GENERAL TERMS AND CONDITIONS
General Terms and Conditions Events & Hotel Accommodation Contracts
I. Scope of Applicability
1. These Terms and Conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer.
2. The prior written consent of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby § 540, para. 1, sentence 2 German Civil Code is waived insofar as the customer is not a consumer.
3. The customer’s general terms and conditions shall apply only if these are previously expressly agreed in writing.
II. Conclusion of Contract, Parties, Liability, Statute of Limitations
1. The contract shall come into force upon the hotel’s acceptance of the customer’s application. At its discretion, the hotel may confirm the room reservation in writing.
2. The parties to the contract are the hotel and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer, insofar as the hotel has a corresponding statement by the third party.
3. Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations dependent upon knowledge of § 199, para. 1 German Civil Code. Damage claims shall be time-barred after five years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
III. Services, Prices, Payment, Set-Off
1. The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
2. The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer.
3. The agreed prices include applicable value-added tax as required by law. If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed price to a reasonable extent but not, however, by more than five percent.
4. Moreover, the hotel may change prices if the customer later wishes to make changes in the number of reserved rooms, the hotel’s services, or the length of guests’ stay, and the hotel consents to such changes.
5. Hotel invoices not showing a due date are payable and due in full within ten days of receipt. The hotel shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8 percent or, with legal transactions with a consumer, in the amount of 5 percent above the base interest rate. The hotel reserves the right to prove greater damage.
6. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and payment dates may be agreed in writing in the contract.
7. The customer may only set-off or reduce a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
IV. Repudiation by Customer (Cancellation, Annulment)/Failure to Use Hotel Services (No Show)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services. This shall not apply with the breach of obligation of the hotel to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
2. To the extent the hotel and customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis the hotel by the agreed date, insofar as no case pursuant to Nr. 1, sentence 3 supra exists.
3. If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses.
4. At its discretion, the hotel may demand the contractually agreed compensation and to make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90 percent of the contractually agreed rate for lodging with or without breakfast, 70 percent for room and half-board, and 60 percent for room and full-board arrangements. The customer is at liberty to show that the claim mentioned above was not created or not created in the amount demanded.
5. Cancellation or simply No Show up on the day of expected arrival will be charged in accordance with item IV.No. 4. In the case of private trips, cancellations or early departures can be canceled free of charge up to 14 days before arrival, unless other cancellation provisions have been made. From 13 days before arrival we charge 80% of the booking amount. In the event of early departure, we will charge the entire booking amount.
6. Bookings for conferences our groups - starting from 6 persons – can be cancelled in accordance with the hotel policy within a 40 days period of time. A withdrawal of the Contract entered with the Hotel, has to be submitted in writing. The cancellation is not, however, valid without the written affirmation of the Hotel.
7. For conferences / groups of events the following cancellation policy is applicable (attributable to fixed costs):
Up to 40 days prior to arrival – cost-free cancellation, 39 to 30 days prior to arrival: 50%, 29 to 14 days prior to arrival: 65%, thereafter 80% from the subject arrangement booked – unless re-letting fails.
If the customer cancels a booked event as late as between the 8th and the 4th week before the date scheduled therefore, the hotel may, in addition to the agreed rate and the cost of third-party services, if any, charge 35% of the catering turnover lost. This rate shall rise to 70% where a booked event is cancelled later than assumed above
8. If the customer cancels a booked event as late as 40 days before the date scheduled for the event / celebration, the hotel may charge 50% of the catering turnover lost. This shall rise to 70% where a booked event is cancelled later than assumed above.
The customer is free to prove that the above claim has not arisen at all or not in the amount claimed.
V. Repudiation by Hotel
1. To the extent that a right of cost-free cancellation within a certain period was agreed in writing for the customer, the hotel is entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission upon inquiry thereof by the hotel.
2. If an agreed advance payment or an advance payment demanded pursuant to Item III, Nr. 6 supra is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to cancel the contract.
3. Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if
§ force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
§ rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose;
§the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
§ there is a breach of the item I. Nr. 2 supra.
4. The customer can derive no right to compensation from justified cancellation by the hotel.
VI. Changes in the number of participants for conferences / group reservations - from 6 people) and events
1. A change in the number of participants / number of rooms by more than 10% must be communicated to the hotel no later than five working days before the start of the event; it requires the written consent of the hotel.
2. A reduction in the number of participants/rooms by the customer by a maximum of 5% will be recognized by the hotel when billing.
3. If the shortfall is more than 5%, the calculation is based on the cancellation regulation according to the General Terms and Conditions - IV.4. .
4. In the event of an upward deviation, the actual number of participants/number of rooms will be charged.
5. If the number of participants deviates by more than 20%, the hotel is entitled to exchange the confirmed rooms, unless this is unreasonable for the customer.
6. If the agreed start or end times of the event are changed and the hotel agrees to these deviations, the hotel can charge for the additional service provided, unless the hotel is at fault.
VII. Room availability, handover and return
1. The customer does not acquire the right to be provided specific rooms.
2. Booked rooms are available to the customer from 2 p.m. on the agreed arrival date. The customer has no right to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for the use of the room that exceeds the contract due to the delayed vacating of the room up to 6 p.m. and 100% from 6 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.
VIII. Liability of the Hotel
1. The hotel is liable with the care of a prudent businessman for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the hotel and damages that are based on an intentional or negligent breach of duty violation of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to a hundred times the room rate, up to a maximum of €3,500 and for money, securities and valuables up to €800. Money, securities and valuables up to a maximum value of €10,000 can be kept in the hotel or room safe. The hotel recommends that you use this option. The liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB). The above number 1 sentences 2 to 4 apply accordingly to any further liability of the hotel.
3. If the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not result in a custody agreement. The hotel is not liable in the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. Number 1 sentences 2 to 4 above apply accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care.
5. Messages, post and consignments for the guests are treated with care. The hotel takes over the delivery, storage and - on request - the forwarding of the same for a fee. Number 1 sentences 2 to 4 above apply accordingly.
IX. Final Provisions
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes 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 over checks and bills of exchange – is the hotel's registered office in commercial transactions. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
Appendix to the information for a package tour according to § 651a BGB
The following information only applies to package tours within the meaning of the EU directives and not to accommodation bookings. The combination of travel services offered to you is a package tour within the meaning of Directive (EU) 2015/2302.
Therefore, you can benefit from all EU rights that apply to package travel. The company Hotel Lamm Betriebs GmbH bears full responsibility for the proper implementation of the entire package tour.
Main rights under Directive (EU) 2015/2302
- Travelers receive all essential information about the package travel before concluding the package travel contract.
- At least one entrepreneur is always liable for the proper provision of all travel services included in the contract.
- Travelers will be given an emergency telephone number or details of a contact point through which they can get in touch with the tour operator or travel agency.
- Travelers can transfer the package tour to another person within a reasonable period of time and possibly at additional costs.
- The price of the package may only be increased if certain costs (e.g. fuel prices) increase and if this is expressly provided for in the contract, and in any case no later than 20 days before the start of the package. If the price increase exceeds 8% of the package tour price, the traveler can withdraw from the contract. If a tour operator reserves the right to increase the price, the traveler has the right to lower the price if the corresponding costs decrease.
- Travelers can withdraw from the contract without paying a cancellation fee and receive a full refund of all payments if any of the essential elements of the package, other than the price, are significantly changed. If the trader responsible for the package travel cancels the package travel before the start of the package travel, the travelers are entitled to a refund and possibly to compensation.
- Travelers can withdraw from the contract without paying a cancellation fee in the event of exceptional circumstances before the start of the package, for example if there are serious security problems at the destination that are likely to affect the package.
- In addition, travelers can withdraw from the contract at any time before the start of the package tour by paying a reasonable and justifiable cancellation fee.
- If, after the start of the package tour, essential components of the package tour cannot be carried out as agreed, the traveler must be offered other reasonable arrangements without additional costs. The traveler can withdraw from the contract without paying a cancellation fee (in the Federal Republic of Germany this right is called "termination") if services are not provided in accordance with the contract and this has a significant impact on the provision of the contractual package tour services and the tour operator fails to remedy the situation create.
- The traveler is entitled to a price reduction and/or compensation if the travel services are not provided or are not provided properly.
- The tour operator provides assistance to the traveler if he is in difficulty.
- In the event of bankruptcy of the tour operator or, in some Member States, of the travel agent, payments are refunded. If the tour operator or, where relevant, the travel agent becomes insolvent after the start of the package tour and if the carriage is part of the package tour, the repatriation of the travelers is guaranteed.
Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
I. CANCELLATION POLICY
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must send us (Hotel Lamm GmbH, St. Martinusstrasse 1, 63872 Heimbuchenthal, Tel.: +49 (0) 6092/ 944-0, Fax: +49 (0) 6092 / 944 100, email : email@example.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail).
You can use the model cancellation form attached below, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
II. CONSEQUENCES OF REVOCATION
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
III. EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of revocation does not apply to contracts for the delivery of vouchers, the object of which is the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision according to the content of the voucher.
If you want to revoke the contract, please fill out this form and send it back to us signed by email or fax.
Hotel Lamm GmbH
D - 63872 Heimbuchenthal
Fax: +49 (0) 6092 / 944 100
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) ____________ / received on (*) __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable
Der BR Wandertag am 02.06.2023
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