I. Scope
1. These General Terms and Conditions apply to contracts regarding the provision of hotel rooms for rent as accommodation as well as any products and services provided by the Hotel for the Customer.
2. The rooms being provided may only be sublet or rebooked or used for any other purposes than accommodation with the hotel’s prior written consent.
3. The Customer’s General Terms and Conditions shall only apply if they have been previously agreed in writing.
II. Conclusion of contract, contractual partners, limitation
1. The Contract comes into effect by the Hotel accepting the Customer’s application. The Hotel shall be at liberty to confirm the room booking in writing.
2. The Contractual Partners are the Hotel and Customer. If a third person has placed the order for the Customer, they are jointly liable towards the Hotel together with the Customer for all obligations resulting from the Hotel accommodation contract.
3. All claims against the Hotel always lapse one year from the start of the statutory statute of limitations. Claims for damages lapse within five years, independent of knowledge. The aforementioned provisions do not apply in the case of the Hotel’s liability for damage resulting from injury to life, the body or health or liability for any other damage that is based on malicious intent or gross negligence of duty by the Hotel, its legal representative or agents; in these cases the statutory statute of limitation deadlines apply.
III. Services, prices, payment, billing
1. The Hotel is obligated to provide the room booked by the Customer and the services agreed.
2. If the agreement is based on the Customer’s half-board and they receive a dinner on the first day then the Hotel’s service ends with breakfast on the day of departure. Half-board always includes breakfast and dinner. If the Customer does not make use of a meal, for whatever reasons, they are not entitled to claim reimbursement, not even pro rata, or a reduction.
3. The Customer is obligated to pay the Hotel’s applicable and/or agreed prices for the provision of the room and other services used. This also applies to the Hotel’s services and expenditure to third parties arranged by the Customer.
4. The agreed prices always include statutory value added tax.
5. If the time between conclusion and fulfilment of Contract exceeds 4 months and the price calculated by the Hotel generally increases for these kinds of services, then the contractually agreed price can be raised appropriately, by 10% at the most though.
6. The prices can also be changed by the Hotel if the Customer subsequently wants changes to the number of booked rooms, the Hotel’s services or the guests’ length of stay and the Hotel agrees to this.
7. The Hotel’s bills must be paid within 10 days of receipt of the bill without any deductions. The Hotel is entitled to declare any accumulated unpaid bills due at any time and to demand immediate payment. In the event of default payment, the Hotel is entitled to charge default interest in accordance with Art. 288 of the German Civil Code; the Hotel reserves the right to claim for further damage.
8. The Customer must pay the Hotel reminder costs of €5 for every reminder after default in payment. The Customer is at liberty to provide evidence that there were no or substantially lower resulting costs.
9. The Hotel is entitled to demand appropriate advance payment or a deposit when the Contract is concluded or afterwards, taking the legal provisions for package tours into account. The amount of the advance payment and payment dates can be agreed in writing in the Contract.
10. If the bill total is over €250 or the guest is staying at the Hotel for longer than 6 days, the Hotel is entitled to produce individual interim bills and demand payment from the guest.
11. If the Customer terminates their stay early, they are still obligated to pay the rest of the remuneration, unless they can prove that the Hotel has not taken appropriate action to sublet the room.
12. The Customer can only offset or reduce or assert a right of retention with an undisputed or legally valid claim against the Hotel’s claim.
IV. The Customer’s withdrawal (cancellation, annulment, no show)
1. The Customer’s withdrawal from the Contract concluded with the Hotel requires the Hotel’s written consent. If this does not occur, the agreed price from the Contract must also be paid, even if the Customer does not use the contracted services.
2. This does not apply in cases of the Hotel’s default in delivery or impossibility of performance for which the hotel can be held responsible.
3. If a date has been agreed in writing for withdrawal from the Contract between the Hotel and Customer, the Customer can withdraw from the Contract until then without the Hotel having any claims to payment or compensation. The Customer’s right to withdraw lapses if they do not exercise their right of withdrawal in writing to the Hotel by the agreed date, if there is not a case of the Hotel’s default in delivery or impossibility of performance for which the hotel can be held responsible.
4. Individual travellers can cancel a booking of up to three rooms in full or part up to 2 p.m. the day before the agreed arrival date free of charge. They will be charged the full accommodation costs after this.
5. With cancellations of group trips (at least four booked hotel rooms), the travel organiser has up to six weeks before arrival to sell the agreed contingent of rooms on. They are obligated to also inform the Hotel about the outcome of the sale up to six weeks before arrival in writing and to return the rest of the contingent. An extension and potential options are only possible after written agreement with the hotel. The organiser is obligated to provide the Hotel with a room list with the guests’ names and details as well as any restrictions and room and dietary requirements four weeks before arrival.
Even with partial cancellation of the group trip the following charges are billed:
The Hotel’s cancellation period (before day of arrival) claim
Up to 42 days free
Up to 30 days 30% of the booked services
Up to 10 days 60% of the booked services
From the 9th day 80% of the booked services
No shows or early departures 80% of the booked services
5. The Customer is at liberty to prove that no damage resulted for the Hotel or the resulting damage for the Hotel was lower than the demanded flat rate.
V. The Hotel’s withdrawal
1. It the Customer’s right of withdrawal was agreed in writing by a specific deadline, the Hotel is entitled to withdraw from the Contact itself during this period, if there are enquiries from other customers for the contractually booked rooms and the Customer does not waive their right of withdrawal at the Hotel’s request.
2. If an agreed advance payment is also not made after an appropriate deadline set by the Hotel, the Hotel is also entitled to withdraw from the Contract.
3. Furthermore, the Hotel is entitled to effect an extraordinary withdrawal from the Contract for a materially justifiable cause, for example if force majeure or other circumstances that the Hotel cannot be held responsible for make it impossible to fulfil the Contract; rooms were booked using misleading or incorrect information about important facts, e.g. the Customer’s personal details or purpose; the Hotel has reasonable grounds to assume that the use of the Hotel service may put the smooth running of the business, the Hotel’s security or public reputation at risk without this being the fault of the Hotel’s ownership or management; there is a breach against the clause above, Section I Item 2.
4. The Customer has no claim to compensation for damages in the event of the Hotel’s justified withdrawal.
VI. Provision, handover and return of rooms
1. The Customer shall not acquire a right to the provision of specific rooms, unless this has been expressly agreed in writing.
2. The booked rooms are available to the Customer from 2 p.m. on the agreed day of arrival. The Customer does not have any right to earlier provision. If a later arrival time has not been expressly agreed or the room concerned has not been paid for in advance, the Hotel has the right to provide the booked rooms to others after 6 p.m. without the Customer being able to derive a claim from this against the Hotel.
3. The rooms must be vacated by 10 a.m. at the latest on the agreed day of departure. After this the Hotel can charge 50% of the full accommodation price (list price) in addition to any damage resulting from this for the additional use of the room up to 6 p.m., 90% from 6 p.m. The Customer is at liberty to prove to the Hotel that there was no or significantly lower resulting damage.
VII. The Hotel’s liability
1. The Hotel is liable for their obligations from this Contract. Customer claims for compensation for damages are excluded. Except for damage resulting from injury to life, the body or health, if the Hotel is held responsible for a breach of duty or for any other damage that is based on malicious intent or gross negligence of duty by the Hotel and damage that is based on malicious intent or gross negligence of the Hotel’s duties which are typical for this type of contract. A breach of duty by a legal representative or agent shall be the same as a breach of duty by the Hotel. Should disruptions or defects occur in respect of the Hotel’s service provision, the Hotel must endeavour to find a remedy as soon as it becomes aware of this or once a complaint is received from the Customer. The Customer is obligated to do whatever can be reasonably expected to remedy the disruption or minimise any damages.
2. If the Hotel is not to blame, the Hotel is only liable for items brought in by the Customer based on the legal provisions to an amount that corresponds to a hundred times the accommodation price for a day, however up to a minimum amount of €600 and up to a maximum amount of €3,500; for money, securities and valuables in lieu of €3,500 the amount of €800 is applied, cf. Art. 701 ff German Civil Code (BGB). These can be stored in the hotel safe. The Hotel recommends making use of this option.
3. Liability claims lapse if the Customer does not notify the Hotel immediately after gaining knowledge of the loss, destruction, or damage (Art. 703 German Civil Code).
4. If the Customer is provided with a parking space in the hotel garage or in a hotel car park, for a charge too, no safekeeping contract is deemed to have been concluded. The Hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property, nor the contents thereof, except in the event of malicious intent or gross negligence. This also applies to the Hotel’s agents. Section VII item 1 sentences 2 to 4 apply accordingly.
5. Wake-up services shall be performed by the Hotel with the greatest care. Section VII item 1 sentences 2 to 4 apply accordingly.
6. Messages, post and deliveries are handled with care for guests. The Hotel provides delivery, storage and, on request, forwarding services against reimbursements of costs. Section VII item 1 sentences 2 to 4 apply accordingly.
VIII. Other
1. The Customer may not bring food and drink into the Hotel’s public areas on principle. Exceptions require a written agreement with the Hotel. In these cases, a contribution to cover overheads is charged.
2. Animals may only be brought to the Hotel with the Hotel’s prior agreement and payment of a supplementary charge. Animals may only be taken into public areas, such as the restaurant, bar, wellness area etc. by agreement.
3. With free transport of the Customer by the Hotel, liability is limited according to the statutory motor vehicle insurance’s damage to persons or property.
IX. Final provisions
1. Amendments or additions to this accommodation agreement, the acceptance of a request or these General Terms and Conditions for the Hotel accommodation must be in writing. Unilateral amendments or additions made by the Customer do not apply. Oral agreements shall only apply if the Hotel has confirmed them in writing.
2. The separate Internet GTC shall also apply, if the Customer uses the Hotel’s Internet access.
3. Place of fulfilment and payment is Pfahldorf.
4. The sole court of jurisdiction for commercial transactions - including cheque and currency disputes - is deemed to be Ingolstadt. If a contractual partner meets the requirement in Art. 38 Para. 2 German Code of Civil Procedure (ZPO) and does not have a general court of jurisdiction in Germany, then the court of jurisdiction is also considered to be Ingolstadt.
5. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules is excluded.
6. Should individual provisions of these General Terms and Conditions be or become ineffective or invalid, the validity of the remaining provisions shall remain unaffected. Legal provisions also apply.
As of: February 2015
