General Terms and Conditions
We do our best to make your stay at our hotel a pleasant and relaxing one. Among other things, this includes drawing your attention to our range of services, our hotel’s philosophy and the values we stand for.
You can look forward to a well-kept, clean, well-appointed and spacious establishment. We can only make sure that this remains so for you and all of our guests with your support, and if you know what is expected of you during your stay in our hotel. For your information please find enclosed our General Terms and Conditions (Deemed accepted on check-in), which govern the contractual relationship between you as a guest and us as a service provider, and which you accept with binding and mandatory effect when you place your booking.
I. SCOPE OF APPLICATION
1.1 These General Terms and Conditions apply for contracts on provision of hotel rooms on a rental basis as accommodation, and other services rendered by the hotel (hotel accommodation contract). The term ‘hotel accommodation contract’ includes and replaces the following terms: Lodging, guest accommodation, hotel and hotel room contract as well as reservation confirmation.
1.2 Sub-letting or onward rental to third parties of the rooms provided, and their use for purposes other than for accommodation require prior written consent from the hotel.
1.3 Any general terms and conditions of the customer shall only be applicable if this is expressly agreed in writing in advance.
II. CONTRACT CONCLUSION & PARTNERS, STATUTE OF LIMITATIONS
2.1 The contract partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s request. The hotel is at liberty to confirm the room booking in text form.
2.2 All claims vis-à-vis the hotel shall expire one year after the beginning of the statutory period of limitations period. This shall also apply to claims for damages and other claims, provided they arise from an intentional or grossly negligent breach of duty on the part of the hotel.
III. SERVICES, PRICES, PAYMENT & OFFSETTING
3.1 The hotel is obliged to make available the rooms booked by the customer and to provide the services agreed.
3.2 The customer is obliged to pay the agreed or valid hotel rates for the provision of the room(s) and other services used. This shall also apply for services provided by third parties, which are booked by the customer, either directly or via the hotel, and paid for in advance by the hotel.
3.3 The prices agreed include the VAT rate valid on conclusion of the contract, as well as any local charges. (Prices do not include local charges payable by the guests themselves in accordance with the local communal law, such as visitor’s tax.) The prices shall be adapted accordingly in the event of changes to VAT or introduction, modification or elimination of local charges on the subject of the contract after conclusion of the contract. This shall only apply to contracts with consumers if the period between conclusion of the contract and performance of the contract is greater than four months.
3.4 The hotel can make its consent to a retroactive reduction in the number of rooms booked, the services provided by the hotel or the length of the customer’s stay contingent on an increase in the rate of the rooms and/or the other services provided by the hotel.
3.5 Hotel bills without due dates are payable immediately on departure. Hotel bills with due dates are payable within ten days of receipt of the invoice without deductions. The hotel can demand that the customer pay amounts owed at any time. If the customer defaults on payment, the legal regulations shall apply (dunning costs and default interest). The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand an appropriate advance payment or surety, e.g. an ID document, from the customer on conclusion of the contract. The amount of the advance payment and due dates can be agreed in writing in the contract. If the customer defaults on payment, the legal regulations shall apply as described under 3.5.
3.7 In justified cases, for example if the customer is in default or the scope of the contract is expanded, the hotel is entitled to demand an advance payment or surety as described in 3.6 above even after conclusion of the contract, or to increase the advance payment or surety agreed in the contract up to and including payment of the full contractual amount.
3.8 Moreover, the hotel is entitled to demand from the customer an appropriate advance payment or surety before arrival, at the start and during their stay, in accordance with point 3.6 above for existing and future payables arising from the contract, if and to the extent that a corresponding advance payment or surety has not already been provided in accordance with points 3.6 and/or 3.7 above.
3.9 The customer can only offset or charge payables to the hotel against undisputed or legally binding payables.
IV. WITHDRAWAL OF THE CUSTOMER (CANCELLATION) / FAILURE TO USE HOTEL SERVICES (‘NO SHOW’)
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal was expressly agreed in the contract, another legal right of withdrawal exists or if the hotel expressly accepts the termination of the contract. Rights of withdrawal and any approval of a termination of the contract must be agreed in writing.
4.2 Where the hotel and customer have agreed a deadline for withdrawal from the contract free of charge, the customer can withdraw from the contract free of charge until this time without resulting in claims for payment or damages on the part of the hotel. The customer’s right of withdrawal shall become void if they do not assert their rights to withdraw from the contract vis-à-vis the hotel by the agreed deadline.
4.3 If no such right of withdrawal has been agreed, or if the right has already expired, and there is no legal right of withdrawal or termination, and if the hotel does not agree to a cancellation of the contract, the hotel shall remain entitled to the agreed payment in spite of the failure to use the service. The hotel shall offset any income from alternative rental of the rooms and expenditures avoided. If the rooms are not rented to others, the hotel can set a flat rate for expenditures avoided. In such cases, the customer shall be obliged to pay at least 90% of the contractually agreed price for the stay with or without breakfast, as well as for packages with third-party services. The customer shall be at liberty to prove that the above claim did not arise, or did not arise to the amount asserted.
4.4 You can cancel your booking free of charge up to 28 days before arrival. Cancellations after this time or ‘no-shows’ will be charged 30% of the total price (up to 10 days before arrival) 50% of the total price (up to 5 days before arrival) and 90% of the total price (up to 2 days before arrival).
Guests who book our business package can cancel their booking free of charge up to 5 days before arrival. Cancellations after this time or ‘no-shows’ will be charged 30% of the total price (up to 2 days before arrival) and 50% of the total price (up to 1 day before arrival).
V. WITHDRAWAL BY THE HOTEL
5.1 If an agreement has been reached that the customer can withdraw from the contract within a specific period, the hotel in turn is entitled to withdraw from the contract in this period if other customers have enquired about the contractually booked rooms, and the customer does not waive their right of withdrawal after a request by the hotel with an appropriate notice period.
5.2 If an advance payment or surety agreed or demanded per 3.6 and/or 3.7 is not paid, even after expiry of an appropriate period of grace set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3 Moreover, the hotel is entitled to extraordinary withdrawal form the contract for materially justified reasons, in particular should force majeure or other circumstances for which the hotel is not responsible render fulfilment of the contract impossible; rooms are booked by culpably providing misleading or inaccurate information, or failure to disclose material facts; such material details or facts can include the identity of the customer, creditworthiness or the purpose of the stay; that the hotel has justified reason to assume that use of the service could endanger the smooth business operations, the security or the public reputation of the hotel, without these circumstances being attributable to the domain or organisational area of the hotel; the purpose and/or the reason for the stay is illegal, or there is a breach of 1.2 above.
5.4 Justified withdrawal by the hotel does not entitle the customer to claims for damages.
VI. PROVISION, RENDERING & RETURN OF ROOMS
6.1 The customer does not obtain any right to provision of specific rooms unless this was expressly agreed.
6.2 The rooms booked shall be available to the customer from 2 pm on the agreed day of arrival. The customer is not entitled to earlier provision of the rooms.
6.3 On the agreed day of departure, the rooms must be made available to the hotel again, empty, by 10:00 am at the latest. After such time, the hotel is entitled to invoice 50% of the full room rate for its use beyond the contractually agreed period until 6 pm, and 90% of the rate for departures after 6 pm. This is no grounds for contractual claims on the part of the customer. The customer is at liberty to prove that the use charge incurred by the hotel is materially lower.
VII. LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for damages attributable to it arising from injury to life, limb or health. Furthermore, the hotel shall be liable for other damages based on intentional or grossly negligent breaches by the hotel, or intentional or grossly negligent breaches of typical contractual duties of the hotel. Breaches by legal representatives or vicarious agents are tantamount to breaches by the hotel. Unless governed otherwise in 7.2, further claims for damages are excluded. Should there be problems or deficiencies in the hotel’s services, the hotel shall strive to rectify these on learning of them or immediate notification by the customer. The customer is obliged to provide reasonable assistance to rectify the problem and minimise any possible damage.
The hotel shall be liable for items brought into the hotel in accordance with the legal provisions. The hotel recommends that guests use the hotel safe (at reception). If the guest plans to bring money, securities and valuables worth more than € 800.00, or other items worth more than € 3,500.00, a separate storage agreement must be concluded with the hotel.
7.2 Provision of a parking space in the hotel’s car park to the customer, even in return for a fee, shall not be construed as a safekeeping contract. In the event of loss or damage of motor vehicles parked or moved on the hotel’s property, or the contents of such motor vehicles, the hotel shall only be liable in accordance with 7.1, clauses 1 to 4 above. The same shall also apply for use of the bicycle lockers.
7.3 The hotel takes great care to ensure that wake-up calls are made as requested. Messages, mail and shipments of goods for the guests shall be handled with care. The hotel shall deliver, store and – on request – forward such items in return for a fee. In this respect, the hotel shall only be liable in accordance with 7.1, clauses 1 to 4 above.
VIII. FINAL PROVISIONS
8.1 Amendments and supplements to this contract, acceptance of the request or these General Terms and Conditions must be made in writing. Unilateral amendments or supplements to the contract by the customer shall not be valid.
8.2 The place of performance and payment shall be Landhotel Kräuterberg’l Kreischa, Rosenstraße 31, 01731 Kreischa.
8.3 The exclusive place of jurisdiction for commercial transactions – including disputes based on cheque and exchange disputes – shall be Dresden District Court, at the registered office of Achte RP Verwaltungs GmbH, c/o Landhotel Kräuterberg’l, Rosenstraße 31, 01731 Kreischa. Should one contract partner fulfil the conditions of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and not have a general place of jurisdiction in Germany, the registered office of the hotel under corporate law shall apply as the place of jurisdiction.
8.4 German law is applicable. Application of the United Nations Convention on Contracts for the International Sale of Goods (UN CISG) and the law on conflict of laws is excluded.
8.5 Should individual provisions of these General Terms and Conditions be or become invalid or void, the effectiveness of the other provisions shall remain unaffected. In all in other respects, the statutory regulations shall apply.