These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided to the customer by the Wellnesshotel Basler Hof am Schlosswald (hereinafter referred to as the “Hotel”). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
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.
The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance in text form.
Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of §§ 13, 14 BGB.
The contract is concluded upon acceptance of the customer’s application by the hotel. If the hotel makes the customer a binding offer, the contract is concluded when the customer accepts the hotel’s offer. The room booking must be confirmed in text form.
The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, the customer shall be liable to the hotel together with the third party as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
All claims of the customer or the third party against the hotel shall generally become time-barred 1 year from the beginning of the knowledge-dependent regular limitation period within the meaning of § 199 para. 1 BGB. However, claims for damages against the hotel shall become time-barred at the latest 3 years after the breach of duty, depending on knowledge, and at the latest 10 years after the breach of duty, regardless of knowledge. These reductions in the limitation period do not apply …
– for claims based on intent or gross negligence on the part of the hotel – including its vicarious agents.
– in the event of negligently caused damage arising from injury to life, limb or health.
The shortened limitation periods do not apply to negligently caused property damage and financial loss in the event of a breach of a material contractual obligation. Material contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the hotel’s applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer. 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 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 object of performance after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds 4 months.
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 an increase in the price for the rooms or for the hotel’s other services.
Hotel invoices without a due date are payable in full within 10 calendar days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 9 percentage points or, in the case of legal transactions in which a consumer is involved, 5 percentage points above the base interest rate. In addition, the hotel may charge a fee of EUR 5.00 per reminder letter in the event of default. The hotel reserves the right to prove and assert higher damages.
The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in text form in the contract.
In justified cases, e.g. if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract, to demand an advance payment or security deposit within the meaning of clause 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
The customer may only offset an undisputed or legally binding claim against a claim of the hotel.
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 as well as any consent to a contract termination should be made in text form. Cancellations can be made free of charge up to 4 weeks before the arrival date. Thereafter, we will set the cancellation costs as agreed in the DeHoGa. (70% of the price)
If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract (option), the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in text form vis-à-vis the hotel by the agreed date.
If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to cancel the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilization 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 80% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the claim did not arise or did not arise in the amount claimed.
If the hotel calculates the compensation specifically, the maximum amount of compensation shall be the amount of the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
The above provisions on compensation apply accordingly if the guest does not make use of the booked room or the booked services without notifying us in good time (no show).
If the customer’s right to cancel the contract free of charge within a certain period has been agreed in writing, the hotel is also entitled to cancel the contract free of charge during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to cancel within two weeks of being asked by the hotel. If the customer fails to act within this period, the hotel is entitled to withdraw from the contract.
If an agreed advance payment or security deposit or one demanded in accordance with III. clause 5 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.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if …
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms are culpably booked with misleading or false information or concealment of material facts (e.g. in the person of the customer, solvency or the purpose of the stay);
– the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organization;
– a violation of I. No. 2 is present.
In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.
The customer shall not acquire any entitlement to the provision of specific rooms unless this has been expressly agreed.
Booked rooms are available to the customer from 2 p.m. on the agreed day of arrival at the earliest. The customer is not entitled to earlier provision.
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, in the event of late vacating of the room or apartment, the hotel may charge up to 50% of the currently valid daily room rate for its use in excess of the contract, and then 100% from 6 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to compensation for use. In addition, the hotel reserves the right to prove and assert higher damages.
In the event of damage caused, the hotel shall be liable for intent and gross negligence – including that of its vicarious agents – in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health. In the event of negligently caused property damage and financial loss, the hotel and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable and typical for the contract at the time of conclusion of the contract; material contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to rectify the disruption and minimize any possible damage, and to notify the hotel immediately of any disruption or damage.
The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions of §§ 701 ff. BGB up to a maximum amount of EUR 3,500.00. For money, valuables, the amount of EUR 3,500.00 shall be replaced by the amount of EUR 800.00.
If the guest wishes to bring in money, securities and 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. Storage in the hotel or room safe is generally recommended. For any further liability of the hotel, the above provision of VII. clause 1 shall apply.
If the customer is provided with a parking space in a hotel parking lot – even for a fee – this does not constitute a safekeeping agreement. 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 VII. clause 1.
Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments for customers are also handled with the utmost care. The hotel will take care of the delivery and storage (in each case at the hotel) and – on request – the forwarding of the same for a fee. Section 1 above applies accordingly.
Amendments or additions to the contract, the acceptance of the application or these general terms and conditions for the hotel accommodation contract should be made in text form. Unilateral changes or additions by the customer are invalid.
The place of performance and payment is the hotel’s registered office.
The exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial transactions is the competent court at the hotel’s place of performance. If a contractual partner fulfills 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.
German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
Should individual provisions of these General Terms and Conditions for the Hotel Accommodation Contract be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.
Wellnesshotel Basler Hof am Schlosswal
Imbrand 6 | D-78730 Lauterbach | Tel: +49 74 223979 | E-Mail: info@baslerhof.de
