GTC

Company details

Elbsee Restaurant GmbH & Co. Betriebs KG
Allgäu Hotel Elbsee
Am Elbsee 3
87648 Aitrang
Germany

Phone: +49 (0)8343 248
E-mail: info@allgeu-hotel-elbsee.com

Represented by:
Hubert Martin

Sales tax ID:
DE 251 386 268

Responsible for the content:
Hubert Martin
Am Elbsee 3
87648 Aitrang
Germany

I. Scope of application

  1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided by the hotel for the customer.
  2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 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 writing in advance.

II Conclusion of contract, contract partners; limitation period

  1. The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is at liberty to confirm the room booking in writing.
  2. The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received 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 BGB. Claims for damages shall become statute-barred after five years irrespective of knowledge. The shortening of the limitation period shall 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 available and to provide the agreed services.
  2. The customer is obliged to pay the applicable or agreed prices of the hotel for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
  3. The agreed prices include the respective statutory value added tax. 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 raise the contractually agreed price appropriately, but by no more than 5%.
  4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the length of the guests’ stay and the hotel agrees to this.
  5. Hotel invoices are payable on the day of departure without deduction. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.
  6. The hotel is entitled to demand a reasonable advance payment in the form of a credit card guarantee or security deposit upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
  7. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

IV. Withdrawal by the customer (i.e. cancellation) / non-utilization of the hotel’s services

  1. Withdrawal by the customer from the contract concluded with the hotel requires the hotel’s written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of withdrawal.
  2. In the high season, bookings can be canceled free of charge and without giving reasons 15 days before arrival. In the mid-season up to 6 days before arrival free of charge and without giving reasons. In the low season up to 4 days prior to arrival free of charge and without giving reasons. After this period, costs amounting to 80% of the booked value will be charged. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal by the customer pursuant to No. 1 sentence 3 exists.
  3. If rooms are not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved.
  4. The hotel is free to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price.

V. Cancellation by the hotel

  1. If the customer’s right to cancel the contract free of charge within a certain period has been agreed in writing, the hotel is entitled to cancel the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to cancel upon enquiry by the hotel.
  2. If an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 above 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 extraordinary withdrawal from the contract for objectively 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 with misleading or false information regarding material facts, e.g. the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization. – there is a breach 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 any entitlement to the provision of specific rooms.
  2. Booked rooms are available to the customer from 2 p.m. on the agreed day of arrival. The customer is not entitled to earlier provision.
  3. 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. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room for its use in excess of the contract until 12.00 noon, and 100% after 12.00 noon. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to compensation for use.

VII Liability of the hotel

  1. The hotel shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting 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 by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects occur 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 obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
  2. The hotel is liable to the customer for items brought into the hotel in accordance with 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 items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
  3. If the customer is provided with a parking space in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. Number 1 sentences 2 to 4 above shall apply accordingly.
  4. Wake-up calls are not carried out by the hotel. Messages, post and consignments for guests are handled with care. The hotel will store them and – on request – forward them for a fee. The above number 1 sentences 2 to 4 apply accordingly

VIII Final provisions

  1. Amendments 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 hotel’s registered office.
  3. The exclusive place of jurisdiction – also for disputes relating to checks and bills of exchange – is the hotel’s registered office in commercial transactions. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
  4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
  5. 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 apply