Terms and Conditions
Terms and Conditions of DAS MÜHLBACH Thermal Spa & Romantikhotel
Scope of Applicability
- These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel to the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
- The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.
- The customer’s general terms and conditions shall apply only if these are previously expressly agreed.
CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
- The contract shall come into force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm the room reservation in written form.
- The hotel and the customer are the contracting parties.If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the hotel for all obligations aris- ing from the hotel accommodation contract as joint and several debtor together with the cus- tomer, insofar as the hotel has a corresponding statement by the third party. Independently of this, the third party is obliged to pass on to the customer all information relevant to booking, in particular these General Terms and Conditions.
- Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period, for all other claims the statute of limitations shall be 6 months. This shall neither apply to damage claims nor to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
SERVICES, PRICES, PAYMENT, SET-OFF
- The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
- The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses. The agreed prices include the statutory value-added tax.
- If the period between conclusion of the contract and performance of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but not by more than 10%.
- The hotel can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.
- Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of due debt from the customer. The statutory rules concerning the consequences of default of payment apply. In case of delayed payment, the hotel is entitled to charge interest in accordance with § 288. The hotel reserves the right to prove greater damage.
- The hotel is entitled to require a reasonable advance payment or a security from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours. The statutory rules concerning the consequences of default of payment apply.
- The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/ FAILURE TO USE HOTEL SERVICES (NO SHOW)
- Rescission by the customer of the contract concluded with the hotel requires the hotels written consent. If it is not given, then the rate agreed in the contract must be paid even if the customer does not avail himself of contractual services.
- Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date, to the extent there is no delay in performance by the hotel or impossibility of performance for which the hotel is at fault.
- If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses.
- At its discretion, the hotel may require flat-rate compensation from the customer for damages incurred. There is no fee for cancelations earlier than 14 days before arrival. After that the customer is then obligated to pay 80 per cent of the contractually agreed rate for lodging. The customer is at liberty to show that no damages were incurred or that the damages incurred by the hotel were lower than the flat-rate amount charged.
WITHDRAWAL OF THE HOTEL
- Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.
- If an agreed advance payment or an advance payment or a security demanded is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.
- Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if - force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible
- The hotel must notify the customer without delay that it is exercising is right of rescission.
- The customer can derive no right to compensation from justified rescission by the hotel.
- rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts
- the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization
- there is a breach of the above-mentioned „Scope of Applicability“ No. 2
Room availability, delivery and return
- The customer does not acquire the right to be provided specific rooms.
- Reserved rooms are available to the customer starting at 2:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
- Rooms must be vacated and made available to the hotel no later than 11:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100%). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.
LIABILITY OF THE HOTEL
- The hotel assumes liability for the due care and diligence of a prudent merchant. However, its liability for is limited in non-typical service areas to performance defects, damage, consequential damage, and discruptions resulting from intent or gross negligence on the part of the hotel. Should discruptions or defects occur in the hotels services, the hotel will endeavor to provide relief when it becomes aware of this or upon the customers immediate notification of the defect. The customer undertakes to contribute reasonable assistance in remedying the disruption and minimizing any possible damage.
- The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.
- Liability claims expire unless the customer notifies the hotel immediately after gaining knowl- edge of the loss, destruction, or damage (§ 703 German Civil Code)
- Unlimited liability of the hotel is governed by the statutory provisions.
- 5. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotels property, nor the contents thereof, excepting cases of intent or gross negligence. This also applies to those employed by the hotel.
- Wake-up calls are carried out by the hotel with the greatest possible diligence. Damage compensation claims are precluded hereby, excepting cases of gross negligence or intentional acts.
- Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on request). Damage compensation claims are precluded hereby, excepting cases of gross negligence or intentional acts.
- Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.
- For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at the location of hotel`s registered office. Insofar as a contracting party fulfills the requirements of section 38, para. 1 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at the location of hotel`s registered office shall have exclusive jurisdiction.
- The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
- Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.