General terms and conditions

 

 

1 SCOPE OF VALIDITY

1.1 These terms and conditions of business apply to all contracts that are concluded regarding the letting of hotel rooms for lodging purposes, as well as all further goods and services provided by the hotel to customers in this regard (hotel agreement). The term "hotel agreement" encompasses and replaces the following terms: Lodging contract, guest accommodation contract, hotel contract and hotel room contract.

1.2 The sub-letting or subleasing of the rooms provided, as well as their use for purposes other than lodging purposes, requires the prior written agreement of the hotel, whereby § 540 clause 1 paragraph 2 BGB (German Civil Code) is excluded insofar as the customer is not the consumer.

1.3 The general terms and conditions of the customer are only applicable if this has been expressly agreed in advance.


2 CONTRACTUAL CONCLUSION, CONTRACT PARTNERS, LIMITATION

2.1 The contract partners are the hotel and the customer. The contract comes into effect through acceptance of the customer's application by the hotel. The hotel is entitled to confirm the room reservation in writing.

2.2 All claims against the hotel fall time-expired one year after the statutory limitation period commences. This does not apply in case of claims for damages and other claims, where such claims are based on malice or gross negligence on the part of the hotel in relation to an obligation infringement.


3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The hotel is obligated to keep the rooms booked by the customer available and to deliver the agreed services.

3.2 The customer is obligated to pay the agreed or valid prices of the hotel for the rooms provided to him and any further services that he avails of. This also applies to services commissioned directly by the customer or via the hotel, which are delivered by a third party and passed on by the hotel.

3.3 The prices agreed are inclusive of the valid taxes and local duties applicable at the time of contractual conclusion. Not included are local duties that are payable by the guest themselves depending on the respective municipal legislation, e.g. visitor's taxes. In the event of a change in the rate of statutory VAT or the introduction, amendment or cancellation of local duties applicable to the service object after contractual conclusion, the prices shall be adjusted accordingly. In case of contracts with consumers, this only applies if the period between contractual conclusion and contract fulfilment exceeds four months.

3.4 The hotel is able to make its agreement to a customer's retrospective request for a reduction in the number of reserved rooms, the hotel service, or the duration of the customer's stay dependent on an increase in the price of the room and/or the further services of the hotel.

3.5 Hotel invoices without a due date fall payable within ten days of receipt of the invoice without deductions. The hotel is able to demand the immediate settlement of due payments by the customer at any time. In the event of delayed payment on the part of the customer, the legal regulations apply. The hotel reserves the right to claim for higher losses with proof of the same.

3.6 The hotel is entitled to demand an appropriate deposit payment or security at the time of contractual conclusion, for example a credit card guarantee. The deposit amount and payment deadlines can be agreed in writing in the contract. In case of deposit payments or securities for package breaks, the legal provisions remain unaffected. In the event of delayed payment on the part of the customer, the legal regulations apply.

3.7 In justified cases, for example with payment arrears on the part of the customer or an expansion to the contract scope, the hotel is entitled to demand a deposit payment or security in accordance with the previous clause 3.6, or increase the deposit payment or security agreed in the contract up to the full price agreed, after contractual conclusion and up to commencement of the stay.

3.8 Furthermore, the hotel is entitled to demand an appropriate deposit payment or security from the customer in accordance with the previous clause 3.6, upon commencement of the stay and during the stay, for existing and future receivables arising from the contract, insofar as this has not yet been provided in accordance with the previous clause 3.6 and/or clause 3.7.

3.9 The customer is only entitled to offset or settle receivables of the hotel against receivables that are legally effective or undisputed.


4 The customer is only entitled to offset or settle receivables of the hotel against receivables that are legally effective or undisputed.

4.1 Withdrawal by the customer from the contract agreed with the hotel is only possible if the right of withdrawal has been expressly agreed in the contract, or if any other legal right to withdraw exists, or if the hotel expressly agrees to cancelling the contract. Agreement regarding a right to withdraw, as well as any agreement to contract cancellation, should be set out in writing.

4.2 If the hotel and customer have agreed a deadline for a free-of-charge withdrawal from the contract then the customer is entitled to withdraw from the contract until this point, without triggering any claims for payment or compensation on the part of the hotel. The customer's right to withdraw expires if he does not exercise this right to withdraw against the hotel by the agreed deadline.

4.3 If a right to withdraw has not been agreed or has already expired, and if there is no legal right to withdraw or right of cancellation and the hotel does not agree to a cancellation of the contract then the hotel reserves the right to demand the agreed payment despite a failure to avail of the service. The hotel is required to offset any alternative letting of the rooms, as well as any expenditure that is saved. If the rooms are not otherwise let then the hotel is permitted to estimate the discount for any expenditure saved. In this case, the customer is obligated to pay at least 90% of the contractually agreed price for accommodation with or without breakfast, as well any package offers with external services, 70% for half board and 60% for full board packages. The customer is entitled to prove that the amount per the aforementioned demand is not applicable, or that it is not applicable to the full extent.


5 WITHDRAWAL BY THE HOTEL

5.1 Insofar as it has been agreed that the customer is entitled to withdraw free of charge from the contract within a certain period of time, the hotel is equally entitled to withdraw from the contract during this period, if inquiries by other customers arise regarding the contractually booked rooms and the customer does not renounce his right to withdraw within an appropriate period of time upon inquiry by the hotel.

5.2 If a deposit payment or security agreed or demanded in accordance with clause 3.6 and/or clause 3.7 is not forthcoming, also after an appropriate period of grace has been granted by the hotel, then the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract with justified extraordinary grounds, in particular in the event of

  • force majeure or any other reasons not attributable to the hotel, which make it impossible for the hotel to satisfy the contract;
  • rooms or bedrooms being booked where culpably misleading or incorrect information is provided or where important facts are withheld; in this regard, important may be the identity of the customer, the creditworthiness or the purpose of the stay;
  • the hotel having good reason to suspect that utilisation of the services may endanger the seamless running of operations, the safety or public image of the hotel, without this being attributable to the controlling or organisational division of the hotel;
  • The purpose or occasion of the stay being illegal;
  • An infringement of clause 1.2 above existing.

5.4 The rightful withdrawal of the hotel does not constitute grounds for the customer to claim compensation.


6 ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer does not gain any entitlement to the allocation of specific rooms, insofar as this has not been expressly agreed.

6.2 Reserved rooms are available to the customer from 2.00 pm on the agreed date of arrival. The customer has no entitlement to earlier access.

6.3 On the agreed date of departure, the hotel rooms must be cleared and vacated by 10.00 am at the latest. After this time, the hotel is entitled to charge 50% of the full accommodation price (list price) up to 6.00 pm and 90% from 6.00 pm for a delayed vacating of the room, for its use over and above the contract. This does not result in grounds for contractual entitlements on the part of the customer. The customer is entitled to prove the hotel's entitlement to a reduced fee for use / no entitlement whatsoever.


7 LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for damages resulting from injury to life, limb and health, for which it is culpable. Furthermore, it shall be liable for any other damages that arise due to malicious or grossly negligent infringements of contractual obligations on the part of the hotel, or malicious or negligent infringements of contract-typical obligations on the part of the hotel. An infringement of obligations on the part of the hotel includes infringements by a legal representative or vicarious agent. Further claims for compensation are excluded unless otherwise stipulated in this clause 7. If the services of the hotel should be deficient or defective then the hotel shall endeavour to remedy this upon awareness or with an immediate complaint by the customer. The customer is obligated to make reasonable effort to assist in remedying the deficiency and keep any possible damage to a minimum.

7.2 The hotel shall be liable to the customer for property in accordance with the legal provisions. The hotel recommends use of the hotel or room safe. Insofar as the guest wishes to bring with them cash, securities and valuables with a value in excess of EUR 800 or any other property with a value in excess of EUR 3500, this requires a separate storage agreement with the hotel.

7.3 Insofar as the customer is provided with a parking space in the hotel garage or in the hotel car park, also for a fee, this does not result in a safekeeping contract. In the event of loss or damage to any vehicles parked or manoeuvring on the hotel site, as well as their contents, the hotel shall only be liable in accordance with clause 7.1, paragraphs 1 to 4 above.

7.4 Wake-up services shall be handled with the greatest care by the hotel. Messages, post and the sending of goods for guests shall be handled diligently. The hotel shall be happy to deliver, store and - on request - forward on (subject to a fee) the same. The hotel shall only be liable in this regard in accordance with clause 7.1, paragraphs 1 to 4 above.


8 FINAL PROVISIONS

8.1 Changes and supplements to the contract, the application acceptance or these general terms and conditions must be made in writing. Unilateral changes or supplements, implemented by the customer, are ineffective.

8.2 The place of fulfilment and payment, and the sole place of jurisdiction - also for cheque and bill of exchange disputes - is Illmensee for commercial business. Insofar as one contracting partner fulfils the preconditions of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general domestic place of jurisdiction, Illmensee shall be the place of jurisdiction. Unless otherwise indicated in the order, our place of business is the place of fulfilment.

8.3 German law applies. The application of UN sales law and the conflict of laws is excluded.

8.4 If individual provisions of these general terms and conditions should prove to be or become unworkable or invalid, this shall not affect the validity of the remaining provisions of this contract. Furthermore, the legal regulations apply.

 

Hotline

Rezeption1
Ms Heinzelmann

personal - fast - direct
Tel: +49 (0) 7555 92100

Opening times
Our restaurant is
open daily from
7.00 am to approx. 11.00 pm
hot food served all day until 9.30 pm

sterne

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