General Terms and Conditions of Hotel Nuhntal,Nuhnestr. 12, 59955 Winterberg (Hotel -AGB)
1. scope of application
The Hotel General Terms and Conditions apply to contracts for the rental of hotel rooms, for accommodation and conferences, as well as all other services and deliveries provided by the hotel for the customer. The customer's terms and conditions of business shall only apply if this has been expressly agreed in writing in advance.
2 Conclusion of Contract and Partner
The hotel accommodation contract (accommodation contract) is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room reservation in writing.
If a third party has placed an order on behalf of the customer, such third party shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. statute of limitations
The statute of limitations for claims for damages shall generally be governed by the statutory provisions. In deviation from § 199 Para.3 No.1 BGB (German Civil Code), claims for damages shall become statute-barred five years after they arise, irrespective of knowledge or grossly negligent ignorance. This does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel. Liability for culpable injury to life, limb, health, freedom or sexual self-determination shall remain unaffected, as shall mandatory liability under the Product Liability Act. Claims other than claims for damages shall become statute-barred one year after the beginning of the regular statute of limitations independent of knowledge; in the case of claims due to a defect in an item, the period shall begin with the delivery of the item.
4 Services, Prices, Payments, Offsetting
The hotel is obligated to hold the rooms booked by the customer ready and to render the agreed services. The customer is obligated to pay the hotel's applicable or agreed prices for the provision of the rooms and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
The agreed prices include the respective statutory sales or value-added tax. If the period between conclusion and performance of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 5%. Prices may be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel's services, or the length of the guests' stay, and the hotel agrees to such changes. Invoices of the hotel are payable without due date, within 10 days from receipt of the invoice without deduction. The hotel is entitled to call in accrued claims at any time and to demand immediate payment. In the event of default in payment, the Hotel shall be entitled to charge interest on arrears at the currently applicable rate of 8% or, in the case of legal transactions involving a consumer, 5% above the base rate. The hotel reserves the right to prove higher damages, and the customer reserves the right to prove lower damages.
The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payments and the dates as well as other due dates may be agreed in writing in the contract.
The customer may only set off or reduce a claim against a claim of the hotels with an undisputed or legally binding claim.
5 Withdrawal by the Customer/Cancellation
5.1 All cancellations must be made in writing to be effective. (by fax or registered mail)
5.1.1 Accommodation (up to 14 persons - individual guest)
Cancellation is possible up to the 28th day before departure. We charge a handling fee of € 30,00.
In case of cancellation from the 21st day before the date of arrival, 50 % of the room price will be charged.
In the event of cancellation from the 20th day prior to the date of arrival, we will charge 80 % of the room rate.
5.1.2 If the above-mentioned deadlines are not met, the contractual partner is liable to the full extent of the agreed services. The liability is reduced by 20 % for unclaimed lodging.
Up to 48 hours prior to the start of the event, a reduction in expenses of 40 % shall be granted on agreements for consumption, however, the equivalent room rent of the agreed premises shall be charged as a minimum. As a matter of principle, the hotelier will endeavour to assign unused services to other parties, whereby the liability of the contracting party shall be reduced by the proceeds obtained.
During the winter months, from mid-December to mid-March, no free cancellations are possible.
We recommend the conclusion of a travel cancellation insurance.
6. cancellation of the hotel
If a free right of withdrawal of the customer within a certain period of time has been agreed upon in writing, the hotel is entitled for its part to withdraw from the contract within this period of time if there are inquiries from other customers for the booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
If an agreed advance payment or an advance payment demanded by the hotel within the scope of the applicability of package travel law is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
If there is an objectively justified reason, the hotel is entitled to withdraw from the contract extraordinarily. In the event of justified withdrawal by the hotel, the customer shall have no claim to damages.
7. room provision and return
The customer is not entitled to the provision of specific rooms.
If the customer fails to vacate the room by 11:00 a.m. at the latest on the agreed departure date, the hotel may charge 50 % of the full room rate for the late vacating of the room for use in violation of the contract until 6:00 p.m., and 100 % after 6:00 p.m.. The customer is, however, entitled to prove that the hotel has suffered no loss at all or a significantly lower loss.
8 Liability of the Hotel
The hotel shall be liable for its obligations under the contract with the due care and diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health, freedom and sexual self-determination, if the hotel is responsible for the breach of duty, as well as other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations (so-called cardinal or core obligations) of the hotel.
Furthermore, the mandatory liability under the Product Liability Act and the liability arising from a guarantee assumed by the hotel shall remain unaffected. A breach of duty by the hotel shall be deemed equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or defects in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and minimize any possible damage.
9 Liability for items brought into the hotel
The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to 100 times the room rate, up to a maximum of € 3,500.00, and for money, securities and valuables up to € 800.00. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage, § 703 BGB. The regulations for the legal hotelier's or innkeeper's liability apply accordingly to a further liability of the hotel. In addition, the liability limitations of the hotel apply.
10 Place of Jurisdiction
For all contractual partners of the hotel and any pending legal disputes, the local court of Medebach is agreed upon.
11. final provisions
Should individual provisions of these general terms and conditions for the conclusion of accommodation contracts be invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, an agreement shall apply that is as close as possible to the invalid provision. Any deviation or collateral issue requires the written form.