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General terms and conditions of the hotel Schmelmer Hof in Bad Aibling


General terms and conditions (80,97 KB)
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Section 1 area of application

1. These general terms and conditions (GTC) apply to all services that the Hotel renders to the guest, the organizer and other contractual partners (called “Contractual Partner” in the following). The services consist in particular of the surrender of use of hotel rooms and other premises for e.g. seminars, conferences, presentations, meetings, banquets and other events, the sale of food and drink (F&D), the organization of cultural and sporting events and other programs, the carrying-out of special health-promoting measures or similar offers and for all other services and deliveries of the Hotel that are connected with this, in return for payment. The Hotel is entitled to have its services carried out by third parties.
2. These GTC relate to all types of contract such as e.g. hotel agreements, package holiday, contingent or event contracts, which are entered into with the Hotel. The GTC also apply to all future transactions with the Contractual Partner.
3. GTC of the Contractual Partner are not applicable, even if the Hotel does not object to them explicitly. Counterconfirmations of the Contractual Partner with reference to its GTC are hereby rejected.

Section 2 contract formation

1. The respective contract always comes into being after oral or written application by the Contractual Partner and with its acceptance by the Hotel. The Hotel is free to accept the application in writing, orally, in text form (e-mail, fax) or conclusively, through the rendering of services.
2. If the Contractual Partner enters into a so-called contingent contract, the Contractual Partner is liable for all losses culpably caused by the end user.
3. Subletting or reletting, or the free use of the surrendered rooms by third parties and use for other than accommodation purposes is only permitted if the hotel explicitly permits this. The Hotel can, upon request, issue a written exception here at its own discretion.

Section 3 events

1. In order to allow careful preparation by the Hotel, the Contractual Partner is to inform the Hotel of the final number of attendees three days before the start of the event at the latest. If the Contractual Partner here announces a higher number of attendees than agreed, this higher number of attendees becomes a component of the contract only if the Hotel agrees to this in writing. If the Hotel does not agree in writing, the Contractual Partner is not entitled to carry out the event with a higher number of attendees. If the Hotel does agree, billing is determined by the new agreement (with additional costs if applicable). The Contractual Partner has no entitlement to agreement. Billing is based on the contractual agreements, regardless of the informing of the number of attendees. If fewer participants actually attend the event, this is not significant for the billing.
2. If the agreed point in time of the start of an event changes, then the hotel is entitled to charge the Contractual Partner all additional costs hereby arising.
3. Reserved rooms are only available to the Contractual partner within the period of time specified by written agreement. Utilisation beyond this requires the written agreement of the Hotel and is only ever granted against an additional charge. The right to room changes is reserved, insofar as it is reasonable for the Contractual Partner to accept them while taking into account the interests of the Hotel.
4. In the case of events that last beyond midnight, the Hotel can charge €80.00 per booked member of the waiting staff and per started hour, plus legal VAT. The Contractual Partner is liable to the Hotel for additional services to the event participants or to third parties in connection with the event.
5. The Contractual Partner is to obtain all official approvals at his own expense, insofar as nothing different has been explicitly agreed. It is the Contractual Partner's responsibility to adhere to all relevant legal requirements. Levies to be paid to third parties for the event, such as e.g. GEMA fees, entertainment tax, and the like, are to be paid without delay by the Contractual Partner to the creditor.
6. The Contractual Partner is liable for the conduct of his employees, the event participants and other auxiliaries as for his own conduct. The Hotel can demand from the Contractual Partner the allocation of appropriate securities (e.g. insurance policies, deposits, sureties).
7. In order to prevent damage, the attaching and setting up of decoration materials or other objects is to be arranged with the hotel in advance. Display and other objects brought are to be removed after the end of the event. If the Contractual Partner does not comply with this rule, the Hotel has the right to carry out chargeable removal and storage. Transport packaging, outer packaging and all other packaging materials brought in are to be disposed of by the Contractual Partner at his own expense. If the Contractual Partner leaves the packaging behind after the end of the event, it can be disposed of at the Contractual Partner’s expense. All objects brought in within the context of the event, such as decoration materials and the like, must fulfil all prevailing legal regulations.
8. Insurance protection for objects brought in does not exist on the part of the Hotel. The taking out of a necessary insurance policy is exclusively the affair of the Contractual Partner.
9. Faults or defects in the equipment provided will be rectified insofar as this is possible for the Hotel. The Contractual Partner cannot derive any claims in this connection.
10. If the Contractual Partner brings in his own electrical equipment, then this requires the approval of the Hotel management before its connection to the electricity grid. The electricity consumption occurring is charged according to the valid provision and kilowatt-hour rates, as charged to the Hotel by the utility company. The Hotel is free to charge a flat rate. Faults or defects caused to the technical systems of the Hotel by connection are to be at the expense of the Contractual Partner.
11. If the Hotel procures for the Contractual Partner technical or other equipment from third parties, the Hotel acts on behalf of and for the account of the Contractual Partner; the latter is liable for the careful treatment and proper return of this equipment and will indemnify the Hotel from all claims of third parties upon first written request. Liability of the Hotel due to procurement not being in time or to a deficiency of the procured equipment is ruled out.
12. The Contractual Partner is basically not allowed to bring food and drink to the events. In special cases (e.g. national specialities etc.) a written agreement may be made regarding this; in these cases, a general food fee is charged by deducting the proportional cost of goods sold.
13. Newspaper advertisements that contain invitations to job interviews and/or sales events always require the prior agreement of the Hotel. If publication takes place without agreement, then the Hotel has the right to cancel the event.
14. Any type of advertising, information, invitations, through which a connection to the Hotel is created, especially through the use of the hotel name, requires the prior written consent of the Hotel.

Section 4 room use, room handover, departure

1. The rooms are made available exclusively for accommodation purposes.
2. The Contractual Partner is liable to the Hotel for all damage that is caused by him or by third parties who receive the services of the Hotel at his instigation.
3. The Contractual Partner has no right to the use of certain rooms. If rooms in the Hotel are not available, the Hotel will inform the Contractual partner of this immediately and offer equivalent replacement in a nearby Hotel of the same category. If the Contractual Partner rejects this, the Hotel is to reimburse payments made by the Contractual Partner without delay.
4. Booked rooms are available to the Contractual Partner on the day of arrival from 15:00. Insofar as no other agreement has been made, the Hotel has the right to grant booked rooms to somebody else after 18:00, without the Contractual Partner being able to derive rights or claims from this.
5. The rooms must be vacated by 12:00 on the departure day at the latest. After this the Hotel can charge, beyond the loss occurring because of this, the day price for the room for the additional use of the room up to 16:00, and 100% of the full lodging price (list price) from 16:00.

Section 5 provision of the services, prices, payments, offsetting and transferral

1. The prices of the respective services are determined according to the price list of the Hotel valid at the point in time of the rendering of the services. All prices are quoted including VAT at the statutory rate in force at the time. Increases in the value-added tax are borne by the Contractual Partner. If the period between the conclusion of contract and the first contractual service exceeds 120 days, then the Hotel has the right to make price increases up to a maximum of 15%. Subsequent changes in the services may lead to changes in the prices. The Hotel is entitled, upon conclusion of contract by the Contractual Partner, to demand an advance payment or surety up to 100% of the total payment obligation of the Contractual Partner. The amount of the advance payment and the payment dates can be specified in the contract.
2. If the Contractual Partner has booked within a period of time at which a trade fair, major event or other happening is taking place and if, after conclusion of contract, for reasons for which the Hotel is not responsible, an event of this kind of this kind is shifted to a different time, this contract applies for the new period, if the Hotel is capable of fulfilling the agreed services at this point in time. The Hotel informs the Contractual Partner within an appropriate time limit of whether it is able to fulfil its obligation to perform. If the performance is not possible, especially if the booked rooms have already been rented to third parties for the new period, the parties can withdraw from the contract without having to state reasons. The enforcing of claims against the respective other party is ruled out. This does not apply to services that have already been rendered. These are to be recompensed and/or refunded.
3. The payment claim of the Hotel is payable promptly after receipt of the respective invoice without deduction. An invoice is regarded as received by the invoice recipient 3 days after sending at the latest, insofar as it cannot be proven that it was received earlier. In the case of delay in payment the legal regulations apply.
4. The producing of a total account does not exonerate from payment of the individual invoices in accordance with time limits. A delay in payment of even a single invoice entitles the Hotel to withhold all further and future services and to make fulfilment of the services dependent on a surety in the amount of up to 100% of the payment still outstanding.
5. For every reminder a reminder fee of €10.00 is owed. Invoices are always to be paid immediately in cash, by credit card or within 10 days after receipt. The hotel is entitled to reject foreign currencies, cheques and credit cards. Vouchers of tour operators are only accepted if a credit agreement exists with the company in question and/or if appropriate advance payments have been made. A reimbursement of services not used is ruled out.
6. The Contractual Partner can only offset against a demand of the Hotel if his demand is undisputed or has been determined without further legal recourse. This applies correspondingly to the exercising of a right of retention because of the Hotel’s own demands against the Contractual Partner. Claims and other rights may only be transferred with the written approval of the Hotel.

Section 6 service cancellation

1. Reservations of the Contractual Partner are binding for both contractual partners. In the case of a cancellation by the Contractual Partner, they are to render the following compensation:
a) no compensation if the written cancellation is received by the Hotel 60 days or more before the start of the period of performance
b) Compensation in the amount of 50% of the value of the ordered services, if the written cancellation is received by the Hotel 30 days before the start of the period of performance
c) Compensation in the amount of 70% of the value of the ordered services if the written cancellation is received by the Hotel 20 days before the start of the period of performance
d) Compensation in the amount of 90% of the value of the ordered services if the written cancellation is received by the Hotel 8 days before the start of the period of performance.
2. The Contractual Partner is entitled to submit proof that the loss to the Hotel does not exist or is less.
3. Insofar as the Hotel can render the cancelled service in the agreed period in another way to third parties, the compensation of the Contractual partner is reduced by the amount that these third parties pay for the cancelled service, by up to a maximum of the omission of the entire compensation, however.

Section 7 withdrawal / termination

1. According to the legal regulations, the Hotel is entitled to withdraw from the contract (section 323 BGB) and/or to terminate the contract (section 314) if
a) the Contractual Partner does not render a due performance
b) the fulfilment of the contract becomes impossible because of force majeure, strike or other circumstances for which the Hotel is not responsible
c) the Contractual Partner gives misleading or false information about important data
d) the Contractual Partner has used the name of the Hotel with advertising measures without prior written agreement
e) rooms covered by the contract are entirely or partially sublet without written agreement of the Hotel
f) the Hotel has justified reason to assume that the use of the hotel service may jeopardise the smooth proceeding of business operations, safety or public reputation of the Hotel.
2. The Hotel is to notify the Contractual Partner in written form of the withdrawal/termination without delay, within 14 days of the reason becoming known at the latest. The cancellation of the contract by the Hotel does not justify a claim of the Contractual Partner to compensation or other compensatory payments. A claim of the Hotel to compensation for a loss occurring to it and for expenditures transacted by it remains unaffected in the case of justified contract termination.

Section 8 liability, objects brought in, statute of limitations

1. For all legal and contractual claims, the Hotel is basically only liable in the case of intent or grossly negligent conduct.
2. As an exception, the Hotel is liable for slight negligence in the case of losses
a) arising due to the infringement of essential contractual obligations. In these cases, the liability is limited to the foreseeable losses typical for the contract.
b) due to the injury of life, limb or health.
3. Liability of the Hotel for consequential loss or indirect damages is ruled out.
4. Disclaimers of liability and limitations of liability apply in the same way in favour of all companies used by the Hotel for the fulfilment of its contractual obligations, and their subcontractors and agents. They do not apply if the Hotel grants a guarantee for the condition of an item or a work or in the case of fraudulently concealed faults.
5. The Contractual Partner is obliged to report recognisable defects in the Hotel, without delay, upon departure at the latest.
6. The legal regulations of section 701ff. BGB (i.e. German Civil Code) apply to objects brought in by the Contractual Partner.
7. Items of the Contractual Partner/overnight guest that have been left behind are only forwarded upon request, at the Contractual Partner’s risk and expense. The Hotel keeps the items for 6 months and makes an appropriate charge for this. Afterwards, the items are handed over to the local property office, insofar as they are recognisably of value.
8. All claims of the Contractual Partner against the Hotel arising from or connected to the contract expire by limitation after the elapsing of a year, starting with the end of the year in which the claim arose and the Contractual Partner gained knowledge of the circumstances justifying the claim or had to have gained knowledge of them without gross negligence.

Section 9 additional conditions for package holiday contracts

1. If the service obligation of the Hotel consists in the organisation of a leisure programme as a chargeable service, as well as the provision of board and lodging, then this establishes a so-called package holiday contract.
2. The Contractual Partner cannot assert claims because of changes, deviations or reductions of individual services in the framework of a package holiday contract that become necessary after contract formation if they are merely insignificant.
3. If services that have been agreed and made available are not made use of by the Contractual Partner, a reduction or reimbursement of the total price is not possible.
4. Das Hotel haftet nicht für Schäden, die der Vertragspartner anlässlich der Inanspruchnahme einer Sonderleistung eines Dritten erleidet. Der Vertragspartner wird insoweit auf die Durchsetzung seiner Ansprüche gegenüber dem jeweiligen Veranstalter der Sonderleistung verwiesen.The Hotel is not liable for losses suffered by the Contractual Partner due to the use of a special service of a third party. In this connection, the Contractual Partner may assert his claims against the responsible operator of the special service.

Section 10 place of fulfilment and of payment, legal domicile, additional agreements, partial ineffectiveness

1. The place of fulfilment and of payment, for both sides, is the place of business of the Hotel.
2. German law shall apply.
3. The legal domicile is Bad Aibling.
4. If individual conditions of the contract, including of these business conditions become ineffective, the effectiveness of the other conditions remain hereby unaffected. The parties will replace the ineffective conditions without delay with effective conditions that come as close as possible to the intended purpose and financial importance. The same applies in the event that the contract contains loopholes.