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General Terms and Conditions (GTC)

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 (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract..

The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) is waived insofar as the customer is not a consumer..

The Customer's terms and conditions shall not apply unless expressly agreed in writing in advance.

Conclusion of contract, contractual partner, statute of limitations

The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the room reservation in writing..

The parties to the contract are the hotel and the customer. If a third party has placed the order on behalf of the customer, the third party shall be liable to the hotel as joint and several debtor with the customer 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 shall be subject to a limitation period of one year from the commencement of the statutory limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims which are based on an intentional or grossly negligent breach of duty by the hotel..

Services, prices, payment, offset

The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

The customer is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services utilised by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.

The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but by no more than 5%.

The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of the guests' stay and the hotel agrees to this.

Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.

The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates may be agreed in writing in the contract.

The customer may only offset or reduce an undisputed or legally binding claim against a claim of the hotel.

The hotel reserves the right to pre-authorise credit cards prior to arrival.

Withdrawal by the customer (cancellation)

The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract must be made in text form.

If the hotel and the customer have agreed in writing on a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation shall expire if he does not exercise his right of cancellation in writing vis-à-vis the hotel by the agreed date. After expiry of the free right of cancellation, the customer is obliged to pay the agreed compensation to the hotel.

If the customer unused rooms, the hotel must credit the income from renting the rooms and therefore for saved expenses.

The hotel is free to demand the contractually agreed compensation and to a flat rate for expenses saved. The customer is then obligated to pay at least 80% of the contractually agreed rate for lodging with or without breakfast. The customer is free to prove did the above-mentioned claimsoft what not created or not created in the amount demanded.

Withdrawal by Hotel

If the customer's right to cancel the contract free of charge within a certain period has been agreed in writing, the hotel is entitled to cancel the contract during this period and the customer does not waive his right to cancel the contract upon enquiry by the hotel within a reasonable period of time.

If an agreed or requested advance payment or security is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; rooms are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose; the hotel has justified cause to believe that the use of the hotel's services may jeopardise the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organisation.

In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

Room Provision, Handover and Return

The customer does not acquire any entitlement to the provision of specific rooms.

Booked rooms are available to the customer from 03:00 pm on the agreed day of arrival. The customer is not entitled to earlier availability.

On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 am at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room until 6.00 p.m., and 100% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.

Liability of the Hotel

The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is 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 by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects in the hotel's services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage. The hotel is not liable for noise pollution caused by events in the neighbouring hall.

The hotel shall be liable to the customer for items brought into the hotel in accordance with the law.

If the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, except in cases of intent or gross negligence.

Wake-up calls are carried out by the hotel with the utmost care. The acceptance of messages, post and consignments of goods for guests is at the discretion of the hotel.

Final Provisions

Amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

The place of fulfilment and payment as well as the exclusive place of jurisdiction - also for cheque and bill of exchange disputes - is the competent court.

German law shall apply. 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 be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

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End of asparagus season

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