Terms of Service
BIOHOTEL BAVARIA
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1 SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a BGB. The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby the right of termination pursuant to § 540 paragraph 1 sentence 2 BGB is waived.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form.
2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES
The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer’s application by the hotel. In the case of booking an offer, the contract is concluded by clicking on the “Send booking request” button, via the hotel’s own homepage by clicking on the “Send booking request” button.
homepage by clicking on the button “BOOK WITH OBLIGATION TO PAY”.
3 SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for the room rental and the other services used by him. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include taxes and local charges applicable at the time the contract is concluded. Local taxes that are owed by the guest according to local law, such as tourist tax, are not included. If there is a change in the statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.
3.4 If payment by invoice has been agreed, payment must be made without deductions within ten days of receipt of the invoice, unless otherwise agreed.
3.5 The hotel is entitled to demand an appropriate advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. If the customer defaults on payment, the statutory regulations apply.
3.6 In justified cases, for example the customer’s payment arrears or an extension of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of Section 3.5 above, even after conclusion of the contract up to the start of the stay, or to increase the advance payment or security deposit agreed in the contract up to the full amount to demand the agreed remuneration.
3.7 The hotel is also entitled to demand an appropriate advance payment or security deposit from the customer within the meaning of Section 3.5 above for existing ones at the beginning and during the stay
and to demand future claims from the contract, insofar as such claims have not already been made in accordance with Section 3.5 and/or Section 3.6 above.
3.8 The customer can only offset or set off an undisputed or legally binding claim against a claim of the hotel.
3.9 The customer agrees that the invoice can be sent to him electronically.
4 WITHDRAWAL/TERMINATION (“CANCELATION”) BY THE CUSTOMER FAILURE TO USE THE HOTEL’S SERVICES (“NO SHOW”)
4.1 A unilateral solution by the customer to the contract concluded with the hotel is only possible if a right of withdrawal was expressly agreed in the contract or a statutory right of withdrawal or termination exists.
4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering any claims for payment or damages from the hotel. The customer’s right of withdrawal expires if he does not exercise this in writing to the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired and there is no statutory right of withdrawal or termination, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must take into account the income from renting the rooms elsewhere as well as the saved expenses. If the rooms are not rented to someone else, the hotel can make a flat rate deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise to the required amount.
5 WITHDRAWAL OF THE HOTEL
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer responds to the hotel’s inquiry with appropriate deadline does not waive his right to withdraw. This applies accordingly if an option is granted if there are other requests and the customer is not prepared to make a firm booking when asked by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.5 and/or Section 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
– force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible;
– Rooms or rooms are culpably booked with misleading or false information or with concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay may be important;
– the hotel has reasonable grounds to believe that the use of the service
the smooth business operations, the security or the reputation of the hotel in the
can endanger the public without this being within the control or organizational area of the hotel
is attributable;
– the purpose or reason for the stay is unlawful; – there is a violation of Section 1.2 above.
5.4 The hotel’s justified withdrawal does not constitute the customer’s right to compensation. If the hotel has a claim for damages against the customer in the event of a withdrawal in accordance with paragraphs 5.2 or 5.3 above, the hotel can charge a flat rate for this. Section 4.3 applies accordingly in this case.
6 ROOM PROVISION, DELIVERY AND RETURN
6.1 The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing.
6.2 Booked rooms are available to the customer from 2:00 p.m. on the agreed arrival day. The customer has no right to earlier availability.
6.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (price according to the price list) for its use beyond the contract until 6:00 p.m., and 90% from 6:00 p.m. This does not justify the customer’s contractual claims. He is free to prove that the hotel has no or a significantly lower claim to usage fees.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of the hotel’s typical contractual obligations. Typical contractual obligations are those obligations that ensure the proper implementation of the contract