General terms and conditions for the hotel accommodation contract
These terms and conditions apply to contracts for the rental of hotel rooms and apartments for accommodation as well as all other services and deliveries provided by the hotel for the guest.
The prior written consent of the hotel is required before the rooms can be sublet or re-let or used for purposes other than accommodation. The guest’s terms and conditions only apply if this has been agreed in advance.
Conclusion of contract, partners, liability
The contract is concluded when the hotel accepts the guest’s application. The hotel is free to confirm the room booking in writing. Contractual partners are the hotel and the guest. If a third party has ordered for the guest, he and the guest are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party. The hotel is liable for its obligations under the contract.
The guest does not acquire the right to be provided specific rooms. If agreed rooms are not available, the hotel is obliged to procure an equivalent replacement in-house.
If the hotel is prevented from providing its services in cases for which it is not responsible (force majeure), it is entitled to accommodate the guest temporarily or for the entire duration of the agreed stay in an equivalent hotel in the area accommodate.
Arrival and departure
Booked rooms are available to the guest upon arrival from 1 p.m. 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. The room to be allocated to the guest is determined by the hotel on the day of arrival. Unless a later arrival has been expressly agreed, the hotel has the right to allocate booked rooms to someone else after 6 p.m. without the guest being able to derive any claims for compensation from this. In this respect, the hotel has a right of withdrawal.
The guest is obliged to pay the applicable or agreed hotel prices for rooms provided and other services used. The prices are determined according to the price list valid at the time the service is rendered. Statutory value added tax is included in the prices. An increase in VAT after the conclusion of the contract is at the expense of the guest. If a fixed price has been agreed and the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and if the price charged by the hotel in general for such services increases, the hotel can raise the price appropriately and must inform the guest of this. The hotel can also change the prices if the guest subsequently requests changes to the number of booked rooms, the hotel’s services or the length of stay of the guests and the hotel agrees to this. The guest can only offset or reduce a claim from the hotel with an undisputed or legally binding claim.
Terms of payment
Guest invoices are to be paid net cash before departure. In principle, the hotel is entitled to reject foreign exchange, checks and credit cards. The hotel can demand an advance payment of 20% of the accommodation price from the guest.
Cancellation of the hotel
If an agreed advance payment is not made even after a reasonable period of grace set by the hotel has expired with the threat of rejection, the hotel is entitled to withdraw from the contract. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason. The right of withdrawal also exists in the event of force majeure (e.g. fire, strike), false or misleading information on essential facts, violations of the above-mentioned scope of application or if the hotel has reason to believe that the use of the hotel service will disrupt smooth business operations that can endanger the security or the reputation of the hotel in public without this being attributable to the hotel’s area of control and organization. The hotel must inform the guest immediately of the exercise of the right of withdrawal. If the hotel withdraws with justification, the guest is not entitled to compensation.
Changes and cancellations
If a guest does not make use of ordered hotel rooms, apartments or other agreed services, he remains legally obliged to pay the price for the agreed hotel service, regardless of the reason for the hindrance. The expenses saved by the hotel amounting to 20% are deducted. If canceled by 12:00 p.m. (local time) on the day before the planned arrival, the cancellation is free of charge. For cancellations from 12:00 (local time) on the day before the planned arrival or for cancellations on the day of arrival, 80% of the booked price is due. If you do not show up or cancel, 80% of the room price per day is also due. If the hotel can allocate the unused room to someone else, the guest is not obliged to pay the amount of the income otherwise generated for this period.
Liability of the Hotel
The guest as such or as host is fully liable to the hotel for damage caused by himself or his guests. The hotel is liable for the diligence of a prudent businessman. The legal provisions apply to the liability of the hotel (in particular §§ 701 – 704 BGB). Liability claims expire if the guest does not notify the hotel immediately after learning of the loss, destruction or damage.
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 guest complains immediately. The guest is obliged to do what is reasonable for him to remedy the disruption and to minimize possible damage.
Messages, post and consignments for the guest are treated with care. The hotel takes care of the delivery, storage and – on request – the forwarding of the same for a fee. Claims for damages, except due to gross negligence or intent, are excluded.
Animals cannot be accommodated in the hotel. The accommodation of an animal by the guest entitles the hotel to terminate the contract. In this case, the hotel is also entitled to the agreed remuneration.
The guest is recommended to take out travel cancellation insurance to cover the financial risks of canceling the service.
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 guest are ineffective. Fulfillment and place of payment is Wolfach. The exclusive place of jurisdiction for commercial transactions is Wolfach. If a contractual partner meets the requirements of § 38 Para. 1 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Wolfach. German law applies. 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.