general terms and conditions
of the Hotel Forellenhof
with pleasure we are informing you about our general terms and conditions.
I. Scope of application
These terms and conditions apply to contracts regarding the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel towards the customer.
2. The sub-order to sublet the rooms provided as well as their use for other than accommodation purposes require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 Civil Code (BGB) is waived insofar as the customer is not a consumer.
3. The customer’s terms and conditions shall only apply, if this has been expressly agreed in written form in advance.
II. Conclusion of contract, partner; limitation period
1. The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in written form.
2. Contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, he is liable to the hotel together with the customer as co-debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.
3. All claims against the hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 Civil Code (BGB). Claims for damages become invalid after five years, regardless of knowledge. The reductions in the limitation period do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, prices, payment, offsetting
1. The hotel is obliged to keep the rooms, booked by the customer ready and provide the agreed services.
2. The customer is obligated to pay the applicable or agreed prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. Option dates are legally binding for both contracting parties. The hotel retains the right to rent the reserved rooms and function rooms to other parties after the option dates have expired.
4. The agreed prices include the respective statutory value added tax (VAT). If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 5%.
5. Furthermore, the prices may be changed by the hotel if the customer subsequently requests changes in the number of booked rooms, the hotel’s service or the guests’ duration of stay and the hotel agrees.
6.Invoices of the hotel without due date are payable within 14 days from receipt of the invoice without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default in payment, the Hotel shall be entitled to charge the statutory default interest currently applicable at the rate of 8% or, in the case of legal transactions involving a consumer, at the rate of 5% above the base interest rate. The hotel retains the right to prove higher damages.
7. The hotel is entitled to cash payment for all services and accordingly has a legal lien on the guest’s belongings. Instead of cash payment, the invoice settlement can also be made by EC card, alternatively by American Express or Mastercard or Visacard credit cards. Credit cards are accepted up to 5.000,00 Euro.
8. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
9. The customer can only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. Withdrawal of the customer (i. e. cancellation) / non-utilization of the hotel’s services
1. Withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not occur, the agreed price from the contract must be paid even if the customer does not use contractual services. This does not apply in the event of a breach of the hotel’s obligation to consider the rights, legal assets and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
2. If the hotel and the customer have agreed in writing on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering any claims for payment or damages on the part of the hotel. The customer’s right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract in writing to the hotel by the agreed date, unless a case of withdrawal of the customer according to number 1 sentence 3 exists.
3. In the case of rooms not used by the customer, the hotel shall credit the income from renting the rooms to other parties as well as the saved expenses.
4. In case of change/or cancellation of reserved hotel rooms, function rooms, arrangements will be charged:
- Up to 10 weeks before arrival: No costs
- Until 8 weeks before arrival: A maximum of 25% of the reserved rooms can be cancelled free of charge. For cancellations beyond this 30% of the expected total price will be due.
- From 6 weeks before arrival: 70% of the expected total price will be due
- From 4 weeks before arrival: 80% of the expected total price will be due.
5. The hotel will make every effort to reassign unused rooms, function rooms and arrangements to other parties, if possible, in order to avoid cancellations.
6. Until the contractually agreed rooms, functional rooms and arrangements are otherwise allocated, the service recipient must pay the amount for the duration of the contract and taking into account the aforementioned cost regulation.
7. In order to ensure a smooth process for group bookings (20 persons or more), the service recipient is obliged to provide the hotel with the list of participants 4 days before the group’s arrival.
8. The customer is free to prove that the above claim did not arise or did not arise in the amount claimed.
V. Hotel resignation
1. If the customer’s right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the hotel is entitled for its part to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
2. If an agreed advance payment or an advance payment demanded above in accordance with Clause III No. 6 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.
3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose; the hotel has reasonable cause to believe that the use of the hotel service may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the control or organizational sphere of the hotel; there is a violation of clause I No. 2 above.
4. In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.
VI. Room provision, handover and return
1. The customer does not acquire the right to the provision of certain rooms.
2. Booked rooms are available to the customer from 15:00 on the day of arrival. Unless an arrival time has been expressly agreed, the hotel reserves the right to assign ordered hotel rooms to other parties after 6:00 pm. The customer has no right to earlier provision.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest. Thereafter, the hotel may, due to the late vacating of the room for its use in violation of the contract.
- until 18:00 o’clock charge 50% of the full lodging price (list price),
- from 18.00 o’clock 100%.
Contractual claims of the customer are not justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
The charging of bicycle batteries in the hotel rooms is NOT permitted!
4. If agreed rooms or functional rooms are not available, for whatever reason, the hotel is obliged to provide an equivalent substitute, also outside the hotel, as far as this is reasonable.
VII. Hotel liability
1. The hotel is liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages from injury to life, body 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 of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.
2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 Civil Code BGB).
3. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall not be liable, except in cases of intent or gross negligence.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and merchandise shipments for the guests are handled with care. The hotel will take care of delivery, safekeeping and, if requested, forwarding of the same for a fee.
VIII. Final provisions
1. Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the registered office of the hotel.
3. German law applies.
4. 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.
5. The place of jurisdiction is Walsrode, as the local court responsible for the company.
IX. For seminars, meetings, congresses, banquets, balls, exhibitions, lectures, etc., the following must also be observed
1. A change in the number of participants for a joint meal must have been communicated in writing at least 3 days before the start of the event, otherwise at least the number of place settings ordered will be invoiced.
2. The organizer/orderer is liable for the payment of any additional food and beverages ordered by the event participants.
3. Bringing food and beverages requires prior approval from the hotel and may result in the payment of a corkage fee.
4. No liability will be accepted for loss or damage to items or exhibits brought in.
5. Attachment of decorative material or other objects is not permitted without the consent of the hotel. The organizer/orderer is liable without proof of fault for damage to the hotel’s furnishings or inventory caused during set-up or dismantling or during the event.
6. Faults in technical or other equipment provided will be rectified immediately, if possible. However, payments may not be withheld or reduced.