General terms and conditions
of the Hotel Restaurant Jägerhaus
I. Scope of appicability
1. The present General Standard Terms and Conditions shall apply to any (leases and) hotel rooms for lodging purposes as well as to any further services provided by the hotel.
2. Sub-letting or re-letting of the provided rooms for purposes other than lodging requests written consent of the hotel. § 540 p. 1 sent. 2 BGB is not applicable if the customer is not user.
3. The customer's terms and conditions apply only if so agreed in advance in writing.
II. Conclusion of contract, contracting parties, limitation period
1. The contract comes into being upon the acceptance of the customer's application by its own descretion. The hotel mayconfirm the room reservation in writing.
2. The parties to the contract are the Hotel Jägerhaus and the customer. If a third party placed the order, then that party shall be liable vis-à-vis the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor with the customer.
3. Any and all claims by the customer shall be time-barred after one year starting from the beginning of the noticeable regular limitation period of § 199 Abs. 1 BGB. Claims for compensation are time-barred after five years. The time-barring reductions are not valid for claims based on a intent and gross negligence on the part of the hotel.
III. Performances, rates, payment, set-off
1. The hotel untertakes to keep the rooms reserved by the customer available, and to render the services which have been agreed in advance.
2. The customer is obliged to pay. The customer is obligated to pay the applicable or agreed hotel rates for rooms provided and for other services used. This also applies to the hotel’s services and outlays to third parties caused by the customer.
3. The agreed rates include relevant and statutory value-added tax. If there is a statutory increase of value-added tax included in the rates the hotel may appropriately adjust the agreed rates without prior consent of the customer. If the period between conclusion and fulfilment of the contract exceeds four months, and if the rate generally charged by the hotel for such services increases, then the hotel may raise the rate agreed by contract to a reasonable extent, but not by more than ten percent.
4. Furthermore, the hotel may change rates if the customer later wishes to make alterations in the number of reserved hotel rooms, the services of the hotel, or the length of the stay of customers, and the hotel consents to them.
5. Hotel bills bearing no settlement date have to be paid in full within ten days of receipt. At any time, the hotel is entitled to call in accruing amounts owed and to insist upon immediate payment. In case of delayed payment, the hotel may charge interest to the extent of eight percent, or for contracts involving end users of five percent above the basic interest rate. The customer and hotel reserve the right to provide evidence of lower or higher damages, respectively.
6. The hotel is entitled to insist upon an appropriate advance payment or security deposit upon conclusion of contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and dates for payment may be agreed in writing in the contract.
7. The customer may offset or reduce a claim made by the hotel only against an indisputable and legally binding claim.
IV. Recission by customer (cancellation)
1. Rescission of the contract concluded with the hotel by the customer requires the hotel’s written consent. If it is not granted on the part of the hotel, then the rate agreed in the contract must be paid even if the customer does not avail himself of contractual services. This does not apply in cases of delayed performance of the hotel or of impossibility of performance for which the hotel is at fault.
2. To the extent that the hotel and customer agreed upon in writing a date for rescinding the contract, the customer may rescind the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of rescission expires if he does not exercise his rescission right in writing vis-à-vis the hotel by the agreed date, to the extent there is no case of rescission by the customer according to number 1 sent. 3.
3. If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses.
4. At its own discretion, the hotel may require flat-rate compensation from the customer for damages incurred. Then the customer is obligated to pay ninety percent of the contractually agreed rate for lodging with or without breakfast, seventy percent for room and half-board, and sixty percent for room and full-board arrangements.
The customer is at liberty to prove that no damages were incurred or that the damages incurred by the hotel were lower than the flat-rate amount charged.
V. Rescission by hotel
1. In the event that a right of rescission within a certain period of time was agreed in writing for the customer, the hotel is entitled for its part to rescind the contract during that period if there are inquiries from other customers concerning the contractually reserved rooms and the customer does not waive his right of rescission when asked by the hotel.
2. If an agreed or according to no. III- 6 requested advance payment is not made even after a reasonable period of grace set by the hotel with warning of rejection has expired, then the hotel is likewise entitled to rescind the contract.
3. Furthermore, the hotel is entitled to effect an extraordinary rescission of the contract for a materially justifiable cause, for example if
4. The customer cannot derive any claim for compensation from justified rescission by the hotel.
VI. Room availability, delivery and return
1. The customer does not acquire the right to be provided specific rooms.
2. Reserved rooms are not available before 3.00 p.m. to the customer on the agreed arrival date. The customer does not have the right to earlier availability.
3. Rooms must be vacated and made available to the hotel no later than 12.00 noon on the agreed departure date. After that time, the hotel may charge 50 percent of the full accommodation rate (list price) in addition to damages so incurred for the additional use of the room until 6.00 p.m. (after 6.00 p.m. 100 percent). The customer is at liberty to prove to the hotel that it incurred no or much lesser damages.
VII. Liability of the hotel
1. The hotel assumes liability for the due care and diligence of a prudent merchant. However, its liability is limited to performance defects in non-typical service areas, damages, consequent damages, and faults or defects resulting from intent or gross negligence on the part of the hotel. Should faults or defects of the hotel’s services occur, the hotel will endeavour to remedy the situation when the hotel is notified of this or upon the customer’s immediate notification of the defect or fault. The customer undertakes to contribute reasonable assistance in remedying the fault and minimising any possible damages.
2. The hotel’s liability towards the customer’s property brought into the hotel is in accordance with the statutory provisions, i.e. up to one hundred times the room rate, not to exceed EUR 3.000,00, and up to EUR 800,00 for cash and valuables, cash and valuables up to a maximum value of EUR .. may be stored in the hotel safe at the reception. The hotel recommends to make use of this facility. Liability claims expire unless the customer immediately notifies the hotel after learning of the loss, destruction or damage to the hotel. (Civil Code section 703). Unlimited liability of the hotel is governed by the statutory provisions no1, sec. 2-4.
3. Insofar as a parking space is provided to the customer in the hotel car park or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is charged. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s premises or its contents, excepting cases of intent or gross negligence.
4. Wake-up calls are carried out with the greatest possible diligence. Messages, mail and merchandise deliveries for hotel guests are handled with care. The hotel will deliver, hold and for a certain fee forward such items by request. Previous no. I, sec.2-4 are applicable.
VIII. Final provisions
1. Alterations or amendments to the contract, the acceptance of order or these General Standard Terms and Conditions for Hotel Accommodation should be made in writing.
Unilateral changes and amendments by the customer are not valid.
2. Place of performance and place of payment is the hotel’s registered seat.
3. The sole court of jurisdiction – including for check and exchange disputes – for commercial transactions is the registered seat of the hotel. In as much as one contracting party fulfils the requirements of the section 38, paragraph 1of the Code of Civil Procedure and does not have a general court of jurisdiction within the country, the court of jurisdiction is the hotel’s registered seat.
4. The contract shall be governed by and construed in all respects in accordance with the laws of the Federal Republic of Germany. UN trading law and collision Law is not applicable.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become null and void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall be applicable.
This text is for the better understanding of our general terms and conditions. Legally binding are only the German "Allgemeine Geschäftsbedingungen".