General terms and conditions for the hotel accommodation contract

Scope

  1. These terms and conditions apply to contracts for the letting of hotel rooms for accommodation, as well as to all further services and deliveries provided by the hotel for the customer.
  2. 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 own terms and conditions apply only if this has been agreed in advance.
  4. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of §§ 13, 14 of the German Civil Code (BGB).

Conclusion of contract, contracting parties; limitation period

  1. The contract comes into being when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in text form.
  2. The contracting parties are the hotel and the customer. If a third party has booked on behalf of the customer, that third party is liable to the hotel together with the customer 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. § 540 (1) sentence 2 BGB does not apply unless the customer is a consumer.
  3. Claims other than claims for damages against the hotel become time-barred one year after the start of the knowledge-dependent standard limitation period under § 199 BGB. Claims for damages against the hotel become time-barred after five years irrespective of knowledge. The above reductions of the limitation period do not apply to claims arising from intentional or negligent injury to life, body, health or freedom, or to other claims based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or grossly negligent breach of duty by its legal representatives or vicarious agents.
  4. This limitation of liability and short limitation period also apply in favour of the hotel in the event of a breach of obligations during the initiation of the contract and of positive breach of contract.

Services, prices, payment, set-off

  1. The hotel is obliged to keep available the rooms booked by the customer and to provide the agreed services.
  2. The customer is obliged to pay the hotel’s applicable or agreed prices for the provision of the room and for any further services used. This also applies to services and expenses incurred by the hotel towards third parties at the customer’s instigation.
  3. The agreed prices include the statutory rate of VAT. If the period between conclusion of the contract and performance of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but by no more than 10%.
  4. The hotel may also change the prices if the customer subsequently requests changes to the number of rooms booked, to the hotel’s services or to the length of the guests’ stay and the hotel agrees to this.
  5. Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled to call in accrued claims at any time and to demand immediate payment. In the event of late payment the hotel is entitled to charge the applicable statutory default interest, currently 8%, or, in the case of legal transactions involving a consumer, 5% above the base rate. The customer is free to prove that a lower loss was incurred, and the hotel that a higher loss was incurred.
  6. The hotel is entitled, on conclusion of the contract or thereafter and taking account of the legal provisions on package travel, to require a reasonable advance payment or security, for example in the form of a credit card guarantee. The amount of the advance payment or security and the payment dates may be agreed in the contract in text form.
  7. The customer may only set off or reduce a claim of the hotel against an undisputed or legally established claim.

Cancellation by the customer (withdrawal, cancellation)

  1. The customer may withdraw from the contract concluded with the hotel only if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists or if the hotel expressly consents to the cancellation of the contract. Both the agreement of a right of withdrawal and any consent to the cancellation of the contract should be made in text form.
  2. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any claims for payment or damages by the hotel. The customer’s right of withdrawal lapses if the customer does not exercise that right in writing towards the hotel by the agreed date, unless the hotel is in default of performance or performance has become impossible for reasons for which the hotel is responsible.
  3. For rooms not taken up by the customer, the hotel must offset income from letting the rooms to others as well as expenses saved.
  4. The hotel is free to assess the loss incurred by it and to be compensated by the customer as a lump sum. In that case the customer is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board packages. The customer is free to prove that no loss was incurred or that the loss incurred by the hotel is lower than the lump sum claimed.

Withdrawal by the hotel

  1. Where a right of withdrawal by the customer within a specified period has been agreed in the contract, the hotel is entitled during that period to withdraw from the contract if enquiries from other customers for the contractually booked rooms exist and the customer, on being asked by the hotel, does not waive the right of withdrawal.
  2. If an agreed security is not provided even after a reasonable period of grace set by the hotel with a warning of refusal has expired, the hotel is likewise entitled to withdraw from the contract.
  3. The hotel is further entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if:
    a) force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
    b) rooms are booked on the basis of misleading or false statements of material facts, for example regarding the identity of the customer or the purpose of the stay.
    c) the hotel has reasonable grounds to assume that use of the hotel’s services may jeopardise the smooth running of the business, the security of the hotel or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organisation.
    d) there is a breach of paragraph 2 of the scope provisions above. e) the purpose or occasion of the stay is unlawful. f) an agreed advance payment or security, or one required under clause III no. 6 above, has not been provided even after a period of grace set by the hotel has expired.
  4. The hotel must inform the customer of the exercise of the right of withdrawal without delay.
  5. In the event of justified withdrawal by the hotel, the customer has no claim to damages.

Provision, handover and return of rooms

  1. The customer acquires no right to the provision of particular rooms.
  2. Booked rooms are available to the customer from 3.00 pm on the agreed day of arrival. The customer has no claim to earlier provision.
  3. On the agreed day of departure the rooms must be vacated and made available to the hotel by 11.00 am at the latest. After that time the hotel may, in addition to any loss incurred, charge 50% of the full room rate (list price) for additional use of the room until 6.00 pm, and 100% from 6.00 pm. The customer is free to prove to the hotel that no loss or a significantly lower loss was incurred.
  4. In the event of overbooking, the hotel is obliged to offer the guest alternative accommodation equivalent in value to the accommodation originally booked.

Liability of the hotel

  1. The hotel is liable for damage for which it is responsible arising from injury to life, body or health. The hotel is further liable for other damage based on an intentional or grossly negligent breach of duty by the hotel, and for damage based on an intentional or negligent breach of duties essential to the contract. Duties essential to the contract are those duties which make the proper performance of the contract possible in the first place and on whose fulfilment the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded unless otherwise provided. Should disruptions or defects occur in the hotel’s services, the hotel will endeavour to remedy them upon becoming aware of them or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable in order to remedy the disruption and to keep any loss to a minimum.
  2. The hotel is liable to the customer for property brought in under the statutory provisions (cf. §§ 701 ff. BGB). This is limited to one hundred times the room rate (from EUR 600 up to a maximum of EUR 3,500) and, for money, securities and valuables, to EUR 800. We recommend keeping valuables in the hotel or room safe. Claims for liability lapse unless the customer notifies the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB).
  3. The statutory provisions apply to the hotel’s unlimited liability.
  4. Where a parking space in the hotel garage or in a hotel car park is made available to the customer, including for a fee, this does not constitute a contract of safekeeping. The hotel is not liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, except in cases of intent or gross negligence. This also applies to the hotel’s vicarious agents. The guest is obliged to report any damage without delay, and obvious damage in any event before leaving the parking facility.
  5. Wake-up calls are carried out by the hotel with the greatest care. Claims for damages, except in cases of gross negligence or intent, are excluded.
  6. Messages, post and parcels for guests are handled with care. The hotel undertakes delivery, safekeeping and, on request and for a fee, forwarding. Claims for damages, except in cases of gross negligence or intent, are excluded.
  7. The voucher can only be redeemed for the hotel’s own services at Hotel Federwerk. If a remaining balance is left after payment with the voucher, it remains valid and can be used for further payments at Hotel Federwerk. The voucher is valid for 3 years from the date of issue. Vouchers cannot be returned, they are not resaleable or transferable and cannot be exchanged for cash. The vouchers cannot be used for online payments. The person ordering the voucher is responsible for providing the correct details (in particular the email address to which the voucher and the invoice are to be sent).

    Right of withdrawal:
    Declarations relating to vouchers may be withdrawn within 14 days without giving reasons, in any form (letter, fax, email) or, if the voucher is handed over before the period expires, by returning the voucher. The period begins on receipt of this notice in text form, but not before the recipient has received the voucher. Sending the withdrawal or the voucher in good time is sufficient to meet the withdrawal deadline. The withdrawal should be addressed to Hotel Federwerk GmbH, ref.: Gutschein, Museumsstrasse 1, 78112 St. Georgen.
  8. No smoking in the hotel
    Hotel Federwerk is a non-smoking hotel. Smoking is therefore prohibited both in public areas and in the guest rooms. In the event of a breach, Hotel Federwerk is entitled to claim from the guest an amount of EUR 150.00 as compensation for the additional cleaning costs incurred, including any loss of revenue resulting from the room not being lettable. This amount is to be set higher or lower if Hotel Federwerk proves a higher loss or the guest proves a lower loss.
  9. Pets
    We ask you to refrain from bringing pets. Guide dogs, hearing dogs and other comparable service dogs are an exception, however. These may be brought along free of charge and at any time.

Final provisions

  1. Amendments or additions to the contract, to the acceptance of the application or to these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
  2. The place of performance and payment is the registered office of the hotel.
  3. The exclusive place of jurisdiction – including for disputes concerning cheques and bills of exchange – is, in commercial dealings, the registered office of the hotel. If a contracting party meets the requirements of § 38 (1) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the registered office of the hotel is deemed to be the place of jurisdiction.
  4. German law applies.
  5. Should individual provisions of these general terms and conditions for hotel accommodation be or become invalid or void, the validity of the remaining provisions is not affected. In all other respects the statutory provisions apply.

St. Georgen, April 2021

This English text is a translation provided for convenience. Only the German version of these terms and conditions is legally binding.