General Terms and Conditions (GTC)
Hotel zum Ochsen Schönwald
Horst Martin Nachfolger Barbara Martin e. K.
I. Scope
These terms and conditions apply to contracts for the rental of hotel rooms, for accommodation and the provision of function rooms, for the holding of meetings, seminars, congresses, banquets, etc., as well as all other services and deliveries provided for the customer by Hotel zum Ochsen Schönwald Horst Martin Nachfolger Barbara Martin e. K., hereinafter referred to as the hotel (hotel accommodation contract).
The subletting or reletting of the rooms or event rooms provided as well as the use of the rooms for purposes other than accommodation require the prior written consent of the hotel.
Terms and conditions of the customer shall only apply if this has been agreed in writing in advance.
II. Conclusion of Contract, Contracting Parties, Liability; Statute of Limitations
The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the booking in writing.
Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract.
All claims against the hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
This limitation of liability and short period of limitation shall also apply in favor of the hotel in case of breach of obligations during the initiation of the contract.
III. Services, Prices, Payment, Offsetting
The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
The customer is obligated to pay the applicable or agreed prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value-added tax. If the rate of value added tax increases on the date of performance of the service, the respective agreed prices shall change accordingly. The hotel is entitled to charge the value added tax subsequently. If the period between the conclusion of the contract and the performance of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 10%. The hotel is also entitled to demand surcharges and additional charges on the agreed price from the customer if the hotel is forced to do so by circumstances such as increases in wage or energy costs, increases in public charges, etc., and the hotel's performance is to take place later than 4 months after conclusion of the contract. In the case of other price increases, the customer has a right of withdrawal in the event that the price has increased significantly more than the general cost of living.
The prices may be changed by the hotel if the customer subsequently requests changes in the number of booked rooms, the hotel's service or the length of stay of the guests and the hotel agrees.
Invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the Hotel shall be entitled to charge interest at the current rate of 9 percentage points or, in the case of legal transactions involving a consumer, interest at the rate of 5 percentage points above the prime rate of the European Central Bank. The customer reserves the right to prove a lower, the hotel that of a higher damage. For each reminder after the occurrence of default, the customer shall reimburse reminder costs in the amount of Euro 5. All other costs incurred in the course of collection shall be borne by the customer.
The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit in the sense of No. 6 above from the customer at the beginning and during the stay for existing and future claims arising from the hotel accommodation contract, insofar as such has not already been made in accordance with No. 6 above.
The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. Withdrawal of the Customer (Cancellation, Cancellation)
Withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract is to be paid even if the customer does not make use of the contractually agreed services (compensation for damages). This does not apply in cases of delay in performance by the hotel or an impossibility of performance for which the hotel is responsible.
If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel. The customer's right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract in writing to the hotel by the agreed date, unless there is a case of default in performance on the part of the hotel or an impossibility of performance for which the hotel is responsible.
In the case of rooms not used by the customer, the hotel shall credit the income from renting the rooms to other parties as well as the saved expenses.
The hotel is free to lump sum the damage incurred and to be compensated by the customer. The customer is then obliged to pay 80% of the contractually agreed amount. The customer is free to prove that no damage was incurred or that the damage incurred by the hotel is lower than the demanded lump sum.
V. Withdrawal of the hotel
If the customer's right to withdraw from the contract within a certain period of time has been agreed upon in writing, the hotel is also entitled to withdraw from the contract during this period of time if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel. This applies accordingly if an option is granted.
If an agreed advance payment is not made even after the expiration of a reasonable grace period set by the hotel with a warning of refusal, the hotel is also entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, if, for example, force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible; hotel services are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose; the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the control or organizational sphere of the hotel; there is a violation of paragraph 2 above.
The hotel must inform the customer immediately of the exercise of the right of withdrawal.
Unauthorized interviews, sales and similar events may be stopped or canceled by the hotel.
In the event of justified withdrawal by the hotel or prevention of an unauthorized event in accordance with No. 5 above, the customer shall have no claim for damages.
VI. Room provision, handover and return
The customer has no right to the provision of certain rooms or event rooms.
Booked rooms are available to the customer from 14:30 on the agreed day of arrival. The customer has no right to earlier provision. Unless a later arrival time has been expressly agreed or the room has been prepaid, the hotel has the right to assign booked rooms to other parties after 8:00 p.m. without the customer being able to derive a claim against the hotel from this. Claims of the hotel from clause IV remain unaffected by this regulation.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:30 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6:00 p.m., and 100% after 6:00 p.m., in addition to any damages incurred. Contractual claims of the customer are not justified by this. The customer is free to prove to the hotel that the hotel has not incurred any damage or that the damage is significantly lower.
VII Liability of the hotel
The hotel is liable with the diligence of a prudent businessman for its obligations under the hotel accommodation contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, as well as other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or grossly negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a representative or vicarious agent. In the event of disruptions or deficiencies in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.
The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room price, but not exceeding Euro 3,500, and for money, securities and valuables up to Euro 800. Money, securities and valuables can be stored in the hotel safe up to a maximum value corresponding to the hotel's sum insured. The hotel recommends to make use of this possibility. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). Liability only arises if the rooms or event rooms in which the items were left were locked.
Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall not be liable, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.
Wake-up calls are carried out by the hotel with the utmost care. No liability will be assumed. Messages, mail and merchandise shipments are handled with care. The hotel will take care of delivery, safekeeping and - upon request - forwarding of the same against payment. No. 1 sentences 2 to 4 above shall apply accordingly.
Items left behind will only be forwarded at the request, risk and expense of the customer. The hotel shall keep the items for six months. Vehicles and objects with a surface area of more than half a square meter will only be stored for a maximum of 3 months against payment of a local storage fee.
VIII. Dogs / Pets
Only dogs are allowed in the hotel. Other pets are not allowed.
Only one dog is allowed per room.
Pets brought by the customer after prior agreement with the hotel have no access to all areas of the restaurant, sports, wellness and recreation rooms, as well as to the sunbathing lawn and sun terrace of the hotel. In the booked room, the use of furniture such as armchairs, sofa and bed by pets is prohibited. Pets sleep on a blanket brought by the customer on the floor. If the above regulations are violated, and in particular the need to clean the furniture arises due to the prohibited use of the furniture by pets, the hotel will charge the customer a one-time cleaning fee of €200. The proof of a higher or lower expense remains at the discretion of both parties.
IX. Final provisions
Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
The place of performance and payment is the registered office of the hotel.
The exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions is the registered office of the hotel.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
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 all other respects, the statutory provisions shall apply.