§ 1 SCOPE OF APPLICATION
- These conditions apply to all services provided by Winterrot Hotelbetriebe GmbH (limited liability), hereinafter referred to as “Hotel Winterrot”. The services that the Hotel Winterrot provides to the guest, the organizer and other contractual partners consist in particular in the rental of hotel rooms and other areas for, for example, conferences and other events, the sale of food and beverages, the support and organization of culture - and sporting events and other programs. The Hotel Winterrot is entitled to provide its services through third parties.
- The subletting and re-letting of the leased areas require the prior written consent of Hotel Winterrots. The Hotel Winterrot can issue a written exception on request at its own discretion.
- These conditions apply to all types of contracts, such as Hotel accommodation, package tour, contingent or event contracts that are concluded with Hotel Winterrot. The conditions also apply to all future business with the contractual partner.
- General terms and conditions of the contractual partner do not apply, even if Hotel Winterrot does not expressly contradict them. Possible counter-confirmations by the contractual partner with reference to his general terms and conditions are hereby rejected.
§ 2 CONCLUSION OF CONTRACT, LIABILITY, INTRODUCED ITEMS & amp; LIMITATION OF LIMITATION
- Offers from Hotel Winterrots are always non-binding.
- The respective contract comes into existence after an oral or written request by the contract partner and through the acceptance of the Hotel Winterrots. Hotel Winterrot is free to confirm the application in writing, verbally, in text form (e-mail, fax) or conclusively by providing the service.
- The contractual partner is the Hotel Winterrot and the respective contractual partner / customer. If the contractual partner is not the organizer himself, or if the organizer engages a commercial agent or organizer, they are jointly and severally liable with the organizer for all obligations under the contract. Within the framework of this "contingent contract", the contractual partner is liable for all damage culpably caused by the end user.
- A group booking occurs when a contractual partner / customer books more than seven rooms in a hotel, which are related in terms of time and / or material, in one or more booking processes. This is independent of the booking method and can be done in person, by telephone, fax, e-mail, in writing, via www.hotelwinterrot.com or via so-called online portals and intermediary sites of third parties or in other ways.
- Hotel Winterrot is liable for its obligations under the contract with the diligence of a prudent businessman. The Hotel Winterrot is only liable for all legal and contractual claims in the case of willful or grossly negligent behavior. Claims of the contractual partner / customer for damages are excluded. Excluded from this are damage resulting from injury to life, limb or health, if the Hotel Winterrot is responsible for the breach of duty, other damage based on an intentional or negligent breach of typical contractual obligations of the Hotel Winterrot. A breach of duty by Hotel Winterrots is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the services of the Hotel Winterrot occur, the Hotel Winterrot will endeavor to remedy the situation as soon as the customer becomes aware of it or if the customer complains about it immediately. The contractual partner / customer is obliged to inform Hotel Winterrot in good time of the possibility of exceptionally high damage and to limit the possible damage to a minimum.
- Smoking cigarettes and / or water pipes in the entire hotel complex is strictly prohibited. In the event of non-compliance, a contractual penalty of EUR 250.00 will be charged. If a faulty fire alarm is triggered, the customer undertakes to pay the costs incurred by the local fire brigade in the amount of EUR 2,000.00. The costs incurred are to be paid immediately on departure via the hotel bill. & Nbsp;
The hotel reserves the right to charge costs for property damage caused by the customer in the furnishings of the hotel, hotel room or inventory. The Botel also reserves the right to claim damages for any consequential damage.
Exclusions and limitations of liability apply in the same wayIn favor of all companies used by the Hotel Winterrot to fulfill its contractual obligations, their subcontractors and vicarious agents. They do not apply if Hotel Winterrot assumes a guarantee for the quality of a thing or a work or for fraudulently concealed errors.
The contractual partner / customer is obliged to notify the hotel of any discernible performance defects immediately, at the latest on departure.
The legal provisions of §§ 701 ff BGB apply to items brought in by the contractual partner.
Items left behind by the contractual partner / customer will only be forwarded on request, at the risk and expense of the contractual partner. According to the legal regulations. All claims of the contractual partner against the Hotel Winterrot from or in connection with the contract expire after one year, beginning at the end of the year in which the claim arose and the contractual partner became aware of the circumstances giving rise to the claim or obtained them without gross negligence should. & nbsp;
§ 3 EXTENSION OF USE, ROOM HANDOVER & amp; DEPARTURE & nbsp;
- The rooms are provided exclusively for accommodation purposes.
- The contractual partner / customer is liable to Hotel Winterrot for all damage caused by him or by third parties who receive Hotel Winterrot's services at his request.
- The contractual partner / customer has no right to use certain rooms. If rooms are not available in the house, the Hotel Winterrot will inform the contractual partner immediately and offer an equivalent replacement in a nearby hotel of the same category. If the contract partner refuses, the Hotel Winterrot must immediately reimburse the services provided by the contract partner.
- Booked rooms are available to the contractual partner from 3:00 p.m. on the day of arrival. Unless otherwise agreed, the Hotel Winterrot has the right to reassign booked rooms after 6:00 p.m. without the contractual partner being able to derive any rights or claims from this.
- The guest is obliged to vacate the room on the day of departure no later than 11:00 am and on Sundays & amp; Vacations on public holidays by 1:00 p.m. Thereafter, the Hotel Winterrot can charge 50% of the daily rate in addition to the resulting damage for the additional use of the room until 3:00 p.m., from 3:00 p.m. 100% of the daily rate is due. & Nbsp;
§ 4 EVENTS & nbsp;
- For events at which food and drinks are served, the organizer must inform the Hotel Winterrot of the number of participants and the choice of food no later than 10 working days before the event. If the number of participants is higher than that agreed upon at the time of booking, this higher number will only become part of the contract if Hotel Winterrot agrees to this in writing. If the Hotel Winterrot does not agree, the contractual partner is not entitled to hold the event with a higher number of participants. If the Hotel Winterrot agrees, the billing is based on the new agreement. Additional expenses can be charged. The contractual partner is not entitled to consent. The billing is based on the contractual agreements regardless of the notification of the number of participants.
- Reserved rooms are only available to the contractual partner within the period agreed in writing. Any further use requires the written consent of Hotel Winterrots and is generally only granted for an additional fee.
- If the agreed starting time of an event is postponed, Hotel Winterrot is entitled to invoice the contract partner for all additional costs incurred as a result.
- For events that go beyond midnight, the Hotel Winterrot can charge each booked service person 50.00 € plus total Invoice VAT. The contractual partner is liable to Hotel Winterrot for additional services to the event participants or to third parties in connection with the event.
- All events that are subject to GEMA must be reported to GEMA by the organizer in advance. The organizer bears the GEMA fees. The Hotel Winterrot is released from the organizer with regard to all GEMA claims. The contractual partner must procure all official approvals at its own expense, provided that in writing I have not expressly agreed otherwise. The contractual partner is responsible for compliance with all relevant (regulatory) legal requirements.
- The contractual partner is liable for the behavior of his employees, event participants and other auxiliary staff as well as for his own behavior. The hotel can require the contractual partner to provide appropriate securities (e.g. insurance, deposits, guarantees).
- Packing materials, exhibition or other items brought along must be removed after the event. If the organizer fails to do so, the Hotel Winterrot is entitled to remove and store it at the expense of the organizer. If objects or packaging remain in the event room, the Hotel Winterrot can charge room rent for the duration of the stay. The organizer reserves the right to provide evidence of lower damage. In order to prevent damage, the attachment and installation of decorative material or other objects must be coordinated with Hotel Winterrot in advance. Items brought in during an event, such as decorative material or similar. must comply with all relevant regulatory requirements. Malfunctions or defects in facilities made available by Hotel Winterrot will be rectified as far as Hotel Winterrots can. The contractual partner cannot derive any claims in this context. Hotel Winterrots does not provide insurance cover for items brought in. The contract partner is solely responsible for taking out the necessary insurance.
- The use of the organizer's own electrical systems requires the hotel management's written consent before being connected to the Hotel Winterrots power grid. The resulting electricity consumption is calculated according to the applicable supply and work prices as charged by the utility company to Hotel Winterrot. The Hotel Winterrot is free to collect and charge a flat rate. Malfunctions or defects in the technical systems of the Hotel Winterrots caused by connection are at the expense of the contractual partner / customer.
- If the Hotel Winterrot procures technical or other equipment from third parties for the contractual partner, the Hotel Winterrot acts in the name and for the account of the contractual partner / customer. He is liable for the careful handling and proper return of the facilities and releases Hotel Winterrot from all third-party claims upon first written request. The Hotel Winterrots accepts no liability for failure to procure them on time or for deficiencies in the facilities provided.
- Bringing your own food and drinks to the events is generally not permitted.
- Any form of advertising, information, invitations that create a reference to Hotel Winterrot, in particular by using the respective hotel name, requires the prior written consent of the hotel. & nbsp;
§ 5 PROVISION OF SERVICES, PRICES, PAYMENTS, INVOICES & amp; ASSIGNMENT & nbsp;
- The prices of the respective services are based on the Hotel Winterrots price list valid at the time the service is provided. All prices include the z. Currently valid total Ust .. The prices include public charges - unless otherwise stated, e.g. Visitor's taxes, cultural taxes (so-called "bed tax") or similar. not included. The contractual partner / customer must also bear the duties mentioned. The respective amounts will be invoiced separately. Increases in sales tax are at the expense of the contractual partner / customer. If the period between the conclusion of the contract and the first contractual performance exceeds 120 days, the Hotel Winterrot has the right to increase prices up to a maximum of 10%. Subsequent changes to the services can lead to changes in prices. The Hotel Winterrot is entitled to request an advance payment or security deposit of up to 100% of the total payment obligation of the contractual partner from the contractual partner / customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be specified in the contract.
- Has the contractual partner / customer booked within a period during which a trade fair, a major event or other regional event takes place in the catchment area of the Hotel Winterrot and will after the conclusion of the contract for reasons for which the Hotel Winterrot is not responsible has postponed such an event, this contract applies to the new period if Hotel Winterrot is able to fulfill the agreed services at this point in time. Whether the Hotel Winterrot fulfills its service obligation will notify the contractual partner within a reasonable period of time. If the service is not possible, in particular if the booked rooms have already been rented to third parties for the new period, the parties can withdraw from the contract without giving reasons. The assertion of claims against the other party is excluded. This does not apply to services already granted. These are to be reimbursed or paid for.
- The Hotel Winterrot's payment claim is due immediately after receipt of the respective invoice without deduction. An invoice is deemed to have been received by the invoice recipient no later than 7 days after it has been sent, unless earlier receipt can be proven. In the event of default in payment, the statutory rules apply.
- The creation of a total invoice does not release you from the timely payment of the individual invoices. A delay in payment of even just one single invoice entitles the Hotel Winterrot to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit of up to 100% of the outstanding payment.
- The Hotel Winterrot is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, the Hotel Winterrot is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The Hotel Winterrot reserves the right to provide evidence of damage. Invoices are to be paid immediately in cash or by credit card. The Hotel Winterrot is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators are only accepted if there is a credit agreement with the company concerned or if appropriate advance payments have been made. A reimbursement of unused services is excluded.
- The contractual partner can only offset against a claim by Hotel Winterrots if his claim is undisputed or has been legally established. This applies analogously to the exercise of a right of retention due to the contractual partner's own claims. Claims and other rights may only be assigned with the written consent of Hotel Winterrots.
- If the contractual partner uses a credit card to pay for Hotel Winterrot products with a prepayment obligation (e.g. general orders with prepayment or guaranteed booking) without having to present it physically (e.g. via telephone, internet, etc.) the contractual partner in relation to the Hotel Winterrot is not entitled to revoke this debit from his credit card company. 8. Corrections and changes to the invoice by Hotel Winterrot are only made upon presentation of the original invoice to Hotel Winterrot and will only be processed within 14 days of receipt of the original invoice. & Nbsp;
§ 6 WITHDRAWAL, CANCELLATION, REDUCTION & nbsp;
- Reservations made by the contractual partner are binding for both contractual partners. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if Hotel Winterrot does not agree to a cancellation of the contract, Hotel Winterrot retains the right to the agreed remuneration despite non-use of the service. The Hotel Winterrot has to offset the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to someone else, the Hotel Winterrot can apply a flat-rate deduction for saved expenses. In this case, the contractual partner is obliged to pay the following proportions of the contractually agreed total price for accommodation with or without breakfast For 1 - 6 rooms
a) 80% of the contractually agreed total price if the written cancellation or reduction between 2 and 1 Days before the start of the service period of the Hotel Winterrots
b) 100% of the contractually agreed total price if the written cancellation or reduction is received less than 1 day before the start of the service period of the Hotel Winterrots.
c) For package deals with External services, 70% for half-board and 60% for full-board arrangements. The Hotel Winterrot has no claim if the written cancellation or reduction is received up to (and including) 90 days before the start of the Hotel Winterrot's service period. From 7 rooms a) 80% of the contractually agreed total price if the written cancellation or reduction is received between 14 and 7 days before the start of the service period of the Hotel Winterrots b) 100% of the contractually agreed total price if the written cancellation or reduction is received less than 7 days before the start of the Hotel Winterrots service period. c) For all-inclusive arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The Hotel Winterrot has no claim if the written cancellation or reduction is received up to (and including) 120 days before the start of the Hotel Winterrot's service period.
- The contractual partner is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
- If the Hotel Winterrot can otherwise provide the canceled service to third parties in the agreed period, the contractual partner's compensation is reduced by the amount that these third parties pay for the canceled service, but no more than the total Compensation. & Nbsp;
§ 7 WITHDRAWAL & amp; TERMINATION & nbsp;
- The hotel winterrot is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) according to the legal regulations if a) the contractual partner does not provide a due service b) the Fulfillment of the contract is impossible due to force majeure, strikes or other circumstances for which Hotel Winterrot is not responsible c) the contractual partner provides misleading or false information about essential data d) the contractual partner uses the name Hotel winterrot with advertising measures without prior written consent e) contractual Rooms are sublet in whole or in part without the written consent of Hotel Winterrot f) Hotel Winterrot has justified cause to believe that the use of the hotel service may endanger the smooth business operations, the safety or the reputation of Hotel Winterrot in public.
- The Hotel Winterrot must inform the contractual partner in writing of the exercise of the withdrawal / termination immediately, at the latest within 14 days after the reason becomes known. Cancellation of the contract by Hotel Winterrot does not give rise to any claims by the contractual partner for damages or other compensation. A claim of the Hotel Winterrots for compensation for damage incurred and the expenses incurred by it remains unaffected in the event of the justified termination of the contract. & Nbsp;
§ 8 ADDITIONAL PROVISIONS FOR PACKAGE TRAVEL AGREEMENTS & nbsp;
- If the Hotel Winterrots is obliged to provide food and lodging in the organization of a leisure program as a paid personal contribution, this constitutes a so-called package travel contract.
- Due to changes, deviations or reductions in individual services within the framework of a package tour contract, which become necessary after the conclusion of the contract, the contractual partner cannot assert any claims if they are only insignificant.
- In the case of mediated services (package tours unaffected), the Hotel Winterrot is not liable for the provision of services by external service providers or transport companies, but only for the proper mediation of the travel service and for the proper transfer of information from the service provider to the participant .
- In the case of a package tour, liability for damage other than physical injury is limited to three times the travel price, provided that damage to the contract partner was not caused intentionally or through gross negligence or if the Hotel Winterrot was incurred by the contract partner Damage is solely responsible due to the fault of a service provider. & Nbsp;
§ 9 PLACE OF PERFORMANCE AND PAYMENT, PLACE OF JURISDICTION, SIDE AGREEMENTS, PARTIAL INVALIDITY & nbsp;
- The place of fulfillment and payment for both parties is the headquarters of the Hotel Winterrot.
- German law applies.
- With the exception of private end users, Karlsruhe is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract. & nbsp;
§ 10 ALTERNATIVE DISPUTE RESOLUTION ACCORDING TO ART. 14 para. 1 & nbsp;