Hotel Großeiberhof

Owner Matthias Eiber

Hocha 9

93449 Waldmünchen

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

1 SCOPE

1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a BGB. The term “Hotel Accommodation Agreement” shall include and replace the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

1.2 Subletting or reletting the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby the right of termination pursuant to Section 540 (1) Sentence 2 BGB is waived.

1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form.

2 CONCLUSION OF THE CONTRACT, -PARTNERS

Contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer’s application by the hotel. In case of booking via the hotel’s own homepage, the contract is concluded by clicking the button “BOOK FOR PAYMENT”.

3 SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.

3.2 The customer is obligated to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.

3.3 The agreed prices shall include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes that are owed by the guest according to the respective local law, such as visitor’s tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance 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 conclusion and performance of the contract exceeds four months.

3.4 If payment on account has been agreed, payment shall be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.

3.5 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 the contract in text form. In the event of default in payment by the customer, the statutory provisions shall apply.

3.6 In justified cases, for example payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit in the sense of the above section 3.5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.7 Furthermore, the hotel is entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.5 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such a payment has not already been made in accordance with clause 3.5 and/or clause 3.6 above.

3.8 The customer may only set off or offset an undisputed or legally binding claim against a claim of the hotel.

3.9 The customer agrees that the invoice may be sent to him electronically.

3.10 In the case of purchased vouchers, the value of the purchased voucher is always decisive, even if this is not explicitly stated on the voucher. Should the price increase by the time the voucher is redeemed, the corresponding surcharge must be paid.

4 CANCELLATION/TERMINATION (“CANCELLATION”) BY THE CUSTOMER

NON-UTILIZATION OF THE HOTEL’S SERVICES (“NO SHOW”)

4.1 Unilateral cancellation by the customer of the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract or a statutory right of withdrawal or termination exists.

4.2 If a date for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise it in text form towards the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired and there is also no statutory right of withdrawal or termination, the hotel shall retain the claim to the agreed remuneration despite the non-utilization of the service. The hotel has to take into account the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not otherwise rented out, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for accommodation with or without breakfast and for package arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.

5 CANCELLATION OF THE HOTEL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive its right to withdraw upon inquiry by the hotel with a reasonable deadline. This applies accordingly to the granting of an option if other inquiries exist and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable deadline.

5.2 If an advance payment or security deposit agreed or demanded pursuant to Section 3.5 and/or Section 3.6 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to rescind the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular if

– force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;

– rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material may be the identity of the customer, the ability to pay or the purpose of the stay;

– the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;

– the purpose or reason for the stay is unlawful;

– there is a violation of the above-mentioned clause 1.2.

5.4 The justified withdrawal of the hotel does not entitle the customer to compensation. Should the hotel have a claim for damages against the customer in the event of a withdrawal in accordance with the aforementioned section 5.2 or 5.3, the hotel may make a lump-sum payment for such damages. Clause 4.3 shall apply accordingly in this case.

6 ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer is not entitled to earlier provisioning.

6.3 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, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price (price according to the price list) for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim for compensation for use.

7 LIABILITY OF THE HOTEL

7.1 The Hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. 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 provided for in this clause 7. In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them without delay. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.

7.2 The hotel shall be liable to the customer for items brought in in accordance with the statutory provisions. The hotel assumes no liability for valuables, cash, etc.

7.3 Insofar as a parking space is made available to the customer in the hotel garage or in the hotel parking lot, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles and bicycles parked or maneuvered on the hotel’s property and their contents, the hotel shall be liable only in accordance with the above Section 7.1, sentences 1 to 4.

7.4 Wake-up orders are executed by the hotel with the utmost care. Messages for customers are treated with care. The hotel can, after prior agreement with the customer, take over the acceptance, storage and – on request – against payment the forwarding of mail and merchandise shipments. The hotel shall only be liable in this respect in accordance with the above section 7.1, sentences 1 to 4.

8 VIDEO SURVEILLANCE

8.1 For security reasons, the public areas are under video surveillance. Video surveillance is carried out to protect the legitimate interests of the controller pursuant to Art.6 Para.1 lit. f GDPR, such as the prevention and investigation of possible criminal acts and the safeguarding of house rights.

9 FINAL TERMS

9.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions are invalid.

9.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Waldmünchen. However, the hotel may optionally sue the customer at the customer’s registered office. The same shall apply in each case to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.

9.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

9.4 In accordance with the legal obligation, the Hotel points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes (“OSPlatform”). However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.

9.5 Should individual provisions of these GTC 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.

9.6 Brochures, advertising letters and price lists are prepared with the utmost care. Nevertheless, errors, misprints and miscalculations are excepted.

9.7 By concluding the travel contract, the customer agrees that his personal data will be stored.

9.8 The customer is responsible for compliance with any passport, visa, customs, foreign exchange and health regulations.

9.9 The offered wellness services are exclusively recreational and have no medical or therapeutic approach.

Status 09.01.2023