General Terms and Conditions (GTC) – Hotel Restaurant CARALEON
GENERAL TERMS AND CONDITIONS (GTC)
Hotel Restaurant CARALEON – LION Verwaltungs GmbH
1. scope of application
1.1 These Terms and Conditions apply to all contracts for the rental of hotel rooms, suites and function rooms for accommodation and events as well as all other services and deliveries provided to the customer by LION Verwaltungs GmbH (Hotel Restaurant CARALEON), Halbinselstraße 70, 88142 Wasserburg (hereinafter referred to as the “Hotel”).
1.2 The subletting or re-letting of the rented premises and their use for purposes other than accommodation require the prior written consent of the hotel.
1.3 The customer’s terms and conditions shall only apply if this has been expressly agreed in advance in text form.
2 Conclusion of contract, partners, limitation period
2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer’s application by the hotel (booking confirmation). In the case of bookings via the hotel’s website, the contract is concluded by clicking on the button “Book with obligation to pay” and the subsequent confirmation.
2.2 Offers on the website are subject to change. There is no entitlement to a specific room number, unless expressly agreed.
2.3 All claims against the hotel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. This does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the hotel.
3. services, prices, payment, offsetting
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the hotel’s applicable or agreed prices 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 arranged by the customer.
3.3 The agreed prices include the respective statutory VAT. Local taxes (e.g. visitor’s tax of the municipality of Wasserburg) are not included in the price and must be paid by the guest on site.
3.4 Hotel invoices are payable immediately upon receipt without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment.
3.5 The hotel is entitled to demand a reasonable advance payment or security deposit (e.g. credit card guarantee) upon conclusion of the contract or thereafter.
4. withdrawal of the customer (cancellation) / non-utilization (no show)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract (e.g. “flexible rate”), a statutory right of withdrawal exists or the hotel agrees to the cancellation of the contract.
4.2 If the hotel and the customer have agreed on a date for cost-free withdrawal, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, and if the hotel does not agree to cancel the contract, the hotel retains the right to the agreed remuneration despite non-utilization of the service. The hotel shall take into account the income from other rentals and the expenses saved.
4.4 If the rooms are not rented to another party, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements (no-show fee).
4.5 The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.
5. withdrawal of the hotel
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon inquiry by the hotel within a reasonable period of time.
5.2 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if:
Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
rooms or spaces are culpably booked with misleading or false information or concealment of material facts;
the hotel has justified cause to believe that the use of the service may jeopardize the smooth running of the business, the security or the public reputation of the hotel.
6. room provision, handover and return
6.1 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
6.2 Unless a later arrival time has been expressly agreed or the room has been paid for in full in advance, the hotel has the right to reallocate booked rooms after 18:00 without the customer being able to derive a claim against the hotel from this.
6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the current daily room rate for late vacating until 6:00 p.m. and 90% from 6:00 p.m. onwards.
7 Liability of the hotel
7.1 The hotel is liable for damages resulting from injury to life, limb or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or its legal representatives or vicarious agents.
7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions (§§ 701 ff. BGB). Liability is excluded if the room or the containers in which the guest leaves items are left unlocked.
7.3 If the customer is provided with a parking space in the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in the event of intent or gross negligence.
8. special provisions (smoking, pets, peace and quiet)
8.1 Smoking: Smoking is strictly prohibited in the entire hotel building (including all rooms). In the event of non-compliance, the hotel will charge a cleaning fee of EUR 250.00. Should a fire alarm be triggered by unauthorized smoking, the perpetrator shall bear the full costs of the fire department call-out.
8.2 Pets: Bringing pets requires the prior consent of the hotel and is subject to a charge. Pets are not permitted in the hygienic areas (spa, pool). The owner is fully liable for any damage or soiling caused by the pet.
9. final provisions
9.1 Amendments and additions to the contract or these General Terms and Conditions should be made in text form.
9.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – is Lindau (Lake Constance).
9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
9.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions.
LION Verwaltungs GmbH
Managing Director Dr. Mario Löwenstein
Halbinselstraße 70, 88142 Wasserburg
Local Court Kempten HRB 14110 | VAT ID: DE316910892