General Terms and Conditions

Scope of application

1.1 These General Terms and Conditions apply to all contracts for the temporary provision of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” applies to the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel.

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

Conclusion of contract, contract partner, limitation period

2.1 The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s enquiry. The hotel will usually confirm the room booking in text form.

2.2 All claims against the hotel are generally subject to a limitation period of one year. Claims for damages are subject to a limitation period of three years, depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel or its vicarious agents.

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 obliged to pay the agreed or applicable prices of the hotel for the room rental and the other services used by him in accordance with the terms of the contract. current price list. This also applies to services ordered by the customer directly or via the hotel and disbursed by the hotel.

3.3 The agreed prices include the taxes and levies applicable at the time of conclusion of the contract, such as tourist taxes, etc. They do not include local taxes that are owed by the guest according to the respective municipal law, such as visitor’s tax, etc. Changes to the statutory value added tax, the introduction or adjustment of local levies on the object of performance after conclusion of the contract shall be taken into account when determining the price. 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. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the length of the customer’s stay requested by the customer dependent on the price of the rooms and/or other hotel services being increased.

3.5 Hotel invoices without a due date are payable in full within 14 days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of late payment, the hotel shall be entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.

3.6 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 can be agreed in text form in the hotel accommodation contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the start of the stay.

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

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

Withdrawal by the customer (cancellation) / non-use of the hotel’s services (“no-show”)

4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract termination should be made in text form.

4.2 If a right of cancellation has not been agreed or has already expired and there is also no statutory right of cancellation or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use 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 at least 90 % of the contractually agreed price for overnight accommodation with or without additional services. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.

Cancellation of the hotel

5.1 If it has been contractually agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are enquiries from third parties for the contractually booked rooms and the customer does not confirm his booking at the hotel’s request with a reasonable deadline.

5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to extraordinary withdrawal from the contract for objectively justified reasons, in particular if:
– force majeure or other circumstances for which the hotel is not responsible and which make fulfillment of the contract impossible;
– rooms or rooms are culpably booked with misleading or false information or concealment of material facts. In this context, “material” may include the identity of the customer, the ability to pay or the purpose of the stay;
– the hotel has reasonable grounds to assume that the use of the service will jeopardize the smooth operation of the business, the security 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 immoral or unlawful;
– there has been a breach of the above Section 1.2.

5.4 The justified withdrawal of the hotel does not entitle the customer to compensation.

Room provision, handover and return

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

6.2 Booked rooms are available to the customer from 14:00 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, the hotel may charge 50 % of the full accommodation price (list price) for the late vacating of the room for its use in excess of the contract until 3.00 p.m., and 90 % from 3.00 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.

6.4. As a precautionary measure, the hotel shall object to any further use of the room beyond the agreed period of use once the period of use has expired.

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. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. 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 obliged to make reasonable efforts to remedy the fault or defect and to minimise any possible damage.

7.2 The hotel is liable to the customer in accordance with the statutory provisions for objects and property brought in by the customer. The hotel recommends the use of the hotel or room safe. If the guest intends to bring in money, securities and valuables with a market value of more than € 800.00 or other items with a value of more than € 3,500.00, this requires 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 the hotel parking lot, even for a fee, this shall not constitute a safekeeping agreement. Bei Abhandenkommen oder Beschädigung auf dem Hotelgrundstück abgestellter oder rangierter Kraftfahrzeuge und deren Inhalte haftet das Hotel nur nach Maßgabe der vorstehenden Ziffer 7.1, Sätze 1 bis 4.

7.4 Wake-up orders are executed by the hotel with the utmost care. Messages, post and consignments for guests are handled with care. The hotel will take care of the delivery, storage and – on request – forwarding of the same for a fee. The hotel shall only be liable in this respect in accordance with the above section 7.1, sentences 1 to 4.

Final provisions

8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.

8.2 The place of fulfilment and payment as well as the exclusive place of jurisdiction – also for disputes relating to cheques and bills of exchange – is Garmisch-Partenkirchen in commercial transactions. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Garmisch-Partenkirchen.

8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

8.4 Should individual provisions of these General Terms and Conditions 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.

Notice pursuant to § 36 of the Consumer Dispute Resolution Act (VSBG)

The seller will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so. The European Commission provides a platform for online dispute resolution (OS) for contracts concluded over the Internet, which you can find here https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

(as at: 12/2018)