GTC - General Terms and Conditions for the Hotel Accommodation Contract

1. SCOPE

1.1. These terms and conditions apply to contracts concluded by PEH Parkhotel Egerner Höfe Betriebs GmbH (Parkhotel Egerner Höfe) for the rental of hotel rooms for accommodation purposes, as well as to all other services and supplies provided by the hotel for the customer in this connection (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract and hotel room contract.

1.2. These terms and conditions shall apply exclusively. The hotel does not recognize any conflicting, deviating or supplementary terms and conditions of the customer unless the hotel has expressly agreed to their validity in text form. These terms and conditions shall also apply if the hotel performs its services without reservation in the knowledge of the customer's terms and conditions.

2. CONCLUSION OF CONTRACT, CONTRACTING PARTIES

2.1. The contract comes into effect upon the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in text form.

2.2. The contracting parties are the hotel and the customer. If a third party has placed the order for the customer, that third party shall be jointly and severally liable to the hotel together with the customer for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.

2.3. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, requires the hotel’s prior consent in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.

3. SERVICES, PRICES, PAYMENTS, OFFSETTING

3.1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

3.2. The customer is obliged to pay the hotel’s applicable or agreed prices for the room rental and for any additional services used by the customer. This also applies to services commissioned directly by the customer or via the hotel and provided by third parties, where the hotel has advanced the costs.

3.3. The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local charges owed by the guest personally under the relevant municipal law, such as visitor’s tax. If the statutory VAT changes or if local charges relating to the subject matter of the service are newly introduced, changed or abolished after the contract has been concluded, the prices shall be adjusted accordingly. In contracts with consumers, this applies only if the period between conclusion of the contract and fulfillment of the contract exceeds four months.

3.4. The hotel may make its consent to any subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the customer’s length of stay conditional upon an increase in the price for the rooms and/or for the hotel’s other services.

3.5. Unless expressly agreed otherwise, the hotel’s invoices are due for payment in full immediately upon receipt, 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 is entitled to charge default interest of 10% above the base interest rate for companies and 5% above the base interest rate for consumers. The hotel reserves the right to prove higher damages.

3.6. Upon conclusion of the contract, the hotel requires security in the form of a credit card guarantee or an advance payment corresponding to the booked services. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the case of advance payments or security for package tours, the statutory provisions remain unaffected. In the event of default in payment by the customer, the statutory provisions shall apply.

3.7. In justified cases, for example if the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security within the meaning of section 3.6 above, or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.

3.8. Furthermore, at the start of and during the stay, the hotel is entitled to demand from the customer a reasonable advance payment or security within the meaning of section 3.6 above for existing and future claims arising from the contract, insofar as such payment or security has not already been provided pursuant to section 3.6 and/or section 3.7 above.

3.9. The customer may only offset or reduce a claim of the hotel against an undisputed or legally binding claim.

4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-USE OF THE HOTEL’S SERVICES (NO SHOW)

4.1. Any withdrawal by the customer from the accommodation contract requires the hotel’s prior written consent. Without the hotel’s consent, the agreed contractual price must be paid even if the customer does not make use of contractual services. This does not apply in cases of default in performance by the hotel or impossibility of performance for which the hotel is responsible. In the event of early departure, an 80% cancellation fee will be charged. This must be settled at check-out.

4.2. If a deadline for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that deadline without triggering any payment or compensation claims by the hotel. The customer’s right of withdrawal expires if they do not exercise their right of withdrawal vis-à-vis the hotel by the agreed deadline.

4.3. The hotel must credit income from renting the rooms to other parties as well as expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, as well as for package arrangements with third-party services. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

4.4. Individual special services (e.g. cakes, flowers, etc.) that become unusable as a result of the cancellation must be paid in full by the customer.

5. WITHDRAWAL BY THE HOTEL

5.1. If the customer has been granted a right to withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during that period if there are inquiries from other customers for the contractually booked rooms.

5.2. If an agreed advance payment or an advance payment requested on the basis of these General Terms and Conditions is not made on time, the hotel is also entitled to withdraw from the contract. In addition, the hotel may assert claims for damages against the customer.

5.3. The hotel is entitled to withdraw from the contract with immediate effect if, for example:

force majeure and other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;rooms and spaces are booked culpably under misleading or false statements of material contractual facts, e.g. the identity of the customer or the purpose of their stay;the hotel has justified cause to assume that the use of its services may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;the purpose or reason for the stay is unlawful;there is a breach of II.2 of these General Terms and Conditions;the hotel is closed;the customer has submitted a statement of assets;insolvency or composition proceedings are opened over the customer’s assets.

6. ROOM PROVISION, ROOM HANDOVER AND ROOM RETURN

6.1. The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in text form.

6.2. Booked rooms are available to the customer from 3:00 pm on the day of arrival. The customer is not entitled to earlier availability. Guests arriving before 3:00 pm may occupy their rooms as early as possible, subject to availability.

6.3. On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 12:00 noon. Thereafter, due to the delayed vacating of the room, the hotel may charge 50% of the full lodging price for use of the room beyond the contractual period until 6:00 pm, and 100% from 6:00 pm onwards. This does not give rise to any contractual claims on the part of the customer. The customer is free to prove that no claim for compensation for use arose in favor of the hotel, or that such claim is substantially lower.

7. LIABILITY OF THE HOTEL

7.1. The hotel is liable for damages for which it is responsible arising from injury to life, body or health. It is also liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by a legal representative or vicarious agent of the hotel is equivalent to a breach of duty by the hotel. Any further claims for damages are excluded unless otherwise provided in this section 7. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy them upon becoming aware of them or upon the customer’s immediate complaint. The customer is obliged to contribute what can reasonably be expected of them in order to remedy the disruption and minimize any possible damage.

7.2. The hotel is liable for items brought into the hotel in accordance with the statutory provisions. Money, securities and valuables may be stored in the hotel safe or room safe. The hotel recommends making use of this option.

7.3. If the customer is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not give rise to a safekeeping contract or a surveillance contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with section 7.1 sentences 1 to 4 above.

7.4. Wake-up calls are carried out by the hotel with the utmost care. Section 7.1 of these General Terms and Conditions shall apply accordingly to the exclusion of the customer’s claims for damages. Messages and mail or goods consignments for guests are handled with care. The hotel assumes delivery, storage and—upon request and for a fee—forwarding of the same.

7.5. All claims against the hotel shall generally become time-barred one year from the commencement of the regular limitation period dependent on knowledge pursuant to Section 199 (1) BGB. Claims for damages become time-barred, irrespective of knowledge, five years from the damaging event. These reductions in limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel or its vicarious agents, or on injury to life, body or health.

8. DATA PROTECTION

The provider, PEH Parkhotel Egerner Höfe Betriebs GmbH, is entitled to process all data relating to the business relationship with the customer in compliance with the German Federal Data Protection Act and the General Data Protection Regulation.

9. FINAL PROVISIONS

9.1. Amendments or supplements to these General Terms and Conditions for accommodation must be made in writing. This also applies to the waiver of the written form requirement. Unilateral amendments or supplements by the customer are invalid.

9.2. The place of performance and payment is the registered office of the hotel.

9.3. The exclusive place of jurisdiction—in commercial transactions also for disputes concerning checks and bills of exchange—is the registered office of the hotel. If a contracting party fulfills the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany or within the scope of Regulation (EC) No. 44/2001, the place of jurisdiction shall be the registered office of the hotel. In all cases, the hotel reserves the right to sue the customer at the customer’s general place of jurisdiction as well.

9.4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules is excluded.

9.5. 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 shall apply.

Rottach-Egern, February 2023