General Terms and Conditions
Scope of application
- These General Terms and Conditions apply for Agreements pertaining to the renting of hotel rooms for accommodation as well as all further services and deliveries of the Hotel for the Customer (Hotel Accommodation Agreement).
- Subletting or re-letting of the rented rooms as well as their usage for purposes other than accommodation requires the prior written consent of the Hotel.
- General terms and conditions of the Customer only apply if this was agreed upon in writing and in advance.
Formation of the Agreement, statute of limitation
- The Agreement is formed upon the Hotel accepting the Customers application. The Hotel has the option of confirming the booking in writing.
- All claims against the Hotel principally become statute barred one year after the commencement of the general statute of limitations of § 199, (1) BGB (German Civil Code), subject to the Hotel having obtained knowledge thereof. Compensation claims become statute-barred within five years, regardless of whether the Hotel has obtained knowledge thereof. Reductions of the statute of limitations do not apply for claims based on intentional or gross negligent breach of duty by the Hotel.
Services, prices, payment, off-setting
- The Hotel is obligated to have the rooms booked by the Customer on stand-by and provide the services agreed upon.
- The Customer is obligated to pay the agreed/applicable prices of the Hotel for the provision of the room and the utilised services with EC (debit card), credit card (Master or Visa) or in cash upon departure. This also applies for services and expenditures of the Hotel to third parties which were initiated by the Customer. The Hotel accepts cost assumptions; however these have to be documented in advance in form of the completed cost assumption form.
- The agreed prices include applicable statutory VAT. Prices are adapted accordingly in the event of changes to statutory VAT or the new introduction, change or abolition of local levies on the object of service after the formation of the agreement.
- The Hotel may further alter prices if the Customer requests and the Hotel accepts subsequent changes to the number of booked rooms, the service of the Hotel or the length of stay of the guests.
- Invoices of the Hotel are due and payable without deduction within 7 days of the invoice date. The Hotel is entitled to demand immediate settlement of expired claims at any time. In the event of default of payment, the Hotel is entitled to demand respectively applicable statutory default interest. The Hotel has the right to prove greater damages.
- The Hotel is entitled to demand appropriate prepayment or securities upon or subsequent to the formation of the agreement under consideration of the statutory regulations for group bookings. The amount of the advance payment and the payment deadlines can be agreed upon in writing in the agreement.
Cancellation of individual bookings
- A cancellation up to 48 hours prior to arrival is possible for individual bookings without triggering payment or compensation claims by the Hotel, unless specified otherwise in the agreement, e.g. non-cancellable rate etc.
- In the event of a cancellation after this deadline, the Hotel is entitled to the contractually agreed remuneration.
Accordingly, the Customer is obligated to the following payments:
- Up to 48 hours prior to arrival: 80%
- In case of non-appearance: 100%
- If the Customer places the booking via a third party (e.g. hotel portals such as booking.com, AirBnB etc.), he is obligated to process changes and cancellation directly via the third party.
Cancellation of group bookings
- Special conditions apply for group bookings of 4 or more rooms:
- The entire number of rooms may be cancelled free of charge up to 4 weeks prior to arrival.
- 50% of the rooms may be cancelled up to 2 weeks prior to arrival. The remaining 50% of the cancelled rooms attract a cancellation fee of 80%.
- A cancellation fee of 80% is charged for all rooms from group bookings which were cancelled less than 1 week prior to arrival.
As a general rule, the Hotel has to be informed of cancellations is writing.
- Up to 48 hours prior to check-out, premature departure is possible free of charge. The Hotel has to be informed in writing of the premature departure. The subsequent announcement of the premature departure is charged with 80% of the accommodation costs.
Provision, handover and return of rooms
- The Customer is not entitled to the provision of specific rooms.
- Booked rooms are available to the Customer at 15:00 h on the agreed day of arrival. The Customer is not entitled to an earlier provision.
- The rooms have to be vacated and made available to the Hotel at 11:00 h on the agreed day of departure at the latest. Subsequently, the Hotel is entitled to charge 50% of the full accommodation price (list price) for usage exceeding the agreed time until 15:00 h due to the belated vacation of the room; 100% onwards of 15:00 h. This does not constitute contractual entitlements of the Customer.
- Pets are not permitted.
- Smoking is prohibited throughout the entire Hotel. If a person should smoke in the hotel room, the Hotel reserves the right to charge compensation of €100.00.
- The loss of a key has to be reported to the Hotel immediately upon discovery and will be charged to the Customer at a flat rate of €100.00. The refund of the compensation is excluded also in the event of the key being found thereafter.
Withdrawal by the Hotel
1. If the Customer’s free-of-charge right of withdrawal within a specified period was stipulated in writing, the Hotel is in turn entitled to withdraw from the agreement during the same period if requests by other customers exist for the contractually booked rooms and if the Customer does not waive his right of withdrawal at the Hotel’s enquiry.
2. If an agreed prepayment or a prepayment requested according to clause III no. 6 and 7 above has not been paid also after the expiration of an appropriate grace period stipulated by the Hotel, the Hotel is also entitled to withdraw from the agreement.
3. The Hotel is furthermore entitled to the extraordinary withdrawal from the agreement for an objectively justified reason, e.g. in the event of
- force majeure or other circumstances not owed to the Hotel rendering the fulfilment of the agreement impossible;
- hotel rooms being booked under misleading or incorrect statements of essential facts, e.g. in the person of the Customer or the purpose;
- the Hotel having justified cause to assume that the availment of the Hotel service or the event could jeopardise the smooth business operation, the security or the public reputation of the Hotel without being attributable to the Hotel’s power of control or organisation;
- a violation of clause I no. 2 above.
4. The Customer is not entitled to compensation in the event of a justified withdrawal by the Hotel.
Liability of the Hotel
- The Hotel is liable for its contractual obligations with the care of a prudent merchant. Compensation claims of the Customer are excluded. This exclusion does not pertain to damages of life, limb or health if the Hotel is responsible for the breach of duty and other damages based on an intentional or gross negligent violation of Hotel obligations typical to the agreement. In the event of faults or defects pertaining to the Hotel’s services, the Hotel shall undertake remedial measures upon obtaining knowledge of the defect or the Customer’s immediate notice. The Customer is obligated to reasonably contribute to the remedial measures and to keep possible damage to a minimum.
- The Hotel is liable toward the Customer for introduced damage in accordance with statutory provisions. Money and valuable items cannot be stored in the Hotel safe. Liability claims expire if the Customer does not notify the Hotel of the loss, destruction or damage without undue delay upon obtaining knowledge of the incident (§703 BGB (German Civil Code)). Number 1 sentences 2 to 4 above apply accordingly for any further liability of the Hotel.
- Changes or amendments to the Agreement, the acceptance of the application or these General terms and conditions for hotel accommodation are to be in writing. Unilateral changes or amendments by the customer are invalid.
- Place of fulfilment and payment is the Hotel’s registered office.
- The laws of the Federal Republic of Germany apply exclusively for the entire legal and contractual relationship between the Customer and the Hotel. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Conflict of Laws provisions is excluded. The registered office of the Hotel is deemed agreed upon as place of jurisdiction for complaints against the Customer and/or contractual partner of the travel agreement, the merchants, legal person under public or private law with residence or usual place of abode abroad or whose residence or usual place of abode is not known at the time of commencement of the action.
- The Customer’s place of residence is decisive for complaints of the Hotel against the Customer. The registered office of the Hotel is deemed agreed upon as place of jurisdiction for complaints against the Customer and/or contractual partner of the travel agreement, the merchants, legal person under public or private law with residence or usual place of abode abroad or whose residence or usual place of abode is not known at the time of commencement of the action.
- The regulations above do not apply if and in as far mandatorily specified otherwise in favour of the Customer in international treaties or EU regulations.
- If individual regulations of these General Terms and Conditions for Hotel accommodation are ineffective, the overall effectiveness of the remaining conditions is not affected. For the remainder, the statutory regulations apply.
Aschaffenburg, January 2018
Konventchen Bed & Breakfast, Stiftsgasse 13, 63743 Aschaffenburg