Terms and Conditions for Hotel Accommondation Contract of the company Drubba Ltd
Hotel Alemannenhof, Bruderhalde 21, 79822 Titisee
1. These Terms and Conditions apply to contracts for the rental use of hotel rooms for accommodation as well as all other services and deliveries provided to the customers by the Hotel Alemannenhof, including all residences and holiday apartments on the lake (hereinafter referred to as the "hotel").
2. The sub-letting of rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel,whereby § 540 paragraph 1 sentence 2 BGB [German Civil Code] is waived.
3. Terms and conditions of the customer shall only apply if this has previously been explicitly agreed in writing.
4. Customers in the sense of these terms and conditions are both consumers and businesses within the meaning of §§ 13, 14 BGB.
II.Contract conclusion, parties; limitation
5. The contract is concluded by the acceptance of the application of the customer by the hotel. If the hotel makes the customer a binding offer, the contract comes into effect through the acceptance of the hotel's offer by the customer. In both cases, it is up to the hotel to confirm the room reservation in writing.
6. Contracting parties are the hotel and the customer. If a third party booked for the customer, the customer is joint and severally liable to the hotel together with the third party for all obligations arising from the hotel accommodation contract, if the hotel has a corresponding statement from the customer.
7. All claims by the customer or a third party against the hotel are limited to one year from the commencement of the knowledge-dependent regular limitation period within the meaning of § 199 paragraph 1 BGB. Compensation claims against the hotel shall be subject to the statute of limitations, independent of knowledge, at the latest in 5 years. These shortenings of limitation periods do not apply to claims based on an intentional or grossly negligent breach of obligation by the hotel, as well as damage to body or health attributable to the hotel or loss of life attributable to the hotel.
III. Services, prices, payments, offsetting
8. The hotel is obligated to hold the rooms reserved by the customer ready and to provide the agreed services.
9. The customer is obligated to pay the applicable or agreed hotel prices for the room rental and further services used by him. This also applies to the services and outlays of the hotel to third parties arranged by the customer.
10. The agreed prices include applicable sales tax. If the period between conclusion of contract and fulfilment of contract exceeds 4 months and if the rate generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed price to an appropriate extent, however, not exceeding 5 %.
11. The prices can further be altered by the hotel if the customer later wishes to make changes to the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.
12. Hotel invoices not showing a due date are payable within 10 calendar days of receipt of invoice without deduction. The hotel is entitled to declare accrued amounts at any time due and payable and to demand immediate payment. If payment is delayed, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8 percent or, with legal transactions with a consumer, in the amount of 5 percentage points above the base rate. In addition, in case of default the hotel can claim a fee of € 5.00 per letter of formal notice. The right to prove and claim higher damages remains with the hotel.
13. The hotel is entitled upon conclusion of contract or afterwards, observing the legal provisions for package tours, to demand a reasonable advance payment or security. The amount of the advance payment and payment dates may be agreed in writing in the contract.
14. The customer can offset or reduce only with an undisputed or legally valid claim against a claim of the hotel.
IV.Withdrawal by the customer (secondment, cancellation)
Failure to Use Hotel Services (No Show)
15. The hotel grants the customer the right to withdraw at any time. The following conditions apply:
a.) The hotel has the choice to claim from the guest a withdrawal fee instead of a set calculated compensation.
The withdrawal fee is 90 % of the contractually agreed price for overnight stay with or without breakfast, 70 % of the
contractually agreed price for overnight stays with half board and 60 % of the contractually agreed price for overnight
stay with full board arrangements. The guest is free to prove that no damage was caused to the hotel or the damage
caused to the hotel is lower than the required compensation package.
b.) If the hotel specifically calculated the damage, the amount of compensation is max. the amount of the contractually
agreed price for the services to be provided by the hotel less the value of any savings from the hotel expenses as well
as that, which the hotel gains through other uses of the hotel services.
16. The above provisions regarding compensation shall apply mutatis mutandis if the guest does not avail themselves (no show) of the booked room or booked services, without immediately communicating this.
17. The hotel has no right to compensation if it grants the guest an option in the contract, within a specified period, to withdraw from the contract without any further legal consequences. Decisive in whether the declaration of withdrawal is made in due time, is the receipt thereof by the hotel. The customer has to declare the withdrawal in writing.
V. Withdrawal by the Hotel:
18. If a or according to III. section 6 demanded payment even after a reasonable grace period set by the hotel is not forthcoming, the hotel is entitled to rescind the contract.
19. Moreover, the hotel is entitled upon justifiable grounds to terminate the contract without notice, especially if
- force majeure or other circumstances beyond the hotel's control render fulfilment of the contract impossible;
- rooms were booked under misleading or false information regarding material facts
(e.g., the identity of the customer or their purpose);
- the hotel has good reason to believe that the utilisation of the hotel services might jeopardise the smooth operation of business,
safety or reputation of the hotel in public opinion, without this being attributable to the management and organisation of the hotel;
- a breach of I. section 2 is present.
20. Justified cancellation by the hotel does not entitle the customer to claim for damages.
VI. Room Availability, Handover and Return
21. The guest has no right to be provided specific rooms, unless the hotel has confirmed the provision of certain rooms in writing.
22. Reserved rooms are available to the guest from 15:00 on the agreed date of arrival. The guest has no right to earlier availability.
23. Reserved rooms are to be taken by the guest no later than 18:00 on the agreed date of arrival. Unless a later arrival time has been explicitly agreed, the hotel has the right to assign booked rooms elsewhere after 18:00, without the guest being able to derive a claim to compensation therefrom. The hotel is entitled to withdrawal in this respect.
24. On the agreed day of departure the rooms are to be vacated and made available to the hotel by 11:00 at the latest. After this, the hotel can in the case of a delayed vacating of the room or suite/holiday apartment charge for exceeding contractual use 50 % of the currently valid daily accommodation rate up to 18:00, and after 18:00 then 100 %. Contractual claims of the customer are hereby unfounded. He is free to prove that the hotel has incurred no or a significantly lesser claim to usage compensation. In addition, the right to prove and claim higher damages remains with the hotel.
VII. Liability of the Hotel
1. Should disruptions or defects occur in the performance on the part of the hotel, the hotel is to act without delay to remedy such upon complaint lodged by the customer. The customer is obligated to contribute to a reasonable degree to correcting the disruption and to keep any possible damage to a minimum. If the hotel does not become aware of deficiencies owing to culpable omission by the guest, any claim for diminution of the contractually agreed price is rendered null and void. The customer is moreover obligated to draw the attention of the hotel in good time to any possibility of uncommonly high damage.
2. The hotel is liable under the statutory provisions for all damages resulting from injury to life, body and health.
3. The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Customer claims for damages are excluded. This does not include damage resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, and other damages resulting from an intentional or grossly negligent breach of obligation. A breach of obligation of the hotel is deemed to be the equivalent to that of a legal representative or vicarious agent.
4. The hotel is liable to the customer for property brought into the hotel in accordance with statutory provisions (§§ 701, 702 BGB), however, only up to € 3500, -. For valuables (cash, jewellery, etc.), this liability is limited to € 800, -. Money or valuables that are stored in the hotel safe are insured up to a maximum value of € 1000. The hotel strongly recommends making use of this option. Liability claims expire unless the customer immediately notifies the hotel upon learning of the loss, destruction or damage (§ 703 BGB).
5. If the customer has a parking space in the hotel garage or a hotel parking lot - even for a fee - made available to them, this does not result in a custody agreement. The hotel is not liable for loss of or damage to parked or moving vehicles on the hotel property or their contents, except in the case of intent or gross negligence attributable to the hotel. This also applies to agents of the hotel. Foregoing section 3 sentence 2 to 4 shall apply mutatis mutandis.
6. Wake-up calls are carried out by the hotel with great care. Messages, mail and deliveries of goods for customers are also treated with the utmost care. The hotel undertakes the delivery and storage (in the respective hotel) as well as - on request - the forwarding of such items for a fee. Foregoing section 3 sentence 2 shall apply mutatis mutandis.
VIII. Liability of the customer
1. Please note that for fire prevention and safety reasons the use of table fireworks, sparklers or similar is strictly forbidden in all rooms. In the event of noncompliance with this rule and the resulting fire alarm, we reserve the right to pass on any costs, for example for the fire service dispatch, onto the person responsible.
IX. Final provisions
1. Amendments and supplements to the contract, the acceptance of the contract or these Terms and Conditions for Hotel Accommodation must be in writing. Unilateral amendments or supplements by the customer are invalid.
2. Place of performance and payment is the location of the respective hotel.
3. Exclusive jurisdiction - also for check and exchange disputes - is considered to be the domicile of the hotel in commercial transactions if a contracting partner meets the requirements of § 38 paragraph 2 ZPO [German Code of Civil Procedure] and has no general jurisdiction in Germany.
4. Exclusively German law shall apply.
5. If any provision of these Terms and Conditions for Hotel Accommodation should be or become ineffective or void, the validity of the remaining provisions shall not be affected. In all other respects statutory provisions shall apply.