General Terms & Conditions

I. Scope

1. These General Terms & Conditions shall apply to contracts for the rental of hotel rooms for accommodation purposes and to all goods and services provided by the Hotel for the Customer.
2. Subletting or re-letting the assigned rooms, or using them for purposes other than accommodation, requires the Hotel’s prior written authorisation, whereby Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is excluded if the Customer is not the consumer.
3. Customers‘ terms & conditions shall only apply if they have been expressly agreed in writing in advance.

II. Contract conclusion, contract partner; limitation period

1. The Contract is concluded through the Hotel’s acceptance of the Customer’s application. The Hotel is free to confirm the room reservation in writing.
2. Contractual partners are the Hotel and the Customer. If a third party made a booking for the Customer, this third party shall be liable towards the Customer for all obligations under the hotel accommodation contract as a joint and several debtor, if the Hotel has a corresponding declaration from the third party.
3. Subject to discovery, all claims against the Hotel shall generally become time-barred one year after commencement of the regular limitation period as per Section 199 Paragraph 1 BGB. Claims for compensation shall became time-barred in five years, regardless of knowledge. The reduction in the limitation period shall not apply to claims based on wilful or grossly negligent breach of duty by the Hotel.
4. We recommend that you take out travel cancellation insurance.

III. Services, prices, payment, offsetting

1. The Hotel undertakes to provide the room booked by the Customer and perform the agreed services.
2. The Customer undertakes to pay the Hotel the applicable or agreed prices for the room rental and any other services used. This shall also apply to services and expenses that the Hotel has organised with third parties on behalf of the Customer.
3. The agreed prices include the applicable statutory value-added tax. If the period between contract conclusion and contract performance exceeds four months, and if the general price calculated by the Hotel for such services increases during this time, the Hotel can increase the contractually agreed price accordingly but by a maximum of 5%.
4. The Hotel can also amend the prices if the Customer requests subsequent changes to the number of rooms booked, number of guests, services provided by the Hotel or length of the stay and the Hotel agrees to them.
5. Hotel invoices without a due date must be paid without deductions upon departure at the latest. The Hotel is authorised to declare accumulated amounts due and payable at any time and demand immediate payment. In the event of payment delay the Hotel is authorised to charge applicable statutory default interest of currently 8% or, for legal transactions in which the consumer is involved, 5% above the basic interest rate. The Hotel reserves the right to provide evidence of higher damages.
6. The Hotel is authorised, when concluding the contract or afterwards and with due consideration of the legal provisions for offers, to demand an appropriate advance payment or security deposit. 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 an undisputed or legally binding claim against a claim from the Hotel.
8. Reservations can be amended free of charge. From the 2nd amendment, we will charge a fee of €30.00 per rebooking.
   

IV. Withdrawal by the Customer (i.e. cancellation) / failure to make use of the Hotel’s services

1. The Customer has the right to withdraw from the Contract with the Hotel up to midnight on the 70th day before the date of arrival, without this triggering any claims for payment or compensation from the Hotel. The notice of withdrawal must be received in writing by the Hotel by midnight on the 70th day before the date of arrival. Exception for early booker discounts: this right is not available to Customers with contracts that were agreed with a payment described as an “early booker discount”.
2. Cancellation by the Customer of the contract concluded with the Hotel closer to the day of arrival (after midnight on the 70th day before the day of arrival) requires the Hotel's written consent. If this is not the case, the agreed price per the contract must also be paid even if the Customer does not make any use of the contractual services.
3. If the Hotel and Customer agreed in writing a date for charge-free withdrawal from the Contract, the Customer can withdraw from the Contract by this date without this triggering any claims to payment or compensation from the Hotel. The Customer’s right to withdraw shall lapse if it does not exercise this right in writing towards the Hotel by the agreed date.
4. In the case that rooms are not used by the Customer, the Hotel must offset the income from renting these rooms to other parties as well as the saved expenses. If the rooms are not otherwise rented, the Hotel can demand payment of the contractually agreed compensation and deduct an estimate of the expenses saved by the Hotel. In this case, the Customer is obligated to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board offers. The Customer is free to provide evidence that the aforementioned claim did not arise or not in the requested amount.
5. Overnight stays (from 15 people – group offer): for reservations for more than 15 people (group offer) the following deadlines for cancellations and modifications shall apply:
   up to 90 days before arrival – full cancellation possible
   up to 45 days before arrival – up to 50% of the agreed overnight stays
   up to 30 days before arrival – up to 20% of the agreed overnight stays
   up to 10 days before arrival – up to 10% of the agreed overnight stays
   If the reservation is for more than 200 nights, the aforementioned deadlines shall be extended by 10 days in each case.

V. Withdrawal by the Hotel

1. If a charge-free right to withdraw by the Customer within a specified period was agreed in writing, the Hotel is also authorised to withdraw from the Contract within this period if it has requests from other customers for the rooms booked under the contract and, when asked by the Hotel, the Customer does not waive its right to withdraw.
2. If an advance payment that was agreed or demanded as per Clause III No. 6 has still not been made after an appropriate deadline set by the Hotel has lapsed, the Hotel is also authorised to withdraw from the contract.
3. Furthermore, the Hotel is entitled to withdraw extraordinarily from the Contract for an objectively justified reason, for example
   a) force majeure or other circumstances for which the Hotel is not responsible make it impossible to execute the contract;
   b) rooms are booked using misleading or incorrect information about important facts e.g. information about the person or the purpose of the booking;
   c) the Hotel has justified cause to believe that the use of the hotel service may endanger the smooth running, security or public reputation of the Hotel, without this being down to reasons that lie within the Hotel’s organisation and sphere of control;
   d) there is a breach of Clause I No. 2 above.
4. In the event of an authorised withdrawal by the Hotel, the Customer shall not be entitled to compensation.
5. For online bookings, the Hotel has the right to withdraw from the booking within 24 hours from receipt of it.

VI. Payment – advance payment

1. Advance payment of a maximum of 30% of the agreed price may be demanded to secure the reservation.
2. If advance payments requested by the Hotel are not made by the agreed date, the hotelier shall be immediately released from any agreements made.

VII. Provision, handover and return of rooms

1. The Customer has no right to specific rooms being made available.
2. Booked rooms shall be available to the Customer from 4:00 p.m. on the agreed arrival date. The Customer has no right to the room being made available earlier.
3. Rooms are to be vacated by 10:00 a.m. on the agreed departure date at the latest. After this time and up until 4:00 p.m., the Hotel may charge 50% of the full accommodation price (list price) for late vacation of the room and using it for longer than contractually agreed. After 4:00 p.m. it may invoice 100%. This shall not justify the Customer making any contractual claims. The Customer is free to prove that the Hotel has no right to a compensation fee or to a much lower amount.

VIII. Liability of the Hotel

1. The Hotel shall be liable for its obligations under the Contract using all due care and diligence. Compensation claims from the Customer are excluded. This excludes damages arising from injury to life, body and health if the Hotel is responsible for the breach of duty, damages based on wilful or grossly negligent breach of duty by the Hotel and damages based on wilful or negligent breach of typical contractual obligations by the Hotel. A breach of duty by the Hotel is equivalent to a breach by a legal representative or vicarious agent. Should any disruptions or deficiencies in the Hotel's services arise, the Hotel shall endeavour to remedy the situation when it becomes aware of it or as soon as it receives a complaint from the Customer. The Customer undertakes to do everything reasonable to rectify the disruption and keep any damages as low as possible.
2. In line with statutory provisions, the Hotel shall be liable to the Customer for items brought to the Hotel by the Customer up to an amount of one hundred times the room rate or a maximum of €3,500. It shall be liable for money, securities and valuables up to €800. Money, securities and valuables up to a maximum value of €20,000 can be kept in the hotel safe or in the room safe up to a maximum value of €2,000. The Hotel recommends making use of this option. The liability claims shall lapse if the Customer fails to notify the Hotel without delay after becoming aware of loss, destruction or damage (Section 703 BGB). Number 1 sentences 2 to 4 above shall apply accordingly to any additional liability on the Hotel’s part.
3. If the Customer is provided with a parking space in the hotel garage or in a hotel car park, also for a fee, this shall not result in the formation of a safekeeping contract. The Hotel shall not be liable for loss or damage to vehicles parked or manoeuvred on hotel property and their contents, other than in the event of wilful or gross negligence. Number 1 sentences 2 to 4 above shall apply accordingly.
4. Wake-up services shall be performed by the Hotel with the greatest care. Messages, post and consignments for guests shall be handled carefully. The Hotel shall deliver and store these items and - on request - forward them for a fee. Number 1 sentences 2 to 4 above shall apply accordingly.

IX. Closing provisions

1. Amendments or supplements to the Contract, application acceptance or these General Terms & Conditions for Hotel Accommodation should be made in writing. Unilateral amendments or supplements from the Customer are ineffective.
2. Place of performance and payment is the location of the Hotel.
3. Sole place of jurisdiction – also for disputes related to cheque and exchange disputes – for commercial dealings is the Hotel’s location. If a Contractual Partner meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure (ZPO) and has no general domestic place of jurisdiction, the Hotel’s location shall be considered to be the place of jurisdiction.
4. German law shall apply. The UN Convention on Contracts for the International Sale of Goods and conflict of law provisions are excluded.
5. If individual provisions of these General Terms & Conditions for Hotel Accommodation are or become ineffective or void, the effectiveness of the remaining provisions shall remain unaffected by this. For the rest, statutory provisions shall apply.

X. Video surveillance

For your own safety, the public areas at the Hotel Feldberger Hof are under video surveillance.