General Terms and Conditions
General Terms and Conditions for an accommodation contract with the Bernhardhof Schlickenrieder GbR (Gesellschaft bürgerlichen Rechts, company under civil law)
Scope: the following conditions, insofar as they have been effectively agreed, will become the content of any accommodation contract based on a booking between the guest and the accommodation facility (Beherbergungsbetrieb, hereinafter referred to as “BHB”.
1.1 These terms and conditions apply to hotel rooms and holiday apartments for accommodation made available on a for hire basis, together with all further goods and services provided to the customer by the hotel.
1.2 Subletting of the rooms/holiday apartments made available as well as their use for purposes other than accommodation require advance permission in writing from the landlord.
1.3 The T&C of the BHB apply in all cases. The customer’s terms and conditions will apply only in cases where this has been explicitly agreed in writing in advance.
2. Conclusion of the contract
2.1. On booking, the guest offers the BHB a binding conclusion to the contract for accommodation. This offer is based on the description of the accommodation and the supplementary information set out in the basis for booking, insofar as these are available to the customer. A holiday booking is binding when a room, a holiday apartment or a holiday house is ordered by the guest and the order is accepted, or in the event of a short-term booking made available, by the landlord.
2.2. The contract shall come into effect after the receipt of the electronic confirmation of booking by the person making the booking. A further confirmation of the booking, particularly in writing, is not required. A binding contract for accommodation or guest accommodation agreement can also be made informally, that is to say orally, and in particular by phone, unless the parties to the contract have explicitly agreed on the written form.
2.3. Neither of the parties to the contract may withdraw unilaterally for whatever reason of cancellation (an exception: force majeure). Bad weather, illness or even a death within the close family do not justify withdrawal from the contract. However, the parties may at any time agree together to dissolve the contract. If this should be the case, the landlord can demand from the guest the agreed or commercially customary rent price minus the landlord’s saved expenditure.
2.4. The reservation of a hotel room/holiday apartment is not a type of “non-binding request in advance” by the guest, which obligates the hotel owner but can be withdrawn without sanction at any time by the guest.
3. Prices and services, price rises
3.1. The prices given are final prices and include the statutory VAT and all subsidiary costs, unless differing information is given regarding the subsidiary costs. They apply per room and for all-inclusive offers per person. Visitor’s taxes, tourism taxes and payments for selected or additional services may be charged and shown separately.
3.2. The services owed by the BHB are based solely on the content of booking confirmation, combined with the relevant applicable description of the property in the booking portal and the information on services contained therein. Comfort and equipment of the BHB and the accommodation booked: deviating descriptions of the BHB, its equipment and services, as well as the accommodation booked, in the house brochures of the BHB, accommodation directories or other documents are not essential for the duties of service of the BHB, unless on the page of the offer explicit reference has been made to them forming part of the offer.
3.3. For rebooking (changes to the date of arrival and departure, length of stay, type of board, to booked additional services or other supplementary services) where there is no legal requirement of performance, the BHB may demand a minimum rebooking fee of € 15.00 per amendment. This does not apply if the amendment is only minor.
3.4. If the time between the conclusion and performance of the contract should exceed four months and the price generally charged by the hotel for such services increases, this may raise the contractually agreed price,but only by a maximum of 5% .
4.1. The due dates of down payment and remaining payment shall be according to the information in the offer and the relevant information in the booking confirmation. If no special information is noted in the booking information, the total price for accommodation, including payment for subsidiary costs and additional services, is payable to the BHB by the end of the stay. However, a deposit to the amount of at least 50% can be demanded at any time.
4.2. Payment in foreign currency or by crossed cheque is not possible. Payment by bank transfer at the end of the stay is not possible unless it has been confirmed in advance in writing by the BHB.
5. Withdrawal and non-arrival
5.1. In the event of a withdrawal, the claim by the BHB for the agreed price for the stay including the share for board and payment for additional services shall remain.
5.2. Within the bounds of its normal business operations and without obligation to make special efforts, and also taking into account the special nature of the accommodation (e.g. non-smoking room, family room), the BHB is to attempt to find another occupancy for the accommodation. The BHB is to credit another occupancy, and, if such is not possible, any saved expenditure.
5.3. According to the legally recognised percentages for determining saved expenditure, the guest or client is to pay the following amounts to the accommodation facility, based in each case on the full price for accommodation services (including all subsidiary costs), but without taking into account any official levies such as tourist tax or visitor’s tax, unless other arrangements were stated in the booking:
– For holiday apartments/accommodation without board 80%
– For overnight stay with breakfast 80%
5.4. The guest/client has the clearly stated right to prove to the BHB that the BHB’s saved expenditure was considerably higher than the reductions shown above, or that other use of the accommodation services has been made. In the event of such proof, the guest or client is obliged only to pay the correspondingly reduced amount.
5.6. Taking out a travel cancellation insurance policy is strongly recommended.
5.7. The declaration of withdrawal can only be made directly to the BHB in writing. Cancellations via the booking portal or a local tourist office are not possible. Bookings made via a booking portal/tourist information must be cancelled at the relevant portal.
6. Obligations of the customer, termination by the BHB
6.1. Unless otherwise agreed, the accommodation can only be used by the guest for whom it was booked.
6.2. The guest is obliged to treat the accommodation and its equipment with care.
6.3. The guest is obliged to notify the BHB immediately of any defects or faults and to request remedial action. If the defects are not notified, any claims by the guest may be partially or wholly invalidated.
6.4. The guest can only terminate the contract in the event of serious defects or faults. Before so doing, the guest, as part of the notification of defects, is to set a reasonable period for the BHB to provide remedial action, unless remedial action is impossible, refused by the BHB or immediate termination is factually justified by a particular interest of the guest that is recognisable to the BHB or that a continued stay is unreasonable under such circumstances.
6.5. Bringing pets into the accommodation and keeping them there is not permitted. Violations of the above condition can entitle the BHB to extraordinary termination of the accommodation contract or lead to an additional fee of €150.00.
6.6. The BHB can terminate the accommodation contract without notice, if the guest, despite a warning by the BHB, causes continuing disturbance to the BHB or to the performance of the stay, or if the guest behaves in a manner contrary to the contract to such an extent as to justify the immediate cancellation of the contract.
7.1. The hotel shall be liable for its contractual obligations with the due diligence of a prudent business person. Claims by the customer for compensation are excluded. Exceptions shall be damages arising from loss of life, physical injury or injury to health, if the hotel is responsible for this violation of its duty, other damages due to deliberate or gross negligence of its duties by the hotel and damages due to deliberate or gross negligence of typical contractual duties of the hotel. A violation of duty by the hotel is equivalent to a violation of duty by a legal representative or vicarious agent. If faults or defects in the services of the hotel should occur, the hotel will, on becoming aware of these or on immediate complaint by the customer, ensure that they are remedied. The customer is obliged to make every reasonable contribution to remove the fault and to keep the level of any possible damage as low as possible. The contractual liability of the BHB for damage that is not physical damage to persons is limited to three times the price of the stay, to the extent that damage to the guest by the BHB has not been deliberate or caused by gross negligence and insofar as the BHB is responsible for the damage to a guest solely due to the fault of a vicarious agent.
8. Limitation period
8.1. Claims for whatever legal reason by the guest against the BHB arising from the accommodation contract – excepting however claims by the guest based on prohibited actions – are limited to a period of one year.
8.2. The limitation period shall begin at the end of the year in which the claim has arisen and the guest has gained knowledge of the circumstances on which the claim is based and awareness that the BHB is at fault, or should have gained these without gross negligence.
8.3. If negotiations about the claims or about the circumstances on which the claim is based made are in progress between the guest and the BHB, the limitation period is halted until the guest or the BHB refuses to continue negotiations. The period of limitation of one year mentioned above shall begin 3 months after the end of this stoppage at the earliest.
9. Choice of law and place of jurisdiction
9.1. German law shall apply exclusively to the contractual relationship between the guest or client and the BHB. The same applies to the other legal circumstances.
9.2. The guest can only sue the BHB at the latter’s registered office.
9.3. For claims by the BHB against the guest or client, the place of residence of the customer shall determine the location. For claims against guests or clients who are business persons, legal entities under public or private law or persons with their place of residence or registered office or domicile abroad, or whose place of residence or registered office or domicile at the time at which the action was filed is unknown, the registered office of the BHB is agreed as the place of jurisdiction.
9.4. The above conditions do not apply if and insofar as conditions of the European Union or other international conditions that cannot be modified apply to the contract.
Signed Bernhardhof Schlickenrieder GbR, Wettlkam, January 2023