General Terms and Conditions for the Hotel Accommodation Contract (Accommodation Contract) at the Wohlfühlhotel Alte Rebschule

I. Scope of application

  1. These terms and conditions apply to contracts for the rental of hotel rooms for the accommodation of guests and to all other related services and deliveries provided by the hotel.
  2. Any deviating provisions, including those contained in the guest's or customer's general terms and conditions, shall not apply unless expressly accepted by the hotel in writing.


II. Conclusion of contract / Contracting parties

  1. Upon reservation of a room by the guest, the accommodation contract is concluded with the corresponding booking confirmation from the hotel. If a written booking confirmation is not possible due to time constraints, the contract is concluded upon provision of the room.
  1. The contracting parties are the hotel and the guest. If a third party places the order for the guest, they are liable to the hotel as the ordering party together with the guest as joint and several debtors for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the ordering party. Irrespective of this, every ordering party is obliged to pass on all booking-relevant information, in particular these general terms and conditions, to the guest.
  1. The subletting and re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel.


III. Services, prices, payment, offsetting

  1. The hotel is obligated to keep the rooms booked by the guest available in accordance with these general terms and conditions and to provide the agreed services. The respective price list with the respective rates and service descriptions is authoritative. Otherwise, services and rates are subject to change.
  1. The guest is obligated to pay the hotel's applicable or agreed prices for the provision of the room and any other services used by him. This also applies to services and expenses incurred by the hotel vis-à-vis third parties at the instigation of the guest or the person who made the reservation.
  1. The guest does not acquire any right to the provision of specific rooms. If the agreed rooms are not available, the hotel is obliged to endeavor to provide equivalent replacement accommodation in the hotel or in another property.
  1. Booked rooms are available to guests from 3:00 p.m. on the agreed arrival date. The guest has no right to earlier availability. Unless a later arrival time has been expressly agreed, the hotel reserves the right to reallocate booked rooms after 6:00 p.m. without the guest being entitled to claim compensation. In this respect, the hotel has a right of withdrawal.

On the day of departure, rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest, unless a later departure time has been agreed, in which case a charge may apply.

  1. The agreed prices include the applicable statutory value added tax. Changes to the proportional value added tax rate shall be borne by the guest, regardless of the date on which the contract was concluded.
  1. If the period between the conclusion of the contract and the provision of services exceeds 180 days and the price generally charged by the hotel for such services increases, the hotel may adjust the contractually agreed price accordingly.
    1. Hotel invoices are payable immediately upon receipt without deduction, in cash, by EC card, or by credit card (Visa or Mastercard). The acceptance and selection of credit cards is at the discretion of the hotel in each individual case upon presentation of a credit card. Checks, credit cards, and other means of payment are only accepted on account of performance.
    1. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date can be agreed in writing in the contract. The hotel is also entitled to demand immediate payment of any claims accrued during the guest's stay by issuing an interim invoice at any time.
    1. The guest may only offset or reduce a claim by the hotel with undisputed or legally established claims.


    IV. Cancellation by the guest, withdrawal

    1. Cancellation of a confirmed reservation must be agreed with the hotel and requires written confirmation. If this is not provided, the agreed price from the contract must still be paid even if the guest does not make use of the contractual services. This does not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests, and interests of the guest, if the guest can no longer be reasonably expected to adhere to the contract as a result, or if the guest is entitled to any other statutory or contractual right of withdrawal.
    1. Guests may cancel their contract free of charge up to four weeks prior to arrival. Up to two weeks prior to arrival, the hotel will charge guests 50% of the agreed price; up to one week prior to arrival, 80% of the agreed price. This also applies in the event of no-shows or early departures.
    1. For rooms not used by the guest, the hotel shall credit the income from renting the rooms to other parties as well as the expenses saved.


    V. Withdrawal by the hotel

    1. If the guest has been granted a free right of withdrawal, the hotel is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests about the booked rooms and the guest does not finally confirm the booking upon inquiry by the hotel.
    1. If an advance payment or security deposit agreed in accordance with Section III. 8. is not made within the specified period, the hotel is also entitled to withdraw from the contract.
    1. Furthermore, the hotel is entitled to withdraw from the contract for good cause, in particular if
    1. force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract,
    2. the rooms, areas, or spaces provided are sublet or rented out by the guest without the prior written consent of the hotel,
    3. the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardize the smooth running of the business, the safety, or the public image of the hotel, without this being attributable to the hotel's sphere of control or organization.
    1. The hotel must immediately inform the guest in writing of the exercise of the right of withdrawal.
    1. In the aforementioned cases of withdrawal, the guest shall not be entitled to compensation.


    VI. Loss or damage to items brought along

    1. Personal items brought into the hotel are at the guest's own risk. The hotel accepts no liability for the loss, destruction, or damage of these items, except in cases of gross negligence or intent on the part of the hotel, including its vicarious agents.
    1. Any items brought onto the premises must comply with fire safety regulations. The hotel may request official proof of this from guests.
    1. Any items brought with them must be removed from the rooms and the hotel immediately upon departure. If the guest fails to do so, the hotel is entitled to remove and store the items at the guest's expense. If the items remain in the hotel, the hotel may charge a fee for the duration of their stay. The guest reserves the right to prove that the damage was lower, and the hotel reserves the right to prove that the damage was higher.


    VII. Liability of the hotel

    1. Should any disruptions or deficiencies occur in the hotel's services, the hotel will endeavor to remedy the situation immediately upon receiving a complaint from the guest.

    If the guest culpably fails to report a defect to the hotel, there shall be no entitlement to a reduction in the contractually agreed remuneration.

    1. Claims for damages by the guest are excluded. This does not apply to damages resulting from injury to life, limb, or health if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by the hotel, and damages resulting from an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent.
    1. The above limitations of liability shall not apply in cases of liability for a defect after assumption of a guarantee for the quality of an item or a work, or in cases of fraudulently concealed defects.
    1. If a parking space is provided to the guest in a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel is also not obliged to monitor the parking space. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel premises or their contents, unless the hotel, its legal representatives, or its vicarious agents are guilty of intent or gross negligence. In this case, the damage must be reported to the hotel at the latest when leaving the hotel premises.
    1. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages are excluded, except in cases of gross negligence or intent.
    1. Messages, mail, and goods sent to guests will be handled with care. The hotel will deliver, store, and, upon request, forward such items for a fee. Liability for loss, delay, or damage, except in cases of gross negligence or intent, is excluded.


    VII. Final provisions

    1. Any changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the guest are invalid.
    1. The place of performance and payment is the registered office of the hotel in Rhodt unter Rietburg.
    1. The exclusive place of jurisdiction for commercial transactions—including disputes relating to checks and bills of exchange—is the registered office of the hotel. However, the hotel is also entitled to bring legal action and other legal proceedings at the guest's general place of jurisdiction.

    If a contractual partner fulfills the requirements of § 38 (2) ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

    1. The law of the Federal Republic of Germany applies. In commercial transactions, the application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.
    1. Should individual provisions of these general terms and conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions.
    1. In all other respects, the statutory provisions shall apply.

General Terms and Conditions for Conferences and Events at the Wohlfühlhotel Alte Rebschule

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