GENERAL TERMS AND CONDITIONS
General Terms and Conditions for Hotel and Arrangement Services of Hotel Badehaus Goor
The following terms and conditions apply to the provision of hotel rooms and to all other services provided to the client by Kurimmobilien Raulff OHG (hereinafter referred to as the Hotel):
I. Conclusion of Contract, Termination, Withdrawal, Cancellation of Hotel Accommodation Contract
1. The hotel accommodation contract is concluded by the confirmation of a booking by the hotel or by the acceptance of an offer by the hotel by the customer.
2. The contractual partners are the hotel and the guest. If a third party makes the booking for the guest, he shall be liable to the hotel as ordering party together with the guest as joint debtor with all obligations arising from the contract, provided the hotel has received a corresponding declaration from the ordering party. Each purchaser is obliged to forward all information relevant to the booking, in particular these General Terms and Conditions, to the customer.
3. If the customer cancels the contract in whole or in part by cancelling it, the hotel must give its consent.
4. If the Hotel does not accept the termination of the contract, the Hotel shall endeavour to sublet the room(s). If this is not possible for the hotel, payment of the agreed accommodation price for the contractual period less the expenses saved shall be due.
Experience has shown that these saved expenses amount to
- for overnight stays with breakfast ./.20%,
- for overnight stays with half board / 30%,
- for overnight stays with full board 40%.
- The regulation also applies to a reduction in the number of rooms ordered and/or the length of stay.
The following cancellation conditions apply per booking:
- up to 35 days before departure = 10%.
- from 34th to 22nd day = 20%.
- from 21st to 15th day = 30%.
- from 14th to 7th day = 50%.
- from day 6 = 60%
- on the day of departure, in case of non-arrival or cancellation after departure = 80%.
The customer is of course entitled to prove to the hotel that the actual damage incurred was less or that no damage was incurred at all.
5. The subletting or subletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.
6. The hotel shall be entitled to withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract, if rooms have been booked under misleading or false statements of essential facts, e.g. concerning the hotel guest or the purpose, and if the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardise the smooth operation of the business, the security or the reputation of the hotel. If the withdrawal of the hotel is justified, the customer has no claim to compensation.
7. Information on our online booking form - mandatory information according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council:
The following office of the European Commission is at your disposal for the online settlement of consumer disputes and further information:
II. arrival and departure
1. The hotel is obliged to make the reserved rooms available from 15.00 on the day of arrival. Whenever possible, rooms will be made available earlier if necessary. There is no entitlement to an earlier handover.
2. Unless otherwise agreed, the hotel shall keep reserved rooms free until 6 p.m. Thereafter, the hotel shall be free to allocate rooms elsewhere.
3. booked rooms shall be available to the guest until 11.00 a.m. on the day of departure. If the guest does not leave the room until after 11.00 a.m., the hotel may additionally demand 50% of the accommodation price for this day if the room is made available by 4.00 p.m., or 100% from 4.00 p.m. onwards.
4. If the customer does not reserve the total number of rooms in the hotel, he may not claim the use of certain hotel rooms and/or rooms. The customer only acquires a claim to the correspondingly promised category.
5. if a parking space is made available to the customer on the hotel parking lot or in the underground car park, even for a fee, this shall not constitute any contractual obligations on the part of the hotel. The StVO applies to the entire hotel premises.
III. contract for other agreed services
In the case of other services ordered, such as room rentals and/or agreed sales of food and drinks - e.g. at events - the following conditions shall apply:
The customer must inform the hotel of the number of participants no later than two working days before the service is to be provided. If fewer participants than agreed, the customer shall make payment in accordance with the agreed number. If there are more participants, payment shall be made according to this number of participants.
Cancellation of the contract Gastronomic services can be cancelled free of charge up to 15 days before the event. Agreed room rents shall be charged as reserved rooms. The amount of the room rent is stated in the order confirmation. 14 to 8 days prior to the event, the agreed room rent and the reimbursement of 50% of the lost turnover shall be payable in the event of withdrawal by the customer. The lost turnover shall be calculated according to
the price of the pre-ordered meals or the minimum menu price in the house, if no menu has been pre-ordered. From the 7th day before the event, the agreed room rent and 75% of the lost turnover are to be paid by the customer.
IV. Price increases, payment, place of performance
1 The agreed prices include the statutory value added tax. Any increase in value added tax after conclusion of the contract shall be borne by the customer.
The hotel shall be entitled to demand payment in the amount stipulated in the contract in advance when the customer arrives at the hotel. Invoices of the hotel shall be payable immediately upon receipt without deduction. The guest shall be in default (within the meaning of § 286 para. 3, sentence 1 BGB) at the latest if he does not make payment within 30 days of the due date and receipt of an invoice. Other payment dates shall be specified in the contract. Accrued claims
can be made due at any time and immediate payment can be demanded. The hotel may charge a reminder fee of € 5.00 for each reminder sent after default has occurred.
In the event of default in payment, the hotel shall be entitled to charge interest on the outstanding invoice amount at a rate of 5% above the respective base interest rate of the Deutsche Bundesbank. The customer shall have the right to prove a lower damage, the hotel the right to prove a higher damage.
The customer may only set off or reduce a claim of the hotel against an undisputed or legally enforceable claim.
The place of performance and payment shall be the registered office of the hotel booked.
V. External services
In addition to the hotel services, the customer can be provided with external services, e.g. sports courses, visits to events and excursions, etc. External services are not provided by the hotel, but by third parties (service providers) under their own responsibility. Individual offers of the arrangements or holiday weeks may be subject to change. In the event of changes, the hotel shall endeavour to procure an equivalent replacement. If a service offered by the hotel as part of an arrangement cannot be provided by a third party, this service will not be invoiced in the package. If the guest does not make use of dates offered by us, the service shall be deemed to have been rendered.
VI. Liability / Statute of Limitations
1. the hotel shall be liable in the area of its own provision of services within the framework of the statutory provisions. Claims for damages arising from positive breach of contract, from culpa in contrahendo and from tort shall be asserted against both the hotel and the customer.
its personnel shall be limited to damage caused intentionally and by gross negligence.
The limitation period for claims of the customer against the hotel shall be six months after the contractually agreed hotel service has been rendered. The short limitation period shall also apply to the Hotel's benefit in the event of culpa in contrahendo claims, positive breach of contract and tort.
3. no warranty and/or liability shall be assumed for services provided by third parties within the meaning of Clause V.
4) Valuables may be stored in the hotel safe. The Hotel recommends making use of this option.
The Hotel shall not be liable for loss of or damage to a motor vehicle parked on the Hotel property and/or for its contents. A custody agreement shall not be concluded. Guarding shall not take place.
VII. Use of swimming pools and saunas
The use of the swimming pool and sauna is not allowed for the
Hotel guests free of charge, without financial compensation for non-use or closure of any kind.
VIII. Supplementary Special Provision to Item I until 31.12.2021 (date of arrival is decisive) due to Corona, pandemic situations and force majeure
1. If the hotel cannot be operated in whole or in part due to ordinances, general orders or administrative acts to combat or prevent the spread of the corona virus or similar serious reasons of force majeure (external circumstances for which the hotel is not responsible) and the guest cannot make use of the corresponding services, the hotel shall not be deemed to be in breach of its obligations. This shall apply irrespective of the date of issuance of the ordinance, general ruling and administrative act. The hotel undertakes to inform the guest of the commencement and the expected period of validity of such an administrative act. Regulations and general orders applicable to the Hotel shall be announced and published by the legislator. In the event that the hotel is prevented from fulfilling its contractual obligations for the aforementioned reasons, the hotel is entitled, without compensation, to adjust its hotel offer in accordance with the applicable legal framework, which may only be refused for good cause. If this is not possible or reasonable for the hotel or unreasonable for the guest or is rejected for good cause, both parties are entitled to cancel the stay free of charge. If the hotel operation is prohibited in its entirety, the hotel is entitled to offer the guest an alternative travel date. If the parties are unable to agree on an alternative date, both parties are entitled to withdraw from the affected contract by declaration in text form free of charge.
2. Should the guest not be able to travel on the booked date due to official travel bans or quarantine orders (also upon return from the booked travel country) due to Corona or similar global pandemics according to the definition of the WHO, the guest may cancel his room free of charge, irrespective of the scales in Section I No. 4, insofar as the guest has provided proof that it is actually objectively impossible for the guest to travel for the aforementioned reasons. Only concerns of the guest or official recommendations to refrain from tourist travel do not justify a right to cancel free of charge.
3. Point I no. 1 to 7 continue to apply unchanged, as long as the guest's withdrawal is not due to a corona-related circumstance or similar global pandemics according to the definition of the WHO. In the event of the guest's opposition to the regulations, general orders or administrative acts imposed on the hotel (e.g. accommodation only with valid proof of testing) and a resulting cancellation, the guest will be charged 50% of the travel price for the remainder of the booking.
IX. final provisions
1. for any disputes arising from this contract and its performance, the jurisdiction of the court competent for the registered office of the hotel shall be agreed, to the extent legally permissible.
Should individual provisions of these General Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.