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 as well as 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, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the leased rooms as well as 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 unless the customer is a consumer.
1.3 General terms and conditions of the customer only apply if this has been expressly agreed in advance.
2 CONCLUSION OF CONTRACT, PARTNER, LIMITATION OF LIMITATIONS
2.1 Contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer's application.
2.2 All claims against the hotel become statute-barred one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3 ACCOMMODATION AGREEMENT
3.1 If a room, suite or apartment is ordered and confirmed, an accommodation contract has been concluded. A legally binding contract is also concluded for verbal bookings, especially bookings made by telephone, unless expressly agreed in writing.
3.2 The conclusion of the accommodation contract obliges both contracting parties to fulfill the contract. The owner of the accommodation facility is obliged to provide the booked accommodation for the agreed period. The guest has to pay the overnight price as contractually agreed.
3.3 A unilateral, free cancellation by the guest from a binding booking is fundamentally excluded if the guest cannot use the booked accommodation for reasons that are in his risk sphere (exception: force majeure).
3.4 If the guest nevertheless withdraws from the contract, he is obliged to pay the agreed or customary price regardless of the time and reason for the withdrawal. The owner of the accommodation establishment must, however, have saved expenses offset against his entitlement. The value of the saved expenses is recognized at a flat rate of 10% for overnight stays with breakfast and a flat rate of 20% for overnight stays with half board.
3.5 The owner of the accommodation establishment is required to rent out accommodation that has not been used and must offset the savings made against the cancellation fee claimed by him.
3.6 The owner of the accommodation establishment must pay compensation to the guest in the event of failure to provide the booked accommodation for which he is responsible (e.g. due to overbooking). Only in cases of force majeure, such as natural disasters, is the owner of the accommodation facility released from the service.
4 SERVICES, PRICES, PAYMENT, SET-OFF
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 hotel's agreed or applicable prices for rooms provided and for other services used. 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 duties applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to local law, such as visitor's tax. In the event of a change in statutory sales tax or the introduction, change or abolition of local taxes on the object of performance after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
4.4 The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the customer's length of stay, as requested by the customer, dependent on the price of the rooms and / or other hotel services increasing.
4.5 Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the customer at any time. In the event of default in payment by the customer, the statutory provisions apply. The hotel reserves the right to provide evidence of higher damage.
4.6 The hotel is entitled to request an appropriate 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 can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of default in payment by the customer, the statutory provisions apply.
4.7 In justified cases, e.g. arrears in payment by the customer or expansion of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full, even after the conclusion of the contract up to the beginning of the stay to demand the agreed remuneration.
4.8 The hotel is also entitled, at the beginning of and during the customer's stay, to request an appropriate advance payment or security deposit within the meaning of section 3.6 above for existing and future claims from the contract, unless such a payment has already been made in accordance with section 3.6 and / or section 3.7 above was done.
4.9 The customer can only offset or set off an undisputed or legally binding claim against a claim by the hotel.
5 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE THE HOTEL'S SERVICES (NO SHOW)
5.1 The customer can 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 as well as any consent to a contract cancellation should be made in text form.
5.2 If an appointment has been agreed between the hotel and the customer to withdraw from the contract free of charge, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from 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 termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite not using the service. The hotel has to credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to someone else, the hotel can apply a flat-rate 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 breakfast and for all-inclusive arrangements with third-party services, 80% for overnight stays with half board. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
6 WITHDRAWAL 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 inquiries from other customers about the contractually booked rooms and the customer on request of the hotel with reasonable Setting a deadline does not waive his right to withdraw.
6.2 If an advance payment or security deposit agreed or requested in accordance with section 3.6 and / or section 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 extraordinarily withdraw from the contract for an objectively justified reason, in particular if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; - rooms or rooms are culpably booked with misleading or false information or with concealment of essential facts; The identity of the customer, solvency or the purpose of stay can be essential; - the hotel has justified cause to believe that the use of the service could endanger the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization; - the purpose or the reason for the stay is illegal; - there is a breach of the above section 1.2.
6.4 The justified withdrawal by the hotel does not justify the customer's claim to compensation.
7 ROOM AVAILABILITY, DELIVERY AND RETURN
7.1 The customer does not acquire the right to be provided specific rooms, unless this has been expressly agreed.
7.2 Booked rooms are available to the customer from 15:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
7.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 15% of the full accommodation price (list price) for use beyond the contract up to 00:50 p.m., and 15% from 00:90 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim to usage fee.
8 LIABILITY OF THE HOTEL
8.1 The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this section 7. Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
8.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel safe. If the guest wishes to bring in money, securities and valuables with a value of more than EUR 800 or other items with a value of more than EUR 3.500, this requires a separate storage agreement with the hotel.
8.3 Insofar as the customer is provided with a parking space in the hotel garages / carports or in the hotel parking lot, even for a fee, this does not result in a safekeeping agreement. In the event of loss of or damage to vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with Section 7.1, sentences 1 to 4 above.
8.4 Wake-up calls are carried out by the hotel with great care. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, store and - on request - forward the same for a fee. The hotel is only liable in accordance with Section 7.1, Sentences 1 to 4 above.
9 FINAL PROVISIONS
9.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
9.2 Place of fulfillment and payment as well as exclusive place of jurisdiction - also for check and bill of exchange disputes - is the seat of the hotel in commercial transactions. If a contractual partner meets the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office.
9.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.
9.4 Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
General terms and conditions (GTC) for
“Stoll's Hotel Alpina” - vouchers
1. SCOPE OF APPLICATION
These terms and conditions apply to all vouchers issued by Stoll's Hotel Alpina oHG, Ulmenweg 14-16, 83471 Schönau am Königssee. If 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 to process contracts. It will only be used for purposes beyond this if the data subject has given his or her consent or there is a statutory exception.
3. PLACE OF JURISDICTION, CHOICE OF LAW
The place of jurisdiction for all legal disputes is the seat of Stoll's Hotel Alpina. German law applies exclusively to the exclusion of the UN sales law.
4. COMPLAINTS ON PURCHASE OR EXCHANGE
Complaints about the purchase or exchange of a voucher must be made within 14 days of purchase or exchange in order to still be able to guarantee the possibility of tracing. Complaints from 14 days after purchase or exchange will no longer be recognized (see cancellation policy).
5. PERIOD OF VALIDITY
Vouchers are valid in the period printed or (in the case of electronic vouchers) electronically transmitted. 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 we need to contact us beforehand, e.g. by email.
Vouchers can be redeemed for all hotel services and are transferable. However, a cash payment is not possible; Change cannot be given. You can only credit or redeem the voucher with a valid number upon arrival at reception on your guest account. Stoll's Hotel Alpina assumes no liability for costs that arise from a change in the composition of the affiliated partners. Any remaining credit will be transferred and can be redeemed on your next stay.
7. ELIGIBILITY TO REDEEM
Stoll's Hotel Alpina is not obliged to check the authorization of a voucher redeemer beyond checking the validity of the voucher. The owner of the voucher must therefore ensure that the voucher does not come into the control of unauthorized third parties and inform us immediately if there is at least the possibility that this has happened anyway. For a voucher redeemed by an unauthorized person, Section 793 (1) sentence 2 BGB applies accordingly.
When purchasing or exchanging a voucher, the place of performance is the seat of Stoll's Hotel Alpina at the time of purchase / exchange. When sending a voucher that is not issued electronically but in embodied form to the redeemer, the risk of accidental loss and the risk of loss of the sent voucher in accordance with Section 447 of the German Civil Code (BGB) with delivery to the person or institution assigned to carry out the dispatch is transferred to the buyer or institution. Redeemer over.
9. MULTIPLE SOLUTION
An improper or multiple redemption of a green purchase voucher will be prosecuted. This also expressly includes the attempt to redeem it improperly or multiple times.