General Terms and Conditions

1. scope of application

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, and other tourist services.
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.
The customer’s terms and conditions shall only apply if this has been agreed in advance.

2. conclusion of contract, contract partner, liability, limitation period

The contract is concluded upon acceptance of the customer’s application by the hotel.
The contractual partners are the hotel and the customer.
If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
The hotel is liable for its obligations arising from the contract.
In the area not typical for the service, liability is limited to intent and gross negligence on the part of the hotel.
The limitation period for all customer claims is 6 months.
This limitation of liability and short limitation periods shall also apply in favor of the hotel in the event of breach of obligations in the initiation of the contract and positive breach of contract.

3. services, prices, payment, offsetting

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 applicable or agreed prices of the hotel for the room rental and the other services used by him.
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 fulfillment of the contract exceeds 4 months and if the prices generally charged by the hotel for such services increase, the hotel may raise the contractually agreed price appropriately, but by no more than 10%.
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 duration 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 claims due at any time and to demand immediate payment.
In the event of late payment, the hotel is entitled to charge interest at a rate of 4% above the respective discount rate of the Bundesbank.
The customer reserves the right to prove lower damages, the hotel reserves the right to prove 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 tours.
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 a claim of the hotel with an undisputed or legally binding claim.

4. withdrawal of the customer

Withdrawal by the customer from the contract concluded with the hotel requires the hotel’s written consent.
If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services.
This does not apply in the event of a delay in performance by the hotel or an impossibility of performance for which the hotel is responsible.
If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel.
The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless there is a case of default on the part of the hotel or an impossibility of performance for which it is responsible.
If rooms are not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved.
Agreed room rentals shall be charged in the same way as reserved rooms.
The amount of the room rental is stated in the order confirmation.
The hotel is free to charge a lump sum for the damage incurred and to be compensated by the customer.
The customer is then obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast and 70% for half-board.
The customer is at liberty to prove that no damage was incurred or that the damage incurred by the hotel is lower than the lump sum demanded.

5. withdrawal of the hotel:

If the customer’s right to withdraw from the contract within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel.
If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a threat of refusal has expired, the hotel is also entitled to withdraw from the contract.
Furthermore, the hotel is entitled to extraordinary withdrawal from the contract for objectively justified reasons, for example if
1. force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract.
2. the supply of gas is no longer possible due to an official order or it will no longer be possible to maintain hotel operations due to energy bottlenecks
3. rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose
4. the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization.
5. There is a violation of paragraph 1 no. 2 above.
In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.

6. 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 3 p.m. on the agreed day of arrival.
The customer is not entitled to earlier availability of the rooms.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12 noon at the latest.
Thereafter, the hotel may charge 50% of the full accommodation price (list price) for additional use of the room until 6 p.m. in addition to the damage incurred by the hotel, and 100% from 6 p.m. onwards.
The customer is at liberty to prove to the hotel that it has incurred no or significantly less damage.

7 Liability of the hotel

If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, 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 maneuvered on the hotel property and their contents, except in cases of intent or gross negligence.
This also applies to vicarious agents of the hotel.

8. final provisions

Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing.
Unilateral amendments or additions by the customer are invalid.
The place of performance and payment is the hotel’s registered office.
Place of jurisdiction: For any disputes arising from this contract and its fulfillment, the jurisdiction of the court at the place of business is agreed, as far as legally permissible.
Should individual provisions of these General Terms and Conditions for Hotel Accommodation 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.

Oberstdorf, the 18.08.2022