AGB Englisch (GTC)

Terms and conditions Hotel Garni Fischerfleck GmbH (GTC)

1. SCOPE

1.1 These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer (hotel accommodation contract). The term „hotel accommodation contract“ includes and replaces the following terms: accommodation contract, hotel room contract.
1.2 The subletting or reletting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form.
1.3 General terms and conditions of the customer only apply if this has been expressly agreed in writing beforehand.

2. CONTRACT FORMATION; CONTRACTINGPARTIES, PRESCRIPTION OF CONTRACT

2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in text form.
2.2 In principle, all claims against the hotel become statute-barred one year after the statutory limitation period begins. This does not apply to claims for damages and other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3. SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for the provision of rooms and the other services used. This also applies to services commissioned directly by the customer or via the hotel, which are provided by third parties and are paid by the hotel.
3.3 The agreed prices include the taxes and local taxes applicable at the time the contract is concluded. Local taxes that are payable by the guest according to the respective local law, such as visitor’s tax, are not included. In the event of a change in the statutory value added tax or the new introduction, change or abolition of local taxes on the service item after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the service provided by the hotel or the length of stay of the customer dependent on the price for the room and / or the other services provided by the hotel being increased accordingly.
3.4 Hotel invoices are payable immediately upon receipt without deduction. If payment on account has been agreed, the payment – subject to a different agreement – must be made without deduction within ten days of receipt of the invoice.
3.5 The hotel is entitled to request a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates can be agreed in text form in the contract. If the customer defaults on payment, the legal regulations apply.
3.6 In justified cases, e.g. late payment by the customer or extension of the scope of the contract, the hotel is entitled to make an advance payment even after conclusion of the contract up to the start of the stay or security deposit as defined in section 3.6 or an increase in the contract to request the agreed advance payment or security deposit up to the full agreed remuneration.
3.7 The hotel is also entitled, at the beginning and during the stay, to demand a reasonable advance payment or security deposit from the customer in the sense of the above section 3.6 for existing and future claims from the contract, insofar as such has not already been made in accordance with section 3.6 and / or section 3.7 above.
3.8 The customer can only offset an undisputed or legally binding claim against a claim by the hotel.
3.9 For bookings with the non-cancellable rate payment is made in advance when booking. The booking cannot be canceled. If the guest does not appear without informing the hotel, the Hotel Garni Fischerfleck is entitled to allocate the room from 1 p.m. after the booked arrival day.If the Hotel Garni Fischerfleck does not suffer any damage due to the no-show because the booked room can be rented to someone else, the guest is entitled to a refund of the prepayment.
3.10 For booking of the cancellable rate, the reservation is initially not-binding. A binding booking is made by transmitting the valid credit card data by 6 p.m. at the latest on the day before the booked day of arrival. The payment or debit of the credit card takes place upon arrival of the guest. The guest is free to pay on arrival in cash, by debit card or by credit card. If the guest does not arrive, the credit card will be charged in any case.
3.11 In the case of group bookings, the deposit of 50% up to 14 or 21 days (depending on the size of the group and the number of nights, see 4) must be paid in the form of a bank transfer. The remaining 50% must be paid by the day of arrival at the latest.
3.12 The customer may only offset or set off an undisputed or legally valid claim against a claim of the Hotel.
3.13 The customer agrees that the invoice can be sent to him electronically.

4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION) / FAILURE TO USE THE HOTEL SERVICES (NO SHOW)

4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed upon in the contract, if there is a statutory right of withdrawal or if the hotel expressly agrees to the cancellation of the contract.
4.2 If an appointment to withdraw from the contract free of charge has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that point without payment or claims for damages of the hotel.
4.2.1 Unless explicitly agreed otherwise, the following cancellation periods apply:
(1) For bookings of one to five nights with up to 3 booked rooms for one night or more each:
• Cancellation up to 1 day before arrival (until 6 p.m.- hotel local time): Free of charge
• Cancellations thereafter: 100 % of the tour price
(2) For bookings of six to nine overnight stays (from one booked room upwards) or also of 4-9 rooms for one overnight stay or more each:
• Cancellations up to 21 days before arrival (until 6 p.m. – hotel local time): Free of charge
• Cancellations up to 14 days before arrival (until 6 p.m. – hotel local time): 50% of the travel price
• Cancellations from the 13th day before the day of arrival: 90 % of the travel price
(3) For bookings of ten nights or more (from one booked room) or 10 rooms for one night or more each:
• Cancellations up to 28 days before arrival (until 6 p.m. – hotel local time): Free of charge
• Cancellations up to 21 days before arrival (until 6 p.m. – hotel local time): 50% of the travel price
• Cancellations from the 20th day before the day of arrival: 90 % of the travel price

4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to the cancellation of a contract, the hotel retains the claim on the agreed remuneration despite not using the service. The hotel must credit the income from renting the rooms to other parties as well as the saved expenses.
If the rooms are not rented to any other person, the hotel can charge a flat rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for an overnight stay with or without breakfast. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.

5. WITHDRAWAL BY THE HOTEL

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is in turn entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer, upon request from the hotel, with reasonable setting of a deadline does not waive his right to withdraw. This applies accordingly to the granting of an option, if there are other inquiries and the customer is not ready to make a firm booking with a reasonable deadline when asked by the hotel.
5.2 If an advance payment or security deposit agreed or requested in accordance with section 3.6 and / or section 3.7 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.
5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justifiable reasons, especially if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms are culpably booked with misleading or false information or concealment of essential facts; this can be the customer’s identity, solvency or the purpose of the stay
– the hotel has reasonable grounds to believe that the use of the service can endanger the smooth running of the business, the security or the reputation of the hotel in public without this being attributable to the organizational area of the hotel;
– the purpose or the reason for the stay is illegal;
– there is a violation of the above-mentioned number 1.2.
5.4 The justified resignation of the hotel does not justify the customer’s claim for damages.

6. ROOM DELIVERY, DELIVERY AND RETURN

6.1 The customer is not entitled to the provision of certain rooms unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 1:00 p.m. on the agreed arrival date. The customer has no right for earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. Thereafter, due to the delayed evacuation of the room for use beyond the contract, the hotel can charge 50% of the full accommodation price (price according to the price list) until 6:00 p.m., 90% after 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or significantly lower entitlement to usage fees.

7. HOTEL LIABILITY

7.1 The hotel is liable for damage for which it is responsible for injury to life, limb or health. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual duties of the hotel. Contractual obligations are those obligations that enable the proper execution of the contract and on the fulfillment of which the customer trusts and may trust. A breach of duty by the hotel represents that of a legal representative or vicarious agents. Further claims for damages are excluded, unless otherwise stipulated in this Section 7. If faults or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if the customer becomes aware of it or if the customer gives notice of it immediately. The customer is obliged to contribute what is reasonable to him to remedy the fault and to keep possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other things with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or on the hotel car park, also for a fee, this does not result in a custody contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the preceding section 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the greatest care. Messages for customers are handled with care. The hotel can be arranged in advance with the customer accepting, storing and – if desired – forwarding mail and goods for a fee. The hotel is only liable in accordance with the preceding section 7.1, sentences 1 to 4.

8. FINAL PROVISIONS

8.1 Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in text form. Unilateral changes or additions are ineffective.
8.2 The place of fulfillment and payment is the seat of the hotel.
8.3 German law applies. The application of the UN sales law is excluded.
8.4 8.4 In accordance with the legal obligation, the hotel would like to point out that the European Union has set up an online platform for out-of-court settlement of consumer disputes (“OS platform”): http://ec.europa.eu/consumers/odr/