Landhotel Hexenwinkel
Schweizerstrasse 10–12
75446 Wiernsheim

1 SCOPE OF APPLICATION

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel to the customer in this context (“hotel accommodation contract”). The term ‘hotel accommodation contract’ encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

1.2 The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior consent of the hotel in writing, whereby the right of termination in accordance with Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived.

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

 

2 CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES

2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. When booking via the hotel’s own website, the contract is concluded by clicking on the ‘BOOK (NOW)’ button.

2.2 All claims against the hotel shall generally become time-barred one year after the start of the statutory limitation period. This shall not apply to claims for damages and other claims if these are based on an intentional or grossly negligent breach of duty by the hotel.

 

3 SERVICES, PRICES, PAYMENT, SET-OFF

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 agreed or applicable hotel prices for the provision of rooms and any 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 the taxes and local charges applicable at the time of conclusion of the contract. Local charges that are payable by the guest himself according to the respective local law, such as visitor’s tax, are not included.

In the event of a change in the statutory value added tax or the introduction, change or abolition of local charges on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion of the contract and the performance of the contract exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the length of stay requested by the customer dependent on an appropriate increase in the price of the rooms and/or other services provided by the hotel.

3.5 If payment on account has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.

3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the event of default of payment by the customer, the statutory provisions shall apply.

3.7 In justified cases, for example in the event of payment arrears on the part of the customer or an extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 or an increase in the agreed advance payment or security deposit up to the full agreed remuneration.

3.8 The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of clause 3.6 for existing and future claims arising from the contract, insofar as this has not already been provided in accordance with clause 3.6 and/or clause 3.7.

3.9 The customer may only offset or set off a claim against a claim by the hotel if the claim is undisputed or has been legally established.

3.10 The customer agrees that the invoice may be sent to them electronically.

 

4 WITHDRAWAL/CANCELLATION (‘CANCELLATION’) BY THE CUSTOMER NON-UTILISATION OF THE HOTEL’S SERVICES (‘NO SHOW’) 

4.1 Unilateral termination of the contract concluded with the hotel by the customer is only possible if a right of withdrawal has been expressly agreed in the contract, if there is a statutory right of withdrawal or termination, or if the hotel expressly agrees to the cancellation of the contract.

4.2 If a date for free cancellation has been agreed between the hotel and the customer, the customer may cancel up to this date without any payment or compensation claims. The right of cancellation expires if it is not exercised in writing by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired and there is also no statutory right of withdrawal or termination, the hotel retains the right to the agreed remuneration despite the service not being used. The hotel must offset income from renting the rooms to other parties and any expenses saved. If the rooms are not rented to other parties, the hotel may charge a flat rate for saved expenses. In this case, the guest is obliged to pay 100% of the contractually agreed price for the overnight stay (including breakfast, if booked). The guest is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.

 

5 WITHDRAWAL BY THE HOTEL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if other customers have made enquiries about the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel with a reasonable deadline. This shall apply mutatis mutandis in the event of an option being granted if other enquiries are received and the customer is not prepared to make a firm booking upon enquiry by the hotel with a reasonable deadline. 

5.2 If an advance payment or security deposit agreed or requested in accordance with clause 3.6 and/or clause 3.7 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 for objectively justified reasons, in particular if

– force majeure or other circumstances beyond the hotel’s control make it impossible to fulfil the contract; 

– rooms or spaces are booked culpably under misleading or false information or by concealing essential facts; essential facts may include the identity of the customer, their solvency or the purpose of their stay; 

– the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the safety or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation;

– the purpose or occasion of the stay is unlawful; 

– there is a violation of the above clause 1.2. 

5.4 The hotel’s justified withdrawal does not entitle the customer to claim damages. If, in the event of withdrawal in accordance with clauses 5.2 or 5.3 above, the hotel has a claim for damages against the customer, the hotel may charge a flat rate. Clause 4.3 applies accordingly in this case.

 

6 ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer shall not be entitled to the provision of specific rooms unless this has been expressly agreed in writing. 

6.2 Booked rooms are available to the customer from 3:30 p.m. on the agreed day of arrival. The customer has no right to earlier provision. 

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:30 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (price according to the price list) for use of the room beyond the contractual period until 6:00 p.m. and 90% after 6:00 p.m. This does not justify any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.

 

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable for damages for which it is responsible resulting from injury to life, limb or health. Furthermore, it shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations that enable the proper execution of the contract in the first place and on the fulfilment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation upon becoming aware of it or upon immediate notification by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimise any possible damage. 

7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. 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 car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel shall only be liable in accordance with the provisions of clause 7.1, sentences 1 to 4 above. 

7.4 Messages for customers will be handled with care. After prior consultation with the customer, the hotel can accept, store and, on request, forward mail and goods shipments for a fee. The hotel shall only be liable in this respect in accordance with the above clause 7.1, sentences 1 to 4.

 

8 FINAL PROVISIONS 

8.1 Amendments and additions to the contract, the acceptance of applications or these General Terms and Conditions must be made in writing. Unilateral amendments or additions are invalid. 

8.2 The place of performance and payment as well as the exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange – in commercial transactions is the location of the hotel. If the customer fulfils the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.

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

8.4 In accordance with its 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 (‘ODR platform’): http://ec.europa.eu/consumers/odr/ However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.