General Terms and Conditions
Fürstenhof GmbH

 

I. Scope

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and the rental of event rooms for the holding of conferences, seminars, congresses, banquets, etc., as well as all other services and deliveries provided by Fürstenhof GmbH, hereinafter referred to as the Hotel, (Hotel Accommodation Contract).

2. The subletting or further rental of the provided rooms or event rooms, as well as the use of the rooms for purposes other than accommodation, require the prior written consent of the Hotel.

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

 

II. Conclusion of Contract, Contracting Parties, Liability; Limitation Period

1. The contract is concluded upon the acceptance of the customer's application by the Hotel. The Hotel is free to confirm the room booking in writing.

2. The contracting parties are the Hotel and the customer. If a third party has made the reservation for the customer, they are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

3. All claims against the hotel generally expire one year from the start of the regular limitation period, which is dependent on knowledge, pursuant to Section 199 (1) of the German Civil Code (BGB). Claims for damages expire five years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

4. This limitation of liability and short limitation period also apply to the hotel in the event of a breach of obligations during the contract initiation and a positive breach of contract.

 

III. Services, Prices, Payment, Offsetting

1. The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.

2. The customer is obligated to pay the applicable or agreed hotel prices for the provision of the room and any additional services used. This also applies to services requested by the customer and expenses incurred by the hotel for third parties.

3. The agreed prices include the applicable statutory VAT. If the VAT rate increases on the day the service is provided, the agreed prices will change accordingly. The hotel is entitled to subsequently charge VAT. If the period between conclusion of the contract and fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 10%.

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

5. Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a current rate of 8%, or 5% above the base interest rate of the European Central Bank for legal transactions involving a consumer. The customer reserves the right to prove lower damages, while the hotel reserves the right to prove higher damages. For each reminder after the occurrence of default, the customer must reimburse reminder fees of €5. All further costs incurred in the context of collection shall be borne by the customer.

6. The hotel is entitled, upon conclusion of the contract or thereafter, to demand an appropriate advance payment or security, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract.

7. Furthermore, the hotel is entitled, at the beginning and during the stay, to demand a reasonable advance payment or security deposit from the customer as defined in No. 6 above for existing and future claims arising from the hotel accommodation contract, unless such payment has already been made in accordance with No. 6 above.

8. The customer may only offset or reduce a claim against a hotel claim if it is undisputed or legally binding.

 

IV. Customer Withdrawal (Cancellation)

1. Any withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this consent is not obtained, the agreed price under the contract must be paid even if the customer does not use the contractual services (compensation). This does not apply in cases of default by the hotel or an impossibility of providing the service for reasons attributable to the hotel.

2. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any payment or compensation claims from the hotel. The customer's right of withdrawal expires if they do not exercise their right of withdrawal in writing to the hotel by the agreed date, unless the hotel is in default or the hotel is unable to provide the service for reasons attributable to the hotel.

3. For rooms not used by the customer, the hotel shall credit the income from renting the rooms to other parties as well as the saved expenses.

4. The hotel is free to charge a lump sum for any damages incurred and to be reimbursed by the customer. The customer is then obligated to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half-board, and 60% for full-board arrangements. The customer is free to provide evidence that no damages have occurred or that the damages incurred by the hotel are lower than the lump sum demanded.

 

V. Withdrawal by the Hotel

1. If the customer's right of withdrawal within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive their right of withdrawal upon request from the hotel. This applies accordingly if an option has been granted.

2. If an agreed advance payment is not made even after the expiration of a reasonable grace period set by the hotel with a threat of rejection, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract for good cause, for example, if force majeure or other circumstances beyond the hotel's control make fulfillment of the contract impossible; if hotel services are booked under misleading or false information regarding essential facts, e.g., the customer's identity or the purpose; if the hotel has reasonable grounds to believe that the use of the hotel services could endanger the smooth operation of the business, the safety, or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization; if there is a violation of the scope of application, paragraph 2 above. 4. The hotel must notify the customer immediately of the exercise of the right of withdrawal.

4. The hotel must notify the customer of the exercise of the right of withdrawal.

5. The hotel may prohibit or cancel unauthorized interviews, sales promotions, and similar events. 6. In the event of a justified withdrawal by the hotel or the cancellation of an unauthorized event according to No. 5 above, the customer shall not be entitled to compensation.

 

VI. Room Availability, Handover, and Return

1. The customer does not acquire any right to the provision of specific rooms or event rooms. 2. Booked rooms are available to the customer from 4:00 PM on the agreed arrival date. The customer has no right to earlier availability. Unless a later arrival time has been expressly agreed or the room has been paid in advance, the hotel has the right to reassign booked rooms after 6:30 PM, without the customer being able to derive any claim against the hotel. Claims of the hotel under Clause IV remain unaffected by this provision.

3. On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 AM at the latest. After that, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6:00 p.m., and 100% after 6:00 p.m. This does not constitute a contractual claim by the customer. The customer is free to prove to the hotel that no damage or significantly lower damage has been incurred.

 

VII. Hotel Liability

1. The hotel is liable for its obligations under the hotel accommodation contract with the care of a prudent businessman. Claims by the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body, or health if the hotel is responsible for the breach of duty, as well as other damages resulting from an intentional or grossly negligent breach of duty by the hotel.