Terms & Conditions

Cancellation: 

 

General Terms and Conditions – based on the DEHOGA model

Please note the following General Terms and Conditions, which you accept upon making a booking.

 

1 SCOPE OF APPLICATION

1.1 These General Terms and Conditions apply to contracts for the rental provision of hotel rooms for accommodation purposes as well as to all further services and deliveries provided by the hotel in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

1.2 Subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel. Section 540 (1) sentence 2 of the German Civil Code (BGB) shall not apply insofar as the customer is not a consumer within the meaning of Section 13 BGB.

1.3 The customer’s general terms and conditions shall apply only if expressly agreed in writing in advance.

 

2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD

2.1 Contracting parties are the hotel and the customer. The contract comes into effect upon acceptance of the customer’s booking request by the hotel. The hotel may confirm the room booking in text form.

2.2 All claims against the hotel shall generally become time-barred one year after the statutory commencement of the limitation period. This does not apply to claims for damages or other claims based on intentional or grossly negligent breach of duty by the hotel.

 

3 SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obliged to keep the booked rooms available and to provide the agreed services.

3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the room rental and for any additional services used. This also applies to services commissioned by the customer directly or via the hotel and provided by third parties, which are advanced by the hotel.

3.3 The agreed prices include the applicable statutory taxes and local charges at the time of contract conclusion. Not included are local charges payable directly by the guest under local law, such as visitor’s tax. If statutory VAT changes or if local charges are introduced, amended, or abolished after the contract has been concluded, prices shall be adjusted accordingly. For contracts with consumers, this applies only if more than four months elapse between contract conclusion and performance.

3.4 The hotel may make its consent to a subsequent reduction in the number of booked rooms, hotel services, or length of stay requested by the customer dependent on an appropriate increase in the price for the rooms and/or other services.

3.5 Hotel invoices are payable immediately upon receipt without deduction. If payment on invoice has been agreed, payment must be made within ten days of receipt of the invoice, unless otherwise agreed.

3.6 The hotel is entitled to require an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount and payment dates may be agreed in writing. Statutory provisions for package travel remain unaffected. In the event of late payment, statutory regulations apply.

3.7 In justified cases, such as payment arrears or extension of the contractual scope, the hotel is entitled to demand an advance payment or security deposit as defined above, or to increase an agreed advance payment up to the full agreed remuneration, even after contract conclusion and prior to arrival.

3.8 The hotel is also entitled to demand an appropriate advance payment or security deposit at the beginning of and during the stay for existing and future claims arising from the contract, insofar as such payment has not already been made.

3.9 The customer may only offset or set off claims against the hotel with undisputed or legally established claims.

3.10 The customer agrees that invoices may be sent electronically.

 

4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-UTILIZATION OF HOTEL SERVICES (NO-SHOW)

4.1 Withdrawal by the customer from the contract is only possible if a right of withdrawal has been expressly agreed, a statutory right of withdrawal exists, or the hotel expressly agrees to the cancellation.

4.2 If a deadline for free cancellation has been agreed, the customer may withdraw from the contract until that date without triggering payment or compensation claims by the hotel. The following cancellation terms apply:
Guests receive a full refund up to 14 days before check-in.
From 3 to 14 days before check-in, guests receive a partial refund of 50%.
Thereafter, the booking is non-refundable.

4.3 If no right of withdrawal has been agreed or has expired, and if no statutory right of withdrawal or termination exists and the hotel does not agree to a cancellation, the hotel retains the right to the agreed remuneration despite non-utilization of the service. Income from alternative rental and saved expenses shall be deducted. If the rooms are not re-let, the hotel may apply 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 arrangements including third-party services. The customer is free to prove that no or a significantly lower claim has arisen.

 

5 WITHDRAWAL BY THE HOTEL

5.1 If it has been agreed that the customer may withdraw free of charge within a certain period, the hotel is likewise entitled to withdraw during this period if there are inquiries from other customers for the booked rooms and the customer does not waive their right of withdrawal upon request by the hotel within a reasonable deadline. This applies accordingly in the case of an option booking.

5.2 If an agreed or requested advance payment or security deposit is not provided even after expiry of a reasonable grace period set by the hotel, the hotel is entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to extraordinary withdrawal for objectively justified reasons, in particular if:

5.4 A justified withdrawal by the hotel does not entitle the customer to claim damages.

 

6 ROOM PROVISION, HANDOVER, AND RETURN

6.1 The customer does not acquire a right to specific rooms unless expressly agreed in writing.

6.2 Booked rooms are available from 3:00 p.m. on the agreed day of arrival. There is no entitlement to earlier availability.

6.3 On the agreed day of departure, rooms must be vacated by 10:00 a.m. at the latest. For late check-out, the hotel may charge 50% of the full room rate until 3:00 p.m. and 90% after 6:00 p.m. The customer may prove that no or a significantly lower charge has arisen.

 

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable for damages resulting from injury to life, body, or health for which it is responsible, as well as for other damages caused by intentional or grossly negligent breach of duty or breach of essential contractual obligations. Further claims for damages are excluded unless otherwise provided. The customer is obliged to report defects promptly and to minimize damages.

7.2 The hotel is liable for items brought in by guests in accordance with statutory provisions. Separate safekeeping arrangements are required for valuables exceeding €800 or other items exceeding €3,500.

7.3 Provision of a parking space does not constitute a safekeeping contract. The hotel is liable for loss or damage only in accordance with Clause 7.1.

 

8 FINAL PROVISIONS

8.1 Amendments and supplements to the contract or these Terms and Conditions must be made in text form. Unilateral changes are invalid.

8.2 Place of performance, payment, and exclusive place of jurisdiction in commercial transactions is Schiltach. If the customer has no general place of jurisdiction in Germany, Schiltach shall apply.

8.3 German law shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

8.4 In accordance with legal requirements, the hotel informs guests of the EU online dispute resolution platform:
http://ec.europa.eu/consumers/odr/
The hotel does not participate in dispute resolution proceedings before consumer arbitration boards