Landhotel “Zur Schwane”
Hechinger Straße 8
Contact person: Silvia Bien
Tax ID number: DE 98 431 657 085
TERMS and CONDITIONS
Area of Application
- These terms and conditions apply to contracts for the rental use of hotel rooms, and any service provided to the customers for other services provided by the hotel.
- The subletting or letting of rooms and their use for purposes other than accommodation require the prior written consent of the hotel, with §540 para. 1 sentence 2 BGB is dismissed, if the customer is not a consumer.
- The customer's terms and conditions apply only if so agreed in writing.
Contract; parties; limitation
- The contract is concluded by the acceptance of the request by the customer to the hotel. The hotel is at liberty to confirm the room reservation in writing.
- Contractual partners are the hotel and the customer. If a third party placed the order for the actual customer, he/she is liable to the hotel together with the customer as joint debtor for all obligations from the hotel accommodation contract, if the hotel has a corresponding statement by the third party.
- All claims against the hotel shall lapse one year from the beginning of the general statute of limitations dependent upon knowledge of § 199 para. 1 BGB. Damage claims shall be independent of knowledge in five years. The limitation periods do not apply to claims which are based on an intentional or grossly negligent breach of obligation.
Services, prices, payment, invoicing
- The hotel is obligated to keep the booked rooms for the customer and to provide the agreed services.
- The customer agrees to pay the applicable fees agreed for the rooms provided and used by him as well as other services he uses. This also applies if the customer arranges services and expenses of the hotel to third parties.
- The agreed prices include the respective statutory value-added tax. If the period between conclusion and fulfillment of the contract exeeds four months, the general charge by the hotel for such services increases, this can increase the contractually agreed price appropriately by a maximum increase of 5%.
- The rates may be adjusted by the hotel if the customer subsequently wishes to change the number of rooms booked, the hotel's services or the duration of the guests and the hotel agrees.
- Hotel bills without a due date within 10 days of receipt of the invoice without deduction. The hotel is entitled to call in accrued at any time and to demand immediate payment. In case of default the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, with legal transactions with a consumer in the amount of 5% above the base rate. The hotel reserves the right to prove higher damages.
- The hotel is entitled to demand when the contract or thereafter, observing the legal provisions for package tours, a reasonable advance payment or security. The amount of the advance payment and payment dates may be agreed in the contract.
- The customer can only offset or reduce an undisputed or legally binding claim against a claim by the hotel.
Repudiation by Customer (Cancellation Cancellation) / Failure to Use Hotel Services
- Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If not this, then the price agreed in the contract must also be paid if the customer does not contractual services. This does not apply to violations of hotels obligations to take into account the rights, objects of legal protection and interests of the customer, if this holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
- Insofar as the hotel and the customer a date for a cost-free cancellation of the contract was agreed upon, the customer may rescind the contract, without incurring payment or damage compensation claims by the hotel. The resignation of the customer expires if he does not exercise his cancellation right in writing to the hotel provided by the agreed date is not a case of his resignation pursuant to Nr. 1 Sentence 3 above.
- When not used by the customer to claim rooms, the hotel must credit the income from renting the rooms, and saved expenses.
- The hotel is at liberty to demand the contractually agreed compensation and to generalize the deduction for saved expenses. The customer is then obligated to pay 90% of the contractually agreed rate for lodging with or without breakfast. The customer is free to prove that the claim mentioned above was not created or not created in the amount demanded.
Withdrawal by the hotel
- If a free right of withdrawal of the customer agreed in writing within a specified period, the hotel is entitled for its part in this period, to withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not, upon inquiry the hotel his right to withdraw waived.
- The hotel is an agreed or demanded pursuant to Item III, Nr. 6 supra demanded not done after the lapse of a set by the hotel reasonable extension, so is also entitled to rescind the contract.
- Furthermore, the hotel is entitled to withdraw extraordinary justifiable reasons from the contract if, for example
- Force majeure or other circumstances not represented from the hotel which make the performance of the contract impossible;
- Rooms under misleading or false information regarding material facts, such as are recorded in the identity of the customer or the purpose;
- The hotel has justified cause to believe that use of the hotel services may jeopardize the smooth operation, security or reputation of the hotel in public, without being attributable to the management or organization of the hotel;
- a breach above I. Nr. 2 supra.
- From justified cancellation by the hotel not entitle the customer for damages.
Room Availability, Handover and Return
- The customer has no right to be provided specific rooms.
- Reserved rooms are available to the customer from 13:00 on the agreed arrival day available. An earlier provision is only possible with possibility and with consultation and confirmation of the hotel. On the other hand the customer has no right to earlier availability.
- On the agreed departure rooms are to provide the hotel evacuated at 11:00 latest. Here, too, there is a possibility the room by appointment and confirmation to be vacated by 13:00. After that the hotel is due to the delayed vacating of the room for the contractual-border use until 18:00 entitled to prove that provide 50% of the full list price will be charged, at 18:00 100%. Contractual claims of the customer are not justified hereby. The customer is at liberty to prove that the hotel incurred no or much lesser claim to use damages.
- Non-smoking inside the Hotel
- Landhotel Zur Schwane is a non-smoking hotel. Smoking in both the hotel’s public areas (inside) as well as guest rooms is therefore prohibited. The hotel shall be entitled to demand that guests reimburse any associated special cleaning costs, as well as loss of earnings arising from an inability to re-let a room, in the event of non-compliance. The hotel hereby expressly reserves the right to deduct these costs to the amount of at least € 50.00 from a guest. The amount payable for the damages can be set higher or lower if the hotel can prove a higher or the customer a lower damage.
- Pets are subject to the approval of the Hotel. Any guests wanting to bring a pet must announce their intention in advance. If the Hotel accepts the pet, it does so on the provision that it is kept under the continuous supervision of the guest, that it is free from disease and that it does not pose any other risks to other guests or the hotel staff. A fee of € 8.00 is payable per pet per night. However, this does not apply to guide dogs for the blind, the deaf or persons with other disabilities. Such persons are permitted to bring their dogs free of charge and at any time.
Liability of the hotel
- The hotel is liable with the diligence of a prudent businessman for its obligations under the Treaty. Customer claims for compensation are excluded. except Of this are damage from injury to life, the body or health, if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of obligation and damage resulting from an intentional or negligent breach based of typical contractual obligations of the hotels. A breach of obligation by a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel, the hotel with the knowledge or on immediate complaint of the customer made to remedy the situation. The customer is obliged to do everything reasonable to contribute to remedying the disruption and to keep any possible damage.
- For property brought into the Hotel is liable to the customer in accordance with the legal provisions that can be stored in the hotel up to one hundred times the room rate, not to exceed € 3,500 for cash, securities and valuables up to € 800 cash, securities and valuables. The hotel recommends to make use of this possibility. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB). For a more extensive liability of the hotel are above 1, sentences 2 to 4 accordingly.
- As soon as the customer a parking space in the hotel garage or a hotel parking lot, even if a fee is provided, this does not constitute a safekeeping agreement. For loss of or damage to the hotel property parked or motor vehicles and their contents, the hotel is not liable, except for willful misconduct or gross negligence. No. 1, sentences 2 to 4 apply accordingly.
- Wake-up calls are carried out with the utmost care.
- Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and - upon request and against payment forwarding of the same. No. 1, sentences 2 to 4 apply accordingly.
- Changes or additions to the contract, the acceptance of these Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
- Performance and payment is the seat of the hotel.
- The exclusive jurisdiction - also for check and exchange disputes - for commercial transactions is the seat of the hotel. Insofar as a contracting party fulfills the requirements of § 38 para. 2 ZPO and has no general jurisdiction in Germany, the courts at the seat of the hotel.
- German law applies. The application of the CISG and the conflict of laws is excluded.
- Should any of these General Terms and Conditions for Hotel Accommodation be or become, so we not affect the validity of the remaining provisions invalid or void. In addition, the statutory provisions apply