General terms and conditions of the Hotel Seeschloss Owner Kathrin Brombach

Scope

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries of the hotel such as wellness services. The subletting or further rental of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel in text form, whereby Section 540 Paragraph 1 Sentence 2 of the German Civil Code is waived if the customer is not a consumer within the meaning of Section 13 of the German Civil Code.

Conclusion of contract and limitation period

  1. The accommodation contract is concluded as soon as the room has been booked by the guest and confirmed in writing by the hotel. In doing so, the guest has also accepted the hotel's general terms and conditions. If a hotel room is rented at short notice by telephone and written confirmation from the hotel is therefore no longer possible, the general terms and conditions are still binding for the guest booking by telephone. The accommodation contract is concluded with the verbal confirmation from the hotel.
  2. All claims against the hotel arising from the accommodation contract generally expire in one year from the start of the regular limitation period of Section 199 Paragraph 1 of the German Civil Code (BGB), which is dependent on knowledge. Claims for damages expire in 5 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 or an injury to life, body or health.

Services, prices, payment, offsetting

  1. The hotel is obliged to keep the rooms booked by the guest ready in accordance with these general terms and conditions and to provide the agreed services.
  2. The guest is obliged to pay the hotel's applicable or agreed prices for the room and any other services used by the guest. This also applies to services and expenses incurred by the hotel for third parties at the guest's request.
  3. The agreed prices include the respective statutory sales tax. If the sales tax included in the prices increases due to statutory provisions, the hotel is entitled to adjust the agreed prices accordingly without the guest's prior consent. Local taxes such as tourist tax are not included.
  4. The prices can be changed by the hotel if the guest subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.
  5. The hotel is entitled to demand payment in the amount agreed in the contract in advance upon the guest's arrival at the hotel. Other payment dates must be specified in the contract. Accumulated claims can be made due at any time and immediate payment can be demanded. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest. The guest reserves the right to prove that the damage is less and the hotel reserves the right to prove that the damage is greater. The guest can only offset or reduce a claim against the hotel with an undisputed or legally established claim. The guest agrees that the invoice can be sent to him electronically.

Cancellation by the guest

  1. Any withdrawal by the guest from the contract concluded with the hotel or any changes to it requires the written consent of the hotel. If this is not given, the agreed price from the contract must be paid even if the guest does not use the contractual services or does not use them to the extent ordered or for the agreed period. This does not apply in cases of delay in performance by the hotel or an impossibility of providing the service for reasons attributable to the hotel or if the guest has another legal or contractual right of withdrawal.

  2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the guest, the guest can withdraw from the contract up to that date without triggering any payment or compensation claims from the hotel. The guest'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 hotel is in default of performance or is unable to provide the service for reasons of its own.

  3. If the guest does not use the rooms or does not use them to the extent booked or only for a shorter period than the agreed period, the hotel can offset the income from renting the rooms to other people and the expenses saved.

  4. If the contractual services are not used less than 14 days before arrival, the guest is obliged to pay 80% of the room price (with or without breakfast). Cancellation up to 15 days before arrival is free of charge.

  5. The cancellation policy also applies if the number of rooms ordered and/or the length of stay is reduced.

  6. The customer is free to provide evidence that no damage was caused or that the damage incurred by the hotel is less than the flat rate charged. The hotel is obliged in good faith to rent unused rooms to other guests in order to avoid losses.

Cancellation by the hotel

  1. If it has been agreed that the guest 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 other guests request the rooms booked under the contract and the guest does not waive his right to withdraw after being asked by the hotel within a reasonable period of time. This applies accordingly when an option is granted if other requests are made and the guest is not prepared to make a firm booking after being asked by the hotel within a reasonable period of time.
  2. Furthermore, the hotel is entitled to withdraw from the contract for good cause, for example if:
    • force majeure or other circumstances beyond the hotel’s control make the fulfilment of the contract impossible
    • Rooms are booked with misleading or false information about essential facts, e.g. the identity of the guest or the purpose
    • the hotel has reasonable grounds to believe that use of the hotel services may endanger the smooth running of the business, the security or the public reputation of the hotel without this being attributable to the hotel's sphere of control or organization - there is a breach of the regulations on subletting and further letting - the hotel becomes aware of circumstances that the guest's financial situation has deteriorated significantly after the contract was concluded, in particular if the guest does not settle outstanding claims of the hotel or does not provide sufficient security and the hotel's claims for payment therefore appear to be at risk.
       
  3. If the hotel withdraws for legitimate reasons, the guest has no right to compensation.

Room availability, handover and return

  1. The guest does not acquire any fundamental right to the provision of specific and possibly promised rooms or room types or room categories.
  2. Booked rooms are available to the guest from 3:00 p.m. on the agreed arrival day. The guest has no right to earlier availability unless early arrival has been expressly agreed in writing.
  3. On the agreed departure day, the rooms must be vacated by the hotel by 11:00 a.m. at the latest. If the guest does not vacate the room by 11:00 a.m., the hotel may charge 50% of the full accommodation price for continued use of the room until 6:00 p.m. due to the late vacating of the room, and 100% from 6:00 p.m. This does not affect the guest's contractual claims.
  4. The guest is free to prove that the hotel has no claim to compensation or that the claim is significantly lower. The hotel reserves the right to prove and assert greater damages.

Liability of the hotel

  1. The hotel is liable for its obligations arising from the accommodation contract with the care of a prudent businessman. The guest's claims 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, other damages that are based on an intentional or grossly negligent breach of duty by the hotel and damages that are based on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel.
  2. Should any disruptions or deficiencies occur in the hotel's services, the hotel will endeavour to remedy the situation upon becoming aware of the problem or upon immediate notification by the guest. The guest is obliged to do what is reasonable to remedy the disruption and to minimise any possible damage.
  3. The hotel is liable to the customer for items brought into the hotel in accordance with statutory provisions, but up to a maximum of €3,500.00, as well as for money and valuables up to a maximum of €800.00. Money and valuables can be stored in the hotel safe up to a maximum value of €3,500.00. The hotel recommends making use of this option. Liability claims expire if the guest does not notify the hotel in writing immediately after becoming aware of the loss, destruction or damage.
  4. Any further liability of the hotel is subject to the statutory provisions.
  5. If a parking space is made available to the guest in the hotel's car park, this does not constitute a storage contract. The hotel is not liable for any loss or damage to vehicles parked or maneuvered on the hotel's property and their contents.
  6. If the room includes a balcony, use is at the guest's and their children's own risk. The hotel accepts no liability for any damage or injury that may occur.
  7. Wake-up calls and message requests are carried out by the hotel with the utmost care. Claims for damages, except for cases of intent or gross negligence, are excluded.
  8. Mail and goods sent to guests are handled with care. The hotel undertakes to the extent possible delivery, storage and, if requested, forwarding of the same for a fee.

Liability of the guest

  1. The guest is liable for all damage caused to the hotel building and inventory, including the wellness area. The guest is also liable for damage caused by participants, visitors, employees or other third parties in his area.
  2. If the guest violates the non-smoking law, he or she is liable for any fines imposed on the hotel as a result.

Third-party services

  1. In addition to the hotel services, guests may be provided with third-party services, such as a naturopath. These services are provided at the hotel's own risk. The hotel accepts no guarantee and/or liability.

Other regulations due to Corona, pandemic situations and force majeure

If the hotel cannot operate in whole or in part and the corresponding services cannot be used by the guest due to regulations, general orders or administrative acts to combat or prevent the spread of a virus such as the corona virus or similar serious reasons of force majeure for which the hotel is not responsible, there is no breach of duty for which the hotel is responsible. This applies regardless of the time of issuance of the regulation, general order and administrative act. The hotel undertakes to inform the guest of the start and expected duration of such an administrative act. However, the prerequisite is that regulations and general orders applicable to the hotel are announced and published by the legislature. In the event that the hotel is prevented from fulfilling its contractual obligations for the aforementioned reasons, the hotel is entitled to adapt its hotel offer in accordance with the applicable legal framework without this giving rise to any compensation payments by the hotel. However, if this is not possible or reasonable for the hotel or unreasonable for the guest or is refused for good reason, both parties are entitled to cancel the stay free of charge. If hotel operations are prohibited in their entirety, the hotel is entitled to offer the guest an alternative travel date. If the parties cannot agree on an alternative date, both parties are entitled to withdraw from the affected contract free of charge by means of a written declaration. If the guest is unable to take the booked travel date due to official entry bans or quarantine orders due to Corona or other serious pandemics as defined by the WHO, the guest may cancel his room free of charge, provided that the guest has provided evidence that it is actually objectively impossible for him to enter the country for the reasons stated above. However, there is no right of withdrawal free of charge if the guest merely has concerns or official recommendations.

Final provisions

  1. The place of performance and payment is the hotel’s registered office.
  2. Additions and changes to the contract, the acceptance of the application or these General Terms and Conditions must be made in writing to be effective. This does not apply to individual contractual agreements within the meaning of Section 305 b of the German Civil Code (BGB) with the hotel or an authorised representative of the hotel. Furthermore, the formal requirement cannot be overridden by oral agreement, implied conduct or tacitly.
  3. The law of the Federal Republic of Germany applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. 
  4. 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 this case, the contracting parties undertake to replace the invalid or void provision with a valid provision that corresponds to the economic purpose of the invalid or void provision. Otherwise, the statutory provisions shall apply.