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GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AGBH 8.1)

1 SCOPE OF APPLICATION

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). They do not apply to package holidays within the meaning of § 651a BGB. The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby the right of cancellation pursuant to § 540 paragraph 1 sentence 2 BGB is waived.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form.

2 CONCLUSION OF CONTRACT, CONTRACT PARTNERS, LIMITATION PERIOD

2.1 The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. In the case of bookings made via the hotel’s own homepage, the contract is concluded by clicking on the button “BOOK WITH PAYMENT”.
2.2 The hotel is free to confirm the room booking in text form.
2.3 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages expire after five years. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services utilised by the customer. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor’s tax.
In the event of a change in the statutory value added tax or the introduction, change or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion and fulfilment of the contract exceeds four months.
3.4 The hotel may withhold its consent to a subsequent reduction
reduction in the number of rooms booked,
the hotel’s services or the length of the customer’s hotel’s services or the length of the customer’s stay on the condition that the that
the price for the rooms and/or for the hotel’s other services increases.
3.5 If payment on account has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall apply if the customer is in default of payment.
3.7 In justified cases, e.g. if the customer is in arrears with payment or if the scope of the contract is extended, the hotel shall be entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of Section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit within the meaning of the above Section 3.5 from the customer at the beginning and during the stay for existing and future claims arising from the contract, insofar as such has not already been made in accordance with the above Section 3.5 and/or Section 3.6.
3.9 In justified cases, e.g. payment arrears of the customer, the hotel is entitled to refuse further services.
3.10 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.
3.11 The customer agrees that the invoice may be sent to him electronically.

4 WITHDRAWAL/CANCELLATION (“CANCELLATION”) BY THE CUSTOMER NON-USE OF THE HOTEL’S SERVICES (“NO SHOW”)

4.1 Unilateral cancellation by the customer of the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract or if a statutory right of withdrawal or cancellation exists.
4.2 Cancellation by the customer of the contract concluded with the hotel requires the hotel’s consent in text form. If this is not given, the agreed price from the contract must be paid even if the customer does not utilise contractual services.
4.3 If the hotel and the customer have agreed on a date for cancellation of the contract free of charge, 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 it in text form vis-à-vis the hotel by the agreed date.
4.4. If a right of cancellation has not been agreed or has already expired and there is also no statutory right of cancellation or termination, the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
4.5 The right to cancel the contract concluded with the hotel expires 30 days before the contractually agreed date of arrival. Note: In accordance with Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of cancellation does not apply to hotel bookings. The hotel’s cancellation conditions apply.

5 CANCELLATION BY THE HOTEL

5.1 If it has been 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 there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel with a reasonable deadline. This applies accordingly if an option is granted, if other enquiries are received and the customer is not prepared to make a firm booking upon enquiry by the hotel within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.5 and/or Clause 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if
• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
• rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
• the hotel has justified cause to believe that the use of the service may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organisation;
• the purpose or reason for the stay is unlawful;
• there is a breach of the above-mentioned clause 1.2.
5.4 The justified cancellation by the hotel does not constitute a claim for damages on the part of the customer. Should the hotel have a claim for damages against the customer in the event of cancellation in accordance with the above Section 5.2 or 5.3, the hotel may charge a lump sum. Clause 4.4 shall apply accordingly in this case.

6 ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer is not entitled to the provision of specific rooms unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (price according to the price list) for the late vacating of the room for its use in excess of the contract until 13:00, and 100% from 13:00. 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.

7 LIABILITY OF THE HOTEL

7.1 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 which 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. Typical contractual obligations are those obligations which make the proper fulfilment of the contract possible in the first place and on the fulfilment of which the customer relies and may rely. 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 occur in the hotel’s services, 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.
7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in 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.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care.
Messages for customers are handled with care. By prior arrangement with the customer, the hotel may accept, store and – on request – forward mail and consignments for a fee. The hotel shall only be liable in this respect in accordance with the above clause 7.1, sentences 1 to 4.

8 FINAL PROVISIONS

8.1 Amendments and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.
8.2 The place of fulfilment and payment is the location of the hotel.
8.3 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be the location of the hotel. However, the hotel may also choose to sue the customer at the customer’s place of business. The same applies to customers who do not fall under sentence 1 if they are not domiciled or resident in a member state of the EU.
8.4 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.
8.5 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.
8.6 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
Hotel Kesslermühle GmbH