General Terms and Conditions
General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF THE HOTEL RITTER DURBACH
1 SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts of Hotel Ritter Durbach GmbH & Co. KG (hereinafter referred to as the "Hotel") concerning
1.1.1 the rental of hotel rooms for accommodation purposes and all other services and deliveries provided by the hotel in this context for the contractual partner (hereinafter referred to as "guest") (hotel accommodation contract). The term "Hotel Accommodation Agreement" includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract
1.1.2 the temporary provision of rooms and/or other areas (e.g. outdoor facilities) of the hotel to tenants (hereinafter also referred to as "guest") for the organisation of "events" (e.g. banquets, conferences, celebrations, seminars, meetings, exhibitions, presentations etc.) as well as for all other related services and deliveries of the hotel
1.1.3 the contracts of consumers (§13 BGB) and entrepreneurs (§14 BGB) (hereinafter jointly referred to as "Guest") for individual team, individual and business coaching, participation in retreats or other events for personal development, reorientation or self-optimisation (hereinafter collectively referred to as "Meaning Services") of the hotel under the brand "The Meaning Hotel".
1.2 The subletting or re-letting of the rooms, rooms and/or other areas provided as well as their use for purposes other than accommodation (pursuant to 1.1.1) or the previously agreed event purposes (pursuant to 1.1.2 & 1.1.3) require the prior written consent of the hotel, whereby the right of cancellation pursuant to Section 540 (1) sentence 2 BGB is waived.
1.3 The guest's general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2 CONCLUSION OF CONTRACT, PARTNERS
2.1 The hotel accommodation contract is concluded upon acceptance of the guest's application by the hotel. The hotel is free to confirm the room booking in text form. In the case of bookings via the hotel's own homepage, the contract is concluded by clicking on the button "BOOK WITH PAYMENT".
2.2 In cases 1.1.2 and 1.1.3, the contract is concluded by the guest's acceptance of the offer submitted by the hotel. The contractual partners are the hotel and the guest. If the customer concludes the contract in the name of a third party, it is the third party and not the customer who becomes the hotel's contractual partner. The customer must specifically inform the hotel of this in good time before conclusion of the contract and inform the hotel of the name and address of the actual contractual partner.
2.3 If the customer recognisably concludes the contract in the name of the third party or if the third party has commissioned a commercial agent or organiser for the contractual processing, the customer, agent or organiser shall be jointly and severally liable with the third party who becomes the contractual partner for all obligations arising from the contract, insofar as the hotel has received corresponding declarations from the customer, agent or organiser. Irrespective of this, the customer is obliged to pass on to the third party all information relevant to the booking, in particular these General Terms and Conditions.
2.4 All claims against the hotel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, OFFSETTING, COUNTERCLAIMS
3.1 The hotel is obliged to keep the rooms booked by the guest available and to provide the agreed services in accordance with these General Terms and Conditions or to provide an adequate replacement.
In particular, the hotel must provide the rooms and areas booked by the guest. However, the Guest shall only be entitled to the provision of specific rooms if the Hotel has confirmed this in text form.
3.2 The guest is obliged to pay the agreed or applicable prices of the hotel for the provision of the rooms/spaces/areas and the other services used by him (including all ancillary services such as consumption, telephone, laundry, etc.). This also applies to services ordered by the guest directly or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion and fulfilment of the contract exceeds four months. If the period between the conclusion of the contract and the start of the event exceeds one year and the price generally charged by the hotel for the contractual services increases, the contractually agreed price may be increased appropriately, but by no more than the applicable consumer price index.
3.4 If the guest utilises further services of the hotel or has arranged for services or expenses of the hotel to be provided to third parties, the guest must pay the applicable or agreed prices. This also applies in particular to claims by copyright collecting societies (e.g. GEMA). In the case of events with entertainment subject to GEMA registration, the hotel merely acts as an intermediary. Registration with GEMA is the responsibility of the organiser, or alternatively the artist engaged by the organiser. In the event of failure to do so, the organiser alone shall be fully liable. The hotel is not obliged to conclude contracts with such companies without a separate agreement.
3.5 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the length of the guest's stay requested by the guest dependent on the price for the rooms and/or for the hotel's other services being increased.
3.6 Hotel invoices without a due date are payable immediately upon receipt of the invoice without deduction. The hotel may demand immediate payment of due claims from the guest at any time. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest for companies in the amount of 10% above the base interest rate or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages. After default of payment has occurred, the hotel may charge pre-trial reminder costs of 12.00 euros for each reminder.
3.7 The hotel is entitled to demand a reasonable advance payment or security deposit from the guest upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In particular in cases 1.1.2 and 1.1.3, 50% of the expected turnover must be paid up to 27 days before the start of the event.
3.8 In justified cases, e.g. if the guest is in arrears with payment or if the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of Section 3.7 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the beginning of the stay.
3.9 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the guest at the beginning and during the stay within the meaning of the above clause 3.7 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause 3.7 and/or clause 3.8.
3.10 The Guest may only exercise a right of retention, offset or reduce a claim against the Hotel if such claim is undisputed or has been recognised by declaratory judgement.
3.11 The guest agrees that the invoice may be sent to him electronically.
4 SPECIAL AGREEMENTS ON EVENT SERVICES
4.1 Changes to the number of participants and the time of the event
The guest is obliged to inform the hotel of the expected number of participants when booking the event. If the final number of participants is more than 5% above or below the expected number of participants, this change requires the consent of the hotel in text form and must be communicated by the guest to the hotel at least 7 working days before the start of the event. Consent may be made dependent on a change to the agreed prices and an exchange of the confirmed rooms/spaces, unless this is unreasonable for the guest.
We also refer to the cancellation conditions set out in Section 5 and the validity of the individual contractual conditions agreed by acceptance of the offer.
4.1.1 If the final number of participants does not correspond to the expected number of participants, the following provisions shall apply - unless otherwise agreed with the hotel in text form - for the hotel's services (menu prices, conference packages, etc.) to be invoiced according to the number of participants:
4.1.1.1 In the event of an increase in the registered and contractually agreed number of participants, the actual number of persons shall be charged.
4.1.1.2 In the event of a reduction in the contractually agreed number of participants, the discounts listed under clause 5 shall apply to all agreed services.
4.1.1.3 In the event of a reduction of more than 10%, the hotel is entitled to increase the agreed prices appropriately and to exchange the confirmed rooms, unless this cannot be reasonably expected of the guest.
4.1.2 The prices may also be changed by the hotel if the guest subsequently requests changes to the hotel's services or the duration of the event and the hotel agrees to this.
4.1.3 In the cases specified in 4.1.1.2 to 4.1.1.3, the guest is entitled to deduct from the price the expenses saved by the hotel due to the lower number of participants. The burden of proof for the amount of the reduction lies with the guest.
4.2 Changes to the start and end of the event
4.2.1 If the agreed start or end times of the event are postponed without the hotel's prior consent in text form, the hotel may charge additional costs for the continued readiness to provide services pursuant to § 315 BGB - in particular for the provision of staff and equipment - unless the hotel is responsible for the postponement.
4.2.2 In the case of events lasting beyond 11.00 p.m., the hotel may, unless otherwise agreed, invoice staff costs from this time onwards on the basis of itemised bills. Furthermore, the hotel may charge the travelling expenses of employees on an itemised basis if they have to make their way home after public transport has closed.
4.3 Bringing in food and drinks
Guests may not bring food and drink to events. Anything to the contrary shall only apply if this has been agreed with the hotel in text form. In such cases, unless otherwise agreed, a contribution in accordance with § 315 BGB (German Civil Code) will be charged to cover overheads (cake charge, corkage fee, etc.). The hotel accepts no liability whatsoever for food and drinks brought into the hotel. In this respect, the guest shall indemnify the hotel against any claims by third parties.
4.4 Technical facilities and connections
4.4.1 If and insofar as the Hotel procures technical or other equipment from third parties for the Guest at the Guest's instigation
equipment from third parties at the guest's request, it acts in the name of, on the authorisation of and for the account of the guest. The Guest must treat the equipment with care and return it properly. If third parties assert claims against the Hotel arising from the provision of such equipment, the Guest shall indemnify the Hotel against such claims.
4.4.2 The guest may only operate their own electrical equipment on the hotel's electricity network if the hotel
Hotel has given its prior consent in text form. Any malfunctions or damage to the hotel's technical equipment resulting from the use of such equipment shall be borne by the guest, unless the hotel is responsible for such malfunctions or damage. The resulting electricity costs can be recorded and charged by the hotel at a flat rate.
4.4.3 With the hotel's consent, the guest is entitled to use his own telephone and data transmission equipment.
own telephone and data transmission equipment. The hotel may charge a connection fee for this. If corresponding hotel equipment remains unused due to the guest's own equipment being connected, a reasonable cancellation fee may be charged.
4.4.4 The hotel endeavours to rectify faults in technical or other facilities provided by the hotel upon immediate
technical or other facilities provided by the hotel upon immediate complaint by the guest. Payments may not be withheld or reduced insofar as the hotel is not responsible for these faults.
4.5 The guest must obtain all necessary official authorisations for the event at his own expense.
permits required for the event at his own expense. He is responsible for complying with these authorisations and all other public law regulations in connection with the event. If the guest assigns the provision of services in connection with the event (e.g. set-up work, etc.) to third parties, the guest must ensure compliance with all relevant health and safety regulations.
4.6 The Guest may only use the name and trademarks of the Hotel in the context of advertising its event after prior
event only after prior consultation with the hotel.
4.7 Special regulations, in particular regarding liability issues for objects and decorative material brought
decoration material brought by the guest
4.7.1 Any exhibits or other items, including personal items, brought into the hotel are at the risk of the guest.
the event rooms or in the hotel at the guest's own risk. The hotel does not assume any
duty of supervision or safekeeping. The Hotel shall only be liable for loss, destruction or damage under the conditions set out in Section 9.
4.7.2 The decoration material provided by the guest must fulfil the fire protection requirements. The Hotel may make the use of the decoration material dependent on the presentation of official proof. If the Guest fails to provide such proof, the Hotel may remove any decoration material already brought in at the Guest's expense.
4.7.3 If the Guest wishes to place objects that are not typical for the intended event in the event rooms or on the rented
event rooms or on the rented areas, he must agree this with the Hotel in advance. The same applies to objects which, although typical for the planned event, are at the same time capable of causing considerable danger to life and limb or property. At the end of the event, the guest must immediately remove any items brought along and their own decoration material. If the Guest fails to fulfil this obligation, the Hotel shall be entitled to remove and store the items and decoration material itself and to charge the Guest for the costs incurred.
4.7.4 If the items/decoration material remain in the function room, the hotel may charge the guest
may charge the guest a reasonable compensation for use until removal. The guest is permitted to prove that the claim asserted has not arisen or has not arisen in the amount demanded.
4.7.5 Packaging material (cardboard boxes, crates, plastic, etc.) that has been disposed of in connection with the
by the guest or third parties must be disposed of by the contractual partner. If the guest leaves packaging material behind in the hotel, the hotel is entitled to dispose of it at the guest's expense.
5 WITHDRAWAL/CANCELLATION ("CANCELLATION") BY THE GUEST/GUEST AND NON-UTILISATION OF THE HOTEL'S SERVICES ("NO SHOW")
5.1 Regulations on cancellation/cancellation/non-utilisation for hotel accommodation contracts in accordance with 1.1.1 of these General Terms and Conditions
5.1.1 Cancellation by the guest, including all additional services already booked, is possible free of charge up to two days before the booked arrival date.
The following additional services are expressly excluded from this: Hotel special events, such as the Black Forest Winter Challenge, kitchen party, cookery courses, wine tastings and the like, hereinafter referred to as "special events", for which the agreements in section 5.1.6 of these General Terms and Conditions apply.
Hotel accommodation contracts concluded with early booking rates and other discounted services are also excluded. The agreements applicable to these can be found in Section 5.1.7 of these General Terms and Conditions.
5.1.2 In the event of cancellation less than two days before the booked arrival date by 6 p.m. on the day of arrival, 80% of the travel price will be charged.
5.1.3 In the event of cancellation after 6 p.m. on the booked day of arrival, 100% of the travel price will be charged.
5.1.4 The following cancellation conditions apply to arrangements
- Up to 7 days before arrival 0% of the travel price will be charged
- Up to 2 days before arrival 80% of the travel price will be charged
- Later and on arrival 100% of the travel price will be charged
The guest can see which offers fall under "arrangements" here.
5.1.5 The following cancellation conditions apply to any other hotel accommodation contract concluded with the hotel for a period from 27.12. - 3.01. of each year,
- Up to 14 days before arrival 0% of the travel price will be charged
- Up to 7 days before arrival 80% of the travel price will be charged
- Later and on arrival 100% of the travel price will be charged
5.1.6 For the hotel's own events without a ticket (e.g. Black Forest Winter Challenge), there are separate contractual regulations which the guest recognises when booking.
5.1.7 Agreed contracts with an early booking rate or introductory discount must be paid in advance, are non-refundable and are subject to an unchangeable rate.
The full cost will be charged (within 24 hours of booking). If payment is not made within 48 hours of making the reservation, the hotel reserves the right to release the reservation. Date changes or cancellations of the reservation are not permitted. The credit card used at the time of booking must be valid for the entire stay. Cancellation of the reservation free of charge is not possible.
5.2 Regulations on cancellation/cancellation/non-utilisation, in particular for hotel accommodation contracts
contracts & other services in accordance with 1.1.2 and 1.1.3 of these General Terms and Conditions
5.2.1 The guest is only entitled to cancel the contract free of charge if he cannot reasonably be expected to adhere to the contract for reasons for which the hotel is responsible, if the hotel has previously agreed to the cancellation in text form or if a right of cancellation has been agreed between the guest and the hotel in text form. Such an agreed right of cancellation shall lapse if it has not been exercised in text form within the period granted by the hotel.
5.2.2 The following cancellation conditions apply to booked hotel rooms
(from a group size of 10 rooms to 40 rooms):
- Up to 28 days before arrival, 0% of the travel price will be charged
- Up to 21 days before arrival, 25% of the travel price will be charged
- Up to 14 days before arrival 50% of the travel price will be charged
- Up to 7 days before arrival 85% of the holiday price will be charged
- Up to 2 days before arrival 95% of the holiday price will be charged
- Later and on arrival 100% of the tour price will be charged
(from a group size of 41 rooms):
- Up to 60 days before arrival 0% of the tour price will be charged
- Up to 42 days before arrival, 25% of the holiday price will be charged
- Up to 28 days before arrival 50% of the tour price will be charged
- Up to 14 days before arrival 85% of the holiday price will be charged
- Up to 2 days before arrival 95% of the holiday price will be charged
- Later and on arrival 100% of the travel price will be charged
The following cancellation conditions apply to the booking of room contingents
- The rates agreed within the framework of room contingents are binding for the hotel up to 8 weeks before arrival
- Rooms from the contingent can be booked up to 8 weeks before arrival
- Bookings within the framework of room contingents can be cancelled free of charge up to 48 hours before arrival
The following cancellation conditions apply to the conference package, rental of function rooms, booked lunches and dinners that are not included in the conference package, as well as Meaning services from the time the contract is signed:
- Up to 28 days before the start of the event, 0% of the travel price will be charged
- Up to 14 days before the start of the event, 25% of the travel price will be charged
- Up to 7 days before the start of the event, 50% of the tour price will be charged
- Up to 2 days before the start of the event, 75% of the tour price will be charged
- Later and at the start of the event 100% of the tour price will be charged
The following cancellation conditions apply to services within the framework of Meaning Retreats
- Up to 15 days before arrival 0% of the travel price will be charged
- Up to 8 days before arrival 80% of the travel price will be charged
- Later and at the start of the event 100% of the travel price will be charged
5.2.3 If the guest cancels although he was not or no longer entitled to do so, the following applies:
He remains obliged to pay for the services arranged with third parties in full, as well as to pay the agreed room hire, even if he does not utilise the contractually agreed services. If the rooms/spaces can be sublet, the room rent received from this subletting shall be offset against the price agreed with the guest. If the rooms/spaces cannot be sublet, the hotel is obliged to deduct any expenses saved. The hotel may make a flat-rate deduction. In this case, the guest is obliged to pay 90% of the contractually agreed room rent.
5.3 Cancellation conditions for services in our restaurants
Guests at our restaurants can cancel reserved tables free of charge up to 24 hours in advance; in the event of later cancellation, we charge a no-show fee of EUR 80 per person
For group reservations of 13 persons or more, reserved tables can be cancelled as follows:
- Up to 28 days before the start of the event, 0% of the service will be charged
- Up to 14 days before the start of the event, 25% of the service will be charged
- Up to 7 days before the start of the event, 50% of the service will be charged
- Later and at the start of the event, a no-show fee of EUR 80.0 per person will be charged.
5.4 Cancellation conditions for services in our Ritter Spa
Guests who use our spa as part of the offers Day Spa / Wellness Day / Sunday Special / Feierabend Spa or similar can cancel free of charge up to 24 hours before their arrival, after which we charge 100% of the booked service. Guests who book treatments (e.g. massages/cosmetics etc.) in our Ritter Spa can cancel these free of charge up to 24 hours before the start of the treatment, after which we will charge 100% of the booked service.
5.5 Cancellation conditions for tickets
Tickets for events are generally non-refundable and are subject to a non-changeable rate. Changes to the date of the reservation are not permitted. Cancellation leads to forfeiture of the advance payment. It is not possible to cancel or rebook a reservation free of charge. Booking via the ticket shop with immediate payment.
Hotel accommodation contracts in connection with tickets are subject to the same conditions.
5.6 Cancellation conditions for services as part of our weekly programme
Guests of our weekly programme can cancel their participation free of charge up to 24 hours before the start of the event, after which we will charge 100% of the booked service.
5.6.1 Cancellation conditions for vouchers
Vouchers are non-refundable. They remain valid until the end of the 3rd year after issue.
5.7 In addition, cancellation of the contract is only possible if a right of cancellation has been expressly agreed in the contract or if a statutory right of cancellation or termination exists. Cancellation by the guest of the contract concluded with the hotel must be made in good time and must be in writing.
5.8 Insofar as the Guest is entitled to a right of cancellation of the contract free of charge by law or under these Terms and Conditions, the Guest may cancel the contract up to the agreed dates without incurring payment or damage compensation claims by the Hotel. The guest's right of cancellation expires if he does not exercise it in text form vis-à-vis the hotel by the agreed date.
5.9 The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. The guest is at liberty to prove that the hotel's claims listed in § 5 did not arise or did not arise in the amount claimed.
6 CONSENT TO THE USE OF PHOTOGRAPHIC MATERIAL
In the course of special events (e.g. kitchen party and Black Forest Winter Challenge), photos and video recordings of guests are regularly taken, some of which are clearly recognisable. The guest agrees to the recordings and consents to their commercial use - such as distribution, editing and forwarding, etc. - in digital form - such as on the Internet and in social networks - and in print form. The consent is unlimited in terms of time and place and applies to all forms of distribution and publication.
7 CANCELLATION BY THE HOTEL
7.1 If it has been agreed that the guest 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 enquiries from other guests about the contractually booked rooms/rooms/other areas and the guest is not able to book them on request. The guest shall be entitled to withdraw from the contract during this period if there are requests from other guests for the contractually booked rooms/spaces/other areas and the guest does not waive his right of cancellation upon enquiry by the hotel within a reasonable period of time. This applies accordingly if an option is granted, if other enquiries are received and the guest is not prepared to make a firm booking upon enquiry by the hotel within a reasonable period of time.
7.2 If an advance payment or security deposit agreed or demanded in accordance with Section 3.7 and/or Section 3.8 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.
7.3 Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible;
- rooms or rooms are booked intentionally or negligently with misleading or false information or concealment of material facts; material facts may include the identity of the guest/guest or the person of the organiser, the ability to pay or the purpose of the stay;
- a significant deterioration in the financial circumstances of the guest/guest occurs after conclusion of the contract
- the hotel has reasonable grounds to assume that the use of the service may impair or jeopardise the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organisation;
- the purpose or reason for the stay is unlawful;
- there is a breach of the above-mentioned clause 1.2.
7.4 The justified cancellation of the hotel does not constitute a claim for damages on the part of the guest. Should the hotel have a claim for damages against the guest in the event of cancellation in accordance with the above clause 7.2 or 7.3, the hotel may charge a lump sum.
8 ROOM PROVISION, HANDOVER AND RETURN
8.1 The guest does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.
8.2 Booked rooms are available to the guest from 15:00 on the agreed day of arrival. The guest is not entitled to earlier availability.
8.3 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 this time, the hotel may charge a surcharge of EUR 15 for the late vacating of the room until 12:00 noon, 50% of the full accommodation price until 6:00 p.m. and 90% of the full accommodation price (price according to the price list) from 6:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel has no or a significantly lower claim to a usage fee.
9 LIABILITY OF THE GUEST FOR EVENTS
9.1 The guest shall be liable for all damage to the building or inventory caused by himself or his legal representatives, event participants or
legal representatives, event participants or visitors, employees or other third parties from his area.
9.2 The hotel may require the organiser to provide appropriate security (e.g. insurance policies, deposits, guarantees),
deposits, guarantees).
9.3 The guest must ensure that all waste is disposed of in accordance with the relevant regulations on separation and other treatment.
regulations on separation and other treatment. In the event of non-compliance, the hotel is entitled to charge the guest for the costs of disposal and any associated cleaning of the rooms.
9.4 The use of external security services requires the prior written consent of the hotel.
hotel.
9.5 Photographs for commercial purposes may only be taken in the hotel with the hotel's prior written consent.
consent in text form.
10 LIABILITY OF THE HOTEL FOR HOTEL ACCOMMODATION
10.1 The hotel is liable for its obligations under the contract with the due care of a prudent businessman. The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations which make the proper fulfilment of the contract possible in the first place and on the fulfilment of which the guest relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise stipulated in these GTC. Should disruptions or defects in the hotel's services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the guest. The guest is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.
10.1.1 The hotel is liable to the guest for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
10.1.2 If the guest is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel has no duty of supervision. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, unless the hotel is responsible for intent or gross negligence. This also applies to the hotel's vicarious agents. The damage must be claimed at the latest when leaving the hotel property.
10.1.3 Wake-up calls are carried out by the hotel with the utmost care. Messages for the guest are handled with care. The hotel may, by prior arrangement with the guest, accept, store and - on request - forward mail and consignments for a fee. The Hotel shall only be liable in this respect in accordance with Section 10.1 above.
10.1.4 Should disruptions or defects in the hotel's services occur, the hotel shall endeavour to remedy the situation upon immediate complaint by the guest. If the guest culpably fails to notify the hotel of a defect, the guest shall not be entitled to a reduction of the contractually agreed remuneration. The guest is also obliged to make reasonable efforts to rectify the fault and to avoid or minimise the threat of damage. If there is a possibility that the hotel will incur unusually high damages, the guest must also point this out immediately.
10.2 The hotel is liable in accordance with the statutory provisions for all damages arising from injury to life, limb and health
life, body and health as well as in the case of the assumption of a guarantee by the hotel and in the case of fraudulently concealed defects.
10.3 For all other damages not covered by 9.1 and 9.2 and caused by slightly negligent behaviour on the part of the hotel
behaviour of the hotel, its legal representatives or its vicarious agents, the hotel shall only be liable if these damages are attributable to the breach of an obligation typical of the contract; in these cases, liability shall be limited to the foreseeable damage typical of the contract.
10.4 The aforementioned limitations of liability shall apply to all claims for damages irrespective of their legal grounds, including
legal grounds, including claims arising from unauthorised acts. The above limitations and exclusions of liability shall also apply in cases of any claims for damages by a guest against employees or vicarious agents of the hotel.
10.5 The Guest's claims for damages shall become time-barred no later than two years from the
time at which the guest becomes aware of the damage or, irrespective of this knowledge, at the latest after three years from the time of the damaging event. This does not apply to liability for damages resulting from injury to life, limb or health or for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.
11 FINAL PROVISIONS
11.1 Amendments or additions to the contract, the acceptance of the application or these General Terms and
General Terms and Conditions for Hotel Accommodation should be made in text form. Unilateral amendments or additions by the guest are invalid.
11.2 The place of fulfilment and payment is Durbach. The exclusive place of jurisdiction for commercial
Durbach in commercial transactions. However, the Hotel is also entitled to bring actions and other legal proceedings at the Guest's general place of jurisdiction. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
11.3 The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the
conflict of laws is excluded.
11.4 Should individual provisions of these General Terms and Conditions be or become invalid or
invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
11.5 In accordance with the statutory obligation, the hotel points out that the European
Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): http://ec.europa.eu/consumers/...
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
11.6 If individual or several provisions of these General Terms and Conditions are or become
terms and conditions are or become invalid or void, this shall not affect the validity of the remaining terms and conditions. Otherwise the law applies.
Durbach, November 2023