Additional beds, parking, general terms
Rates & conditions
Rates & conditions
Rates | Conditions
additional bed
adults
€46.5
per night
including breakfast
additional bed
children 13-17 years
€44.5
per night
including breakfast
additional bed
children 5-12 years
€28
per night
including breakfast
additional bed
children 0-4 years
€12
per night
including breakfast
parking space
only on request
€27
only 3 spots avaialble
reservation required
Pet
only on request
€29
only in some rooms possible
only on request prior to arrival
Check-In:
3 p.m. to 10 p.m.
Early check-in (from 1:00 p.m.) available on (prior) request at an additional cost
Late check-in available on (prior) request and when pre-registering online in advance
Check-Out:
11 a.m.
Late check-out (until 1:00 p.m.) available on (prior) request at an additional cost
Ytra late check-out (until 5:00 p.m.) available on (prior) request at an additional cost
General terms and conditions of the Hotel Oberkirch for guest accommodation contracts
The text below 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
§1 Scope
(1) These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (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.
(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 § 540 paragraph 1 sentence 2 German Civil Code is waived.
(3) The customer’s general terms and conditions only apply if this has been expressly agreed in writing beforehand.
§2 Conclusion of contract, partners
The contractual partners are the hotel and the customer. The contract is formed when the hotel accepts the customer’s application. In the case of booking via the hotel’s own website, the contract is concluded by clicking on the «Book with obligation to pay» button.
§3 Services, prices, payment, offsetting
(1) The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
(2) The customer is obliged to pay the agreed or applicable hotel prices for rooms provided and for other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
(3) The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor’s tax. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices can be adjusted accordingly, but the hotel is not obliged to do so.
In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
(4) The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the length of stay of the customer, as requested by the customer, dependent on the price for the rooms and/or for the other services of the hotel changing appropriately increased.
(5) Hotel invoices are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made within ten days of receipt of the invoice without deductions, unless otherwise agreed.
(6) The hotel is entitled to demand a reasonable advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. If the customer is in default of payment, the statutory regulations apply.
(7) In justified cases, for example the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit in the sense of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the beginning of the stay, even after conclusion of the contract to demand the full agreed remuneration.
(8) The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with Section 3.6 and/or Clause 3.7 has been provided.
(9) The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.
(10) The customer agrees that the invoice can be sent to him electronically.
§4 Withdrawal / Termination («Cancellation») by the Customer
Failure to use the hotel’s services («No Show»)
(1) A unilateral cancellation by the customer of the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract or if there is a statutory right of withdrawal.
(2) If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise this right in writing to the hotel by the agreed date.
(3) If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented out elsewhere, 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 accommodation with or without breakfast and for package deals with third-party services, 70% for half-board and 60% for full-board packages. A cancellation fee of 100% applies to bookings at non-refundable fares and economy fares – there is a claim to the same amount in the event of no-show. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
§5 Cancellation by the hotel
(1) If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer responds to the hotel’s query not waive his right to withdraw after setting a reasonable deadline. This applies accordingly if an option is granted if there are other inquiries and the customer is not ready to make a firm booking after the hotel has asked for a reasonable deadline.
(2) If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during this period if extraordinary cost increases (more than 25% since the conclusion of the contract) of the total costs since the conclusion of the contract have occurred. At the customer’s request, the cost increases must be broken down in detail. In the event of termination based on this clause, the customer is entitled to a new offer for the same period from the hotel with a reasonable deadline. If he then does not make a new booking or does not comment within this period, the hotel is entitled to allocate the room to someone else. In the case of contracts with private individuals, this clause only applies to contracts that were concluded more than four months before the service was provided by the hotel.
(3) 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.
(4) Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular 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 with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be essential.
- the hotel has justified reason to believe that the use of the service may endanger the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s area of control or organization;
- the purpose or reason for the stay is unlawful;
- there is a violation of the above-mentioned number 1.2.
(5) The hotel’s justified withdrawal does not justify any claims by the customer for damages.
§6 Room provision, handover and return
(1) The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed in writing.
(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.
(3) On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 60% of the full accommodation price (price according to the price list) due to the delayed vacating of the room for its contractual use up to 2:00 p.m., from 2:00 p.m. 100%. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.
§7 Liability of the hotel
(1) The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations by the hotel. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. 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 regulated in this clause 7. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
(2) The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate safekeeping agreement with the hotel.
(3) If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
(4) Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are treated with care. After prior agreement with the customer, the hotel can take over the acceptance, storage and – on request – the forwarding of mail and goods consignments for a fee. The hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
§8 Final Provisions
(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 invalid.
(2) If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Freiburg im Breisgau. The hotel can also sue the customer at the customer’s place of business. The same applies to customers who do not fall under sentence 1 if their registered office or place of residence is not in an EU member state.
(3) German law applies. The application of the UN sales law is excluded.
(4) In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes («OS platform»): http://ec.europa.eu/consumers/odr/. However, the hotel does not participate in dispute settlement procedures before consumer arbitration boards.
(5) Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the parties will agree on a new regulation that comes as close as possible to the meaning of the invalid one.
Copyright for the original version of these terms and conditions: Hotelverband Deutschland IHA e.v., 2021
General terms and conditions for our restaurant
The text below 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
§1 Applicability of the general cancellation conditions
These terms and conditions of our Oberkirchs Weinstuben restaurant are the basis for table reservations. Ancillary agreements and changes to the contract must be in text form. This also applies to the cancellation of the text form requirement. § 9 only applies to reservations whose confirmation expressly refers to the special banquet provisions.
§2 Binding nature of table reservations
When you reserve a table, you make a legally binding declaration to appear in the restaurant at the time of reservation with the announced number of people and to select and order from the food and drinks offered on the menu. With the table reservation, a debt relationship is established.
§3 Free cancellation
(1) If you are unable to keep the agreed appointment and cancel the reservation at least 12 hours before the agreed appointment, no cancellation fees will be charged. In your own interest and to avoid misunderstandings, we advise you to cancel by email to our email address info@hotel-oberkirch.de.
(2) No fees are incurred if we are still able to allocate the table you have canceled to other guests at short notice.
(3) Section 3 does not apply to reservations in which Section 9 of these terms is expressly included.
§4 Cancellation Fees
(1) If you do not cancel your table reservation in good time in accordance with § 3 Paragraph 1 or if you do not show up at the reserved time on that day, we can demand reasonable compensation for our useless expenses. These cancellation fees amount to EUR 35.00 per registered guest. The same applies if fewer than the announced number of guests appear.
(2) For reservations in which Section 9 of these terms is expressly included, the cancellation fees are calculated according to Section 9 of these terms.
§5 Proof of lesser damage
You are at liberty to prove that no or significantly lower costs were incurred than those provided for with the above flat rate.
§6 Late arrival at the restaurant
Late arrival at the restaurant of up to 15 minutes after the agreed appointment is tolerated and does not trigger any entitlement to cancellation fees. If you arrive late, please contact our restaurant in good time.
§7 Assertion of Cancellation Fees
The restaurant may request a credit card number upon reservation to guarantee the reservation. In the event of a late cancellation or no-show without cancellation according to these rules, we may then charge the credit card accordingly.
§8 Reimbursement of Additional Expenses
If you have commissioned us to provide additional services, such as decorating the table, we always charge for our expenses separately. On request, we will provide you with information and submit evidence.
§9 Special Conditions Banquet Agreement
- (1) These special conditions apply to all bookings of premises, deliveries and catering of our house, for which this section is expressly part of the agreement. This section is expressly part of the agreement if it is specifically referred to in the reservation confirmation.
- (2) For events that are more than four months in the future at the time of the agreement and for which it has been agreed that the guest can withdraw from the contract free of charge within a certain period, the restaurant is entitled to withdraw from the contract within this period , if the purchase prices of the goods, the energy costs or the standard wages have increased by at least 25% since the agreement, without the increase to which the restaurant refers being opposed by an at least equally high reduction in other costs. At the request of the customer, the restaurant must provide detailed evidence of this.
- (3) A full «à la carte service» is only granted if it has been expressly agreed. For events for which no uniform menu has been agreed, only a limited selection of dishes from our restaurant kitchen can be offered. restrictions, such as B. Allergy sufferers, vegetarians, vegans only have to be considered if they have been expressly contractually agreed.
- (4) Ancillary services such as music bands, offprints of menu cards or floral decorations, as well as any permit fees that may be incurred for this event, will be charged extra.
- (5) Musicians and artists’ fees are to be settled by the organizer either directly with the persons concerned or made available to us in advance. Any GEMA fees incurred are borne by the organiser.
- (6) Subletting or other transfer of use to third parties requires our prior consent.
- (7) The calculation is based on the registered persons. The organizer is liable for all orders placed by his guests. The agreed price minus the saved expenses will be charged for guests who do not appear. Additional guests may be rejected. Otherwise, an additional payment will be due for them in the amount of the agreed price for the other guests.
- (8) Our prices are final prices, which generally include the statutory value-added tax at the rate applicable at the time the contract was concluded.
- (8a) This automatically leads to a price change, should the VAT rate change between the conclusion of the contract and the event.
- (9) Our invoices can be paid by credit card, EC card, in cash or by bank transfer. In the case of invoicing, the amount must be paid within 14 days of receipt of the invoice.
- (10) For events in which more than 20 people are involved or which are carried out by legal or natural persons with company or place of residence outside of Germany, an advance payment of 50% of the expected invoice amount is due no later than four weeks before the event afford to. If the advance payment is not made on time, we are entitled to withdraw from the contract.
- (11) In the event of cancellation of an event, the final price minus the saved expenses will be charged.
- (12) Items brought along must comply with the statutory provisions (e.g. fire protection for decoration). They must be removed immediately at the end of the event, otherwise the organizer must bear the costs for removal and storage.
- (13) If a political event is held without written consent, or if there is a justified reason that the event threatens to endanger the smooth running of business, the security or the reputation of our house or our guests, as well as in the event of force majeure, we can withdraw from the contract
§10 Severability Clause
Should individual provisions of these General Terms and Conditions for the Restaurant be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the parties will agree on a new regulation that comes as close as possible to the meaning of the invalid one.
§11 Data protection
Hotel Oberkirchs Weinstube
Münsterplatz 22
79098 Freiburg
Münsterplatz 22
Restaurantöffnungszeiten