General terms and conditions for the hotel accommodation contract Franziskaner Klosterbetriebe GmbH<\/h3>\n
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preliminary remark:<\/strong> A room booking initiated by the customer (uniform name for: orderer, guest, tenant, organizer, agent, etc.) and accepted by the hotel establishes a contractual relationship between the two, the hotel accommodation contract (uniform name for: accommodation, guest accommodation, hotel, hotel room contract ). The hotel accommodation contract is a so-called mixed-type contract that is not specifically regulated in the German Civil Code (BGB), apart from liability for items brought in. It contains elements of service, work and sales contract law. At its core, the hotel accommodation contract is a rental contract. Hotel accommodation contracts, like all other contracts under civil law, are to be observed by both contracting parties.<\/p>\n
I. Scope<\/strong> 1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer. 2. The subletting or subletting of the rooms provided and their use for purposes other than Accommodation purposes require the prior written consent of the hotel, whereby \u00a7 540 Section. 1 sentence 2 BGB is waived if the customer is not a consumer. 3. The customer’s terms and conditions only apply if this has been expressly agreed in writing beforehand.<\/p>\n
II. Conclusion of contract, partners; statute of limitations<\/strong> 1. The contract is concluded when the hotel accepts the customer’s application. To the The hotel is free to confirm the room booking in writing. 2. The 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 debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party. 3. All claims against the hotel generally become time-barred one year from the beginning of the knowledge-dependent regular limitation period of \u00a7 199 para. 1 BGB. 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.<\/p>\n
III. Services, prices, payment, offsetting<\/strong> 1. The hotel is obliged to keep the rooms booked by the customer and the agreed ones available to provide services. 2. The customer is obliged to pay for the rooms provided and for those used by him to pay the applicable or agreed prices of the hotel for other services. This also applies to from Customers arranged services and expenses of the hotel to third parties. 3. The agreed prices include the respective statutory VAT. Exceeds the The period between the conclusion of the contract and the fulfillment of the contract is four months and increases by that of the hotel The price generally charged for such services is reasonable, but not more than 5%. 4. The prices can also be changed by the hotel if the customer subsequently changes the number of booked rooms, the hotel’s performance or the length of stay of the guests and the hotel agrees. 5. Hotel invoices without a due date must be paid within 10 days of receipt of the invoice payable without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of a delay in payment, the hotel is entitled to applicable statutory default interest of currently 8% or in legal transactions in which a consumer is involved to demand a rate of 5% above the base interest rate. The hotel remains proof of a higher damage reserved. 6. The hotel is entitled upon conclusion of the contract or thereafter, taking into account the legal Provisions for Package Travel, a reasonable advance payment or security Craving. The amount of the advance payment and the payment dates can be specified in writing in the contract be agreed. 7. The customer can only with an undisputed or res judicata claim against a claim of the hotel offset or reduce. 8. Dogs (pets) are only allowed with prior notification for a fee. When taking a dog (pet) without prior notice, the hotel reserves the right in any case to provide a necessary final cleaning to be charged.<\/p>\n
IV. Rebooking conditions<\/strong> 1. In the event of a rebooking or a postponement of the booked travel date, the following will apply Costs due: \u20ac 25 per room (Antoniusbau, F\u00fcrstenbau) \u2022 \u20ac 15 per room (Franziskusbau, Berggasthof Elis\u00e4us Standard)<\/p>\n
IV. Withdrawal by the customer (ie cancellation, cancellation)<\/strong> 1. A withdrawal by the customer from the contract concluded with the hotel must be in writing. If this does not take place, the agreed price from 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, objects of legal protection and interests of the customer if this means that adherence to the contract can no longer be reasonably expected of the customer or if another statutory or contractual right of withdrawal is due. 2. If there is an appointment between the hotel and the customer to withdraw from the contract free of charge has been agreed in writing, the customer can withdraw from the contract until then without triggering any payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless the customer withdraws in accordance with number 1 sentence 3. 3. The hotel has the income from rooms not used by the customer other rental of the room and the saved expenses. If the rooms are not otherwise rented, the hotel may charge the following cancellation fees: – No Show: 90% of the agreed price – from the 6th day until no-show: 90% of the agreed price – up to 7 days before arrival: 60% of the agreed price – up to 28 days before arrival: 30% of the agreed price – Up to 2 months before arrival: 10% of the agreed price, but at least EUR 20.00. 4. The hotel is free to demand the contractually agreed remuneration and the deduction for to flat-rate saved expenses. In this case, the customer is obliged, at least 90% of the contractually agreed price for overnight stays with or without breakfast to be paid. The customer is free to prove that the above claim did not arise or did not arise in the required amount.<\/p>\n
V. Cancellation by the hotel<\/strong> 1. If the customer has a right of withdrawal free of charge within a certain period of time in writing has been agreed, 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 does not waive his right to withdraw when asked by the hotel. 2. If an advance payment that has been agreed or requested in accordance with Clause III No. 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. 3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if \u2022 Force majeure or other circumstances for which the hotel is not responsible prevent the fulfillment of the contract to make impossible; \u2022 Zimmer with misleading or false information about essential facts, e.g. in the person of the customers or the purpose to be booked; \u2022 The hotel has reasonable grounds to believe that the use of the hotel service can endanger the smooth running of business, the security or the reputation of the hotel in public without this being attributable to the hotel’s area of control or organization; \u2022 A violation of Clause I No. 2 above has occurred 4. If the hotel withdraws with justification, the customer is not entitled to compensation.<\/p>\n
VI. Room provision, handover and return<\/strong> 1. The customer does not acquire the right to be provided specific rooms. 2. Check-in on the agreed arrival date between 2 p.m. and 6 p.m. The customer has no right to earlier availability. 3. On the agreed day of departure, the rooms must be vacated by the hotel by 10:00 a.m. at the latest To make available. After that, due to the late vacating of the room, the hotel may 50% of the full accommodation price (list price) if it is used beyond the contract until 6:00 p.m. charge, from 6 p.m. 100%. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees. VII. Liability of the hotel 1. The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or negligent breach of 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 defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.<\/p>\n
VIII. Final Provisions<\/strong> 1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid. 2. The place of performance and payment is the hotel’s registered office. 3. The exclusive place of jurisdiction \u2013 also for disputes over checks and bills of exchange \u2013 is the hotel’s registered office in commercial transactions. If a contractual partner meets the requirement of \u00a7 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel. 4. German law applies. The application of the UN sales law and the conflict of laws is excluded. 5. 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 addition, the statutory provisions apply.<\/p>\n