General terms and conditions for the accomodation contract
Bio and national park hotel HELVETIA
1. Area of application
- These terms of business are valid for contracts about the on hire surrender of hotel rooms as well as all other performances produced for the customers and deliveries of the hotel.
- The renting or wide renting of the received rooms as well as their use to others than accommodation purposes need the previous written approval of the hotel.
- Terms of business of the customer find only application if this was agreed before.
2. Contract conclusion, contracting partner, - liability, limitation
- The contract comes about by the acceptance of the application of the customer by the hotel. The hotel confirms the room reservation in writing within 14 days. From lack of time is also valid a telephonic confirmation.
- Contracting partners are the hotel and the customer. If a third has ordered for the customer, he sticks compared with the hotel together with the customer as a codebtor for all liabilities from the accommodation contract, provided that a suitable explanation of the third is given to the hotel.
- The hotel sticks for his liabilities from the contract. In the area not typical for performance the liability is limited to intention and coarse carelessness of the hotel.
- The period of limitation amounts for all claims of the customer 6 months.
3. Performances, prices, payment, compensation
- The hotel is obliged to hold ready the rooms booked by the customers and to produce the agreed performances.ungen zu erbringen.
- The customer is obliged to pay for the room surrender and the other performances taken up by him to valid or agreed prices of the hotel. It is also valid for performances arranged by the customers and expenses of the hotel into three parts.
- The prices can be changed by the hotel further if the customer wishes afterwards changes of the number of the booked rooms, the performance of the hotel or the duration of stay of the guests and the hotel agrees.
- The agreed prices enclose the respective legal value added tax. If the period between contract conclusion and the completion of contract crosses 12 months and increases from the hotel in general for such performances calculated price, the hotel can raise the by contract agreed price appropriately, at most however, to 10%.
- The invoice of the hotel without date of maturity is payable within 10 days from access of the invoice without deduction. The hotel is entitled to put accumulated demands any time due and to require prompt payment. With default the hotel is entitled to calculate interest at the rate of 4% about the respective discount rate of the German Central Bank. The proof of a lower damage is left to the customer, the proof of a higher damage is left to the hotel.
- The hotel is entitled, by contract conclusion or afterwards, taking into account the juridical regulations for package tours an adequate payment in advance or to require margin. The height of the payment in advance and the payments can be agreed in the contract in writing.
4. Resignation of the customer
- The resignation of the customer of the contract concluded with the hotel needs the written approval of the hotel. If this does not follow, the agreed price from the contract is also to be paid if the customer does not take up contractual performances. This is not valid in cases of the performance delay of the hotel or one of her impossibility to be represented of the performance production.
- Provided that between the hotel and the customer a date was agreed to the resignation by the contract in writing, the customer can withdraw till then from the contract in writing without releasing payment and compensation claims of the hotel. The right to rescind of the customer goes out if he does not use his right to the resignation in writing compared with the hotel up to the agreed date, provided that a case of the performance delay of the hotel or an impossibility to be represented by him of the performance production is not given.
- With rooms not taken up by the customers the hotel has to credit the income from other renting of the rooms as well as the saved expenditure.
- The cancellation fees are calculated as follows: To 8 days before journey till 18:00 o'clock a cost-free cancellation is possible. From 7 to 4 days before journey 30% of the booked performances are due. From 3 to 2 days before journey 60% of the booked performances are due.
5. Resignation of the hotel
- Provided that a right to rescind of the customer was agreed within a certain period in writing, the hotel is entitled in this period on his part to withdraw from the contract if inquiries of other customers are given after a by contract booked room and the customer does not renounce further inquiry of the hotel on his right to the resignation.
- If an agreed advance payment is not made, the hotel is also entitled to the resignation of the contract.
- Ferner ist das Hotel berechtigt, aus sachlich gerecFurther the hotel is entitled to withdraw for essentially justified reason from the contract, for example, in case: - higher power or other facts not to be represented by the hotel make the fulfilment of the contract impossible - Rooms are booked under delusive or false statement of essential facts, e.g., in the person of the customer or the purpose, - the hotel justified occasion for the acceptance has that the claim of the hotel performance can endanger the free from problems business enterprise, the security or the respect of the hotel in public, without this is to be added to the territory or organization area of the hotel.
- The hotel has to inform the customer of the exercise of the right to rescind immediately.
- With entitled resignation no compensation claim originates to the customer.
6. Room booking, room handing over, - taking back
- The customer acquires no claim to the provision of certain rooms.
- Booked rooms stand off to the customer 14:00 o'clock of the agreed journey day at the possession. The customer has no right to former occupancy.
- On the agreed departure day the rooms of the hotel are to be made available at the latest at 11:00 o'clock removed. Then the hotel after the damage originating to him thereby for the additional use of the room till 18:00 o'clock can charge for 50% of the full accommodation price (list price), from 18 o'clock 100%. It stays empty to the customer to prove to the hotel that nobody or a substantially low damage has originated.
7. Liability of the hotel
- The hotel sticks for the care of a well-arranged businessman. This liability is limited in the not typical performance area, nevertheless, to performance shortages, damages, secondary damages or disturbances which are due to intention or coarse carelessness of the hotel. Should disturbances or shortages of performances of the hotel appear, the hotel will try hard with knowledge or on prompt rebuke of the customer to provide for remedy. The customer is obliged to contribute reasonable to him to repair the disturbance and to hold the damage as low as possible.
- The hotel to the customer sticks for introduced things after the legal regulations. This is up to the hundredfold of the room price, at most 3000 Euros. The liability claims go out if the customer does not perceive his immediate obligation of registration compared with the hotel after §703 Civil Code.
- The legal regulations are valid for the unrestricted liability of the hotel.
- Compensation claims except because of coarse carelessness and intention are excluded.
- News, post and consignments of goods is treated by the hotel with the biggest care. The hotel takes over the delivery, safekeeping and if requested - against remuneration - the post-consignment of the same. Compensation claims, except because of coarse carelessness or intention, are excluded, on this occasion.
8. Final regulations
- It is worth the German right
- Should single points of these general terms and conditions be trifling or offend against valid right, this does not touch the validity of these general terms and conditions. For trifling or against valid right offending conditions the legal regulations come into force, instead.
- Exclusive legal venue - also with cheque and change litigations - is the seat of the hotel in the business transport. Provided that a contracting partner fulfils the condition §38 sales 1 ZPO and has no general legal venue by the inland, the seat of the hotel is valid as a legal venue.