GTC General terms and conditions of business

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AGBH) FREIZEIT-UNTERNEHMENSGESELLSCHAFT MBH KÜNZELL & CO. BÄDER PARK KG

I. SCOPE

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
The subletting or further rental 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 Section 540 Paragraph 1 Sentence 2 of the German Civil Code is waived if the customer is not a consumer.

The customer's general terms and conditions only apply if this has been expressly agreed beforehand.

II. CONCLUSION OF CONTRACT, CONTRACTUAL PARTNER, LIMITATION PERIOD

The contract is concluded by accepting the offer - which was made by the hotel to the customer at his request -; the customer and the hotel are the contractual partners. The hotel is free to confirm the room booking in text form.

The contractual partners are the hotel and the customer. If a third party has made a reservation for the customer, he is jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

All claims against the hotel generally expire within one year from the start of the statutory limitation period (Section 199 Paragraph 1 of the German Civil Code). Claims for damages expire in five years regardless of knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages expire in ten years regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. SERVICES, PRICES, PAYMENTS, SET-OFFS

The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
The customer is obliged to pay the hotel's agreed or applicable prices for the provision of the room and the other services used by him. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local charges that the guest himself owes under the respective local law, such as tourist tax. If the statutory sales tax changes or local charges on the service object are introduced, changed or abolished after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.
The hotel can make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the customer's length of stay, requested by the customer, dependent on the price for the rooms and/or for the hotel's other services increasing.
Hotel invoices are payable and due immediately upon receipt of the invoice without a due date and without deduction. The hotel can demand immediate payment of outstanding amounts from the customer at any time. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest of currently 8.12% (as of July / 2018) or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove that the damage is greater.
The hotel is entitled to demand an appropriate advance payment or security from the customer in the form of a credit card guarantee, a deposit or similar upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security for package tours, the statutory provisions remain unaffected. If the customer defaults on payment, the statutory regulations apply.
In justified cases, e.g. if the customer defaults on payment or if the scope of the contract is expanded, the hotel is entitled to demand an advance payment or security deposit within the meaning of No. 6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after the contract has been concluded and up to the start of the stay.
The hotel is also entitled to demand an appropriate advance payment or security deposit within the meaning of No. 6 above from the customer at the start and during the stay for existing and future claims arising from the contract, provided that such a payment has not already been made in accordance with Nos. 6 and/or 7 above.
The customer can only offset or set off a claim against a claim of the hotel with an undisputed or legally binding claim, which requires the hotel's consent in writing.

IV. CHANGE IN THE VAT RATE OR OTHER TAXES / LEVELS / CHARGES (E.G. LEVEL UP OF A BED TAX)

The agreed prices include the taxes and local charges applicable at the time the contract is concluded. This does not include local charges that the guest is required to pay under the respective local law, such as tourist tax. If the statutory VAT rate changes or local charges are introduced, changed or abolished (e.g. if the introduction of a bed tax is decided) on the service object after the contract is concluded, the prices will be adjusted accordingly.

V. CUSTOMER WITHDRAWAL (CANCELLATION) / FAILURE TO USE THE HOTEL'S SERVICES (NO SHOW)

A customer's withdrawal from the contract concluded with the hotel requires the hotel's consent in writing. If this is not done, the agreed price from the contract must be paid even if the customer does not use the contractual services. The customer has the right to cancel his individual reservation free of charge up to 6 p.m. on the day before arrival. For arrangements, the deadline for free cancellation is up to 3 days before arrival.
If a date for free withdrawal from the contract has been agreed between the hotel and the customer in writing, the customer can withdraw from the contract up to that date without triggering any payment or compensation claims from the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal to the hotel in writing by the agreed date.
If the customer does not use the rooms, the hotel must take into account the income from renting these rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel can demand the contractually agreed remuneration and make a flat-rate deduction for the hotel's saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight stays with breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount.

VI. WITHDRAWAL BY THE HOTEL

If it was contractually agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive his right to withdraw when asked by the hotel. This applies accordingly when an option is granted if there are other requests and the customer is not prepared to make a firm booking when asked by the hotel.
If an advance payment or security deposit agreed upon or requested above in accordance with Section III numbers 6 and/or 7 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
The hotel is also entitled to withdraw from the contract for good cause for objectively justified reasons, for example if:
- force majeure or other circumstances beyond the hotel's control make it impossible to fulfil the contract; - rooms or spaces are booked negligently using misleading or false information or by concealing essential facts; the identity of the customer, ability to pay or the purpose of the stay can be important in this case; - the hotel has reasonable grounds to believe that the use of the hotel's services could endanger the smooth running of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation; the purpose or reason for the stay is illegal; - there is a violation of Section I No. 2 above. If the hotel withdraws for legitimate reasons, the customer is not entitled to compensation. VII. ROOM AVAILABILITY, HANDOVER AND RETURN The customer is not entitled to the provision of specific rooms unless this has been expressly agreed in writing. Booked rooms are available to the customer from 2 p.m. on the agreed arrival day. The customer is not entitled to earlier provision. Unless a later arrival has been expressly agreed or the room in question has been paid for in advance, the hotel has the right to allocate booked rooms to other guests after 6 p.m. without the customer being able to derive any claim against the hotel from this. On the agreed departure day, the rooms must be vacated and made available to the hotel by 10 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for use of the room beyond the contractual time until 6 p.m. and 100% from 6 p.m. onwards due to the late departure from the room. This does not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to usage fees.

VIII. LIABILITY OF THE HOTEL

The hotel is liable for damages for which it is responsible resulting from injury to life, body or health. It is also liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. If disruptions or defects in the hotel's services occur, the hotel will endeavour to remedy the situation upon knowledge of them or upon immediate complaint by the customer. The customer is obliged to do what is reasonable to remedy the disruption and to minimise any possible damage.
The hotel is liable to the customer for items brought in in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
If the customer is provided with a parking space in the hotel's own parking garage or in a hotel car park, even for a fee, this does not constitute a storage contract; otherwise, the parking garage regulations posted in the hotel's own parking garage apply. The hotel is not liable for the loss or damage of motor vehicles parked or maneuvered on the hotel's property and their contents, except in cases of intent or gross negligence. The provisions of number 1, sentences 2 to 3 above apply accordingly to the exclusion of the customer's claims for damages.
Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and shipments of goods for guests are handled with care. The hotel undertakes delivery, storage and - if requested - forwarding of the same for a fee. The regulation of the above number 1, sentences 2 to 3 applies accordingly to the exclusion of claims for damages by the customer.

IX. FINAL PROVISIONS

Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid.

The place of performance and payment as well as the exclusive place of jurisdiction - also for check and bill disputes - in commercial transactions is Fulda. If a contractual partner meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Fulda.

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

Should individual provisions of these general terms and conditions for hotel accommodation be or become invalid or void, this does not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.

Status: August 8, 2018
(These general terms and conditions supplement previous versions.)