1.These Terms and Conditions apply to contracts for the letting of hotel rooms for accommodation and to all other customer-related activities and services provided by the Thermenhotel Stöbinger Hof (hereinafter referred to as “the Hotel”).
2.Sub-contracting or sub-letting of rooms, together with their use for any purposes other than accommodation, require the prior written approval of the Hotel, whereby Article 540 paragraph 1 clause 2 of the German Civil Code (BGB) will be waived.
II. Contract agreement, contracting parties and limitations
1.The contract becomes valid when the Hotel accepts the customer’s application. If the Hotel makes the customer a firm offer, then the contract takes effect with the customer’s acceptance of the Hotel’s offer. Room bookings should be confirmed in writing.
2.The contracting parties are the Hotel and the customer. If a third party has placed a reservation on behalf of the customer, the customer and the third party shall be jointly liable to the Hotel for all obligations arising from the Hotel Accommodation Contract, insofar as the third party shall provide the Hotel with an appropriate statement to this effect.
3.As a matter of principle, all claims made by the customer and/or the third party against the Hotel shall lapse 1 year after their declaration which initiates the normal limitation period in accordance with Article 199 paragraph 1 of the German Civil Code.
Claims for compensation against the Hotel lapse at the latest after a term of 3 years from the dereliction of duty, dependent on the time of cognisance, and after a term of 10 years from the dereliction of duty, irrespective of the time of cognisance. These limitations do not apply
– in the event of claims arising from intent or gross negligence on the part of the Hotel and/or its vicarious agents.
– in the event of damages caused by negligence and arising from damage to life, limb or health.
In the event of material and financial damages caused by negligence, these limitation restrictions shall not apply in cases where a fundamental contractual duty has been breached. Fundamental contractual duties are duties, the fulfilment of which is substantial to the contract, and on which the customer may depend.
III. Services, tariffs, payment, offsetting
1.The Hotel is obliged to make available the rooms that the customer has reserved and to provide the services that have been agreed.
2.The customer is obliged to pay the current or agreed Hotel prices to hire the room and any other services he has made use of. This also applies to services and expenses that he requests the Hotel to make over against third parties. The agreed prices shall be understood to include taxes and local duties at the rates applicable at the time the contract was agreed. This does not include local duties, such as visitors’ tax, which, in accordance with the respective local legislation, the guest is liable to pay personally. In the event of an increase, subsequent to the contract agreement, in the statutory rate of turnover tax or the new introduction, alteration or repeal of local taxes or duties relating to the subject of the agreement, then the contractually agreed price may also be increased proportionately. In cases of contracts with consumers, this shall only apply should the period between the agreement of the contract and its fulfilment exceed 4 months.
3.The Hotel is entitled to take into account increased prices for rooms or other Hotel services when determining whether or to what extent to concur with subsequent customer wishes for a reduction in the number of rooms or Hotel services and/or the length of period booked by the customer.
4.Hotel invoices without a payment date are payable in full within 10 calendar days of receipt. The Hotel is entitled to demand payments outstanding at any time, and to require immediate payment. In the event of delay in payment, the Hotel is entitled to demand the appropriate legal late payment interest of 9% above the current basic interest rate, or 5% above the basic interest rate in the case of legal transactions involving the customer. Furthermore, the Hotel can charge a fee of EUR 5.00 for every reminder on payment arrears that it sends. The Hotel reserves the right to provide evidence of entitlement to a higher claim to damages.
5.When the contract is agreed, or subsequently in accordance with the legal regulations governing package holidays, the Hotel is entitled to request an appropriate advance or security deposit. The amount of advance payment and the payment deadlines may be agreed in writing in the contract.
6.In individual substantiated cases, e.g. customer payment arrears or extension of the scope of the contract, the Hotel is entitled, even after the contract has been agreed, to demand an advance payment or a security deposit in terms of paragraph 5 above, or to increase the contractually agreed advance payment and/or security deposit up to the full payment amount due.
7.The customer can only offset or reduce the Hotel’s payment demands by means of an unchallenged legal claim.
IV. Withdrawal of the customer (counter-order or cancellation) / failure to make use of the Hotels services (no show)
1.The customer’s withdrawal from a contract agreed with the Hotel is only possible if such right of withdrawal is expressly agreed in the contract, if some other statutory right of withdrawal applies, or if the Hotel expressly agrees to the cancellation of the contract. The agreement of a right to withdrawal and any such agreement to the cancellation of the contract should each be submitted in writing.
2.Provided that a date (optional) for withdrawal from the contract without penalty has been agreed between the customer and the Hotel, the customer may withdraw from the contract without penalty up to this date, without the Hotel making any claim for payment or compensation. The customer’s right to withdrawal is extinguished if he does not exercise his right to withdraw vis-à-vis the Hotel in writing by the agreed date.
3.If a right of withdrawal has not been agreed or has already expired, then no statutory right of withdrawal or cancellation shall be deemed to apply, and should the Hotel not agree to cancellation of the agreement, then the Hotel retains the right to claim the agreed payment even if the services have not been utilised. The Hotel is obliged to balance against its claim income from other rental made of the rooms and from expenses saved. If the rooms are not otherwise let, the Hotel is entitled to apply a flat rate reduction for expenditure saved. In such cases the customer is obligated to pay at least 90% of the contractually agreed price per room for overnight stays. Insofar as the Hotel calculates its actual losses, the maximum amount of compensation shall equal the contractually agreed price of the services to be supplied by the Hotel less the value of the expenditure saved by the Hotel together with the amount that the Hotel acquires through the alternative use of the Hotel’s services.
4.The compensation regulations referred to above shall apply accordingly if the customer does not claim the room or services he has reserved without informing the Hotel of this in good time (no show).
V. Withdrawal by the Hotel
1.Provided that the customer’s right to withdraw without penalty within a particular time period has been agreed in writing, the Hotel is also for its part entitled to withdraw without penalty within this time period if applications from other customers for rooms reserved under contract are to hand, and the customer does not waive his right to withdraw within 2 weeks of having been contacted to this end by the Hotel. In the event of the customer failing to respond within this deadline, the Hotel is entitled to withdraw.
2.The Hotel is also entitled to withdraw from the contract if an advance payment as agreed or as demanded in accordance with III. paragraph 5 is not made, even after an appropriate period of grace set by the Hotel has elapsed.
3.Furthermore, the Hotel is entitled to withdraw from the contract in exceptional circumstance, if so justified for well-founded reasons, especially in the event that
– an act of God or other circumstances beyond the control of the Hotel make the fulfilment of the contract impossible;
– rooms are booked giving a misleading or a false description of essential facts (e.g. in respect of the customer, financial solvency or the purpose of the accommodation);
– the Hotel has good grounds for supposing that the use of the Hotel services might jeopardise the smooth running of the Hotel’s operations, or the safety or the reputation of the Hotel in the public eye in a way that is beyond the control or scope of the Hotel’s organisation;
– there is any breach of I. paragraph 2.
4.If the Hotel justifiably withdraws, the customer shall have no right to claim for compensation.
VI. Provision, handing over and returning the room
1.Unless otherwise expressly agreed, the customer has no right to demand the provision of specific rooms.
2.The reserved rooms shall be available to the customer by 3:00 p.m. at the earliest on the agreed date of arrival. The customer has no right to demand that rooms should be provided earlier.
3.On the agreed date of departure, rooms must be vacated and at the Hotel’s disposal by 12:00 noon at the latest. If there is delay in vacating the room thVe Hotel may invoice for its use beyond the contract period up to 6:00 p.m. at 50% of the current daily letting price, and at 100% from 6:00 p.m. onwards. Any contractual claims made by the customer cannot be justified on these grounds. The customer is at liberty to provide evidence that the Hotel had no claim or a significantly lower claim on payment for its use. Moreover, the Hotel reserves the right to establish proof of and charge for a higher rate of compensation.
VII. Place of performance, place of jurisdiction, side agreements
1.Place of performance and payment for both parties is the place of the hotel’s business
2.German law shall be applicable
3.Place of jurisdiction is the hotel’s location
4.Should any provisions of contract, including these General Terms and Conditions of business, be ineffective, this shall not affect the effectiveness of the remaining provisions, The parties shall replace such ineffective provisions forthwith by an effective provision that approaches as closely as possible the purpose sought and its financial significance. The same applies if the contract should contain omissions.
VIII. Hotel's Liability
In priciple the hotel shall be liable in respect of all statutory and contractual claims only in case of intentional conduct or gross negligence.