GTC
GENERAL TERMS AND CONDITIONS (HOTEL ACCOMMODATION CONTRACT)

 

I. Scope of application

1. these terms and conditions apply to hotel accommodation contracts and all other services and deliveries provided by the hotel for the guest.

2. deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, shall not apply unless they are expressly recognized by the hotel in text form.expressly recognized by the hotel in text form.

 

II Conclusion of contract, partners

1. upon a booking request by the guest, a hotel accommodation contract (hereinafter referred to as “contract”) is concluded between the respective operating company of the hotel and the guest with a corresponding booking confirmation from the hotel.

2. the contractual partners are the hotel and the guest. If a third party makes the booking on behalf of the guest, he shall be liable to the hotel as the ordering party together with the guest as joint and several debtors for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the ordering party. Irrespective of this, each customer is obliged to forward all information relevant to the booking, in particular these General Terms and Conditions, to the guest.

3. the subletting and re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form.

 

 

III. services, prices, payment, offsetting

1. the hotel is obliged to keep the rooms booked by the guest available in accordance with these General Terms and Conditions and to provide the agreed services.

2. the guest is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses incurred by the hotel vis-à-vis third parties at the request of the guest or the customer. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the guest's arrival exceeds four months and if, after the conclusion of the contract, the statutory value-added tax or any applicable local taxes and duties increase or if new local taxes and duties are introduced, the hotel reserves the right to increase the agreed prices by the amount by which the applicable value-added tax or local taxes and duties have increased or by the amount of the newly introduced local taxes and duties.

3. the hotel may make its consent to a reduction in the number of rooms booked, the hotel's services or the length of the guest's stay requested by the guest after conclusion of the contract dependent on the price for the rooms and/or for the hotel's other services being increased.

4. invoices of the hotel are due for payment immediately upon receipt without deduction. The hotel may demand immediate payment of due claims from the guest at any time. The Guest shall be in default at the latest if he does not make payment within 30 days of the due date and receipt of an invoice; this shall only apply to a Guest who is a consumer if these consequences have been specifically pointed out in the invoice.
The hotel may charge a reminder fee of € 5.00 per reminder for each reminder after default has occurred.
 

5. the hotel is entitled to demand a reasonable advance payment or security deposit from the guest upon conclusion of the contract in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the payment dates may be agreed in text form in the contract.

6. in justified cases, e.g. payment arrears of the guest or extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit within the meaning of the above paragraph 5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration even after conclusion of the contract until the beginning of the stay.

7. the hotel is further entitled to demand a reasonable advance payment or security deposit within the meaning of the above paragraph 5 from the guest 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 paragraph 5 and/or paragraph 6.

8. the guest may only offset an undisputed or legally established claim against a claim of the hotel.
 

 

IV Withdrawal of the Guest, Cancellation

 

1. the hotel grants the guest a right of withdrawal at any time.

The following provisions apply:

a) In the event that the guest withdraws from the booking, the hotel is entitled to reasonable compensation.

b) The hotel has the option of claiming compensation from the guest in the form of a flat-rate compensation fee instead of a specifically calculated compensation fee. The flat-rate compensation shall amount to 90% of the contractually agreed price for overnight stays with or without breakfast, 70% of the contractually agreed price for overnight stayscontractually agreed price for overnight stays with half board and 60% of the contractually agreed price for overnight stays with full board arrangements. The guest is at liberty to prove that the hotel has suffered no loss or that the loss incurred by the hotel is less than the lump-sum compensation demanded.

c) If the hotel calculates the compensation specifically, the maximum amount of compensation shall be the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.

2. the above provisions on compensation shall apply accordingly if the guest does not make use of the booked room or the booked services without informing the hotel in good time.

3. 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 shall not be entitled to compensation. Decisive for the timeliness of the declaration of withdrawal is its receipt by the hotel. The guest must declare the withdrawal in text form.

 

V. Withdrawal by the hotel

1. insofar as the guest has been granted a right of withdrawal free of charge in accordance with Section IV (3), the hotel is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests regarding the booked rooms and the guest does not waive his right of withdrawal free of charge in accordance with Section IV (3) upon inquiry by the hotel.

 

2. if an advance payment or security deposit agreed or demanded in accordance with Clause III (5) and/or (6) above is not made even after a grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

3. furthermore, the hotel is entitled to withdraw from the contract, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- rooms are booked with misleading or false statements of material facts, e.g. regarding the identity of the guest or the purpose of the stay;
- the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
- there is an unauthorized subletting or re-letting pursuant to Clause II para. 3;
- there is a case of Section VI Para. 3;- the hotel becomes aware of circumstances that the financial circumstances of the guest have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk;                                                                  - the guest has filed an application for the opening of insolvency proceedings against his/her assets, has submitted a statement of assets in accordance with Section 802c of the German Code of Civil Procedure, has initiated out-of-court debt settlement proceedings or has stopped making payments;                                                                                                                                                      - insolvency proceedings are opened against the guest's assets or the opening of such proceedings is rejected due to lack of assets.

4. the hotel must inform the guest immediately in text form of the exercise of the right of withdrawal.

5. in the aforementioned cases of withdrawal, the guest shall not be entitled to claim damages.

 

 

 
VI Arrival and departure

1. the guest does not acquire any claim to the provision of specific rooms, unless the hotel has confirmed the provision of specific rooms in text form.

2. booked rooms are available to the guest from 3 p.m. on the agreed day of arrival. The guest is not entitled to earlier availability.

3. booked rooms must be occupied by the guest by 6 p.m. at the latest on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hotel has the right to reallocate booked rooms after 6 p.m. without the guest being able to derive any claims for compensation from this. In this respect, the hotel has a right of withdrawal.

4. 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 € 10.00 per hour or part thereof for the additional use of the room until 6.00 p.m. in addition to the damage incurred by the hotel as a result; from 6.00 p.m. 100% of the full valid accommodation price. The guest is at liberty to prove to the hotel that no damage or significantly less damage was incurred.
 

 

 

VII Liability of the hotel, statute of limitations

1. should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy the situation upon immediate complaint by the guest. If the guest culpably fails to notify the hotel of a defect, the guest shall not be entitled to a reduction of the contractually agreed remuneration.

2. the hotel shall be liable in accordance with the statutory provisions for all damages resulting from injury to life, body and health as well as in the event of the assumption of a guarantee by the hotel and in the event of fraudulently concealed defects.

3. the hotel shall only be liable for all other damages not covered by clause VII para. 2 and caused by slightly negligent conduct on the part of the hotel, its legal representatives or its vicarious agents if these damages are attributable to the breach of an obligation typical for the contract. In such cases, liability shall be limited to the foreseeable damage typical for the contract.

4. the above limitations of liability apply to all claims for damages regardless of their legal basis, including claims in tort. The above limitations and exclusions of liability shall also apply in cases of any claims for damages by a guest against employees or vicarious agents of the hotel. They shall not apply in cases of liability for a defect following the assumption of a guarantee for the quality of an item or a work, in the event of fraudulently concealed defects or in the event of personal injury.

5. the hotel shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but not exceeding € 3,500.00. For valuables (cash, jewelry, etc.) this liability is limited to € 800.00. The hotel recommends that guests make use of the possibility of storage in the room or central hotel safe.

6. if the guest is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel has no duty of supervision. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed from the hotel at the latest when the vehicle leaves the hotel premises.

7. wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.

8. messages, mail and consignments of goods for guests are handled with care. The hotel will take care of the delivery, storage and - on request - forwarding of the same for a fee and, on request, also for lost property. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost and found office after a storage period of one month at the latest and to charge a reasonable fee.

 

9. claims for damages by the guest shall become time-barred at the latest after two years from the time at which the guest becomes aware of the damage or, irrespective of this knowledge, at the latest after three years from the time of the damaging event. This does not apply to liability for damages resulting from injury to life, limb or health or for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.

 

 

 

 

VIII. Vouchers

1. general
The vouchers offered on the hotel's website represent a non-binding invitation to submit a purchase offer; the ordering of an online voucher by the guest represents a binding purchase offer that is accepted by Hotel Schloss Reinach GmbH & Co. KG; a legally binding purchase contract is created between the guest and the hotel. The prices quoted include any statutory value added tax. The voucher is ordered online using the voucher eCommerce system incert.
Each voucher is provided with a clearly assignable and forgery-proof voucher code via the incert eCommerce system. When purchasing online, the guest has the option of printing out the voucher directly at home; several printouts are possible, but only one printout can be redeemed. The hotel will redeem the first voucher with the corresponding voucher code that it receives. The hotel is not obliged to check the ownership of vouchers with the redeemer. If further vouchers with the same code are presented, this constitutes misuse and will be prosecuted.

2 Payment and delivery
The guest has the option of paying for online vouchers by credit card, via Paypal or on account. In the case of purchase on account, the provisions listed under III. para. 4 apply.

Once payment for the purchased voucher has been received, it will be sent to the guest by the hotel; any postage costs incurred will be borne by the guest. Vouchers are sent by e-mail without any postage charges.
If the voucher is sent by post, the hotel accepts no liability for any delays in delivery. If the voucher comes into the guest's possession before payment has been made to the hotel, the voucher shall only become valid once payment has been made in full. The hotel reserves the right to withhold the values or services contained in the voucher until full payment has been made.

3. validity
Vouchers are valid for one year from the date of issue and can be redeemed on request and after prior reservation. After consultation with the hotel, the validity period of the voucher can be extended; this must be done in writing. Any price increases must be paid directly to the hotel. 
Lost vouchers will not be replaced by the hotel.

4 Change of service, cash redemption, invoicing, partial redemption

All vouchers issued by the hotel (value vouchers and service vouchers) can in principle also be redeemed for all possible hotel services. A cash payment of a voucher value or residual value is not possible. An invoice showing VAT in accordance with the statutory provisions can only be issued once the service has actually been provided (voucher redemption). Only a payment voucher can be issued for voucher purchases.
If a voucher is only partially redeemed, the guest will receive a receipt for the difference as a remaining balance on the voucher. There is also no cash payment of the remaining value.

5 Guest data
The hotel is entitled to collect, process and store the guest data required in the course of the voucher order in accordance with the law.

6 Right of withdrawal
For every voucher purchase, the guest has the option to cancel within 24 hours of purchase. The revocation must be made in writing and directly to the hotel. If the revocation is made within the specified period and in the specified form, any payment already made will be reversed. The voucher whose purchase has been revoked shall consequently lose its validity.  

 

 

 

IX Final provisions

1. amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation should be made in text form. Unilateral amendments or additions by the guest are invalid.

2. place of performance and payment is the registered office of the hotel.

3. place of jurisdiction is - if the contractual partner of the hotel is a merchant or legal entity under public law - the registered office of the hotel or, at the hotel's discretion, Baden-Baden.If the contractual partner of the hotel does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. However, the hotel is also entitled to bring actions and other legal proceedings at the guest's general place of jurisdiction. The hotel is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

4. the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

5. 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. Otherwise, the statutory provisions shall apply.

 

 
Status: January 2021
Schloss Reinach GmbH & Co. KG