General terms and conditions for the hotel accommodation contract

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1 SCOPE
1.1 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 contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or further letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived if the customer is not a consumer.
1.3 The customer’s general terms and conditions shall only apply if expressly agreed in advance.
was agreed.
2 CONCLUSION OF CONTRACT-PARTNERS, LIMITATION PERIOD
2.1 The contracting parties are the hotel and the customer. The contract is concluded by accepting the application of the
Customers through the hotel. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel shall generally expire within one year from the start of the statutory limitation period. Claims for damages shall expire within five years, depending on knowledge, unless they are based on
an injury to life, body, health or freedom. These claims for damages expire after ten years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICING, PAYMENT, ON BILL
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the costs for the room rental and the services used by him.
The hotel is obliged to pay the agreed or applicable prices for any other services. This also applies to
Services ordered by customers directly or through the hotel, which are provided by third parties and provided by the hotel
be disbursed.
3.3 The agreed prices include taxes and local charges applicable at the time of conclusion of the contract. Local charges that may be applicable under the respective
Municipal law requires the guest to pay such fees as tourist tax.
If the statutory sales tax changes or if local taxes on the service object are introduced, changed or abolished after the contract has been concluded, the prices will be adjusted accordingly.
In the case of contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months.
3.4 The hotel may withdraw its consent to a subsequent reduction of the price requested by the customer.
Number of rooms booked, the hotel's service or the length of stay of the customer
make it dependent on the price of the rooms and/or other services of the hotel
elevated.
3.5 Hotel invoices without a due date are payable within ten days of receipt of the invoice without
The hotel can demand immediate payment of outstanding amounts from the customer at any time.
In case of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer,
of 5% above the base interest rate. The hotel reserves the right to prove that the damage is higher.
General terms and conditions for the hotel accommodation contract
© Hotel Association of Germany (IHA) eV Page 6 Status: April 2012
3.6 The hotel is entitled to demand 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 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.
3.7 In justified cases, e.g. arrears in payment by the customer or expansion of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full, even after the conclusion of the contract up to the beginning of the stay to demand the agreed remuneration.
3.8 The hotel is further entitled to request from the customer at the beginning and during the stay an appropriate advance payment or security deposit in accordance with the above clause 3.6 for existing and
to demand future claims arising from the contract, insofar as such claims have not already been made in accordance with the above clause 3.6 and/or clause 3.7.
3.9 The customer can only assert an undisputed or legally binding claim against a claim
of the hotel.
4 RESIGNATION DES CUSTOMER (CANCELLATION, CANCELLATION)/
NON-CLAIM THE SERVICES DES HOTELS (NO SHOW)
4.1 The customer may only withdraw from the contract concluded with the hotel if
The right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a
The right of withdrawal and any consent to a termination of the contract must be given in writing
respectively.
4.2 If a date 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 date without triggering any payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not cancel by
agreed date exercises his right of withdrawal vis-à-vis the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, there is no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel reserves the right to
Claim to the agreed remuneration despite non-use of the service. The hotel has the
Income from renting the rooms to other parties and the saved expenses are to be taken into account. If the rooms are not rented to other parties, the hotel can deduct the saved expenses as a lump sum. In this case, the customer is obliged to pay at least 90% of the contractually agreed
agreed price for overnight stay with or without breakfast and for package arrangements with
Third party services, 70% for half board and 60% for full board arrangements.
Customers are free to provide evidence that the aforementioned claim is not or not in the required
height was created.
5 RESIGNATION DES HOTELS
5.1 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 requests from other customers for the contractually booked rooms and the customer
The hotel does not waive its right to withdraw after a reasonable period of time has elapsed.
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 withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- Force majeure or other circumstances beyond the control of the hotel prevent the fulfilment of the contract
to make impossible;
General terms and conditions for the hotel accommodation contract
© Hotel Association of Germany (IHA) eV Page 7 Status: April 2012
- Rooms or spaces are booked negligently using misleading or false information or by concealing essential facts; the identity of the customer, their ability to pay or the purpose of their stay may be important in this regard;
- the hotel has reasonable grounds to believe that the use of the service will
smooth business operations, security or the public reputation of the hotel
can endanger the hotel without this being attributable to the hotel's sphere of control or organization;
- the purpose or reason for the stay is unlawful;
- there is a violation of clause 1.2 above.
5.4 The justified withdrawal by the hotel does not justify the customer's claim to compensation.
6 ROOM AVAILABILITY-HANDING OVER AND -RETURN
6.1 The customer does not acquire the right to be provided specific rooms, unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 15:00 p.m. on the agreed arrival day.
The customer has no right to earlier provision.
6.3 On the agreed departure day, the rooms must be vacated by 12:00 noon at the latest.
After that, the hotel can charge for the late departure of the room.
For use exceeding the contract, the hotel will charge 18% of the full accommodation price (list price) until 00:50 p.m. and 18% from 00:90 p.m. This does not constitute a basis for contractual claims by the customer. The customer is free to prove that the hotel has no or a significantly lower claim to
Usage fee has arisen.
7 LIABILITY DES HOTELS
7.1 The hotel is liable for damages for which it is responsible resulting from injury to life, body or
of 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. A breach of duty by the hotel is subject to
of a legal representative or vicarious agent. Further claims for damages
are excluded unless otherwise provided for in this Section 7. Should disruptions or defects in the services of the hotel occur, the hotel will, upon knowledge or upon immediate complaint,
The customer is obliged to make every reasonable effort to remedy the situation. The customer is obliged to do what is reasonable to remedy the problem and to minimize any possible damage.
7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions.
Hotel recommends using the hotel or room safe. If the guest has money, securities and
Valuables with a value of more than 800 euros or other items with a value of more
If you wish to deposit 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 on the hotel car park, even for a fee,
is made available, no custody agreement is thereby concluded. 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 paragraph 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the greatest care.
Messages, mail and goods sent to guests are handled with care. The hotel is responsible for delivery, storage and – if requested – forwarding of the same for a fee.
The hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.
General terms and conditions for the hotel accommodation contract
© Hotel Association of Germany (IHA) eV Page 8 Status: April 2012
8 FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of the application or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the
Customers are ineffective.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions is Hotel Bergknappenhof Silberbergstrasse 8-10 94249 Bodenmais

VAT identification number according to §27 a of the Sales Tax Law: DE131726445, Tax Office Zwiesel

Supervisory authority: Regen District Office, Poschetsrieder Str. 16, 94209 Regen

If a contracting party does not meet the requirements of Section 38
Paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the District Court of Viechtach

8.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.
8.4 Should individual provisions of these General Terms and Conditions be ineffective or void
the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.