General terms and conditions
1. these general terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided to the customer by the hotel Fichtelberghaus (hotel accommodation contract). The term “Hotel Accommodation Agreement” shall include and replace the following terms: Accommodation-hotel, hotel accommodation contract, hotel room contract.
2. the General Terms and Conditions for Events at Hotel Fichtelberghaus apply exclusively to the booking of event rooms and the holding of events. The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form in advance.
II. Conclusion of Contract, Contractual Partner, Statute of Limitations
1. contracting parties are the hotel and the customer. The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in text form.
2. if a third party has ordered for the customer, the customer is liable to the hotel together with the third party as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.
3. irrespective of this, the third party is obliged to forward all booking-relevant information, in particular these General Terms and Conditions, to the customer.
4. all claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, Prices, Payment, Offsetting
1. the hotel is obliged to keep ready the rooms booked by the customer and to provide the agreed services.
2. subletting or re-letting the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
3. the customer is obligated to pay the prices of the hotel applicable or agreed for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties initiated by the customer. For the use of services in the normal hotel operation or restaurant area, which requires the provision of employees, the hotel is entitled to charge reasonable surcharges per hour or part thereof after 24:00.
4. the agreed prices are inclusive of taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes that are owed by the customer according to the respective local law (e.g. tourist tax); these are to be paid by the customer and his fellow travelers on site according to the local rates.
In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this applies only if the period between the conclusion and performance of the contract exceeds 4 months.
6. the settlement is made in the currency EURO. In case of payment with foreign means of payment, the exchange rate differences and bank charges shall be borne by the party obliged to pay.
7. the hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s service or the customer’s length of stay conditional on an increase in the price for the rooms or for the hotel’s other services.
8. invoices of the hotel without due date are payable immediately upon receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.
9. the hotel is entitled to demand a reasonable advance payment or security deposit from the customer 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 the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of default in payment by the customer, the statutory provisions shall apply.
(10) In justified cases, e.g. if the customer is in arrears with payment or if the scope of the contract is extended, the hotel shall be entitled, even after conclusion of the contract, to demand an advance payment or provision of security within the meaning of Section III.9 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
The customer may only offset an undisputed or legally binding claim against a claim of the hotel.
12. the hotel has a lien on all objects brought into the hotel by the customer for its claims, § 704 BGB.
13. dogs and other pets are allowed in our hotel only in selected rooms and the restaurant “Erzgebirgsstuben”. Pets are not allowed in the restaurant “das Guck”.
If the customer receives access to the Internet via the guest WLAN system of the hotel as a voluntarily provided service, he/she must always comply with the applicable laws and regulations in the area of application of the Federal Republic of Germany as well as those legal systems that could be affected by the use of the Internet via WLAN. In particular, but not exclusively, he/she shall observe all the provisions of the applicable intellectual property law and of public safety and order and shall refrain from any acts or omissions that are penalized as misdemeanors or criminal offenses and, furthermore, shall always refrain from anything that is likely to damage the good reputation and/or the public image of the hotel or the operators.
The use of the Internet is at the customer’s own risk. In particular, the hotel is not liable for the technical failure of the Internet or access to the Internet. Furthermore, the hotel shall not be liable for any damages (direct or indirect) incurred by the customer through the use of the Internet, in particular on end devices used by the customer, e.g. due to viruses or other malware. Changes to the (technical) facilities provided by the hotel for the use of the W-Lan or the Internet are to be refrained from by the customer at any time. In the event of technical problems in connection with the use of the Internet via the W-Lan service, the hotel staff must be consulted; unauthorized attempts by the customer to solve the problem must be refrained from.
If and to the extent that the hotel provides the customer with access to the Internet by means of W-Lan, the hotel shall not charge any separate costs for this over and above the price of the overnight stay.
IV. Withdrawal of the customer (i.e. cancellation) and non-utilization of the hotel’s services
1. withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, another legal right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.
The customer is free to withdraw from the contract (right of cancellation). Unless otherwise expressly stipulated in the contract, the following cancellation fees apply in the event that the right to cancel is exercised:
Cancellation of an overnight stay until
– 7 days before arrival date
Cancellation without giving rise to claims for payment or damages by the hotel (free cancellation).
– 2 days before arrival date
Cancellation fees in the amount of 85% of the agreed remuneration.
– 1 day before arrival day
Cancellation fees in the amount of 90% of the agreed remuneration.
If the cancellation takes place on the day of arrival, the full amount of the agreed remuneration is payable.
The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in text form to the hotel up to 1 day before the day of arrival/event date.
3. the cancellation of an event (conference, seminar, celebration or similar) does not fall under the
in point IV. 2. and will be regulated individually and separately depending on the scope and duration of the booked event.
4. if a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite the non-utilization of the service. The hotel shall credit the income from renting/reserving the rooms/rooms/tables elsewhere as well as the saved expenses. If the rooms/rooms/tables are rented out/assigned to someone else, the hotel may make the deduction for
lump-sum allowance for expenses saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
(5) If the hotel calculates the compensation specifically, the amount of compensation shall not exceed the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel as well as what the hotel acquires through other uses of the hotel services.
V: Withdrawal of the hotel
1. if it was agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline.
2. if an advance payment or security deposit agreed or demanded in accordance with clause III.9 and/or clause III.10 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if:
– Force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
– rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material may be the identity of the customer, the ability to pay or the purpose of the stay;
– the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or reason for the stay is unlawful;
– there is an unauthorized subletting or subletting in accordance with Section III.2;
– the hotel becomes aware of circumstances that the customer’s financial circumstances have deteriorated significantly after the conclusion of the contract, in particular if the customer does not settle due claims of the hotel or if insolvency proceedings have been opened against the customer.
4. in case of justified withdrawal of the hotel, the customer is not entitled to compensation.
VI: Room provision, handover and return
1. the customer does not acquire a claim to the provision of certain rooms, unless this is expressly promised by the hotel at least in text form.
2. booked rooms are available to the customer in the case of regular hotel rooms from 3.00 p.m. and in the case of hotel suites from 4.00 p.m. of the agreed day of arrival (check-in time). The customer has no right to earlier provision.
3. on the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest (check-out time). Thereafter, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room or suite for its use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. He is at liberty to prove that the hotel has not incurred any or a significantly lower claim for compensation for use. In addition, the hotel reserves the right to prove and claim higher damages.
VII: Liability of the hotel
(1) The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health, for claims arising from product liability, in the event of a guarantee assumed by the hotel and in the event of fraudulently concealed defects. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this Section VII.
In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them without delay. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum, as well as to notify the hotel immediately of any disruptions or damage.
2. the hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions (§§ 701 ff. BGB). The hotel recommends the use of the hotel or room safe. If the customer 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.
Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot – even for a fee – this does not constitute a custody agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel’s property and their contents, the hotel shall be liable only in accordance with Section VII.1.
4. wake-up orders are carried out by the hotel with the utmost care. Messages, mail and merchandise shipments for customers are also handled with the utmost care. The hotel will take care of the delivery and storage (in each case at the hotel) as well as – upon request – the forwarding of the same for a fee. The Hotel shall be liable in this respect only in accordance with Section VII.1.
VIII: Final provisions
1. amendments or additions to the contract, the acceptance of the application or these general terms and conditions for the hotel accommodation contract shall be made in text form. Unilateral changes or additions by the customer are invalid.
2) The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – is the location of the hotel in commercial transactions. If a contracting party fulfills the requirement of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
3. German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
4. should individual provisions of these general terms and conditions for the hotel accommodation contract be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.