Terms and Conditions (GTC)
(1) These general terms and conditions apply to contracts for all services and deliveries of the hotel company Hotel Fischerwiege GmbH & Co. KG (hereinafter “hotel”), in particular the rental of hotel rooms and event rooms.
(2) Deviating general terms and conditions only apply if the parties have agreed to the inclusion in whole or in individual points in text form.
II. Conclusion of contract, partner and statute of limitations
(1) Offers of the hotel are subject to change. The contract is concluded upon the customer’s request by the hotel’s acceptance. The hotel is free to confirm the booking in text form.
(2) If the booking application is made by a third party for the customer, the third party shall be liable for the liabilities arising from the hotel accommodation contract, unless the will of the third party was to act on behalf of the customer. The same applies if the customer named by the third party contests the third party’s power of representation vis-à-vis the hotel.
(3) All mutual claims are subject to the limitation period. Claims against the hotel become statute-barred within one year of becoming aware of the circumstances underlying the claim in accordance with Section 199 (1) BGB. Claims for damages become statute-barred after 5 years, regardless of knowledge. The limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel. The limitation period for liability for damage resulting from injury to life, limb or health remains unaffected and is based on the statutory provisions. This also applies to the mandatory provisions under the Product Liability Act, in the case of a guarantee given by the hotel and in the event of a breach of essential contractual obligations. Essential contractual obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer can regularly rely. In the event of a breach of essential contractual obligations, liability is limited to the replacement of typical, foreseeable damage.
III. Provision, handover and return of rooms
(1) The customer does not acquire the right to be provided certain rooms, unless the hotel has confirmed the provision of a certain room in text form.
(2) Unless otherwise agreed with the customer, hotel rooms are available from 3 p.m. on the day of arrival. The customer has no right to earlier availability.
(3) The rooms must be vacated and made available to the hotel by 11:00 a.m. on the day of departure. If the rooms are not vacated in time, the hotel can invoice half the room price according to the price list for the additional use of the room for the additional use of the room by 6:00 p.m., from 6:00 p.m. 100% of the full room price according to the Price list applicable for extended use. However, the customer is permitted to provide evidence that the hotel has suffered no or significantly less damage.
(4) The rooms provided must be used by 6:00 p.m. on the day of arrival. After this time, the hotel can rent them to other parties, unless the customer has previously informed the hotel of their later arrival. The hotel is entitled to request a guarantee for late arrivals.
IV. Services, prices, type of use, payment, offsetting
(1) The hotel is obliged to keep the hotel rooms and premises booked by the customer available and to provide the agreed services.
(2) The customer is obliged to pay the agreed or customary hotel price for the provision of rooms and other services used by him. This also applies to services and expenses of the hotel arranged by him to third parties.
(3) The agreed prices include the respective statutory value added tax.
(4) The subletting or re-letting of rooms and other rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1, sentence 2 BGB is waived, unless the customer is a consumer within the meaning of § 13 BGB is.
(5) The hotel is entitled to make a reasonable advance payment of max. To request 10% of the total price. The amount of the advance payment and the payment dates are to be agreed in the contract or as a supplement in text form.
(6) If the period between the conclusion of the contract and the agreed arrival date exceeds 4 months and the price generally charged by the hotel for the contractual service or the statutory value added tax increases, the contractually agreed price can be increased appropriately, but at most by 10%.
(7) The prices can be changed by the hotel if the customer subsequently wishes to change the number of booked rooms or premises, the performance of the hotel or the number or length of stay of the guests and the hotel consents to this.
(8) Invoices from the hotel without special identification of a due date are due for payment without deduction within 10 days of receipt of the invoice. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest. The hotel reserves the right to prove higher damage, the customer reserves the right to prove lower damage.
V. Withdrawal / cancellation of the customer
(1.1) For bookings between January 6th, 2019 – April 14th, 2019 and between November 1st, 2019 – December 19th, 2019:
• Free of charge 31 days before arrival
• 30 to 11 days before arrival 40% of the travel price
• 10 days before arrival 80% of the travel price
(1.2) For bookings between April 15, 2019 – October 31, 2019 and between December 20, 2019 – January 5, 2020 and groups of 10 or more, the following applies:
• 42 days before arrival free of charge
• 41 to 15 days before arrival 40% of the travel price
• 14 days before arrival 80% of the travel price
For groups of 10 or more as well as in high season, New Year’s Eve and on public holidays with the associated weekends, a cancellation period of 42 days before the agreed arrival date applies.
The cancellation must be declared to the hotel in writing.
(2) A withdrawal from the contract concluded with the hotel after the time agreed in accordance with paragraph 1 requires the hotel’s consent in text form. In this case, the agreed fee is payable even if the hotel’s consent is not granted and the customer does not use contractual services. The hotel must have the value of the saved expenses as well as the advantages that it obtains from renting out to another. The customer is obliged to withdraw at least 40% of the contractually agreed price for bed and breakfast in the event of a withdrawal after the time agreed in accordance with paragraph 1, and at least 80% of the contractually agreed price for overnight stay in the event of a withdrawal after the 10th day before the agreed arrival date with breakfast, 70% for half board and 60% for full board arrangements. However, the customer is allowed to prove that the aforementioned claims did not arise or did not arise in the required amount.
(3) The above provisions regarding the customer’s resignation do not apply in the event of a breach of the hotel’s obligation to consider the customer’s rights, legal interests and interests if the customer can no longer be expected to adhere to the contract or if he is entitled to any other statutory or contractual right of withdrawal .
(4) The hotel is obliged to keep the hotel rooms and premises booked by the customer available and to provide the agreed services.
VI. Cancellation of the hotel
(1) If a right of withdrawal of the customer has been agreed in text form within a certain period, the hotel is entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and premises and the customer requests the hotel does not waive his right to withdraw.
(2) If and insofar as the advance payment has been agreed with the customer and the customer does not make this within a reasonable grace period set by the hotel, the hotel is entitled to withdraw from the contract.
(3) Furthermore, the hotel is entitled to withdraw from the contract for objectively justifiable reasons, for example if
a) Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract (e.g. strike or power failure);
b) Zimmer with misleading or false information about essential facts, e.g. B. regarding the person of the guest or the purpose;
c) the hotel has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the domain or organizational area of the hotel;
d) the customer sublet or sublet the rooms provided or use them for purposes other than accommodation without the prior written consent of the hotel.
(4) If the hotel withdraws justifiably, the customer is not entitled to compensation.
VII. Liability of the hotel
(1) The hotel is liable with the care of a prudent businessman for his obligation under the contract. Claims by the customer for damages are excluded.
(2) Items brought by the customer are at the customer’s risk in the hotel or on the hotel premises. The hotel assumes no liability for loss, destruction or damage.
(3) Insofar as the customer is provided with a parking space in the hotel garage or in a hotel car park – whether free of charge or for a fee – this does not result in a custody contract. The hotel is not liable for loss or damage to the vehicle or its contents.
(4) The hotel carries out wake-up calls with the greatest care. Claims for damages are excluded.
(5) Messages, mail and consignments for customers are handled with care. The hotel will take care of delivery, storage and – on request – forwarding for a fee. Claims for damages are excluded.
(6) The above limitations of liability and exclusions of liability do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel. Liability for damage resulting from injury to life, limb or health remains unaffected and is measured in accordance with the statutory provisions. This also applies to the mandatory provisions under the Product Liability Act, in the case of a guarantee given by the hotel and in the event of a breach of essential contractual obligations. Essential contractual obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer can regularly rely. In the event of a breach of essential contractual obligations, liability is limited to the replacement of typical, foreseeable damage.
VIII. Liability of the customer for damage
(1) The customer is liable for all damage to buildings or inventory in accordance with the statutory provisions.
(2) The hotel can require the customer to provide adequate security (e.g. deposits, guarantees).
IX. Final provisions
(1) Changes or additions to this contract must be in text form to be effective. Unilateral changes or additions by the customer are ineffective.
(2) The place of fulfillment and payment is the location of the hotel.
(3) The exclusive place of jurisdiction – also for check and exchange disputes – is the location of the hotel in commercial transactions.
(4) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods and private international law.
Hotel Fischerwiege GmbH & Co. KG,