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General Terms and Conditions for Hotel Accommodation

Scope

  1. These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all additional services and deliveries provided by the hotel to the customer.
  2. These General Terms and Conditions also apply to all future business transactions in commercial dealings, even if we have not explicitly referred to these Terms and Conditions again or at all.
  3. Subletting or re-renting the provided rooms, as well as using them for purposes other than accommodation, requires the prior written consent of the hotel.
  4. The customer’s terms and conditions shall only apply if this has been explicitly agreed in writing beforehand.
  5. By placing an order with us, or at the latest by accepting our services, the customer acknowledges these Terms and Conditions.

Contract Conclusion, Contracting Parties, Liability, Statute of Limitations

  1. The contract is concluded upon the hotel’s acceptance (confirmation) of the customer’s offer; the hotel and the customer are the contracting parties. The hotel reserves the right to confirm the contract in writing.
  2. The contracting parties are the hotel and the customer. If a third party has made the booking on behalf of the customer, they shall be jointly and severally liable with the customer for all obligations arising from the contract. Regardless, the booker is obligated to forward all booking-relevant information, in particular these General Terms and Conditions, to the end customer.
  3. The hotel is liable for its obligations under the contract. This liability is limited to performance defects that are attributable to intent or gross negligence on the part of the hotel, except in the performance-typical area.
  4. All claims against the hotel generally become time-barred one year from the beginning of the knowledge-dependent regular statute of limitations under § 199 (1) of the German Civil Code (BGB). Claims for damages become time-barred after 5 years, regardless of knowledge. The limitations on the statute of limitations do not apply to claims based on intentional or grossly negligent breach of duty by the hotel.

Services, Prices, Payment, Set-Off

  1. The hotel is obligated to provide the services ordered by the customer and confirmed by the hotel in accordance with these General Terms and Conditions.
  2. The customer has no claim to fulfillment for services provided free of charge outside the hotel’s core business.
  3. Pets may only be brought after prior registration and confirmation by the hotel. Arrival with an unregistered pet entitles the hotel to extraordinary withdrawal from the contract or to charge a compensation fee according to the current price list per day.
  4. The customer is obligated to pay the prices agreed upon or customary for the hotel’s services, as well as the prices for any additional services used by the customer. This also applies to services and expenses arranged by the customer and incurred by the hotel with third parties.
  5. The stated prices include the respective statutory value-added tax and are gross prices. If the price generally charged by the hotel for such services increases, it may be increased appropriately, but by no more than 10%.
  6. The hotel may also change the prices if the customer subsequently requests changes to the hotel’s services and the hotel agrees to them.
  7. Payment is due no later than the day of departure, in cash or by electronic cash. Credit card acceptance upon request.
  8. Invoices from the hotel without a due date (only for previously confirmed services in writing) are payable within 7 days of receipt without deduction. Payments are considered made only once the amount has been credited to one of our accounts. Any fees incurred, especially for payments or transfers from abroad, regardless of type, shall be borne by the debtor. The hotel is entitled to demand immediate payment of any outstanding claims at any time. In case of payment delay, the hotel is entitled to charge interest at a rate of 5% above the respective base interest rate. The customer retains the right to prove that a lower damage occurred, and the hotel retains the right to prove a higher damage.
  9. The hotel is entitled to demand a reasonable advance payment or security deposit at any time, in the form of a credit card guarantee, a down payment, or similar. The amount of the advance payment and the payment terms may be agreed upon in writing in the contract.
  10. The customer may only offset or reduce a claim by the hotel with an undisputed or legally binding claim.

Customer Withdrawal (Cancellation)

  1. The customer’s withdrawal from the contract concluded with the hotel requires the hotel’s written consent. If this is not granted, the agreed price from the contract must still be paid, even if the customer does not use the contractual services.
  2. This does not apply in cases of the hotel’s delay in performance or if the hotel is responsible for the impossibility of providing the service.
  3. If a deadline for the customer’s withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up until that deadline without triggering any payment or compensation claims from the hotel. The customer’s right of withdrawal expires if they do not exercise their right to withdraw in writing by the agreed deadline.
  4. The provisions of § 651i of the German Civil Code (BGB) and the current case law of the German Federal Court of Justice apply to the customer’s withdrawal.
  5. The amount of the cancellation fee depends on the type of services booked and, according to current case law, is 90% for accommodation only, 80% for accommodation with breakfast, 70% for half-board, and 60% for full-board. If the guest does not arrive without prior cancellation, a 100% cancellation fee applies.
  6. Cancellation is generally free of charge up to 14 days before arrival. After this period, the cancellation conditions according to point 5 apply. Individual agreements take precedence over this regulation.
  7. The customer is free to prove that no damage has occurred or that the damage incurred by the hotel is lower than the requested cancellation fee.

Hotel Cancellation Insurance

We recommend all guests to take out travel cancellation insurance in case they are unable to commence their trip for reasons attributable to their own sphere.

Current Version of the General Terms and Conditions

You can access the current version of the General Terms and Conditions at any time on our website at www.lindenhof-bad-schandau.de .

Hotel Withdrawal

  1. If a right of withdrawal for the customer has been agreed in writing within a certain period, the hotel is entitled, during this period, to withdraw from the contract if other customers have inquired about the contractually booked rooms and the customer, upon inquiry by the hotel, does not waive their right to withdraw.
  2. If the advance payment is not made even after the expiry of a reasonable deadline set by the hotel with a threat of rejection, the hotel is entitled to withdraw from the contract.
  3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example, if
    • force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract;
    • services are booked under misleading or false information regarding essential facts, e.g., concerning the person of the customer or the purpose;
    • the hotel has reasonable cause to believe that using the hotel’s services could disrupt the smooth operation of the business, endanger safety, or harm the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organization;
    • there is a violation of the scope of application as described in paragraph 3 above;
    • the contracting party has filed for the opening of insolvency proceedings regarding their assets;
  4. The hotel must inform the customer in writing without delay of its exercise of the right of withdrawal.
  5. In the event of a justified withdrawal by the hotel, the customer has no claim for compensation, except in cases of intentional or grossly negligent conduct by the hotel.

Room Provision, Handover, and Return

  1. Booked rooms are available to the customer from 3:00 PM on the agreed arrival date and must be occupied by 8:00 PM. After this time, the hotel may rent them to others without the contracting party being entitled to derive any compensation claims from this, unless the customer has previously assured the hotel in writing of their arrival. An earlier arrival can be arranged for a fee (Early Check-In).
  2. On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 AM at the latest. A later departure can be arranged for a fee (Late Check-Out). Without an agreement, the hotel may, in addition to any actual damage incurred, charge 100% of the full accommodation price (list price) for the additional use of the room. The customer is free to prove to the hotel that no damage or significantly lower damage has occurred.
  3. The customer does not acquire any legal claim to the provision of a specific room they desire.

Customer Liability for Damages

The customer is liable for all damage to the building or inventory caused by intentional or grossly negligent behavior.

Hotel Liability

  1. The hotel is liable with the care of a prudent merchant. However, this liability is limited in the non-performance-typical area to performance defects, damages, consequential damages, or disruptions attributable to intent or gross negligence on the part of the hotel.
  2. If disruptions or defects occur in the hotel’s services, the hotel will endeavor to provide a remedy upon becoming aware of them or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to resolve the disruption and minimize any possible damage. If the contracting party negligently fails to report a defect to the hotel, they forfeit any claim to a reduction in the agreed remuneration.
  3. The hotel is liable for items brought in by the customer in accordance with statutory provisions. Money and valuables can be stored in the hotel safe up to a maximum value of €10,000. The hotel recommends making use of this option. Liability claims expire if the customer does not immediately notify the hotel upon gaining knowledge of loss, destruction, or damage (§ 703 German Civil Code).
  4. If the customer is provided with a parking space on a hotel parking lot or a parking lot provided by third parties, even for a fee, this does not establish a custody agreement. There is no obligation to monitor the parking lot.
  5. Wake-up calls are executed by the hotel with the utmost care. Claims for damages, except in cases of gross negligence or intent, are excluded.

Data Processing and Privacy

In connection with the initiation, conclusion, execution, and reversal of a contract based on these General Terms and Conditions, the hotel collects, stores, and processes data. This is done in compliance with legal provisions. The hotel does not disclose the customer’s personal data to third parties unless legally required to do so or the customer has explicitly consented beforehand. If a third party is used for services related to the execution of the event, the provisions of the Federal Data Protection Act (BDSG) are complied with. The data provided by the customer during the ordering process is processed exclusively for the purpose of contact within the framework of contract execution and only for the purpose for which the customer has provided the data. If the provider is subject to commercial or tax law retention periods, some data may be stored for up to ten years. During visits to the hotel’s website, anonymized data that does not allow or intend to draw conclusions about personal data—such as IP address, date, time, browser type, operating system, and pages visited—is logged. Upon the customer’s request, personal data will be deleted, corrected, or blocked within the framework of legal provisions.

Final Provisions

  1. Amendments or supplements to the contract require text form.
  2. The place of performance and payment is the hotel’s registered office.
  3. The exclusive place of jurisdiction is Pirna.
  4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules is excluded.
  5. If individual provisions of these General Terms and Conditions for Hotel Accommodation are or become invalid or void, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.
  6. Deviating regulations from the service provider or operator shall only apply if this has been agreed upon in the individual case beforehand.

Changes reserved. Status: June 2021