Terms for Alpenrose Bayrischzell Hotel and Restaurant
Bergspitz operation GmbH, Schlierseer Strasse 6, 83735 Bayrischzell, telephone 08023-819306
– hereinafter referred to as “Hotel” –
1.1 The following terms and conditions apply to contracts for the rental use of hotel rooms, for the sheltering and meeting and any service provided to the guest for other services provided by the hotel.
1.2 other regulations are only valid if they have been agreed between the hotel and the guest.
2. conclusion of contract
2.1 the Hotel accommodation contract (accommodation Agreement ) comes about by the guest an application to write (room reservation), which is accepted by the hotel. the assumption is made by a confirmation of the room reservation. the confirmation of the room reservation may be made verbally, in writing, by telephone or e-mail.
2.2 If the Booking of rooms by a third party for the guest, he is liable to the hotel, together with the guest, as jointly and severally responsible for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration by the third party.
2.3 The subcontracting and re-letting of the rooms and their use for purposes other than the accommodation are subject to the prior written consent of the hotel.
3. Prices and services
3.1 The Hotel is obliged to have the booked rooms available according to these terms and conditions and to provide the agreed services.
3.2 The guest is obliged to pay the prices of the hotel which are valid or agreed upon for the room transfer and the additional services used by him. This also applies to third-party services and expenses incurred by the guest or by the customer.
3.3 The agreed prices include the respective statutory value-added tax.
3.4 The prices can be changed by the hotel if the guest wishes to make changes to the number of rooms booked, the hotel’s performance or the duration of the guests’ stay, and the hotel agrees to this.
3.5 Invoices of the hotel are payable immediately after receipt without deduction. The delay shall be due if the guest does not pay within 14 days after the due date and receipt of an invoice; This applies to a guest who is a consumer, only if these consequences have been particularly pointed out in the invoice. In the case of a delay in payment, the hotel is entitled to charge default interest of 5% above the base rate. In commercial transactions, the interest rate is 8% above the base rate. The hotel reserves the right to assert a higher damage. For each reminder after delay, the hotel can charge a fee of 25 EUR.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or afterwards. The amount of the advance payment and its maturity can be agreed in writing in the contract. The hotel is also entitled to make any claims accrued during the stay of the guest in the hotel by submitting an interim invoice at any time and to demand immediate payment.
3.7 The guest can only offset or reduce an undisputed or legally established claim against a claim of the hotel.
4. Not used services, cancellation, resignation of the guest
4.1 The Hotel grants to the Guest any timely withdrawal right one. The following conditions apply:
– In case of withdrawal of the guest of the booking, the hotel is entitled to reasonable compensation.
– The hotel has the option to claim a reimbursement fee against the guest instead of a concrete calculated compensation. The cancellation rate is 90% of the contractually agreed price for overnight stays with or without breakfast. The guest is free to prove that the hotel is not harmed or the damage to the hotel is lower than the compensation fee required.
– If the hotel calculates the compensation in concrete terms, the amount of the compensation is max. The amount of the contractually agreed price for the service to be provided by the hotel, deducting the value of the expenses saved by the hotel as well as what the hotel acquires through other uses of the hotel services.
4.2 The above regulations regarding the compensation apply accordingly, if the guest does not make use of the booked room or the booked services to the hotel in good time.
4.3 The claim for compensation, if the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences, the hotel has no claim for compensation. The access to the hotel is decisive for the timeliness of the declaration of withdrawal. The guest must declare the rescission in writing.
5. Cancellation of the hotel
5.1 If the guest at the accommodation contract a free right of withdrawal under Clause was given 4.3, the hotel is also entitled to withdraw within the agreed period of the contract if inquiries by other guests to the reserved rooms and the guest upon inquiry by the hotels The booking is not definitively confirmed.
5.2 If an advance payment or security deposit agreed in accordance with section 3.6 is not made within a time limit set for this purpose, the hotel is also entitled to withdraw from the contract.
5.3 A right of withdrawal for important reason from the contract shall be unaffected. There is a particular case
– make it impossible to force majeure or other circumstances beyond the hotel is not the performance of the contract;
– rooms are booked with misleading or false indication of essential facts, eg regarding the person of the guest or the purpose;
– the hotel has reasonable grounds to believe that the use of the hotel’s services could jeopardize the smooth operation, security or prestige of the hotel in the public without being attributable to the hotel’s sphere of control or organization;
– unauthorized subletting or re-letting is in accordance with section 2.3;
– there is a case under point 6.3;
– the hotel becomes aware of circumstances that the guest’s financial situation deteriorated significantly after the conclusion of the contract, in particular if the guest does not compensate for the hotel’s claims due or does not offer adequate security and therefore the payment claims of the hotel are at risk;
– the guest has filed an application for insolvency proceedings against his property, has given an affidavit under section 807 of the Civil Procedure Code, initiated an out-of-court debt settlement procedure, or ceased payments;
– an insolvency proceeding concerning the property of the guest is opened or the opening of the guest is rejected for lack of mass or for other reasons.
5.4 The hotel shall immediately notify the guest in writing of the right to rescind the contract.
5.5 In the aforementioned cases of rescission, the guest is not entitled to compensation for damages.
6. Arrival and departure
6.1 The Guest is not entitled to be provided specific rooms unless the Hotel has confirmed the provision of specific rooms in writing.
6.2 Booked rooms are available from 3 pm on the agreed arrival day. The guest has no claim to earlier provision.
6.3 The booked rooms are to be used by the guest no later than 9 pm of the agreed arrival day. Unless a later arrival time has been expressly agreed, the hotel has the right to allocate booked rooms after 9 pm otherwise the guest can not derive any compensation claims from this. The hotel has a right of rescission to this extent.
6.4 On the agreed day of departure, the rooms are to be vacated by the hotel at 11 am at the latest. Thereafter, the hotel will be able to charge 50% of the full booking price for the additional use of the room from 12 noon. The guest is free to prove to the hotel that no or a significantly lower damage has occurred.
7.1 The hotel is liable in cases of intent or gross negligence in accordance with statutory provisions. The hotel is only liable for slight negligence because of injury to life, body or health or due to the violation of essential contractual obligations. The claim for damages for the slightly negligent violation of essential contractual obligations, however, is limited to the type of contract foreseeable, foreseeable, insofar as it is not due to injury to life, body or health. The organizer is liable to the same extent for the fault of the vicarious agents and representatives.
7.2 The provisions of the preceding paragraph (8.1) extend to damages in addition to the performance, compensation in lieu of the performance and the claim for compensation due to futile expenses, irrespective of the legal grounds, including liability for defects, delay or impossibility.
7.3 Insofar as the guest is provided with a car parking space, there is no obligation to monitor the hotel, unless this has been agreed individually in writing in a deposit agreement.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Compensation claims, except for gross negligence or intent, are excluded.
7.5 Messages, mails and guest deliveries are treated with care. The hotel accepts the delivery, storage and – upon request – for the remittance of the same and on request also for funds. Compensation claims, except for gross negligence or intent, are excluded. The hotel is entitled to transfer the above-mentioned items to the local fund office after a one-month storage period with a reasonable fee.
7.6 The statute of limitations of the claims of the guest shall be subject to statutory provisions.
8. Final provisions
The law of the Federal Republic of Germany.