Legal Terms and Conditions
GTC HOTEL ALPENHOF GmbH & Co. KG
General terms and conditions for the hotel accommodation contract
Scope
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.
2. The prior written consent of the hotel is required to sublet or re-let the rooms provided and to use them for purposes other than accommodation.
3. The customer’s terms and conditions only apply if this has been agreed in advance.
Conclusion of contract, partner. -liability; statute of limitations
1. The contract is formed when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing.
2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, they are liable to the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.
3. The hotel is liable for its obligations under the contract. In the non-typical area, liability is limited to intent and gross negligence on the part of the hotel.
4. The limitation period for all customer claims is 6 months.
5. This limitation of liability and short limitation period also apply in favor of the hotel in the event of a breach of obligations when initiating the contract and positive breach of contract.
Services, prices, payment, offsetting
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the applicable or agreed hotel prices for rooms provided and for other services used. This also applies to services and expenses of the hotel arranged by the customer for third parties.
3. The agreed prices include the respective statutory VAT. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 10%.
4. The hotel can also change the prices if the customer subsequently requests changes to the number of booked rooms, the hotel’s services or the length of stay of the guests and the hotel agrees to this.
5. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 5% above the respective base interest rate. The customer reserves the right to prove a lower damage and the hotel reserves the right to prove a higher damage.
6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer can only offset or reduce a claim from the hotel with an undisputed or legally binding claim.
Withdrawal by the customer (cancellation, cancellation)
1. A cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in cases of delay in performance by the hotel or impossibility of rendering the service for which it is responsible.
2. If the hotel and the customer have agreed in writing on a date to withdraw from the contract, the customer can withdraw from the contract up to that point without incurring any payment or damage claims on the part of the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless there is a case of default by the hotel or an impossibility of service provision for which he is responsible.
3. In the case of rooms not used by the customer, the hotel must offset the income from renting the rooms to other parties and the saved expenses.
4. The hotel is free to flat-rate the damage incurred and to be compensated by the customer
The following cancellation deadlines apply to the hotel:
– up to 8 days before arrival free of charge
– from 7 days before arrival 80% of the booked services
This cancellation conditions are not valid fron December 20th, to January 6th of every year. Please ask for the extra conditions over Christmas/New Year.
The customer is free to prove that no damage has occurred or that the damage incurred by the hotel is lower than the flat rate required.
Cancellation of the hotel
1. If the customer’s right of withdrawal has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw when asked by the hotel .
2. If an agreed advance payment is not made even after a reasonable period of grace set by the hotel has expired with the threat of rejection, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if
• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• rooms are booked with misleading or false information about essential facts, e.g. about the person of the customer or the purpose;
• the hotel has justified reason to believe that the use of the hotel’s services may jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s area of control or organization.
• a violation of the scope of application paragraph 2 above has occurred.
4. The hotel must inform the customer immediately of the exercise of the right of withdrawal.
5. If the hotel withdraws with justification, the customer is not entitled to compensation.
Room provision, handover and return
1. The customer does not acquire the right to be provided specific rooms
2. Booked rooms are available to the customer from 2 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for the additional use of the room up to 6 p.m. and 100% after 6 p.m. The customer is free to prove to the hotel that no damage or a significantly lower damage was incurred.
Voucher redemption
1. A cash payment of the voucher value is excluded.
2. We ask that you register in advance.
Liability of the Hotel
1. The hotel is liable for the diligence of a prudent businessman. This liability is in the non-performance-typical area, but limited to performance defects, damage, consequential damage or disruptions that are due to intent or gross negligence on the part of the hotel. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to minimize possible damage.
2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions, which is up to a hundred times the room rate, up to a maximum of €3,500, and for money and valuables up to €800. Money and valuables up to a maximum value of €10,225 can be kept in the hotel or room safe. The hotel recommends that you use this option. The liability claims expire if the customer does not notify the hotel immediately after learning of the loss, destruction or damage (§ 703 BGB).
3. The statutory provisions apply to the unlimited liability of the hotel.
4. If the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not result in a safekeeping contract. The hotel is not liable in the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. This also applies to vicarious agents of the hotel.
5. Messages, post and consignments for the guests are treated with care. The hotel takes over the delivery, storage and – on request – the forwarding of the same for a fee. Claims for damages, except due to gross negligence or intent, are excluded.
Final Provisions
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the hotel’s registered office.
3. The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the hotel’s registered office in commercial transactions. If a contractual partner fulfills the requirements of § 36 Paragraph 1 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
4. German law applies.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
Stand: 10/2023
