AGB
GENERAL TERMS AND CONDITIONS
1 SCOPE
1.1 These terms and conditions apply to contracts for the temporary rental of hotel rooms for accommodation, as well as to all other related services and deliveries provided by the hotel to the customer (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, or hotel room contract.
1.2 The subletting or further renting of the provided rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in text form. Section 540, paragraph 1, sentence 2 of the German Civil Code (BGB) is waived unless the customer is a consumer as defined by Section 13 BGB.
1.3 The customer's general terms and conditions only apply if explicitly agreed upon in text form in advance.
2 CONTRACT CONCLUSION, CONTRACT PARTNERS, STATUTE OF LIMITATIONS
2.1 The contracting parties are the hotel and the customer. The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel generally expire within one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims if these are based on intentional or grossly negligent breaches of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to make the booked rooms available and to provide the agreed services.
3.2 The customer is obligated to pay the hotel's applicable or agreed prices for the room provision and any other services used. This also applies to services and expenses provided or advanced by the hotel to third parties at the customer's request.
3.3 The agreed prices include applicable taxes and local charges valid at the time of contract conclusion. Excluded are local charges that the guest owes according to municipal law, such as visitor's tax. If there are changes in VAT or the introduction, modification, or elimination of local charges related to the contractual services after the contract is concluded, prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and fulfillment exceeds four months.
3.4 The hotel's consent to a subsequent reduction in the number of booked rooms, services, or duration of stay may be conditional upon an increase in the price of the rooms and/or other hotel services.
3.5 Hotel invoices are payable immediately upon receipt without deduction. If payment by invoice is agreed upon, payment must be made within 7 days of receipt of the invoice, unless otherwise agreed.
3.6 The hotel is entitled to request an appropriate advance payment or security deposit, such as a credit card guarantee, upon contract conclusion. The amount of the advance payment and the payment deadlines can be agreed upon in text form. Legal provisions remain unaffected for package travel deposits. Statutory regulations apply in the event of customer payment default.
3.7 The hotel is also entitled to request an appropriate advance payment or security deposit during the stay for existing or future claims under the contract if such has not already been provided.
3.8 The customer may only offset or reduce a claim by the hotel with an undisputed or legally binding claim.
3.9 The customer agrees to receive invoices electronically.
4 CUSTOMER WITHDRAWAL (CANCELLATION) / NON-UTILIZATION OF SERVICES (NO-SHOW)
4.1 Free cancellation by the customer is only possible up to 14 days before arrival or if the hotel explicitly agrees to the contract termination in writing. For cancellations outside the deadline, the hotel charges full compensation for damages or costs.
The Hotel Waldeslust strongly recommends purchasing travel cancellation insurance.
5 HOTEL WITHDRAWAL
5.1 Within the cancellation period, the hotel reserves the right to withdraw from the contract if other customer inquiries exist for the same booked rooms and the customer, upon inquiry by the hotel, does not waive their right to withdraw. This also applies to option agreements if other inquiries exist and the customer does not confirm the booking after a reasonable deadline set by the hotel.
5.2 If an agreed or requested advance payment or security deposit is not made within the deadline, the hotel may withdraw from the contract.
5.3 The hotel may also withdraw for justified reasons, such as:
- Force majeure or other reasons beyond the hotel's control making the contract's fulfillment impossible.
- Rooms booked with misleading or false information about essential facts (e.g., customer's identity or payment ability).
- The hotel reasonably believes the stay could endanger its operations, safety, or reputation, without being attributable to the hotel.
- The purpose or occasion of the stay is illegal.
- A violation of clause 1.2 above.
5.4 The hotel’s justified withdrawal does not entitle the customer to damages.
6 ROOM PROVISION, HANDOVER, AND RETURN
6.1 The customer has no entitlement to specific rooms unless expressly agreed upon in writing.
6.2 Booked rooms are available to the customer from 2:00 PM on the agreed arrival date. Early provision is not guaranteed.
6.3 Rooms must be vacated by 11:00 AM on the agreed departure date. Late departure incurs charges of 50% of the room rate until 6:00 PM, and 90% after 6:00 PM.
7 HOTEL LIABILITY
7.1 The hotel is liable for damages caused by the breach of life, body, or health due to its negligence. It is also liable for other damages resulting from gross negligence or typical contractual obligations.
7.2 The hotel is not liable for items brought in. The use of room safes is recommended.
7.3 Providing a parking space does not establish a custody agreement. The hotel is not liable for theft or damage to vehicles or their contents on hotel premises.
Source: Terms adapted from DEHOGA’s sample terms and conditions.
Hotel Waldeslust
Am Donnerberg 12, 01773 Altenberg, OT Rehefeld-Zaunhaus