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General Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR ACCOMMODATION AT HOTEL SCHLOSSHOF, GAUSTR. 8, 55278 DOLGESHEIM

I. Scope of Application

  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 to the customer by the hotel (hereinafter referred to as "Hotel"). The subletting or further leasing of the provided rooms and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is excluded, provided that the customer is not a consumer.
  2. Customer terms and conditions only apply if this has been expressly agreed in writing beforehand.

II. Conclusion of Contract, Contract Partners; Limitation Period

  1. The contract is concluded by the acceptance of the customer's application by the hotel. The hotel is free to confirm the room booking in writing.
  2. The contract partners are the hotel and the customer. If a third party has ordered on behalf of the customer, they are jointly liable with the customer as joint debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.
  3. All claims against the hotel become time-barred one year from the beginning of the knowledge-dependent regular limitation period of § 199 I BGB. Claims for damages become time-barred independently of knowledge after five years. The limitation reductions do not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.

III. Services, Prices, Payment, Set-off

  1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
  2. The customer is obliged to pay the applicable or agreed prices of the hotel for the room rental and any additional services they have used. This also applies to services initiated by the customer and expenses incurred by the hotel for third parties.
  3. The agreed prices include the applicable statutory value-added tax.
  4. The prices for room rental and other services are generally determined on a daily basis, i.e. at the time of the inquiry/booking for the desired stay period. The prices are based on the hotel's current price list. In the case of rebooking reserved rooms and/or other services, the prices for the new stay period always apply. Rebooking of individual reservations is possible free of charge up to 8 days before arrival, and rebooking of small groups (10 to 19 persons) is possible free of charge up to 14 days before arrival. Otherwise, the originally agreed reservation is considered cancelled and the hotel's cancellation conditions according to clause IV apply.
  5. Invoices from the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare outstanding claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 8%, or 5% above the base interest rate for transactions involving a consumer. The hotel reserves the right to provide evidence of higher damages.
  6. The hotel is entitled, at the time of contract conclusion or thereafter, to demand a reasonable advance payment or security deposit, taking into account the legal provisions for package travel. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
  7. The customer may only offset or reduce a claim against a claim of the hotel with an undisputed or legally binding claim.

IV. Customer withdrawal (cancellation, termination) / Non-utilisation of the hotel's services

  1. A withdrawal by the customer from the contract concluded with the hotel must be in writing and must be confirmed in writing by the hotel.
  2. Cancellations of individual reservations are possible free of charge up to 8 days before arrival. Thereafter, the hotel will charge the following rates depending on the booked service: 100% of the price for overnight stay.
  3. Cancellations of small groups (10 to 19 persons) are possible free of charge for the entire contingent up to 2 weeks before arrival. Thereafter, the hotel will charge the following rates depending on the booked service: 90% of the price for overnight stay.
  4. Cancellations of groups (from 20 persons) are possible free of charge for the entire contingent up to 8 weeks before arrival. Thereafter, the hotel will charge the following rates depending on the booked service: 90% of the price for overnight stay.
  5. The hotel is obliged in good faith to reallocate unutilised rooms wherever possible to avoid losses. For rooms not utilised by the customer, the hotel will offset the income from alternative rentals against the cancellation fees according to IV.2. or IV.3. or IV.4. of the rooms.

V. Withdrawal of the hotel

  1. If a free right of withdrawal for the customer has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive their right of withdrawal upon the hotel's inquiry.
  2. If an agreed or requested advance payment as per III Clause 6 is not made, the hotel is also entitled to withdraw from the contract.
  3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for a justified reason, for example, if force majeure or other circumstances for which the hotel is not responsible make the fulfilment of the contract impossible; if rooms are booked under misleading or false representation of essential facts, e.g. regarding the identity of the customer or the purpose; if the hotel has justified reason to believe that the use of the hotel services may jeopardise the smooth operation of the business, the safety, or the reputation of the hotel in public, without this being attributable to the hotel's area of control or organisation; if there is a violation of the above I. Clause 2.
  4. In the event of a justified withdrawal by the hotel, the customer has no claim for damages.

VI. Room provision, handover and return

  1. The customer does not acquire any right to the provision of specific rooms.
  2. Booked rooms are available to the customer from 12:00 noon on the agreed arrival day. The customer has no right to earlier provision. Arrival must generally take place by 20:00 on the agreed day, unless a later arrival is agreed in writing with the hotel. Otherwise, the hotel may allocate the booked room to someone else.
  3. On the agreed departure day, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After that, the hotel may charge 90% of the list price for accommodation/breakfast for the unauthorised use of the room due to the late vacating. This does not establish any contractual claims for the customer. The customer is free to prove that the hotel has incurred no claim or a significantly lower claim for usage fees.

VII. Liability of the Hotel

  1. The hotel is liable with the care of a prudent businessman for its obligations under the contract. Claims for damages by the customer are excluded. Exceptions are damages arising from injury to life, body, or health, if the hotel is responsible for the breach of duty, and other damages that are based on intentional or grossly negligent breaches of duty by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disturbances or defects in the services of the hotel occur, the hotel will make every effort to remedy the situation upon knowledge or immediate complaint from the customer. The customer is obliged to contribute what is reasonable to remedy the disturbance and to minimise any potential damage.
  2. For items brought in by accommodation guests, the hotel is liable to the guests according to statutory provisions, which is up to one hundred times the room rate, but a maximum of €10,000 per room and per day. For items handed over to the hotel for safekeeping by restaurant guests, the hotel is liable to the guests according to statutory provisions, with a maximum of €5,000 per restaurant guest and per day. Money, securities, and valuables can be kept in the hotel safe up to a maximum value of €10,000. Liability claims expire if the guest does not immediately notify the hotel after becoming aware of loss, destruction, or damage (§ 703 BGB). For any further liability of the hotel, the preceding clause 1 sentences 2 to 4 apply accordingly.
  3. If a parking space in the hotel garage or on a hotel parking lot is made available to the guest, even for a fee, no safekeeping contract is established. In the event of loss or damage to vehicles parked or manoeuvred on the hotel premises and their contents, the hotel is not liable, except in cases of intent or gross negligence. This also applies to the hotel’s vicarious agents. The preceding clause 1 sentences 2 to 4 apply accordingly.
  4. Wake-up calls are executed by the hotel with the utmost care. Messages, mail, and goods sent for the guests are handled with care. The hotel takes responsibility for delivery, safekeeping, and – upon request – for forwarding them for a fee. The preceding clause 1 sentences 2 to 4 apply accordingly.

VIII. Final Provisions

  1. Changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the guest are invalid.
  2. The place of performance and payment is the location of the hotel.
  3. The exclusive jurisdiction – also for disputes regarding cheques and bills of exchange – is Dolgesheim in commercial transactions. If a contracting party meets the requirements of § 38 paragraph 2 of the ZPO and has no general jurisdiction in the country, the jurisdiction is the location of the hotel.
  4. German law applies. The application of the UN Sales Convention and conflict of laws is excluded.
  5. Should individual provisions of these General Terms and Conditions for hotel accommodation be or become ineffective or void, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions apply.