Terms of Service (ToS)
General terms and conditions for hotel accommodation contracts for individual travelers
I. Conclusion of contract, contractual partner, statute of limitations
- The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing.
- The contractual partners are the hotel and the customer.
- All claims against the hotel become statute-barred one year from the start of the statutory limitation period. Claims for damages become statute-barred after five years regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
II. Services, prices, payment, offsetting
- The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
- The customer is obliged to pay the hotel’s prices agreed or applicable for the provision of rooms and the other services used. This also applies to services and expenses of the hotel to third parties initiated by the customer. The agreed prices include the respective statutory value added tax.
- The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the customer’s length of stay, as requested by the customer, dependent on the price of the room and / or other hotel services increasing.
- The hotel is entitled to demand an appropriate advance payment or security deposit from the customer in the form of a credit card guarantee, a deposit or the like upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
- The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of No. 5 above for existing and future claims from the contract at the beginning of and during the customer’s stay, insofar as such has not already been made in accordance with No. 5 and / or 6 above became.
III. Withdrawal by the customer (cancellation, cancellation) / failure to use the hotel’s services (no show)
- Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If this is not done, the price agreed in the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer be expected to adhere to the contract or if he has any other statutory or contractual right of withdrawal.
- If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the hotel in writing by the agreed date, unless there is a case of withdrawal by the customer in accordance with Section IV No. 1 Clause 3. The following cancellation deadlines are agreed:
- In the case of rooms not used by the customer, the hotel must offset the income from renting these rooms to other parties as well as the saved expenses.
The following cancellation deadlines and terms of payment apply, however, when using the early bird discount, no cancellation is possible and the following graduation does not apply:
– Free of charge up to 28 days before arrival
– from 27 to 15 days before arrival 50% of the offer price
– from 14 to 1 day before arrival 80% of the offer price
– 100% of the offer price in the event of cancellation on the day of arrival
- If the government imposes a travel ban on the Rosenheim district for the period booked, the booking will be canceled free of charge. This also applies to the use of the early bird discount.
Graduation for holiday apartment:
– from 60 days bevore arrival 20% of the offer price
– from 40 days bevore arrival 40% of the offer price
– from 28 days bevore arrival 60% of the offer price
– from 14 days bevore arrival 80% of the offer prices
– from 1 day bevore arrival 90% of the offer price
– 100% of the offer price in the event of cancellation on the day of arrival
IV. Resignation of the hotel
- If it has been agreed in writing 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 is on request from the hotel Right to withdraw is not waived.
- If an agreed advance payment or a security deposit requested in accordance with Section III Numbers 5 and / or 6 above 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.
- Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, for example if
- Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
- Rooms are booked with misleading or false information about essential facts, e.g. the person of the customer or the purpose of his stay;
- the hotel has justified cause to believe that the use of the hotel service may jeopardize the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
- there is a violation of the above-mentioned item I No. 2.
- If the hotel is justified in withdrawing from the contract, the customer has no right to compensation.
V. Room provision, handover and return
- The customer does not acquire the right to be provided specific rooms.
- Booked rooms are available to the customer from 2 p.m. on the agreed arrival date. The customer has no right to earlier availability.
- On the agreed departure date, the rooms must be vacated and made available to the hotel by 10:30 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract until 1:00 p.m., and 100% from 1:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim to usage fee.
- If the room has already been booked elsewhere and the hotel is absolutely dependent on vacating the room, the hotel is free to vacate the room without the customer being present in the presence of the executive management and to keep personal items safe.
VI. Hotel liability
- The hotel is liable for its obligations under the contract with the diligence of a prudent businessman. Customer claims for compensation are excluded. Excluded from this are damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage that is based on an intentional or grossly negligent breach of duty by the hotel and damage that is based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy the situation as soon as it becomes aware of this or upon immediate complaint by the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
- Für eingebrachte Sachen haftet das Hotel dem Kunden nach den gesetzlichen Bestimmungen, das ist bis zum Hundertfachen des Zimmerpreises, höchstens € 3.500,-, für Geld, Wertpapieren und Kostbarkeiten bis zu € 800,-. Geld, Wertpapiere und Kostbarkeiten können bis zu einem Höchstwert von € 5.000,- im Hotelsafe aufbewahrt werden. Das Hotel empfiehlt, von dieser Möglichkeit Gebrauch zu machen.
VII. Final provisions
- Changes or additions to the contract, the acceptance of applications or these general terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
- The place of fulfillment and payment is the seat of the hotel.
- The exclusive place of jurisdiction – also for check and bill of exchange disputes – is the corporate seat of the hotel in commercial transactions. If a contractual partner meets the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office under company law.
- German law applies. The application of the UN sales law and the conflict of laws is excluded.
- Should individual provisions of these general terms and conditions for the hotel accommodation contract be or become invalid or void, this shall not affect the validity of the remaining provisions.
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