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General Terms and Conditions Wine Hotel Rose

 

Dimbacher Straße 1

97332 Volkach

Mail: info@rose-volkach.de

1 Scope

1.1 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 to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of Section 651a BGB. The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

1.2 The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the hotel's prior consent in writing, whereby the right to termination is waived in accordance with Section 540 Paragraph 1 Sentence 2 BGB.

1.3 The customer's general terms and conditions only apply if this has been expressly agreed in writing.

 

2 Conclusion of contract, - partner

The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer's application. If you book via the hotel's own homepage, the contract is concluded by clicking on the “BOOK WITH PAYMENT” button.

 

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 hotel's agreed or applicable prices for the room rental and the other services used by him. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.

3.3 The agreed prices include taxes and local charges applicable at the time the contract is concluded. Local taxes that are owed by the guest according to local law, such as tourist tax, are not included. If there is a change in the statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.

3.4 If payment by invoice has been agreed, payment must be made without deductions within ten days of receipt of the invoice, unless otherwise agreed.

3.5 The hotel is entitled to demand an appropriate advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. If the customer defaults on payment, the statutory regulations apply.

3.6 In justified cases, for example the customer's payment arrears or an extension of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of Section 3.5 above, even after conclusion of the contract up to the start of the stay, or to increase the advance payment or security deposit agreed in the contract up to the full amount to demand the agreed remuneration.

3.7 The hotel is also entitled, at the beginning and during the stay, to demand an appropriate advance payment or security deposit from the customer within the meaning of Section 3.5 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Section 3.5 and/or Section 3.6 above was accomplished.

3.8 The customer can only offset or set off an undisputed or legally binding claim against a claim of the hotel.

3.9 The customer agrees that the invoice can be sent to him electronically.

4 Withdrawal/termination (“cancellation”) by the customer, non-use of the hotel’s services (“no show”)

4.1 A unilateral solution by the customer to the contract concluded with the hotel is only possible if a right of withdrawal was expressly agreed in the contract or a statutory right of withdrawal or termination exists.  

4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering any claims for payment or damages from the hotel. The customer's right of withdrawal expires if he does not exercise this in writing to the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired and there is no statutory right of withdrawal or termination, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must take into account the income from renting the rooms elsewhere as well as the saved expenses. If the rooms are not rented to someone else, the hotel can make a flat rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast as well as 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 to the required amount.

 

5 Cancellation of 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 inquiries from other customers about the contractually booked rooms and the customer responds to the hotel's inquiry with appropriate deadline does not waive his right to withdraw. This applies accordingly if an option is granted if there are other requests and the customer is not prepared to make a firm booking when asked by the hotel with a reasonable deadline.

5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.5 and/or Section 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if:

  • force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible; Rooms or rooms are culpably booked using misleading or false information or concealing essential facts;

  • The identity of the customer, the ability to pay or the purpose of the stay may be important;

  • the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of ​​the hotel;

  • the purpose or reason for the stay is unlawful;

  • there is a violation of Section 1.2 above.

5.4 The hotel's justified withdrawal does not constitute the customer's right to compensation. If the hotel has a claim for damages against the customer in the event of a withdrawal in accordance with paragraphs 5.2 or 5.3 above, the hotel can charge a flat rate for this. Section 4.3 applies accordingly in this case.

 

6 Room provision, handover and return

6.1 The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier availability.

6.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (price according to the price list) for its use beyond the contract until 4:00 p.m., and 90% from 4:00 p.m. This does not justify the customer's contractual claims. He is free to prove that the hotel has no or a significantly lower claim to usage fees. Furthermore, the hotel reserves the right to vacate the room and store the guest's belongings for a maximum of 6 months.

 

7 Liability of the hotel

7.1 The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of the hotel's typical contractual obligations. Typical contractual obligations are those obligations that make the proper execution of the contract possible and on whose fulfillment the customer trusts and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this Section 7. If disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and keep any possible damage to a minimum.

7.2 The hotel is liable to the customer for items brought in in accordance with the statutory provisions. The hotel recommends using 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 parking lot, even for a fee, this does not constitute a storage contract. If motor vehicles parked or maneuvered on the hotel property and their contents are lost or damaged, the hotel is only liable in accordance with Section 7.1, sentences 1 to 4 above.

7.4 Wake-up calls for which there is no guarantee will be carried out by the hotel with the greatest care. Messages for customers are handled with care. After prior agreement with the customer, the hotel can accept, store and - if requested - forward mail and consignments of goods for a fee. The hotel is only liable in accordance with Section 7.1, sentences 1 to 4 above.

 

8 Final provisions

8.1 Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. Unilateral changes or additions are invalid.

8.2 If the customer is a merchant or legal entity under public law, the exclusive place of jurisdiction is “97318 Kitzingen”. The hotel can choose to sue the customer at the customer's headquarters. The same applies to customers who do not fall under sentence 1 if they do not have their registered office or residence in an EU member state.

8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.4 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 (“OS platform”):

http://ec.europa.eu/consumers/odr/

However, the hotel does not take part in dispute resolution procedures before consumer arbitration boards.

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