I. 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 to the customer by “Bett’n Glück” (hereinafter referred to as “hotel”). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
3. The customer’s general terms and conditions only apply if this has been expressly agreed in writing beforehand.
4. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of the law.
II. CONCLUSION OF CONTRACT, PARTNERS
1. The contract is concluded when the hotel accepts the customer’s application. If the hotel makes a binding offer to the customer, the contract is concluded when the customer accepts the hotel offer. In the case of booking via the Internet, the contract is concluded by clicking on the “BINDING BOOK” button. In both cases, the hotel is free to confirm the room booking in writing. The confirmation by e-mail is considered a written confirmation.
2. The contractual partners are the hotel and the customer. 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 debtors for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
III. SERVICES, PRICES, PAYMENTS, OFFSET
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 price agreed for the room rental and the other services used according to the applicable prices. This also applies to services and expenses of the hotel arranged by the customer for third parties. The agreed prices include the respective statutory VAT.
3. The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the length of the customer’s stay dependent on the price for the rooms or other hotel services increasing.
4. Hotel invoices without a due date are payable within 10 calendar 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 demand a fee of €5.00 per reminder letter in addition to the statutory default interest of 5%. The hotel reserves the right to prove and assert higher damages.
5. The hotel is entitled to demand a reasonable advance payment or security upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates must be agreed in writing or are based on the relevant information on the hotel’s website.
6. In justified cases, e.g. if the customer is in arrears with payment or the scope of the contract has been extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of clause 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration even after the contract has been concluded.
7. The customer can only offset an undisputed or legally valid claim against a claim by the hotel.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION)/FAILURE TO USE THE
Hotel services (No Show)
1. The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory 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 contract cancellation should be made in text form.
2. If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer (option), the customer can withdraw from the contract up to that point without triggering any payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal to the hotel in text form by the agreed date.
3. 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 right to the agreed remuneration despite non-use of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented out elsewhere, the hotel can make a flat-rate deduction for saved expenses. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
Cancellation conditions:
In the event of a corona illness of the arriving guest before/during the planned stay or during the state-mandated quarantine:
Free cancellation possible
Proof by medical certificate or certificate from the health department required
In the case of group reservations, cancellations only affect the room of the person suffering from Corona
For Guest Rooms:
for arrivals in calendar year 2022 and thereafter:
up to 14 days before arrival free of charge
up to 7 days before arrival 50% of the cost of the entire stay
up to 3 days before arrival 75% of the cost of the entire stay
thereafter 80% of the cost of the entire stay
For arrivals in calendar year 2023:
until 6 p.m. the day before free of charge
for holiday apartments for stays of 7 nights or longer:
for arrivals in calendar year 2022 and thereafter:
up to 28 days before arrival free of charge
thereafter 80% of the cost of the entire stay
for arrivals in calendar year 2023:
until 6 p.m. the day before free of charge
4. If the hotel calculates the compensation specifically, the maximum amount of compensation is the amount of the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services .
5. The above provisions on compensation apply accordingly if the guest does not use the booked room or services without notifying them in good time (no show).
V. WITHDRAWAL OF THE HOTEL
1. If the customer’s right to withdraw free of charge within a certain period of time has been agreed in writing, the hotel is also entitled to withdraw from the contract free of charge during this period if there are inquiries from other customers about the contractually booked rooms and the customer responds to the hotel’s query within 2 weeks not waived his right to withdraw. If the customer allows this period to pass without doing anything, the hotel is entitled to withdraw.
2. If an agreed or pursuant to III. If the advance payment or security deposit required under Section 5 has not been made even after a reasonable period of grace set by the hotel has expired, 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, in particular if …
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms are booked culpably with misleading or false information or withholding essential facts (e.g. about the person of the customer, the ability to pay or the purpose of the stay);
– the hotel has reasonable grounds to assume that the use of the hotel service can endanger the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– there is a violation of I. Clause 2.
4. If the hotel withdraws with justification, the customer is not entitled to compensation.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed in writing.
2. Booked rooms and holiday apartments are available to the customer at the earliest from 2 p.m. on the agreed arrival date. The customer is not entitled to earlier provision.
3. On the agreed day of departure, the rooms and holiday apartments must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the currently valid daily price in the event of a late vacating of the room/apartment for its contractual use up to 6:00 p.m., and then 100% after 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees. In addition, the hotel reserves the right to prove and assert higher damages.
VII. HOTEL LIABILITY
1. The hotel is generally only liable for all legal and contractual claims in the event of intentional or grossly negligent conduct. Liability of the hotel for consequential or indirect damage is excluded. Exclusions and limitations of liability apply in the same way for a legal representative or vicarious agent. 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 rectify the disruption and to keep possible damage to a minimum, and to notify the hotel immediately of any disruptions or damage.
2. The hotel is liable to the customer for items brought in according to the statutory provisions. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage. Section 1 above applies analogously to further liability on the part of the hotel.
3. 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 custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with Section VII, Section 1.
VIII. FINAL PROVISIONS
1. Changes or additions to the contract, the acceptance of applications or these general terms and conditions for the hotel accommodation contract must be made in text form. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is Bett’n Glück’s registered office. For private customers, the place of jurisdiction is based on the applicable law. The place of jurisdiction for business customers is
at the seat of Bett’n Glück.
3. 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 addition, the statutory provisions apply.
Status: May 2022