General Terms and Conditions for the Hotel Accommodation Agreement GTC
1.1. These Terms and Conditions shall apply to agreements of PEH Parkhotel Egerner Höfe Betriebs GmbH (Parkhotel Egerner Höfe) for the rental use of hotel rooms for accommodation as well as any other supplies and services provided to the customer by the hotel (Hotel Accommodation Agreement). The term „Hotel Accommodation Agreement“ shall include and replace the following terms: Accommodation, guest accommodation, hotel and hotel room agreement.
1.2. These Terms and Conditions shall apply exclusively. The hotel does not accept any contrary, deviating, or supplementary terms and conditions of the customer unless the hotel has explicitly agreed to their validity in text form. These Terms and Conditions shall also apply, even in the awareness of customers‘ terms and conditions, if the hotel unreservedly performs services to the customer.
2. CONCLUSION OF CONTRACT, CONTRACTUAL PARTNER
2.1. The Agreement shall be concluded by the hotel accepting of the customer’s offer. The hotel shall be free to confirm the room reservation in text form.
2.2. The contractual partners shall be the hotel and the customer. Where a third party has booked for the customer, then such third party shall be jointly and severally liable together with the customer for any and all obligations under the Hotel Accommodation Agreement towards the hotel to the extent that the hotel has obtained a corresponding statement of the third party.
2.3. Sub-letting or re-letting of the rooms and their use for purposes other than accommodation require the prior approval of the hotel in text from, while Section 540, subsection 1, sentence 2 of the German Civil Code (BGB – Bürgerliches Gesetzbuch) is waived, unless the customer is an end consumer.
3. SERVICES, RATES, PAYMENTS, SET-OFF
3.1. The hotel is obliged to make available the rooms reserved by the customer and to perform the agreed services.
3.2. The customer is obliged to pay the applicable or agreed rates for the provision of the room and the other services rendered to them by the hotel. This shall also apply to services commissioned directly or via the hotel that are rendered by third parties and outlaid by the hotel.
3.3. The agreed rates shall include the taxes and local taxes applicable at the time of the conclusion of the Agreement. Local taxes that the guest themself owes pursuant to the relevant community law, such as tourism tax, are not included. If statutory sales tax is changed or local taxes on the service are introduced, changed, or abolished after the conclusion of the Agreement, then the rates shall be adjusted accordingly. For B2C agreements, this shall only apply where the period between the conclusion of the Agreement and the performance of the Agreement exceeds four months.
3.4. The hotel may make its consent to a customer’s request for subsequent reduction of the number of booked rooms, the hotel‘s services or the duration of stay of the customer subject to the rise of the rate of the rooms and/or other services of the hotel.
3.5 The hotel’s invoices shall be due – unless other payment terms are explicitly agreed – immediately without any deduction upon receipt of the invoice. The hotel is entitled to declare outstanding receivables payable at any time and to demand payment without any undue delay. In case of default of payment, the hotel is entitled to charge default interest amounting to 10% above the base rate for companies and to 5% above the base rate for consumers. The hotel reserves the right to prove higher damages.
3.6. Upon conclusion of the Agreement, the hotel requires a provision of security, such as a credit card guarantee or an appropriate advance payment that corresponds to the booked services. The amount of the advance payment and the payment dates can be agreed in text form in the Agreement. In the event of advance payments or provisions of security for package tours, the statutory provisions shall remain unaffected. In case of default of payment by the customer, the legal provisions shall apply.
3.7. In justified cases, such as where the customer is in arrears of payment or the scope of the agreement is extended, the hotel is entitled to request a deposit or a provision of security in the terms of subsection 3.6 above or a rise of the deposit or provision of security amounting up to the full agreed remuneration even after conclusion of the Agreement until the start of the stay.
3.8. Further, the hotel is entitled to request an appropriate advance payment or a provision of security as defined in section 3.6 for existing and future receivables arising from the Agreement from the customer at the beginning and during the stay, unless such has already been made according to section 3.6 and/or section 3.7 above.
3.9. The customer may only set off or reduce claims of the hotel against undisputed or finally established counterclaims.
4. RESCISSION OF THE CUSTOMER (COUNTERMANDING, CANCELLATION) / NON-UTILISATION OF THE HOTEL SERVICES (NO SHOW)
4.1. The customer’s rescission from the Agreement concluded with the hotel shall only be possible where a right of rescission is explicitly agreed in the Agreement, there is any other right of rescission provided by law or the hotel explicitly gives its consent to the avoidance of the Agreement. The agreement on a right of rescission and the agreement on avoidance of the agreement need to be made in text form. Without a written consent given by the hotel, the price as agreed in the contract is to be paid by the customer also if the customer does not use any of the services offered. This however does not apply if the hotel fails to offer these services.
4.2. If the hotel and the customer have agreed on a date for rescission from the agreement free of charge, then the customer may rescind the Agreement until that date without creating claims for payment or damages by the hotel. The customer’s right of rescission expires if they do not execute their right of rescission vis-à-vis the hotel by the agreed date.
4.3. Should the hotel generate income from renting out the room/-s to a different customer, then the hotel is obliged to consider this as well as the possibly actual saved costs when invoicing the customer. If however the room/-s are not rented to a different party, than the hotel can subsequently invoice the customer for all services it would have provided. In this case, the customer is obliged to pay at least 90% of the contractually agreed rate including breakfast and for package arrangements with third party services if rooms are not utilized. The customer is free to prove that the claim mentioned above has not arisen at all or not in the amount demanded.
4.4 The customer shall pay in full for individual extra services (such as gateaux, flowers, etc.) the become useless as a result of the cancellation.
5. RESCISSION OF THE HOTEL
5.1. If a customer’s right of rescission within a set time limit free of charge was agreed, the hotel is also entitled to rescind the Agreement within this time limit, if there are inquiries from other customers regarding the contractually reserved rooms.
5.2. If an advance payment agreed or demanded based on these General Terms and Conditions is not effected in due time, then the hotel is entitled to rescind the Agreement as well. In addition, the hotel may assert claims for damages against the customer.
5.3. The hotel is entitled to rescind the Agreement without notice, if, for example:
- force majeure and other circumstances beyond the hotel‘s control render performance of the Agreement impossible;
- rooms are culpably booked by making misleading or incorrect statements about facts essential under the Agreement, such as the identity of the customer or the purpose;
- the hotel is justified in assuming that the use may imperil the hotel’s smooth operation or safety or public reputation without this being attributable to the domain or sphere of organization of the hotel;
- the purpose or the occasion of the stay is unlawful;
- section II.2 of these General Terms and Conditions has been infringed;
- the hotel is closed or closed down;
- The customer provided information on their financial circumstances under compulsory enforcement;
- If insolvency proceedings or composition proceedings have been instituted against the customer’s assets.
6. PROVISION OF ROOMS, HANDING OVER AND RETURNING ROOMS
6.1. The customer shall not acquire any claim to the provision of specified rooms unless this has been explicitly agreed in text form.
6.2. Reserved rooms shall be available to the customer from 3 p.m. on the arrival date. The customer shall not be entitled to an earlier provision of the rooms. Guests arriving before 3 p.m. may move into their rooms as early as possible depending on availability.
6.3. On the agreed departure date, the rooms shall be returned to the hotel in a cleared condition at 12:00 o’clock at the latest. Where the room is vacated late, the hotel may invoice 50% of the full accommodation rate until 6 p.m., and 100% after 6 p.m. for the use of the room beyond the scope of the Agreement. This shall not give rise to any claims of the customer under the Agreement. The customer is free to prove that no claims or a claim for a substantially lower amount of the fee has arisen for the hotel.
7. LIABILITY OF THE HOTEL
7.1. The hotel shall be liable for damage from injury to life, limb or health for which it is responsible. Furthermore, it shall be liable for any other damages based on an intentional or grossly negligent breach of duty on the part of the hotel or an intentional or grossly negligent infringement of the hotel’s obligations typical under the Agreement. An infringement of duty by a legal representative (gesetzlicher Vertreter) or person used to perform the hotel‘s obligations (Erfüllungsgehilfe) shall be equivalent to the infringement of duty by the hotel. Unless laid down otherwise in this section 7, further claims for damages shall be excluded. Should any defects in the services of the hotel be discovered or the services be interfered with, the hotel will strive to take corrective measures upon knowledge or immediate notice given by the customer. The customer is obliged to contribute what can be reasonably expected from them in order to have the interference rectified and to minimize any damage.
7.2. The hotel shall be liable for items brought into it, pursuant to the legal provisions. Money, securities, and valuables may be stored in the hotel safe or room safe. The hotel recommends making use of this opportunity.
7.3. If a parking space in the garage or on the car park of the hotel is made available to the customer – possibly against payment – this does not constitute a safekeeping agreement or a surveillance agreement. The hotel shall be liable for loss or damage to vehicles parked or manoeuvred on the hotel premises or such vehicles’ contents only pursuant to section 7.1, sentences 1 through 4 above.
7.4. The hotel shall carry out wake up service requests with the greatest care. To the exclusion of claims for damages of the customer, 7.1 of these General Terms and Conditions shall apply accordingly. Messages, mail or consigned goods for the guests shall be handled with care. The hotel shall assume delivery, storage and – upon request and against a remuneration – forwarding of the consignment.
7.5. All claims against the hotel shall, as a rule, become statute barred one year after the standard limitation period commencing at the time of obtaining knowledge as set down in Section 199 subsection 1 of the German Civil Code (BGB - Bürgerliches Gesetzbuch). Claims for damages shall become statute barred regardless of knowledge after five years, commencing at the time of the damaging event. The abridgment of the limitation period shall not apply to claims based on intentional or gross negligent breach of duty by the hotel or persons used to perform the hotel‘s obligations (Erfüllungsgehilfen) or injury to life, limb or health.
8. DATA PROTECTION
The provider, PEH Parkhotel Egerner Höfe Betriebs GmbH, shall be entitled to process any and all data concerning the business transaction with the orderer by complying with the German Federal Data Protection Act as well as the general German Data Protection regulation (Bundesdatenschutzgesetz & DSGVO).
9. FINAL PROVISIONS
9.1. Amendments or supplements to these General Terms and Conditions for accommodation must be made in writing. This shall also apply to a waiver of the requirement of written form. Unilateral amendments or supplements by the customer shall not be effective.
9.2. Place of performance and payment shall be the place of the hotel.
9.3. The court at the place of the hotel shall have sole jurisdiction for commercial transactions, including cheque and bills of exchange disputes. If a contractual partner fulfils the requirement of Section 38, subsection 1 of the German Code of Civil Procedure (ZPO - Zivilprozessordnung) and has no general place of jurisdiction in Germany or the scope of regulation (EC) no. 44/2001, the place of jurisdiction shall be the place of the hotel. In any case, the hotel reserves the right to sue the customer at the customer’s general place of jurisdiction.
9.4. German law shall apply. Application of the UN Convention on the International Sale of Goods and Conflict of Laws provisions is excluded.
9.5. In the event that individual provisions of these General Terms and Conditions for hotel accommodation are or become invalid or void, the validity of the remaining provisions shall not be affected. Furthermore, the statutory provisions shall apply.
Rottach-Egern, December 2022