GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1 Scope of Application
1.1 These General Terms and Conditions shall apply to contracts for the rental of hotel rooms and for accommodation, as well as all other services and deliveries of the hotel rendered to the customer.
1.2 The subletting or reletting of the rooms provided as well as their use for other than lodging accommodation purposes shall require the prior written consent of the hotel.
1.3 These General Terms and Conditions shall apply exclusively. Any conflicting, deviating or supplementary terms and conditions of the customer, unless the hotel has expressly agreed to their validity in writing. These General Terms and Conditions shall also apply even if the hotel, with knowledge of the customer’s terms and conditions, provides the services to the customer without services to the customer without reservation.
2 Conclusion of Contract
2.1 The contract shall be concluded by the hotel’s acceptance of the customer’s application. The hotel shall be free to confirm the room reservation in writing.
2.2 If a third party makes the booking on behalf of the customer, that party shall be liable to the hotel as the orderer together with the customer as joint and several debtors.
3 Services, prices, payment, set-off
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the prices applicable or agreed for the provision of the rooms and other services used by him. The hotel’s prices are applicable or agreed for the provision of the room and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3.3 The hotel may withhold its consent to any subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the customer’s length of stay at the customer’s request. A change agreement must be in writing.
3.4 The agreed prices include the respective statutory value added tax. Not included in the price are local taxes that are owed by the guest according to the respective municipal law, such as cultural promotion levies or visitor’s tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local taxes on the contractual services after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only if the period between conclusion and performance of the contract exceeds four months.
3.5 Unless other terms of payment have been expressly agreed, the hotel’s invoices shall be payable immediately upon receipt of the invoice.
are due for payment immediately upon receipt of the invoice without any deductions. The hotel shall be entitled to call in accrued claims at any time and to demand immediate payment. In the event of default of payment, the hotel shall be entitled to charge interest on arrears in the amount of 10% above the 5% above the base interest rate for consumers. The hotel reserves the right to prove higher damage.
3.6 In justified cases (e.g. payment arrears on the part of the customer or extension of the scope of the contract), the hotel is payment in advance or an increased security deposit in the amount of the expected accommodation costs. Furthermore, the hotel is entitled to demand a reasonable advance payment or a security deposit from the customer at the beginning and during or security deposit from the customer at the beginning of and during the stay, insofar as such has not already been provided in accordance with the above provisions.
3.7 The customer may only set off or reduce a claim of the hotel with an undisputed or legally binding claim of the hotel only with an undisputed or legally binding claim.
3.8 No foreign currencies are accepted for payment of the services used.
4 Room provision, room handover and room return
4.1 The customer shall not acquire any claim to the provision of specific rooms unless this has been expressly agreed in writing.
4.2 Booked rooms are available to the customer from 3:00 p.m. on the day of arrival. The customer has no claim to earlier availability.
4.3 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, the hotel may charge 50 % of the agreed room rate for additional use of the room until until 6:00 p.m., and 100 % from 6:00 p.m. onwards.
The hotel reserves the right to assert further claims for damages.
5 Non-utilisation of the services of the hotel, withdrawal by the customer (cancellation, no
show)
5.1 Cancellation of the accommodation contract by the customer requires the prior written consent of the hotel. Without the hotel’s consent, the customer shall be obligated to pay 90% of the contractually agreed price for overnight accommodation without breakfast.
The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the the amount claimed.
5.2 Insofar as the hotel and the customer have agreed on a date for withdrawal from the contract without contract, the customer may withdraw from the contract up to that date without triggering any payment claims for damages on the part of the hotel. The customer’s right to withdraw from the contract shall expire if he does not the customer does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
The following cancellation regulations apply:
up to 15 days before arrival: free of charge
in the 14 days prior to arrival: 80%.
Group bookings (more than 3 rooms) underly separate cancellation regulations.
5.3 If a right of cancellation has not been agreed or has already expired, if there is also no statutory right of cancellation or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service. If and insofar as the customer does not make use of the rooms ordered, the hotel shall credit the proceeds from renting the rooms to other parties as well as any expenses saved. The expenses saved shall be calculated at 10% of the room rate/night (excluding breakfast). The customer shall be entitled to prove a higher percentage for the calculation of the saved expenses.
5.4 Services provided by third parties or special services (e.g. cakes, flowers, etc.) which become useless as a result of the cancellation shall be paid for in full by the customer.
6 Cancellation by the hotel
6.1 Insofar as a right of the customer to withdraw from the contract free of charge within a certain period of time has been agreed, the hotel shall also be entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms.
6.2 If an advance payment agreed or demanded on the basis of these General Terms and Conditions is not made in due time, the hotel shall also be entitled to withdraw from the contract.
In addition, the hotel may assert claims for damages against the customer.
6.3 The hotel shall be entitled to withdraw from the contract with immediate effect in the event of, for example of
- Higher force and other circumstances for which the hotel is not responsible make it impossible to fulfil the contract.
- rooms and rooms are culpably booked with misleading or false information of essential
- facts essential to the contract, e.g. the person of the customer or the purpose of his stay;
- the hotel has reasonable grounds to assume that the use of the hotel service would jeopardise the smooth operation
- the smooth running of the business, the safety or the reputation of the hotel in the public
- public reputation, without this being attributable to the hotel’s sphere of control or organisation.
- the purpose or reason for the stay is unlawful;
- there is a breach of I. 2. of these General Terms and Conditions;
- the hotel is closed;
- the customer has made a statement of assets in accordance with § 802c of the German Code of Civil Procedure (ZPO);
- insolvency or composition proceedings are instituted against the customer’s assets.
7 Liability of the hotel
7.1 The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages based on intentional or other damages based on an intentional or grossly negligent breach of duty by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should shortcomings in the hotel’s services occure, the hotel shall endeavour to remedy the defect as soon as it becomes aware of it or upon the the customer’s complaint. The customer shall be obliged to do reasonable efforts to remedy the disruption and to keep any possible damage to a minimum.
7.2 The hotel shall be liable for items brought into the hotel in accordance with the statutory provisions. Money, securities and valuables may be kept in the hotel safe or in the room safe. The hotel recommends making use of this to make use of this possibility. If the guest brings in money, securities and valuables with a value of value of more than 800 euros or other items with a value of more than 3,500 euros, they shall require a separate storage agreement with the hotel.
7.3 Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, also against payment, parking space is made available to the customer, even for a fee, this shall not constitute a safekeeping agreement. One parking space per room is provided, subject to availability. In the event of loss of or damage to the hotel is not liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel’s or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, except in the case of intent or gross negligence. For the exclusion of the customer’s claims for damages, 7.1 of these General Terms and Conditions shall apply mutatis mutandis to the exclusion of the customer’s claims for damages.
7.4 All claims against the hotel shall in principle become statute-barred one year from the beginning of the period of limitation pursuant to Section 199 (1) of the German Civil Code (BGB). Claims for damages shall become statute-barred after five years from the time of the damaging event, irrespective of knowledge. The reduction of the statute of limitations shall not apply in the case of claims based on an intentional or grossly negligent breach of duty by the hotel or its vicarious agents or injury to life, limb or health.
8 Liability of the Customer
8.1 If the customer smokes in a non-smoking room, he undertakes to pay to the hotel a contractual penalty in the amount of € 500.00.
8.2 The hotel points out that all room furnishings (including decoration) are are inventoried. Should the hotel discover the absence of individual items of furnishings immediately after the room is returned, the hotel shall be entitled to charge the customer the costs of replacement. Furthermore, the hotel reserves the right to assert claims for damages against the customer due to vandalism, severe soiling of rooms and other premises.
9 Pets
9.1 Pets may not be brought into the hotel.
9.2 Dogs may only be accommodated in specified rooms (one dog per apartment) with the prior written consent of the hotel for a fee to be agreed. The stay of dogs in the breakfast room/café and the wellness facilities (gymnastics room, gym hut, sauna) is prohibited. Dogs must be kept on a leash in the garden. Dog excrement must be removed immediately without removed without request.
10 Final provisions
10.1 Amendments or supplements to the contract for the rental of hotel rooms or to these General Terms and Conditions for the Hotel Accommodation Contract at the Hotel Der Lederer Hof must be be made in writing. This shall also apply to any waiver of the written form requirement. Unilateral amendments or amendments by the customer shall be invalid.
10.3 The place of performance and payment is Tegernsee.
10.3 The exclusive place of jurisdiction – also for disputes relating to cheques and bills of exchange – in commercial transactions – is Munich. If a contracting party fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Munich.
10.4 German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
10.5 If individual provisions of these General Terms and Conditions for the Hotel Accommodation Contract should be invalid or void, the validity of the remaining provisions shall not be affected thereby. In all other respects, the statutory provisions shall apply.
TERMS AND CONDITIONS FOR PARKING GARAGES AND HOTEL PARKING SPACES (AGBP)
1 Rental Contract
1.1 Upon entry into the parking garage or the hotel car park (hereinafter referred to as the “parking area”), a rental agreement between the hotel and the lessee for the parking period requested by the lessee in accordance with these Terms and Conditions of Parking applies.
1.2 Neither security nor custody are the subject of this contract. The hotel does not no custody or special duty of care for the items brought in by the Lessee.
2 Conditions of use
2.1 The Lessee shall be obliged to exercise due care and diligence. In particular to observe the special traffic regulations and safety rules posted in the parking area. Instructions given by the hotel staff in the interests of safety or concerning the right to use the premises must always be complied with immediately. In all other respects, the provisions of the StVO shall apply accordingly.
2.2 Vehicles may only be parked within the marked parking spaces, but not in the parking spaces which are reserved for permanent users by means of signs. The hotel shall be entitled to remove or have relocated incorrectly parked vehicles by suitable measures at the expense of the lessee. The hotel may charge a flat rate for this; in this case the lessee may prove that the costs were not incurred or are significantly lower than the flat rate.
2.3 The hotel is also entitled to remove the lessee’s vehicle from the parking area in the event of imminent danger.
2.4 Each Hirer is advised to lock his vehicle carefully after leaving it and not to leave any valuables behind.
3 Safety and order regulations
3.1 In the parking area, vehicles may only be driven at walking speed.
3.2 The following are not permitted in the parking area
- smoking and the use of fire,
- the storage of fuel, fuel containers and inflammable objects,
- the unnecessary running of engines,
- parking of vehicles with leaking fuel tanks or carburettors,
- refuelling, repairing, washing or cleaning the interior of vehicles,
- draining coolant, fuel or oil,
- the distribution of advertising material.
3.3 The parking area may only be used for the purpose of parking, loading, unloading and collecting vehicles.
3.4 The Hirer shall immediately remove any soiling caused by him/her.
4 Fee/Parking duration
4.1 The amount of the parking fee to be paid and the permissible parking period are set out in the valid price list.
4.2 The maximum parking duration shall be the number of nights booked in the hotel, unless a special agreement is made.
4.3 After expiry of the maximum parking period, the hotel shall be entitled to have the vehicle removed from the parking area at the expense of the lessee, provided that the lessee and/or vehicle owner has been made aware in writing within a period of at least 7 days and has remained unsuccessful, or the value of the vehicle obviously does not exceed the rent due. The hotel shall be entitled to a charge in accordance with the price list until the vehicle is removed.
4.4 The hotel may verify the authorisation to collect and use the vehicle. The proof shall be provided, inter alia, by presentation of the parking ticket; the Hirer may provide other proof.
4.5 If the Lessee uses more than one parking space with his vehicle, the Hotel shall be entitled to charge the full parking fee for the number of parking spaces actually used.
5 Liability of the Hotel
5.1 The Hotel shall only be liable for damage demonstrably caused by it or its vicarious agents intentionally or through wilful misconduct or gross negligence. This limitation of liability shall not apply in the event of of life, body or health or in the event of a breach of essential contractual obligations.
5.2 The lessee is obliged to report any damage to his vehicle to the hotel without delay.
5.3 The Hotel excludes any liability for damage caused by other Hirers or other third parties.
This applies in particular to damage, destruction or theft of the parked vehicle or movable/installed objects from the vehicle or on or attached to the vehicle.
5.4 If the Hirer is a hotel guest and the hotel takes over the parking or collection of the vehicle at the Hirer’s request, this shall not constitute a custody agreement or a duty of supervision, as this is merely a courtesy of the hotel towards the guest. Damage which caused to other vehicles or property shall be covered by the hirer’s/vehicle owner’s motor vehicle liability insurance.
Furthermore, the hotel and the driver commissioned by the hotel shall not be liable for damage caused directly to the lessee’s vehicle and for any financial disadvantages in connection with the settlement of the damage to the lessee’s vehicle.
Damage to the other vehicles or property via the hirer’s/vehicle owner’s motor vehicle liability insurance (deductibles, premium increases, etc.), unless the driver appointed by the hotel is not liable for the damage directly caused to the hirer’s/vehicle owner’s vehicle, that the driver engaged by the hotel caused the damage intentionally or through gross negligence.
6 Liability of the Hirer
6.1 The Hirer shall be liable for any damage culpably caused to the Hotel by himself or by his vicarious agents, his representatives or his persons accompanying the hotel. He shall be obliged to report such damage to the hotel without being asked to do so before leaving the parking area.
6.2 The Lessee shall be liable for the cleaning costs in the event of any soiling of the parking area caused by him within the meaning of clause 3.2.
7 Right of lien/ right of retention/ realisation
7.1 The Hotel shall be entitled to a right of retention and a statutory right of lien in respect of the
lien on the Lessee’s parked vehicle.
7.2 The hotel is entitled to remove and/or dispose of vehicles or trailers without a registration number and/or dispose of them, provided that the lessee/vehicle owner has been threatened with this beforehand and has not reacted to the request to remove the vehicle within a reasonable period of time set by the hotel.
Such a threat and demand shall not be required if reasonable measures to identify the lessee/vehicle keeper have been taken and were unsuccessful. The renter/vehicle keeper shall be entitled to any proceeds from the sale less the costs incurred and the costs incurred and the parking charge incurred up to the time of removal of the vehicle.
7.3 Notwithstanding the rights under Clause 7.1 and Clause 7.2, the Hirer shall be liable to the Hotel for all costs incurred.