General terms and conditions of business for accommodation contracts of the Bio-Hotel Restaurant Café Saline, Stiftsgut Wilhelmsglücksbrunn near Creuzburg
Owner: SSG Saline Service Gesellschaft mbH, Barfüßerstraße 4, 99817 Eisenach
- These terms and conditions apply to contracts for the rental of vacation apartments and guest rooms for accommodation, as well as for the rental of other rooms for use in the context of seminars or private and public celebrations. They also apply to all other services and deliveries provided to the customer in this context by Bio-Hotel & Restaurant Café Saline, Stiftsgut Wilhelmsglücksbrunn (hereafter referred to as “Bio-Hotel”).
- The subletting or further renting of the rooms provided, as well as their use for purposes other than accommodation, require the prior consent of the Bio-Hotel in written form, whereby § 540 Para. 1 S. 2 BGB (German Civil Code) applies, as long as the customer is not a consumer.
- General terms and conditions of the customer are only applicable if this has been explicitly agreed upon in writing beforehand.
II. Completion of Contract, Contractual Partners
- The contract is completed when the Bio-Hotel accepts the customer’s application. The Bio-Hotel is free to confirm the room booking in written form.
- Contractual partners are SSG Saline Service Gesellschaft mbH, Barfüßerstr. 4, 99817 Eisenach as operator of the Bio-Hotel and the customer. If a third party has ordered for the customer, he/she is liable to the Bio-Hotel together with the customer as joint debtor for all obligations arising from the accommodation contract, provided that the Bio-Hotel has a corresponding declaration of the third party.
III. Services, Prices, Payment, Set-Off
- The Bio-Hotel is obligated to hold rooms booked by the customer and to provide the agreed-upon services.
- The customer is obligated to pay the prices of the Bio-Hotel agreed upon for the room provision and the further services used by him/her or – in the absence of an agreement – according to the price notice and/or publication on the Internet. This also applies to services and expenses of the Bio-Hotel to third parties arranged by the customer. The agreed-upon prices include the respective legal value-added tax.
- The consumption of food and beverages brought by the customer himself/herself within the framework of private or public celebrations/events is not permitted.
- The Bio-Hotel may make its consent to a subsequent reduction in the number of booked rooms, the Bio-Hotel’s services, or the customer’s length of stay requested by the customer dependent on an increase in the price for the rooms and/or for the other services of the hotel.
- Invoices of the Bio-Hotel without a due date are payable within ten days of receival of the invoice without deduction. The Bio-Hotel can demand the immediate payment of due claims from the customer at any time. In the event of late payment, the Bio-Hotel is entitled to demand the respective applicable statutory interest. The Bio-Hotel reserves the right to prove higher expenses.
- The Bio-Hotel is entitled to demand an appropriate advance payment or security deposit from the customer upon completion of the contract in the form of a credit card guarantee, a down payment, or similar.
- In justified cases, e.g.outstanding payment of the customer or extension of the scope of the contract, the Bio-Hotel is entitled, even after completion of the contract, to demand an advance payment or security deposit in the sense of the above-mentioned No. 6 or an increase of the advance payment or security deposit agreed upon in the contract up to the full agreed-upon remuneration.
- The customer may only charge or settle an undisputed or legally-established claim against a claim of the Bio-Hotel.
IV. Inadmissible Behaviour
The lighting of fires or fireworks is not permitted due to the on-site stables and animals. Smoking is prohibited in all rooms of the Bio-Hotel and the restaurant, as well as in the stables. After 10:00 p.m., room volume from music, singing, and other sources of noise must be kept to a minimum.
V. Withdrawal of the Customer (Cancellation) / Non-Use of the Services of the Bio-Hotel (No-Show)
- A withdrawal of the customer from the contract concluded with the Bio-Hotel requires the consent of the Bio-Hotel in written form. If this does not take place, the agreed-upon price is to be paid even if the customer does not make use of contractual services.
- Cancellations of booked rooms are free of charge until eight weeks before the agreed-upon arrival date. Cancellation fees are 15% of the usage price for cancellations up to four weeks before the agreed-upon arrival date, 60% of the usage price for cancellations up to one week before the agreed-upon arrival date, and 90% of the agreed-upon usage price for cancellations less than one week before the agreed-upon arrival date. In case of cancellations of catering services of the Bio-Hotel (e.g. buffet or meal orders) the Bio-Hotel is entitled to 10% of the agreed-upon catering price in any case. In case of cancellations less than one week before the agreed-upon service date, the Bio-Hotel is entitled to 90% of the agreed-upon price for catering. In the case of rooms, vacation apartments, or other rooms not used by the customer, the Bio-Hotel has to take into account the income from renting such accommodations to other parties, as well as the saved expenses. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.
VI. Withdrawal by the hotel
- If it has been contractually agreed upon that the customer may rescind the contract free of charge within a certain period of time, the Bio-Hotel is also entitled to rescind the contract during this period if there are inquiries from other customers about the contractually-booked rooms and the customer does not waive his or her right to rescind the contract upon inquiry by the Bio-Hotel.
- If an advance payment agreed-upon or according to Clause III. Nos. 6 and/or 7 is not paid or a security deposit is not provided even after a reasonable grace period set by the Bio-Hotel has expired, the Bio-Hotel is also entitled to withdraw from the contract.
- Furthermore, the Bio-Hotel is entitled to withdraw from the contract extraordinarily for an objectively-justifiable reason, for example, if
– force majeure or other circumstances beyond the Bio-Hotel’s control make the fulfillment of the contract impossible;
– rooms or premises are culpably booked under misleading or false information of facts essential to the contract, e.g. the identity of the customer or the purpose of his or her stay;
– the Bio-Hotel has reasonable grounds to believe that the use of the contractual service could endanger smooth business operations, safety, or the public reputation of the Bio-Hotel, without this being attributable to the Bio-Hotel’s sphere of control or influence;
– the purpose or reason for the stay is unlawful;
– there is a violation of the above-mentioned Clause I. No. 2.
- In case of justified withdrawal of the Bio-Hotel, the customer has no right to claim for financial compensation.
VII. Room Provision, Handover and Return
- The customer does not acquire any claim to the provision of specific rooms unless this has been explicitly agreed upon in writing.
- Booked rooms are available to the customer from 4:00 p.m. on the agreed-upon day of arrival. The customer has no claim to earlier availability.
- On the agreed-upon day of departure, the rooms must be vacated and made available to the Bio-Hotel by 11:00 a.m. at the latest. After that time and until 3:00 p.m., the Bio-Hotel can charge 50% of the full accommodation price (list price) for the use of the room beyond the contractual time due to the late vacating of the room, and from 3:00 p.m. 100%. Contractual claims of the customer are not justified by this. He/she is free to prove that the Bio-Hotel has no or a significantly lower claim for usage fees.
VIII. Liability of the Bio-Hotel
- The Bio-Hotel is liable for its obligations under the contract. Claims of the customer for compensation are excluded. Excluded from this are
– damages resulting from injury to life, body, or health if the Bio-Hotel is responsible for the breach of duty,
– other damages that are based on an intentional or grossly negligent breach of duty by the Bio-Hotel, and
– damages that are based on an intentional or negligent breach of duty typical for the Bio-Hotel’s contract. A breach of duty of the Bio-Hotel is equal to that of a legal representative or subcontractor. Should disturbances or defects in the services of the Bio-Hotel occur, the Bio-Hotel will make every effort to remedy the situation as soon as it becomes aware of the issue or upon immediate notification of the customer. The customer is obligated to contribute what is reasonable for him or her to remedy the disturbance and to keep possible damage to a minimum.
- The Biohotel is liable to the customer for items brought in according to the legal regulations. Afterwards the adhesion is limited to the 100fache of the room price, however maximally EURO 3,500.00 and deviating for money, securities and preciousnesses maximally up to EURO 800.00.
- If the customer is provided with a parking space in a parking lot of the Bio-Hotel, even with payment, this does not constitute a safekeeping contract. The Bio-Hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the Bio-Hotel’s property or the vehicle’s contents, except in cases of intent or gross negligence. For the exclusion of the customer’s claims for damages, the regulations of the above No. 1, Paragraph 2-4 apply accordingly.
- Messages, mail, and consignments of goods for the guests are treated by the Bio-Hotel with utmost care. The Bio-Hotel takes over the delivery, storage and – if desired – at an additional cost, the forwarding of these. The provisions of the above No. 1, sentences 2-4 apply accordingly to the exclusion of claims for damages by the customer.
IX. Final Provisions
- Amendments and supplements to the contract, the acceptance of applications, or these general terms and conditions must be made in writing in order to be valid. The same applies to the amendment of this written form clause. Unilateral changes or additions by the customer are invalid.
- Place of fulfillment and payment is the location of the Bio-Hotel.
- Exclusive place of jurisdiction – also for disputes about cheques and bills of exchange – is, in commercial transactions, the corporate seat of the Bio-Hotel. If a contractual partner fulfills the requirements of §§ 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the Bio-Hotel under company law.
- German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
- Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions shall apply.