General Terms and Conditions
1. These General Terms and conditions apply to contracts on the rental provision of hotel rooms for accommodation and for any further services and supplies of the hotel to the clients.
2. Subletting and reletting of the rooms as well as their use other than accommodation require a prior written consent by the hotel, whereby § 540 Sec..1 Phrase 2 BGB (German Civil Code) will be explicitly excluded to the extent the client is not the consumer.
3. Terms and conditions of the client will only apply when this has been agreed explicitly in writing beforehand.
- CONCLUSION OF CONTRACT, CONTRACTUAL PARTIES; LIMITATION PERIODS
1. The contract will become effective by the acceptance of the client (booking confirmation). The hotel is free to confirm the room reservation in writing.
2. Hotel and client are contractual parties. If a third party has ordered for the client, he will be liable jointly and severably together with the client towards the hotel for any obligations resulting from the hotel agreement, on the condition that the third party has provided a corresponding declaration to the hotel.
3. For bookings over the website, the client has in general to register a valid credit card as a security. The hotel is entitled to also demand a valid credit card for other bookings by the client as a security.
4. All claims towards the hotel will come in general under the statute of limitation in one year beginning with the regular limitation period of § 199 Sec.1 BGB (German Civil Code) depending on the date of gaining knowledge. Compensation claims come under the statute of limitation in five years independent of knowledge. The shortening of legal limitation period does not apply for claims basing on a deliberate or grossly negligent breach of duty by the hotel.
- SERVICES, RATES, PAYMENT, INVOICING
1. The hotel agrees to provide the rooms booked by the client & to render the agreed services.
2. The client agrees to pay for the rooms let and the further services required respectively agreed rates of the hotel. This also applies to services and expenses required by the hotel to third party suppliers.
3. Upon conclusion of the contract and considering the legal provisions, the hotel is entitled to ask for an advance payment/ deposit or a security in form of a credit card or similar up to an amount of 100% of the entire payment obligation. The amount of the advance payment and the payment deadlines are stated in the contract.
4. The rates agreed include the respective valid value added tax. Public levies such as e.g. visitor’s tax are not included in the contract. However, the client has to pay these in addition. The respective amounts will be invoiced separately to the client. Increases of value added tax will be borne by the client. If the period between conclusion of contract and fulfillment of the contract exceeds four months, and the rate calculated for such services by the hotel will have increased, this may rise the agreed rate in an adequate manner, but by 5 % maximally.
5. The rates can also be modified by the hotel, if the client wishes changes in the number of rooms, the service of the hotel or the duration of stay of the guests and the hotel agrees to these changes.
6. Invoices of the hotel without due date are payable within 10 days after receipt of the invoice without any deduction. The hotel has the right to invoice accrued receivables any time und demand an immediate payment. In the event of delayed payment, the hotel will be entitled to demand the respective valid default interests at the amount of presently 8 %, respectively for legal transactions, in which a consumer is involved, at a rate of 5 % above the base interest rate. The hotel must provide the proof of a higher damage.
7. The client may only set off a receivable of the hotel in the event of an undisputed or legally determined claim.
- CANCELLATION BY THE CLIENT
(e.g. cancellation, reduction, annulation/ non-use of the hotel services)
1. Bookings by the client are binding.
2. A cancellation by the client of a contract concluded with the hotel requires the written consent of the hotel. If this is not provided, the agreed contractual rate has to be paid, even if the client does not use the contractually agreed services. This does not apply for the obligation the hotel to consider the rights, the objects of legal protection and the interests of the client, if the client cannot be expected to maintain the contract or he will be entitled to another legal or contractual right of withdrawal.
3. Cancellations have to be done in writing. Depending on the date of cancellation a liability to pay compensation of varying volume will remain. Reservations by the appointing party to the contract are binding for both of the parties to the contract.
Your reservation can be cancelled free of charge with 15 days prior to arrival. Until 14 days before arrival the hotel will charge cancellation fee at the amount of 90% of the room rate. In case of a no-show without prior cancellation 100% of the confirmed room rate including additional services booked will be invoiced.
The right of withdrawal will lapse, if the client does not exercise his right of withdrawal towards the hotel up to the date agreed upon in writing, unless the case of a withdrawal of the client is provided according to 1. 3..
Bookings within the scope of discount rates or arrangements cannot be cancelled nor reduced.
For rooms which were not used by the client, the hotel is entitled to obtain income from renting the rooms to others as well as taking into account the saved expenses according to aforementioned point 4.1..
The hotel is free to charge the contractual remuneration and to invoice a lump sum for expenses saved. In this case, the client is obliged to pay at minimum 90% of the agreed rate for accommodation with or without breakfast. The client shall be free to prove that the aforementioned claim did not arise or did not arise to the extent claimed.
- WITHDRAWAL OF THE HOTEL
1. To the extent that a right of withdrawal free of charge by the client within a certain period of time was agreed, the hotel will be also entitled to withdraw from the contract within this period, if other clients have asked to book the contractually reserved rooms, and the client does not renounce his right to withdrawal upon enquiry of the hotel.
2. If a payment agreed or required advance payment according to 3.3. has not been paid after expiration of an adequate extension of time determined by the hotel, the hotel will be also entitled to a withdrawal from the contract.
3. Moreover, the hotel will be entitled to withdraw from the contract based on an objectively justified reason; for example, in the event of force majeure and due to other reasons or other circumstances, not imputable to the hotel, which make the fulfilment of the contract impossible;
– if rooms were booked indicating misleading or false information on essential facts, e.g. to be found in the person of the client or the purpose;
– if the hotel has reasonable grounds to believe that the use of the hotel services would disturb a trouble-free operation of business, may endanger the security and reputation of the hotel in public, and the sphere of control or organisation of the hotel cannot be made accountable for that.
– if there is a breach of 1. 2..
In the event of a justified withdrawel by the hotel, the client will not have any claim for compensation.
- USE OF ROOMS, SERVICE AND RETURN
1. The client cannot claim for the use of particular rooms.
2. Rooms booked are available to the clients on the contracted arrival day from 3pm. The client cannot claim for earlier availability.
3. Rooms must be available to the hotel at 11.00 am at the latest on the contracted departure date. After that the hotel has the right to charge 50 % of the full accommodation rate (listed rate) due to the additional use of the room from 11.00 am to 01.00pm, and a 100% for a use after 01.00 pm. Any contractual claims of the client are not justified by this. He is free to prove that no or considerably less claim on user charge has occurred to the hotel.
4. The client is liable to the hotel for any damages caused by him or third parties receiving any services prompted by him
5. Non-registered dogs will be charged to the client with an additional one-off fee of 300.00 Euro for a special cleaning.
6. Violation of the no-smoking policy in the entire hotel complex, will be charged with 400.00 Euro at minimum and the guest, respectively the complete reservation, will be expelled from the hotel.
7. The client agrees to charge costs resulting from §6 Points 4-6 to his credit card. The client is free to prove that the additionally collected amount is actually lower than calculated by the hotel.
- LIABILITY OF THE HOTEL
1. The hotel is liable with due care and diligence of a prudent businessman for his contractual obligations. The client has no right to claim for compensation. This does not apply to damage due to injury of life, body or health, if the hotel is responsible for the breach of duty, other damages based on deliberate or gross breach of duty of the hotel. For other damages the hotel is liable based on deliberate or negligent offence of their obligations. A breach of duty of the hotel is on par with a legal representative or a vicarious agent. Should there be any disturbance or imperfection in service, the hotel will resolve the matter upon knowledge or reproach of the client. The client is obliged to make a reasonable contribution in order to resolve the problem and to minimize the possible damage.
2. The hotel executes wake-up calls with due care. Compensation claims are excluded unless in the event of gross negligence or intent.
3. Upper limits of liability apply with regard to items brought in by the guest corresponding to the respectively valid legal provisions, i.e. at present up to the hundredfold of the room rate, for € 3,500 € maximum, as well as for currency, securities and valuables up to an amount of € 800. The liability claims will lapse when the client has not communicated the loss, destruction or damage immediately after gaining knowledge (§ 703 BGB). Aforementioned points 1.2. to 1.3. will apply correspondingly in view of an extended liability.
4. If the client has used a parking in the garage or on the hotel parking, also when paid for, this does not result in a safe-keeping contract. There is no guarding. The hotel will not be liable for loss/ disappearance or damage of vehicles – including their contents – parked or maneuvering on the hotel premises, unless in the case of intent or gross negligence, then 1.2. bis 1.3. will apply correspondingly.
5. Items left behind by the client will be only sent on request, risk and cost of the client The hotel will keep the items for 6 months and is entitled to charge an adequate payment for this.
- SAXER GIFT VOUCHERS
SAXER gift vouchers have a validity of 3 years from date of issue. Every voucher has an order value in EURO (purchase price). In the event of changes prices of the service acquired, subsequent payment can be asked for on site. The respective valid catalogue rate applies for any services.
SAXER gift vouchers do not entitle to a cash payment or services of amounts. SAXER gift vouchers are only issued against advance payment.
Gift vouchers won within the scope of raffles (prize competition or similar) can be exclusively redeemed by the winner. A transfer to third parties and/or sale is not permitted.
- FINAL CONCLUSIONS
1. Changes or amendments of the contract, the application acceptance or these General Terms and Conditions for the accommodation at the hotel shall be done in writing. Unilateral changes or amendments will not be efficient.
2. Place of performance and payment is the registered legal seat of the hotel.
3. The exclusive legal venue (also for cheque and bill of exchange disputes) of the commercial dealings will be the registered office of the hotel. If a party to the contract conforms with the conditions of § 38 Abs. 2 ZPO and has not got a legal venue within Germany, the legal venue will be the registered office of the hotel.
4. German law will apply. The application of the UN Sales Law will be excluded.
5. If individual provisions of these General Terms and Conditions for hotel accommodation are or become invalid or void, the efficiency of the remaining provisions will not be affected. Apart from that, the statutory provisions shall apply.