General terms and conditions
1. Scope
These general terms and conditions apply to all contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided to the guest in this context by Parkhotel Oberstaufen (hereinafter referred to as “Hotel”).
2. Conclusion of contract
2.1. The contract is concluded when the hotel accepts the guest's request. The hotel is free to confirm the room reservation in writing.
2.2. The contract partners are the hotel and the guest. If a third party has ordered for the guest, he is jointly and severally liable to the hotel together with the guest.
3. Services, prices, payment, offsetting
3.1. The hotel is obliged to keep the rooms booked by the guest ready and to provide the agreed services.
3.2. The guest is obliged to pay the hotel prices applicable or agreed upon for the provision of rooms and other services used by him. This also applies to third-party services commissioned by the guest directly or through the hotel.
3.3. The prices can be changed by the hotel if the guest subsequently requests changes in the number of booked rooms, the hotel's services or the length of stay of the guests and the hotel agrees to this.
3.4. Hotel invoices without a due date are payable in full within 7 days of receipt of the invoice. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge statutory default interest.
3.5. The guest can only offset or reduce an undisputed or legally binding claim against a claim made by the hotel.
4. Withdrawal by the guest (cancellation)/failure to use the services (no show)
4.1. Withdrawal by the guest from the contract concluded with the hotel requires the written consent of the hotel.
4.2. If this is not done, the agreed price under the contract must be paid even if the guest does not make use of contractual services.
4.3. If rooms are not used, the hotel will endeavour to rent them out elsewhere.
4.4. If an appointment has been made in writing between the hotel and the guest to withdraw from the contract free of charge, the guest may withdraw from the contract until then without triggering payment or compensation claims from the hotel.
4.5. In the case of rooms not used by the guest, the hotel must take into account the income from rental elsewhere and the expenses saved.
4.6. Cancellation conditions:
Free cancellation is possible up to 7 days before arrival.
If you cancel up to 3 days before arrival, 50% of the total amount will be charged.
In case of later cancellation or no-show, 90% of the total amount will be charged.
5. Withdrawal by the hotel
5.1. If an agreed advance payment is not made even after a reasonable grace period set by the hotel has elapsed, the hotel is entitled to withdraw from the contract.
5.2. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, for example if:
force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
rooms are booked with misleading or false information of essential facts;
the hotel has reasonable cause to believe that the use of the hotel services may jeopardize the smooth operation, safety or public image of the hotel.
5.3. In the event of a justified cancellation by the hotel, the guest is not entitled to compensation.
6. Room provision, handover and return
6.1. The guest is not entitled to the provision of specific rooms, unless this has been expressly agreed in writing.
6.2. Booked rooms are available to the guest from 15:00 on the agreed day of arrival. There is no entitlement to earlier provision.
6.3. On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. After that, in addition to the resulting damage, the hotel may charge 50% of the full accommodation price for the additional use of the room until 18:00, and 100% from 18:00 onwards. This does not justify the guest's contractual claims.
7. Liability of the hotel
7.1. The hotel is liable for its obligations under the contract with the care of an ordinary businessman.
7.2. The guest's claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health, if the hotel is responsible for the breach of duty, as well as other damage based on an intentional or grossly negligent breach of duty by the hotel.
7.3. The hotel is liable for items brought in in in in in accordance with legal provisions (§§ 701 ff. BGB).
7.4. If a parking space is made available to the guest in the hotel garage or in the hotel parking lot, even for a fee, this does not result in a custody contract. There is no monitoring obligation on the part of the hotel.
8. Final provisions
8.1. Amendments or additions to the contract, application acceptance or these terms and conditions should be made in writing.
8.2. The place of fulfilment and payment is the registered office of the hotel.
8.3. The exclusive place of jurisdiction is the seat of the hotel.
8.4. German law applies.
8.5. Should individual provisions of these terms and conditions be or become invalid or void, the effectiveness of the remaining provisions remains unaffected. In all other respects, the legal regulations apply.
