Rates & Conditions
GENERAL TERMS AND CONDITIONS OF THE HOTEL OBERKIRCH FOR LODGING AGREEMENTS
Terms of Service
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract. They are based on the recommendations of the International Hotel Association IHA.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby section 540 (1) sentence 2 BGB is waived unless the customer is a consumer within the meaning of section 13 BGB.
1.3 General terms and conditions of the customer only apply if this has been expressly agreed in writing beforehand.
2. CONCLUSION OF CONTRACT, PARTNER, LIMITATION
2.1 The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in text form.
2.2 In principle, all claims against the hotel become statute-barred one year from the start of the statutory limitation period.
This does not apply to claims for damages and other claims insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.
- SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for the provision of rooms and the other services used. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and are disbursed by the hotel.
3.3 The agreed prices include the taxes and local taxes applicable at the time the contract is concluded. Local taxes that are payable by the guest according to the respective local law, such as visitor’s tax, are not included. In the event of a change in the statutory value added tax or the new introduction, change or abolition of local taxes on the object of performance after the contract has been concluded, the prices can be adjusted accordingly, but this does not impose an obligation on the hotel to do so.
In the case of contracts with consumers, this only applies if the period between signing the contract and fulfilling the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the service provided by the hotel or the length of stay of the customer dependent on the price for the room and / or the other services provided by the hotel being increased accordingly .
3.5 Hotel invoices are payable immediately upon receipt without deduction. If payment on account has been agreed, the payment – subject to a different agreement – must be made without deduction within ten days of receipt of the invoice.
3.6 The hotel is entitled to request a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the customer when the contract is concluded. The amount of the advance payment and the payment dates can be agreed in text form in the contract. The statutory provisions remain unaffected in the case of advance payments or security deposits for package tours. If the customer defaults on payment, the legal regulations apply.
3.7 In justified cases, e.g. late payment by the customer or extension of the scope of the contract, the hotel is entitled, even after the contract has been concluded, to make an advance payment or security deposit as defined in Section 3.6 above or to increase the advance payment or security deposit agreed in the contract to the full amount to request the agreed remuneration.
3.8 The hotel is also entitled, at the beginning and during the stay, to request a reasonable advance payment or security from the customer in the sense of the above section 3.6 for existing and future claims from the contract, insofar as such is not already in accordance with the above section 3.6 and / or section 3.7 was done.
3.9 The customer can only offset or offset an undisputed or legally binding claim against a claim by the hotel.
3.10 The customer agrees that the invoice can be sent to him electronically.
4.CUSTOMER CANCELLATION (CANCELLATION, CANCELLATION and NoShow)
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if there is a statutory right of withdrawal or if the hotel expressly agrees to the cancellation of the contract.
4.2 If an appointment to withdraw from the contract free of charge has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or right of termination and if the hotel does not consent to the cancellation of a contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented out to any other person, the hotel can make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast and for flat-rate arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. For bookings at non-refundable and economy tariffs, a cancellation fee of 100% applies – the same amount applies to non-arrivals. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
WITHDRAWAL BY THE HOTEL
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is in turn entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer, upon request from the hotel, with reasonable Setting a deadline does not waive his right to withdraw. This applies accordingly if an option is granted, if there are other inquiries and the customer is not ready to make a firm booking with a reasonable deadline when asked by the hotel.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and / or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justifiable reasons, especially if
• Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• rooms or rooms are culpably booked with misleading or false information or withholding essential facts; the identity of the customer, solvency or the purpose of stay may be essential;
• the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the sphere of control or organization of the hotel;
• the purpose or the reason for the stay is illegal;
• there is a violation of the above-mentioned number 1.2.
5.4 The justified resignation of the hotel does not justify the customer’s claim for damages.
ROOM DELIVERY, DELIVERY AND RETURN
6.1 The customer is not entitled to the provision of certain rooms unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. Thereafter, due to the delayed evacuation of the room for use beyond the contract, the hotel can charge 60% of the full accommodation price (price according to the price list) by 2:00 p.m. and 100% from 2:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or significantly lower entitlement to usage fees.
7.1 The hotel is liable for damage for which it is responsible for injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations of the hotel. Contractual obligations are those obligations that enable the proper execution of the contract and on the fulfillment of which the customer trusts and may trust. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this Section 7. Should faults or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if the customer becomes aware of it or if the customer gives notice of it immediately. The customer is obliged to contribute what is reasonable to him to remedy the malfunction and to keep possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other things with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, also for a fee, this does not result in a custody contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with the preceding section 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the greatest care. Messages for customers are handled with care. After prior consultation with the customer, the hotel can accept, store and – on request – forward mail and goods for a fee. The hotel is only liable in accordance with the preceding section 7.1, sentences 1 to 4.
8.1 Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in text form. Unilateral changes or additions are ineffective.
8.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction – also for check and exchange disputes – is Freiburg im Breisgau in commercial transactions.
8.3 German law applies. The application of the UN sales law is excluded.
8.4 In accordance with the legal obligation, the hotel would like to point out that the European Union has set up an online platform for out-of-court settlement of consumer disputes (“OS platform”): http://ec.europa.eu/consumers/odr/ The hotel takes however, do not participate in dispute settlement procedures before consumer arbitration boards.
8.5 Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, this does not affect the effectiveness of the remaining provisions. In this case, the parties will agree on a new regulation that comes as close as possible to the ineffective one.
Copyright for the original German version of these terms and conditions: Hotelverband Deutschland IHA e.v., 2019
(The text above is a translation of the German version. We do not take responsibility for translation errors, the sole relevant terms are the ones stated on our German page)