Bio- und Wellnesshotel Alpenblick
Telephone: +49 7672 418-0
THOMA HOTELS & WELLNESS GMBH
Telephone: +49 7672 418-0
I. SCOPE OF APPLICATION
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided by the hotel for the customer.
The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II. CONCLUSION OF CONTRACT, PARTNERS; LIMITATION PERIOD
The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is free to confirm the room booking in writing.
The contractual partners are the hotel and the customer. If a third party has booked on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
All claims against the hotel are generally subject to a limitation period of one year from the beginning of the regular limitation period of § 199 para. 1 BGB (German Civil Code). Claims for damages shall become time-barred after five years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. SERVICES, PRICES, PAYMENT, OFFSETTING
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services utilised 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 period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but by no more than 5%.
The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of the guests' stay and the hotel agrees to this.
Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.
The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
For the New Year's Eve offer, the guest will receive an advance payment invoice of 50% in December.
The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. WITHDRAWAL BY THE CUSTOMER (I.E. CANCELLATION) / NON-UTILISATION OF THE HOTEL'S SERVICES
Cancellation by the customer of the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not utilise contractual services. This shall not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of cancellation.
If the hotel and the customer have agreed in writing on a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation shall expire if he does not exercise his right of cancellation in writing vis-à-vis the hotel by the agreed date, unless a case of cancellation by the customer pursuant to No. 1 sentence 3 exists.
In the case of rooms not utilised by the customer, the hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
The hotel is free to demand the contractually agreed remuneration from 7 days before arrival and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed room rate (for offers for the next 3 nights at the most).
The customer is at liberty to prove that the above-mentioned claim has not arisen or has not arisen in the amount demanded.
V. CANCELLATION BY THE HOTEL
If a right of cancellation free of charge for the customer within a certain period has been agreed in writing, the hotel is entitled to cancel the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of cancellation upon enquiry by the hotel. If the customer's right to cancel the contract free of charge within a certain period has been agreed in writing, the hotel is entitled to cancel the contract during this period if there are enquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of cancellation upon enquiry by the hotel.
If an agreed advance payment or an advance payment demanded 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 shall also be entitled to withdraw from the contract.
Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, for example if
force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
rooms are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose;
the hotel has justified cause to believe that the use of the hotel's services may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel's sphere of control or organisation;
there is a breach of Clause I No. 2 above.
In the event of justified cancellation by the hotel, the customer shall have no claim to compensation.
VI. ROOM PROVISION, HANDOVER AND RETURN
The customer does not acquire any claim to the provision of specific rooms.
Booked rooms are available to the customer from 3.00 p.m. on the agreed day of arrival. On particularly busy arrival and departure days, e.g. Sundays from 4.00 pm. The customer is not entitled to earlier availability.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room until 6.00 p.m., and 100% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.
VII. LIABILITY OF THE HOTEL
The hotel shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the customer for damages 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 based on an intentional or grossly negligent breach of duty by the hotel and damages 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. Should disruptions or defects in the hotel's services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.
The hotel shall be 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 rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables up to a maximum value of € 15,000 may be stored in the hotel or room safe. The hotel recommends that guests make use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). The above number 1 sentences 2 to 4 shall apply accordingly to any further liability of the hotel.
Insofar as the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
Wake-up calls are carried out by the hotel with the utmost care.
Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The above number 1 sentences 2 to 4 apply accordingly.
Lost property shall be kept by the hotel for 6 months. They will be sent to the customer on request and at the customer's own expense and risk. After 6 months, the hotel is authorised to dispose of the lost property.
VIII. FINAL PROVISIONS
Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
The place of fulfilment and payment is the hotel's registered office.
The exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - in commercial transactions is the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be 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.
MANDATORY INFORMATION ACCORDING TO REGULATION (EU) NO. 524/2013 OF THE EUROPEAN PARLIAMENT AND COUNCIL:
Complaints procedure via online dispute resolution for consumers (OS): http://ec.europa.eu/consumers/odr/. We are obliged to settle disputes with consumers before the following consumer arbitration board. Consumers can contact the following consumer arbitration board: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V., Straßburger Str. 8, 77694 Kehl, https://www.verbraucher-schlichter.de.