General Terms and Conditions for the Hotel Accommodation Contract (AGBH) Stoll's Hotel Alpina OHG
1 SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term „hotel accommodation contract“ includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.
2 CONCLUSION OF CONTRACT, PARTNERS, LIMITATION PERIOD
2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3 ACCOMMODATION CONTRACT
3.1 If a room, suite or flat is ordered and confirmed, an accommodation contract has been concluded. A legally binding contract is also concluded in the case of verbal bookings, in particular by telephone, unless written form has been expressly agreed.
3.2 The conclusion of the accommodation contract obliges both contracting parties to fulfil the contract. The owner of the accommodation establishment is obliged to provide the booked accommodation for the agreed period. The guest must pay the accommodation price as contractually agreed.
3.3 A unilateral, free cancellation of a binding booking by the guest is generally excluded if the guest is unable to use the booked accommodation for reasons within the guest's sphere of risk (exception: force majeure).
3.4 If the guest nevertheless cancels the contract, he is obliged to pay the agreed or customary price, irrespective of the time and reason for the cancellation. However, the proprietor of the accommodation establishment must allow expenses saved to be offset against his claim. The value of the expenses saved shall be recognised at a flat rate of 10 % for overnight accommodation with breakfast and 20 % for overnight accommodation with half board.
3.5 The proprietor of the accommodation establishment is obliged to rent out any unused accommodation to another party and must allow any savings made as a result to be offset against the cancellation fee claimed by him.
3.6 The proprietor of the accommodation establishment must pay compensation to the guest in the event of non-provision of the booked accommodation for which he is responsible (e.g. due to overbooking). Only in cases of force majeure, such as natural disasters, shall the proprietor of the accommodation establishment be released from the obligation to perform.
4 SERVICES, PRICES, PAYMENT, OFFSETTING
4.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
4.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services utilised by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
4.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion and fulfilment of the contract exceeds four months.
4.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the length of the customer's stay requested by the customer dependent on the price for the rooms and/or for the hotel's other services being increased.
4.5 Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. The statutory provisions shall apply if the customer is in default of payment. The hotel reserves the right to provide evidence of higher damages.
4.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. 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 deposits for package holidays, the statutory provisions remain unaffected. If the customer is in default of payment, the statutory provisions shall apply.
4.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the start of the stay.
4.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 3.6 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause 3.6 and/or clause 3.7.
4.9 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.
5 CANCELLATION BY THE CUSTOMER (CANCELLATION) / NON-USE OF THE HOTEL'S SERVICES (NO SHOW)
5.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract shall be made in text form.
5.2 If the hotel and the customer have agreed on a date for cancellation of the contract free of charge, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation shall expire if he does not exercise his right of cancellation vis-à-vis the hotel by the agreed date.
5.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or cancellation and the hotel does not agree to the cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service. The hotel must offset the income from renting the rooms to other parties as well as the 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 bed and breakfast and for package arrangements with third-party services, 80% for overnight stays with half board. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
6 CANCELLATION BY THE HOTEL
6.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel with a reasonable deadline.
6.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
6.3 Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, in particular if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; - rooms or rooms are culpably booked with misleading or false information or concealment of material facts; the identity of the customer, the ability to pay or the purpose of the stay may be material; - the hotel has reasonable grounds to believe that the use of the service may jeopardise 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 organisation. the purpose or reason for the stay is unlawful; - there is a breach of the above-mentioned Section 1.2.
6.4 The justified cancellation of the hotel does not constitute a claim for damages on the part of the customer.
7 ROOM PROVISION, HANDOVER AND RETURN
7.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.
7.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
7.3 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 15:00, and 90% from 15:00. This shall not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
8 LIABILITY OF THE HOTEL
8.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or 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. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel's services, the hotel shall endeavour 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 minimise any possible damage.
8.2 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 safe. If the guest 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.
8.3 If the customer is provided with a parking space in the hotel garages/carports or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and their contents, the hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.
8.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The hotel shall only be liable in this respect in accordance with the above clause 7.1, sentences 1 to 4.
9 FINAL PROVISIONS
9.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer are invalid.
9.2 The place of fulfilment and payment as well as the exclusive place of jurisdiction - also for disputes relating to cheques and bills of exchange - is the registered office of the hotel in commercial transactions. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
9.4 Should individual provisions of these General Terms and 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.
General Terms and Conditions (GTC) for
„Stoll's Hotel Alpina“ vouchers
1. SCOPE OF APPLICATION
These General Terms and Conditions apply to all vouchers issued by Stoll's Hotel Alpina oHG, Ulmenweg 14-16, 83471 Schönau am Königssee. Insofar as special conditions apply to individual voucher types, these then take precedence over these "General Terms and Conditions".
2. DATA PROTECTION
We use personal data exclusively for contract processing. Any use for purposes beyond this will only take place if the data subject's consent or a legal exception applies.
3. PLACE OF JURISDICTION, CHOICE OF LAW
The place of jurisdiction for all legal disputes is the registered office of Stoll's Hotel Alpina. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
4. COMPLAINTS ON PURCHASE OR EXCHANGE
Complaints regarding the purchase or exchange of a voucher must be made within 14 days of purchase or exchange in order to ensure the possibility of traceability. Complaints made within 14 days of purchase or exchange will no longer be recognised (see cancellation policy).
5. VALIDITY PERIOD
Vouchers are valid for the periods printed on them or (in the case of electronic vouchers) transmitted electronically. If no period is specified, the vouchers are valid for 3 years. An extension of the validity can only be considered in written form and requires prior contact with us, e.g. by email.
6. SOLUTION
Vouchers can be redeemed for all hotel services and are transferable. However, cash payment is not possible; change cannot be given. The voucher can only be credited to your guest account or redeemed upon presentation of the voucher with a valid number at reception on arrival. Stoll's Hotel Alpina accepts no liability for costs arising from a change in the composition of the affiliated partners. Any remaining credit will be transferred and can be redeemed during your next stay.
7. AUTHORISATION FOR REDEMPTION
Stoll's Hotel Alpina is not obliged to check the authorisation of a voucher redeemer beyond checking the validity of the voucher. The holder of the voucher must therefore ensure that the voucher does not come into the possession of unauthorised third parties and inform us immediately if there is at least the possibility that this has nevertheless happened. Section 793 (1) sentence 2 BGB shall apply accordingly to a voucher redeemed by an unauthorised person.
8. FULFILMENT
When a voucher is purchased or exchanged, the place of fulfilment is the registered office of Stoll's Hotel Alpina at the time of purchase/exchange. If a voucher is sent to the redeemer not electronically but in physical form, the risk of accidental destruction and the risk of loss of the voucher sent shall pass to the purchaser or redeemer in accordance with Section 447 BGB upon delivery to the person or institution designated to carry out the dispatch.
9. MULTIPLE SOLUTION
Abusive or multiple redemption of a Grünkauf voucher will be prosecuted. This also expressly includes any attempt at misuse or multiple redemption.
