General terms and conditions for the hotel accommodation contract

Ferienhotel Ödenhof GmbH - Ödenhofweg 9 - 72270 Baiersbronn

Scope of Application

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer.

2. Subletting or re-letting the rented rooms, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel.

3. The customer's terms and conditions only apply if this has been agreed upon in advance.

Contract Formation, Contracting Parties, Liability; Statute of Limitations

1. The contract is formed upon the hotel's acceptance of the customer's booking request. The hotel is free to confirm the room reservation.

2. The contracting parties are the hotel and the customer. If a third party has made the booking on behalf of the customer, that third party is jointly and severally liable to the hotel, together with the customer, for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.

3. The hotel is liable for its obligations under the contract. Liability for non-performance-related matters is limited to intent and gross negligence on the part of the hotel.

4. The statute of limitations for all claims by the customer is six months.

5. This limitation of liability and short statute of limitations also apply in favor of the hotel in the event of a breach of obligations during contract negotiations and positive breach of contract.

Services, Prices, Payment, Offsetting

1. The hotel is obligated to provide the rooms booked by the customer and to render the agreed-upon services.

2. The customer is obligated to pay the hotel's applicable or agreed-upon prices for the room rental and any additional services used. This also applies to services and expenses incurred by the hotel on behalf of the customer and paid to third parties.

3. The agreed-upon prices include the applicable statutory value-added tax. If the period between the conclusion of the contract and its fulfillment exceeds four months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed-upon price appropriately, but by no more than 10%.

4. The hotel may also change the prices if the customer subsequently requests changes to the number of rooms booked, the hotel's services, or the length of stay, and the hotel agrees to these changes.

5. Hotel invoices without a due date are payable within 10 days of receipt without deduction. The hotel is entitled to demand immediate payment of any outstanding amounts at any time. In the event of late payment, the hotel is entitled to charge interest at a rate of 4% above the respective discount rate of the German Federal Bank. The customer reserves the right to prove a lower loss, and the hotel reserves the right to prove a higher loss.

6. The hotel is entitled to demand a reasonable security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the security deposit and the payment dates will be agreed upon in writing in the booking confirmation.

7. The customer may only offset or reduce a claim by the hotel with an undisputed or legally enforceable claim.

Customer Cancellation (Cancellation, Refund)

1. For changes or cancellations of reserved hotel rooms, function rooms, and packages, our cancellation/compensation fees will be charged either specifically or as a lump sum. The lump sum compensation fees are as follows:

a) Up to 40 days prior to arrival: No charge
b) 30 to 39 days prior to arrival: 30% of the agreed services/packages
c) 24 to 29 days prior to arrival: 50% of the agreed services/packages
d) 0 to 13 days prior to arrival: 80% of the agreed services/packages

Hotel Cancellation Policy

1. If a right of cancellation for the customer has been agreed upon in writing within a specific period, the hotel is also entitled to cancel the contract within this period if inquiries from other customers for the contractually booked rooms are received and the customer does not waive their right of cancellation upon inquiry from the hotel.

2. If an agreed security deposit is not paid even after the expiry of a reasonable grace period set by the hotel with a warning of cancellation, the hotel is also entitled to cancel the contract.

3. Furthermore, the hotel is entitled to cancel the contract for cause, for example, if:

a) force majeure or other circumstances beyond the hotel's control make performance of the contract impossible.
b) rooms are booked under misleading or false pretenses regarding essential facts, e.g., concerning the identity of the customer or the purpose of the stay.
c) The hotel has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth operation of the business, the safety of the hotel, or its public image, without this being attributable to the hotel's sphere of control or organization.
d) There is a breach of the aforementioned scope of application, paragraph 2.

4. The hotel must inform the customer of the exercise of its right of withdrawal without undue delay.

5. In the event of a justified withdrawal by the hotel, the customer is not entitled to compensation.

Room Availability, Check-in, and Check-out

1. The customer is not entitled to a specific room.

2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer is not entitled to earlier access.

3. On the agreed departure date, rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full room rate (list price) for continued use of the room until 6:00 p.m., and 100% thereafter, in addition to any other damages incurred. The customer is free to prove to the hotel that no damage or significantly less damage was incurred.

Hotel Liability

1. The hotel is liable for the care of a prudent businessperson. This liability is limited to non-performance-related areas and covers defects, damages, consequential damages, or disruptions caused by the hotel's intent or gross negligence. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon receiving immediate notification from the customer. The customer is obligated to contribute what is reasonable to resolve the disruption and minimize any potential damage.

2. The hotel is liable to the customer for items brought onto the premises in accordance with statutory provisions. This liability is limited to one hundred times the room rate, up to a maximum of €3,068, and to cash and valuables up to €3,068. Cash and valuables can be stored in the hotel or room safe up to a maximum value of €10,226 (insurance sum). The hotel recommends taking advantage of this option. Liability claims expire if the customer does not notify the hotel immediately upon becoming aware of any loss, destruction, or damage (§ 703 German Civil Code).

3. The statutory provisions apply to the hotel's unlimited liability.

4. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or moved on the hotel premises and their contents, except in cases of intent or gross negligence. This also applies to the hotel's agents.

5. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages are excluded, except in cases of gross negligence or intent.

6. Messages, mail, and parcels for guests are handled with care. The hotel undertakes the delivery, safekeeping, and—upon request and for a fee—the forwarding of these items. Claims for damages are excluded, except in cases of gross negligence or intent.

Final Provisions

1. Amendments or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation must be made in writing. Unilateral amendments or additions by the customer are invalid.

2. The place of performance and payment is the hotel's registered office.

3. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – is, in commercial transactions, the hotel's registered office. If a contracting party meets the requirements of Section 38 Paragraph 1 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the hotel's registered office shall be deemed the place of jurisdiction.

4. German law shall apply.

5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.

Company name: Ferienhotel Ödenhof GmbH Address: Ödenhofweg 9, 72270 Baiersbronn