GTC (General Terms and Conditions)
for hotel guests and events

SCOPE OF APPLICATION

  1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other hotel services.
  2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
  3. The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance in text form.

CONCLUSION OF CONTRACT, CONTRACT PARTNERS, LIMITATION PERIOD

  1. The contract is concluded when the hotel accepts the customer’s contract and the hotel is free to confirm the room booking in text form.
  2. The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtors.
  3. All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages are subject to a limitation period of five years.
    The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

SERVICES, PRICES, PAYMENT, OFFSETTING

  1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
  2. The customer is obliged to pay the applicable or agreed prices of the hotel for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer. the agreed prices include the respective statutory value added tax.
  3. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the length of the customer’s stay requested by the customer dependent on the price for the rooms and/or for the hotel’s other services being increased.
  4. If the period between conclusion and fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but by no more than 5%.
  5. Hotel invoices are payable without deduction within 10 days of receipt of the invoice, and in the event of late payment, the hotel is entitled to charge the applicable statutory default interest. The hotel reserves the right to provide evidence of higher damages.
  6. The hotel is entitled to demand an advance payment or security deposit from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
  7. In justified cases, e.g. if the customer is in arrears with payment, the hotel is entitled to refuse further services.
  8. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

RESCISSION BY THE CUSTOMER (CANCELLATION, WITHDRAWAL AND NO-SHOW)

  1. Withdrawal by the customer from the contract concluded with the hotel requires the hotel’s consent. If this is not done, the agreed price from the contract must be paid even if the customer does not make use of contractual services.
  2. This shall not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of withdrawal.
  3. If the hotel and the customer have agreed a date for free withdrawal from the contract in text form, the customer may withdraw from the contract up to that date without incurring payment or compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in text form vis-à-vis the hotel by the agreed date.
  4. If rooms are not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to another party, the hotel may charge 100% of the contractually agreed remuneration.
  5. The hotel is free to demand the contractually agreed remuneration and to charge a lump sum for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and 70% for half-board arrangements.
  6. In the event of cancellation on the day of arrival or a no-show, we will charge the costs incurred.
  7. For conferences / events / group reservations of 6 persons or more, the customer has a free cancellation period of 40 days. Cancellation must be made in writing by the customer and must be confirmed in writing by the hotel.
  8. The following cancellation fees apply to conferences / events / group reservations:
    Up to 40 days before arrival free of charge
    39 – 30 days before arrival 50 %
    29 – 14 days before arrival 65 %
    Thereafter 80 % of the booked arrangement if a new booking cannot be made.
  9. If the customer withdraws 40 days before the date of the event – the celebration – the hotel shall be entitled to charge 50% of the lost food sales, and 70% of the food sales in the event of any later withdrawal. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.

WITHDRAWAL OF THE HOTEL

  1. If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract within this period (e.g. failure to make a contractually agreed advance payment).
  2. In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.
  3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example:
    – Force majeure
    – Misleading or false information from the customer
    – Endangerment of smooth business operations

CHANGE IN NUMBER OF PARTICIPANTS FOR MEETINGS / EVENTS / GROUP RESERVATIONS
-from 6 persons-

  1. A change in the number of participants / number of rooms by more than 10% must be notified to the hotel no later than 5 working days before the start of the event and requires the written consent of the hotel.
  2. If the number of participants deviates by more than 20%, the hotel is entitled to change the confirmed rooms, unless this is unreasonable for the customer.

ROOM PROVISION, HANDOVER AND RETURN

  1. The customer shall not acquire any entitlement to the provision of specific rooms unless this has been expressly agreed in text form.
  2. Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier provision.
  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. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room for its use in excess of the contract until 6 p.m., and 100% thereafter.

LIABILITY OF THE HOTEL

  1. The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, 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 by the hotel. Should disruptions or defects occur 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 obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
  2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. According to this, liability is limited to one hundred times the room rate, but no more than € 3,500, and in deviation for money, securities and valuables up to a maximum of € 800. Money, securities and valuables up to a maximum value of € 3,500 can be stored in the hotel safe. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage.
  3. Insofar as the customer is provided with a parking space in the garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping contract, and the hotel shall not be liable for loss of or damage to motor vehicles, trailers, motorcycles or trailers and their contents parked or maneuvered on the hotel property, except in cases of intent or gross negligence.
  4. Messages, post and consignments for guests are handled with care. The hotel will take care of delivery, storage and, on request, forwarding for a fee.

FINAL PROVISIONS

  1. 1. amendments or additions to the contract or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
  2. The place of performance and payment is the location of the hotel.
  3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws or similar is excluded.
  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. In all other respects, the statutory provisions apply.

PANORAMA Hotel Heimbuchenthal