I. GENERAL TERMS AND CONDITIONS
1. Scope of application
These General Terms and Conditions apply to all contracts entered into with Gasthof Zufriedenheit Betriebsgesellschaft mbH, Steinweg 26, 06618 Naumburg a.d. Saale (until 31.12.2016: c/o Zielke GmbH, Große Hamburger Str. 17, 10115 Berlin) (in the following "the Hotel"). They can be amended or replaced with individual agreements.
Consumers for the purpose of the business relationships referred to are natural persons with whom business relationships are entered into without a commercial or independent professional activity being attributable to them.
Contractors for the purpose of the business relationships referred to are natural or legal persons or partnerships having legal capacity with which business relationships are entered into and that exercise a commercial or independent professional activity.
Customers (also referred to as guests) for the purpose of the business relationships referred to include both consumers and contractors. Divergent, opposing, or supplementary General Terms and Conditions of the Customer shall not become part of the contract, even if they are known, unless their validity is explicitly consented to in writing.
2. Concluding the accommodation contract
The accommodation agreement (lodging agreement) can be established in writing, orally, by telephone, or by conclusive behavior. The accommodation agreement also applies to all participants named in the reservation, and the person in whose name the reservation is made is responsible for the participants’ contractual obligations as well as for his or her own. The entering into of the accommodation agreement binds both contracting parties to fulfillment of the contract, regardless of the duration of the contract entered into. For Hotel stays over night, the accommodation agreement is considered to have been entered into as soon as the room is reserved and confirmed or – if a confirmation is not possible for time reasons – made available for use.
If the content of the room confirmation deviates from the content of the reservation request, the confirmation is considered a new offer by the Hotel to which the Hotel is bound for the duration of 2 days. The agreement is established on the basis of this new offer if the guest accepts the offer within the period in which the Hotel’s offer is binding.
If the room or other services (e.g., meals) are ordered on an option basis, the option data are binding for both parties to the contract. Upon expiration of the agreed-upon option period, the Hotel may freely dispose of the room and services booked as an option without discussion with/notification of the other party. Reserved rooms that have been confirmed by the Hotel are made available on arrival day from 3:00 p.m. and on departure day until 11:00 a.m. The Hotel is entitled to make reserved rooms available to others after 6:00 p.m. on arrival day unless a later arrival time has been explicitly agreed.
4. Price changes
If the period between concluding the contract and rendering the individual service exceeds a period of more than 4 months and the price charged by the Hotel in general for such services increases in this period, the contractually agreed price may be reasonably increased by the Hotel; however, by up to and not more than 10%.
5. Payment conditions
Unless other payment conditions are explicitly agreed, invoices are payable immediately upon receipt without deduction and in cash.
The acceptance and selection of credit cards is at the Hotel’s discretion in each and every individual case, including when the acceptance of credit cards is indicated by corresponding signage in the Hotel. Checks, credit cards, and other modes of payment may be accepted but only as conditional payment.
A payment delay even for only one invoice entitles the Hotel to stop all further and future services for the guest in the Hotel. The prerequisite is that the Hotel activates the state of delay by issuing a payment reminder that sets a deadline for payment and outlines the consequences.
If the invoice amount exceeds € 1,000.00 or if the guest remains more than 6 days in the Hotel, the Hotel is entitled to issue individual interim invoices and request the guest to pay them.
6. Payments in advance
From a guest who has not made a reservation, the Hotel is entitled to payment in advance in the amount of the price for over-night accommodation when the accommodation agreement is entered into.
The Hotel, without stating reasons, can make any and all order acceptances, any and all reservations or other service that is to be executed or continued dependent on payment in advance, in full or in part, of the likely amounts due; payment may take the form of partial advance payments, installment payments or full payment in advance.
If such an advance or installment payment is not credited to the Hotel’s account within the period stipulated by the Hotel, the Hotel is entitled to demand compensation for damages due to non-fulfillment or to withdraw from the contract without having to notify the Customer again beforehand of the refusal to fulfill the contract.
7. Cancellations, cancellation fees
In the event of a cancellation of a reservation by the guest or the non-use of services offered by the Hotel, the services ordered and reserved but not used by the guest although offered contractually by the Hotel (in particular, the accommodation of the guests, rental of the conference and function rooms and/or catering) will be charged. Please always take the exact conditions from your reservation.
For the cancellation or non-use of a reservation of an event room without a fixed agreement on catering service, the reserved service will be charged based on the number of persons multiplied by the least expensive 3-course menu price from the existing offer.
Cancellation fees will be reduced by the amounts that can be earned by renting the cancelled room to another party.
The above-mentioned cancellation fees also fall due when the ordered and reserved services are only partially cancelled by the guest, with the flat rates mentioned being applied to the share of services that was cancelled, or when, without an explicit cancellation, the guest does not use the ordered and reserved services.
The Hotel’s liability is governed by §§ 701 – 703 of the German Civil Code (BGB). Liability for other reasons is excluded unless a loss was caused intentionally or as a result of gross negligence by the Hotel, by its legal representatives, or by its vicarious agents.
Claims due to failure to perform the accommodation agreement in accordance with the contract shall lapse if they are not brought within one month following the end of the accommodation agreement. The lapse period shall be deemed suspended as long as the guest is prevented by force majeure or otherwise demonstrably non-culpably prevented from complying with the time limit.
9. Obligation to cooperate
The guest agrees, in the event of service malfunctions, to do everything reasonably in his or her power to contribute to rectifying the problem and to keep any losses that occur to a minimum.
In particular, the guest’s obligation to cooperate includes notifying the Hotel of his or her complaints or claims without delay. In such cases, the Hotel will find a solution to the extent that this is possible. If the guest culpably fails to notify the Hotel of a defect, any claim to a payment reduction is excluded.
10. Parking conditions for motor vehicles
Use of the underground garage and parking places by guests is understood to include acceptance of the following parking conditions and is at the guest’s own risk. Safekeeping of property is excluded. The Hotel accepts positively no liability for losses due to third parties. The Hotel is liable only for losses that are demonstrably attributable to its personnel acting with intent or gross negligence. Claims arising from such losses must be brought before leaving the parking place or the underground garage.
The rules of the German Road Traffic Act (StVO) apply accordingly to parking.
11. Other provisions
a) Consumption of food or drink brought from elsewhere is prohibited in the public areas of the Hotel.
b) The guest is not entitled to offset or withhold payment unless the counterclaim has been deemed indisputable or legally enforceable..
c) The guest has the obligation to notify the Hotel without delay -- at the latest, however, upon departure -- of any claims arising from a loss of property.
d) Guests are liable for all losses that they cause during their stay in the Hotel. As the Hotel is a completely non-smoking hotel, we charge € 180.00 for the final cleaning of a room when we determine that smoking has taken place in that room.
e) The headings in these General Terms and Conditions serve solely to provide a structured overview and have no material significance, in particular not for that of a final provision.
f) These Conditions and the entire legal relationship between the Hotel and the guest are governed by the laws of the Federal Republic of Germany.
g) The place of jurisdiction is the local court or district court (Amts- bzw. Landgericht) responsible for the respective location of the Hotel.
Last updated: 31.08.2016
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