GENERAL TERMS AND CONDITIONS

 

GENERAL TERMS AND CONDITIONS OF TRÖNDLE HOTEL GmbH & Co KG ON GUEST ACCOMMODATION CONTRACTS AT HOTEL AUERHAHN

 

Dear guest,

If you book accommodation or other services described in more detail below with us, these General Terms and Conditions become part of the contractual relationship between you and us, Tröndle Hotel GmbH & Co KG (hereinafter referred to as the "Hotel").

Please read these conditions carefully.

 

• 1 SCOPE OF APPLICATION

(1) These General Terms and Conditions (GTC) apply to all contracts between Tröndle Hotel GmbH & Co KG (hereinafter referred to as the "Hotel") and the customer for the provision of all services in connection with accommodation, guest accommodation, hotel and hotel room contracts, in particular the provision or rental of hotel rooms for accommodation (hereinafter uniformly referred to as the "Guest Accommodation Contract").

(2) The General Terms and Conditions of the hotel apply exclusively. Deviating, conflicting or supplementary GTC of the customer shall only become part of the contract if and insofar as the hotel has expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if the hotel performs the agreed services to the customer without reservation in the knowledge of the customer's GTC.

 

• 2 CONCLUSION OF CONTRACT, SERVICES OF THE HOTEL

(1) A contract between the hotel and the customer is only concluded when the hotel accepts the customer's application to conclude a guest accommodation contract. The acceptance of the application by the hotel can be made without any form; as a rule, the application is accepted in text form by means of a booking confirmation.

(2) Non-binding reservations of hotel rooms or other services are only possible within the framework of express agreements between the hotel and the customer in text or written form. In the event that the customer wishes to turn the non-binding reservation into a binding booking, the conclusion of a contract is required.

corresponding guest accommodation contract in accordance with the above provisions in § 2 para. 1 of these GTC, the hotel must accept the application again.

(3) The hotel is obliged to provide the hotel rooms booked by the customer in accordance with paragraph 1 and, if necessary, to provide further services, insofar as these have been agreed. Information in brochures, on the website as well as other service and property descriptions, in particular also on corresponding

Internet platforms or in local or hotel guides shall only become part of the contract insofar as their content has been expressly agreed between the hotel and the customer.

(4) The customer is only entitled to the provision of hotel rooms of the booked room category, but not to the provision of specific rooms, unless this has been expressly agreed.

(5) The subletting or re-letting of the rooms, areas or other exhibition facilities provided as well as the holding of job interviews, sales or similar events or public invitations to such events require the prior consent of the hotel in text form. § Section 540 para. 1 sentence 2 BGB shall apply.

waived insofar as the customer is not a consumer.

(6) The accommodation of animals of any kind is only permitted in the event of an express agreement in text or written form. In the event of such an agreement, the customer is obliged to provide truthful information about the type and size of the animal. If the hotel agrees to an animal being brought into the hotel, this is subject to the condition that the animal is under the constant supervision of the guest, is free from disease and does not pose any other danger to the hotel guests or the hotel staff. In this case, the hotel is entitled to demand suitable proof that the animal is free of disease.

 

• 3 PRICES, TERMS OF PAYMENT

(1) The customer is obliged to pay the agreed prices for the hotel's services, in particular for the booked hotel rooms, as well as in the case of third-party services which are commissioned by the customer directly or via the hotel and for which the hotel disburses the costs incurred. The same applies to charges for services for which consumption-based billing is stated in the booking confirmation or agreed separately (e.g. use of the telephone, Internet, etc.) or where optional and/or additional services are indicated as subject to a charge by means of a corresponding notice, in particular price notices.

(2) The agreed prices include the taxes applicable at the time of conclusion of the contract (in particular value added tax) and other charges. Not included are such charges which are owed by the customer himself according to the respective legal basis, e.g. visitor's tax. The hotel is entitled to adjust the agreed prices insofar as this adjustment is based on changes to the statutory value added tax or the introduction, amendment or abolition of local levies on the service provided after conclusion of the contract. If the customer is a consumer within the meaning of § 13 BGB, the hotel is only permitted to adjust the prices if the period between conclusion of the contract and fulfillment of the contract exceeds four months.

(3) If payment on account is agreed, the invoice amount shall be due for payment without deduction within 14 days of receipt of the invoice.

(4) The customer may only offset undisputed or legally established claims against claims of the hotel.

(5) The hotel reserves the right to demand a reasonable advance payment or other security deposit upon conclusion of the contract. The amount of the advance payment and its due date remain subject to corresponding contractual agreements in text form. After conclusion of the contract, the hotel is entitled in justified cases until the beginning of the customer's stay, in particular in the event of the customer's payment arrears or in the event of an extension of the agreed services, to demand an advance payment or other security deposit in accordance with the above provisions. The same applies to an increase in an advance payment or other security deposit already made up to the amount of the full price to be paid. The hotel is also entitled to demand an advance payment or other security deposit for existing or future claims arising from the contractual relationship during the customer's stay, insofar as this has not already been done in accordance with the above provisions.

 

• 4 CANCELLATION, WITHDRAWAL BY THE CUSTOMER OR THE HOTEL, NO-SHOW

(1) The customer shall only have a contractual right of withdrawal if such a right has been expressly agreed in writing or in text form in the contract or as evidenced by the content of the booking confirmation. Otherwise, the customer's right of withdrawal shall be governed by the statutory provisions.

(2) Insofar as the customer does not have a right of withdrawal under the contract and/or law, or in the event that the customer's declaration of withdrawal was not exercised in due time, the hotel shall be entitled to payment of the agreed prices or remuneration even if the customer does not make use of the agreed services. The hotel shall offset any income from other use of the service, in particular from renting the hotel rooms to other customers, as well as any expenses saved. In the event that the hotel rooms booked by the customer cannot be rented to other customers, the customer is obliged to pay 80% of the total price as part of his booking. If the guest does not arrive, the hotel will charge 100% of the total price.

(3) If several rooms are booked by groups, i.e. if 5 or more hotel rooms are booked, the following provisions shall apply unless otherwise agreed in text or written form:

- Up to 6 months before the booked arrival date, 100% of the booked room units can be canceled free of charge.

- up to 3 months before the booked arrival date, 50% of the booked room units can be canceled free of charge.

- Up to 6 weeks before the booked arrival date, 10% of the booked room units can be canceled free of charge.

The above provisions of paragraph 2 shall apply mutatis mutandis to the options not covered by this cancellation option.

(4) Insofar as the customer has been granted the right by contractual agreement to withdraw from the contract free of charge within a certain period of time, the hotel is entitled, insofar as there are inquiries from other customers regarding the contractually booked rooms, to request the customer to inform the hotel within a reasonable period of time whether he waives his right to withdraw free of charge. If the customer declares his waiver of the right to withdraw free of charge within this period, the booking becomes binding for him and the hotel cannot withdraw from the contract on the basis of this provision. If the customer does not declare the waiver, be it expressly

or implicitly by allowing the set deadline to expire, the hotel may withdraw from the contract during the period in which the customer would also be entitled to withdraw free of charge.

(5) The hotel is also entitled to withdraw from the contract if an advance payment or security deposit agreed or demanded in accordance with § 3 para. 5 is not provided by the customer even after a further reasonable deadline has been set.

(6) Furthermore, the hotel reserves the right to withdraw from the contract for good cause, in particular in the event that

- force majeure or other circumstances for which the hotel is not responsible and which make it impossible to fulfill the contract,

- the purpose, nature or reason for the stay violates applicable legal provisions,

- the booked rooms are used by a guest other than the customer named in the booking or the fellow travelers named by the customer without the hotel having been informed of this, in particular in cases of subletting or, in the case of commercially active customers, when passing on accommodation contingents, without the hotel having given its prior consent,

- hotel rooms are booked by providing misleading or false information or by concealing material facts. For the hotel, the identity of the customer, his solvency and the purpose of his stay are particularly important,

- the hotel has justified cause to believe that the use of the booked service may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization, or

- the customer breaches material contractual obligations despite a warning from the hotel.

(7) In the event of a justified withdrawal by the hotel, the hotel must inform the customer immediately of the unavailability of the service and reimburse any consideration already provided by the customer without delay. In this case, the customer shall not be entitled to claim damages.

 

• 5 PROVISION, HANDOVER AND RETURN OF HOTEL ROOMS

(1) Booked rooms are available to the customer from 15:00 on the agreed day of arrival. There is no entitlement to availability before this time, unless this has been expressly agreed.

(2) The customer is obliged to vacate the room by 11:00 a.m. at the latest on the agreed day of departure. If the room is vacated late, the hotel shall be entitled to charge 50% of the list price for unauthorized continued use until 6:00 p.m., and 90% of the list price for continued use after 6:00 p.m..

list price. In this case, the customer shall have no contractual claims to the hotel's services. The customer reserves the right to prove that the hotel has no or a significantly lower claim to compensation for use.

(3) Liability for pets - The guest is fully liable for any damage caused by pets brought along. The hotel accepts no liability for damage or soiling caused by pets. It is the guest's responsibility to take out appropriate insurance or to bear the costs of repairing any damage directly.

(4) Smoking ban in the hotel rooms - Smoking in the hotel rooms is strictly prohibited. Failure to comply with the smoking ban will result in a cleaning fee of €150. If the room is so badly affected by the smell of smoke that it cannot be re-let, the guest is obliged to pay 100% of the current daily rate for the duration of the loss of use.

 

• 6 LIABILITY OF THE HOTEL

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of material contractual obligations of the hotel (obligations whose fulfillment is essential for the proper performance of the contract).

The hotel shall not be liable for any damages which are based on an intentional or grossly negligent breach of duty by the hotel, its legal representatives or vicarious agents.

(2) In the event of a merely negligent breach of material contractual obligations, the hotel shall only be liable for the foreseeable damage typical of the contract, unless the customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the hotel's legal representatives and vicarious agents if claims are asserted directly against them.

(4) Should disruptions or defects in the hotel's services occur, the customer is obliged to inform the hotel immediately, unless the hotel has already become aware of this, so that the hotel can remedy the situation. The customer shall contribute to a reasonable extent to remedy the defect or disruption and to minimize any possible damage.

(5) The hotel is not liable for service disruptions in connection with services which are expressly and/or recognizably offered to the customer as third-party services and which the hotel merely arranges (e.g. sporting events, theater visits, exhibitions, etc.). This also applies if the services of third parties are already arranged together with the booking of the hotel rooms or other services of the hotel, unless the arrangement is made via a linked online booking procedure in accordance with § 651c BGB.

(6) The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel and room safe, the use of which the hotel expressly recommends, is available to the customer for the storage of valuables. If the customer wishes to bring in money, securities or valuables with a value of more than EUR 800.00 or other items with a value of more than EUR 3,500.00, this requires a separate storage agreement with the hotel.

(7) The provision of a parking space in the hotel garage or on the hotel parking lot does not constitute a safekeeping agreement between the customer and the hotel, even if a fee is charged for the parking space. There is no duty of care on the part of the hotel. The hotel shall only be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents and accessories in accordance with paragraphs 1 to 3 above. The guest is obliged to report any damage immediately, in any case before leaving the parking facility.

(8) The hotel shall not be liable for damages for which other guests or other third parties are solely responsible.

(9) All claims against the hotel shall generally become time-barred within one year of the commencement of the statutory limitation period. This does not apply to claims for damages or other claims arising from injury to life, limb or health and/or due to a grossly negligent or intentional breach of duty by the hotel.

(10) Wake-up calls, messages, mail and consignments of goods shall be carried out and handled by the hotel with the utmost care. The hotel shall be responsible for the delivery, storage and, if instructed to do so, the forwarding of mail and consignments for a fee. The hotel shall be liable in accordance with the above provisions.

 

• 7 SPECIAL REGULATIONS IN THE EVENT OF A PANDEMIC

(1) The services of the hotel are provided in compliance with and in accordance with the official regulations, restrictions and requirements applicable at the time of guest admission. There may be changes to the normal offer due to daily updated official guidelines. The hotel reserves the right to restrict the offer (use of areas, culinary and leisure offer) in the event of developments that make this necessary. In this case, the hotel undertakes to inform the guest of such changes or restrictions as soon as possible.

(2) The guest undertakes to comply with reasonable usage regulations or restrictions of the hotel (such as wearing a respiratory mask) when using the services and to inform the hotel immediately if typical symptoms of illness occur up to 14 days before arrival or during the stay.

(3) The above provisions do not exclude any warranty rights of the guest, in particular according to § 536 BGB.

 

• 8 DATA PROTECTION

The data protection regulations can be viewed at:

 

• 9 FINAL PROVISIONS

(1) Amendments and additions to the contract, the acceptance by the hotel or these terms and conditions of accommodation must be made in text or written form.

(2) The law of the Federal Republic of Germany shall apply to contracts between the hotel and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law or in the event that a customer fulfills the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from

contractual relationships between the customer and the hotel shall be the registered office of the hotel.

(4) Should individual provisions of these guest accommodation conditions 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 hotel would like to point out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): http://ec.europa.eu/consumers/odr/.

However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.

 

Tröndle Hotel GmbH & Co KG

Hotel Auerhahn

Vorderaha 4, 79859 Schluchsee-Aha

Phone: +49 (0) 7656 / 2489988

E-Mail: contact@auerhahn-hotel.com