1.1. These Terms and Conditions (hereinafter referred to as “GTC”) shall apply to contracts for the rental of hotel rooms as well as all other services and deliveries provided to the Customer in this context (hotel accommodation contract) by Schlatter Hoteliers GmbH & Co. KG (hereinafter referred to as “Hotel”). The term “Hotel Accommodation Agreement” shall include and replace the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract and Hotel Room Contract.
1.2. The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby §540 Paragraph 1 Sentence 2 BGB is waived insofar as the customer is not a consumer within the meaning of §13 BGB.
1.3. The customer’s GTCs shall only apply if this has been expressly agreed in text form in advance.
2. conclusion of the contract, contracting parties, limitation period
2.1. Contractual partners are the hotel and the customer. 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 text form. As a rule, this is done by means of a written reservation confirmation.
2.2. All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.
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 or to provide an adequate substitute.
3.2. The customer is obliged 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 are inclusive of 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.
3.4. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s service or the customer’s length of stay conditional upon a reasonable increase in the price for the rooms and/or for the hotel’s other services.
3.5. Invoices of the hotel are due immediately upon receipt without deduction. If payment on account has been agreed, payment shall be made within ten days of receipt of the invoice without deduction, unless otherwise agreed.
3.6. The hotel is entitled to require 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 following credit cards are accepted: Visa, MasterCard, Diners and American Express). The amount of the advance payment and the payment dates can be agreed in the contract (usually reservation confirmation) in text form. In the event of default in payment by the customer, the statutory provisions shall apply.
3.7. In justified cases, for example payment arrears of the customer or extension 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 within the meaning of the above section 3.6 or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8. The hotel is further entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing or 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 3.6 and/or 3.7 above.
3.9. The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
3.10. The customer agrees that the invoice may be sent to him electronically
4. withdrawal of the customer (cancellation) / non-utilization of the services of the hotel (no show).
4.1. Withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract in writing.
4.2. If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract until then without triggering payment or damage compensation claims by the hotel.
4.3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite the non-utilization of the service. The hotel has to credit 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 90% of the contracted price for accommodation with or without breakfast. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
5. withdrawal of the hotel
5.1. If it was agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are requests from other customers for the contractually booked room and the customer does not waive his 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 3.6 and/or Section 3.7 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
5.3. Furthermore, the hotel is entitled to withdraw from the contract for factually justified reasons, in particular if
– force majeure or other circumstances beyond the control of the hotel, e.g. an official order to close, 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 number 1.2
– the customer does not comply with the house rules
5.4. The justified withdrawal of the hotel does not entitle the customer to compensation.
6. room provision, handing over and return
6.1. The customer does not acquire any right to the provision of certain rooms, unless this has been expressly agreed in text form.
6.2. Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no right to earlier provision.
6.3. The objects and equipment in the room must be handled with care. Smoking is not allowed in the entire hotel. In case of violation of this prohibition, the hotel may charge a special cleaning fee of 150,- € (one hundred and fifty euros) per room. In case of an alarm caused by cigarette smoke or other smoke caused by the guest negligently or intentionally, all costs of evacuation, fire department intervention and all subsequent costs will be charged to the causer.
6.4. Bringing animals is prohibited throughout the hotel, unless this has been expressly agreed in text form for an additional fee.
6.5. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price for its use in excess of the contract until 6:00 p.m., 90% after 6:00 p.m., and 100% after midnight. Contractual claims of the customer are not justified by this. He 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 is liable for damages resulting from injury to life, body or health for which it is responsible. 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 grossly 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 into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than €800 (eight hundred euros) or other items with a value of more than €3,500 (three thousand five hundred euros), 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 does not constitute a custody agreement. In the event of loss of or damage to motor vehicles 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 calls are carried out by the hotel with the utmost care. Messages for customers are handled 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. final provisions
8.1. Amendments and supplements to the contract, the acceptance of the application or these GTC shall be made in text form. Unilateral changes or additions by the customer are invalid.
8.2. The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions shall be the registered office of the hotel. If the customer meets the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
8.3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4. The hotel does not undertake to participate in dispute resolution proceedings before a consumer arbitration board.