GENERAL TERMS AND CONDITIONS FOR THE HOTEL CONTRACT (AGBH)


1 SCOPE OF APPLICATION
2 CONCLUSION OF CONTRACT, PARTNER, PERIOD OF PREPAYMENT
3 SERVICES, PRICES, PAYMENT, SETTLEMENT 4 CUSTOMER CANCELLATION (CANCELLATION, CANCELLATION) / NO CLAIM OF THE SERVICES OF HOTELS (NO SHOW)
5 RESERVATION OF THE HOTEL
6 ROOM PROVISION, DELIVERY AND RETURNS
7 LIABILITY OF THE HOTEL
8 FINAL PROVISIONS

1 SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the leasing of hotel rooms for accommodation as well as all other services and deliveries of the hotel (hotel accommodation contract) provided to the customer in this context. The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the provided rooms and their use for purposes other than accommodation requires the hotel's prior written consent , § 540 sentence 1 sentence 2 BGB is waived, as far as the customer is not a consumer.
1.3 General terms and conditions of the customer apply only if this has been expressly agreed.

2 CONCLUSION OF CONTRACT, PARTNER, PERIOD OF PREPAYMENT
2.1 Contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer's request by the hotel. The hotel is free to confirm the room reservation in writing.
2.2 All claims against the hotel expire in principle one year from the statutory limitation period. Compensation claims become statute-barred in five years, unless they are based on an injury to life, limb, health or freedom. These claims for damages become statute-barred in ten years. The limitation periods do not apply to claims based on intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, BILLING
3.1 The hotel is obliged to keep the rooms reserved by the customer available and to provide the agreed services.
3.2 The customer is obliged to provide the rooms and the agreed by him used further services agreed or applicable prices of the hotel to pay. This also applies to services provided by the customer directly or via the hotel, which are provided by third parties and are provided by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract was concluded. Not included are local taxes, which are owed by the guest according to the local law, such as visitor's tax. In the event of a change in the statutory sales tax or the new introduction, modification or abolition of local taxes on the subject matter after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months.
3.4 The hotel may agree to a subsequent reduction of the number of booked rooms, the hotel's service or the duration of the stay Make customers dependent on the price of the rooms and / or other services of the hotel being increased.
3.5 Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel can demand the immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, upon conclusion of the contract by the customer. The amount of the advance payment and the payment dates can be agreed in text form in the contract. For prepayments or security payments for package holidays, the statutory provisions remain unaffected.
3.7 In justified cases, for example, payment arrears of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, an advance payment or security in the sense 3.6 The Hotel shall also be entitled, at the beginning and during the stay, to provide the Customer with an appropriate advance payment or security as defined in paragraph 3.6 above to claim for existing and future claims under the contract, as far as such has not already been made in accordance with section 3.6 and / or section 3.7 above.
3.9 The customer may only with an undisputed or final claim against a debt de s Charge or charge hotels.

4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, CANCELLATION) / NO CLAIMING OF THE SERVICES OF THE HOTEL (NO SHOW)
4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal in the contract was expressly agreed , another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible agreement to a contract cancellation should be made in text form.
4.2 If a date for the free cancellation of the contract between the hotel and the customer has been agreed, the customer can withdraw from the contract until then, without payment - or claim for damages of the hotel. The right of withdrawal of the customer expires if he does not exercise his right to rescind the hotel by the agreed date.
4.3 If a right of withdrawal is not agreed or already extinguished, there is also no legal right of withdrawal or termination and the hotel agrees to a cancellation of the contract the hotel reserves the right to the agreed remuneration despite non-use of the service. The hotel has to take into account the income from other rental of the rooms as well as the saved expenses. If the rooms are not otherwise rented, the hotel may charge the deduction for expenses saved. In this case, the customer is obliged to pay at least 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 has not arisen or not in the required amount.

5 WITHDRAWAL 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 in this period in turn entitled to withdraw from the contract, if there are inquiries from other customers to the contracted rooms and the customer on request of the hotel with reasonable deadline on his right to resign.
5.2 The hotel is also entitled to withdraw from the contract in accordance with section 3.6 and / or clause 3.7 agreed or demanded advance payment or security deposit even after the expiry of a reasonable grace period set by the hotel.
5.3 Furthermore, the hotel is entitled to objectively justified Reason to withdraw from the contract, especially if
- Higher wgt old or other circumstances beyond the hotel's control make fulfillment of the contract impossible;
- rooms or rooms culpably booked under misleading or false information or concealment of material facts; the customer's identity, solvency or purpose of residence may be material;
- the hotel has reason to believe that the use of the service may jeopardize the smooth operation, safety or reputation of the hotel in public without this being attributable to the domain or organization of the hotel;
- the purpose or reason for the stay is unlawful;
- there is a violation of 1.2 above.
5.4 The justified cancellation of the hotel does not constitute a claim of the customer for damages.

6 ROOM PROVISION, DELIVERY AND RETURN 6.1 The customer does not acquire the right to provide certain rooms unless otherwise expressly agreed.
6.2 Reserved rooms are available from 15:00 onwards agreed arrival day available. The customer is not entitled to prior provision.
6.3 Rooms must be vacated by 12 noon on the agreed day of departure. Thereafter, the hotel may charge 50% of the full room rate (list price) until 6:00 pm due to the delayed eviction of the room for its contractually agreed use, and from 18:00 o'clock 90%. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a much lower entitlement to the user fee.

7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages caused by injury to life, limb or health. 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 contractual obligations of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause 7. In the event of any disruption or defect in the services provided by the hotel, the hotel will make every effort to remedy the situation, if the customer knows or is promptly notified. The customer is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize any possible damage.
7.2 The hotel is liable for the delivered goods in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to contribute 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 retention agreement with the hotel.
7.3 Insofar as the customer has a parking space in the hotel garage or on the hotel parking lot, also for a fee, is made available, this does not constitute a custody agreement. In the event of loss or damage to motor vehicles and their contents parked or shunted on the hotel property, the hotel is only liable in accordance with section 7.1, sentences 1 to 4 above.
7.4 Wake-up calls are executed with the utmost care by the hotel. Messages, mail and merchandise for guests are treated with care. The hotel will take over the delivery, storage and - if desired - for a fee the forwarding of the same. The hotel is only liable in accordance with section 7.1, sentences 1 to 4 above.

8 FINAL PROVISIONS
8.1 Amendments and additions to the contract, the acceptance of an application or these General Terms and Conditions shall be made in writing. Unilateral changes or additions by the customer are ineffective.
8.2 Place of performance and place of payment and exclusive place of jurisdiction - also for check and bill of exchange disputes - is Baiersbronn in commercial traffic. Insofar as a contractual partner fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Baiersbronn.
8.3 German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods and the conflict of laws rules is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Incidentally, the statutory provisions apply.

 

Gruppenreisen Baden Württemberg

Touristik.ORG Siegel 2018

Hotel Krone Baiersbronn

Owner: Urban Keim

Freudenstädter Strasse 32  trenner1  72270 Baiersbronn

Phone: 0 74 42 / 8 41 10  trenner1  Fax: 0 74 42 / 44 08

E-mail: info@krone-baiersbronn.de

© 2019 Hotel  Krone

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