General Terms & Conditions

I. Scope of application

1. These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services provided by the hotel for the customer in this context (hotel accommodation contract) .

2. The subletting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.

3. The General Terms and Conditions of the customer shall only apply if this has been expressly agreed in writing beforehand.

II. Conclusion of contract, contractual partner, statute of limitations

1. The contract is deemed to have been concluded upon the hotel's acceptance of the application by the customer. The acceptance takes place via a booking confirmation from the hotel. The hotel is free to confirm the booking in text form. If the payment or authorisation of the means of payment fails when making a booking via the hotel's website (www.bergkristall.de), no booking will be made and no contract will be concluded.

2. The hotel and the customer are the contractual partners. If the booking is not made by the customer himself but by a third party, the third party shall be jointly and severally liable to the hotel together with the customer for all obligations arising from the contract. Independently of this, the third party is obliged to pass on to the customer all information relevant to booking, in particular these General Terms and Conditions.

3. Bookings may only be made by persons with full legal capacity..

 4. All claims against the hotel shall become statute-barred one year after the beginning of the statutory limitation period. Claims for damages become statute-barred after five years. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, prices, payment

1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.

2. The hotel is entitled to accommodate customers at the booked price in another hotel of comparable equipment and service, without the hotel being entitled to recourse if there is an important reason, in particular if accommodation in the reserved hotel is not possible.

3 The customer is obliged to pay the agreed and/or valid hotel prices for the provision of rooms and the additional services booked or used by him. This also applies to services contracted by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.

4. The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are the local taxes owed by the customer according to the respective municipal law (e.g. visitor's tax). In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local taxes on the subject matter of the contract after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of the contract and performance of the contract exceeds four months.

5. Invoices of the hotel are payable without deduction within 14 days of sending the invoice. In case of late payment, the hotel is entitled to charge a lump sum (late payment surcharge, processing fee) of € 25.00.

6. Rechnungen des Hotels sind innerhalb 14 Tagen ab Zusendung der Rechnung ohne Abzug zahlbar. Bei Zahlungsverzug ist das Hotel berechtigt ein Pauschalbetrag (Säumniszuschläge, Bearbeitungsgebühr) i.H.v. € 25,00 zu erheben.

7. The hotel is entitled to demand an appropriate advance payment or security deposit, for example in the form of a credit card, upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

8. In justified cases, e.g. payment arrears of the customer, the hotel is entitled to refuse further services..

9. The customer may only offset or set off a claim of the hotel against an undisputed or legally binding claim.

IV. Cancellation by the customer  / non-use of the booked services (non-arrival "No Show")

1. The customer's right of cancellation must be exercised in text form.

2. The hotel grants the customer a right of withdrawal in accordance with the following provisions:

 2.1 Cancellations are possible free of charge up to 4 weeks before arrival, unless otherwise agreed.

 2.2 In case of a shorter-term cancellation (within four weeks) or early departure we charge 80% of the room price for an overnight stay/breakfast and 60% of the room price for overnight stay/healthy enjoyment board.

 2.3 We will loosen the cancellation conditions for all bookings with stays until December 20, 2020. During this period, the customer can cancel free of charge upt to 4 days before arrival. If the measures are canceled due to the corona pandemic and unrestricted travel is possible again, the booking and cancellation conditions according to the guest accomodation contract apply again.

3. In the case of rooms not used by the customer, the hotel shall take into account the income from renting these rooms elsewhere. If the rooms are not rented out elsewhere, the hotel can charge 100% of the contractually agreed remuneration.

4 a right to withdraw from the contract concluded with the hotel expires two weeks before the contractually agreed day of arrival. Note: According to Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. The hotel's cancellation conditions apply.

V. Rescission of the Hotel

1. If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract within this period.

2. Furthermore, the Hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if - force majeure or other circumstances beyond the Hotel's control make the performance of the contract impossible - contractually agreed advance payments are not complied with - if the Hotel has technical problems at the time of the Customer's online booking .

3. The justified rescission of the hotel does not constitute a claim for damages on the part of the customer.

VI. Arrival and departure, other regulations for hotel accommodation

1. The customer does not acquire any claim to the provision of certain rooms, unless the hotel has confirmed the provision of certain rooms in writing.

2. Booked rooms are available to the customer from 3:00 pm on the agreed day of arrival. The customer has no claim to an earlier provision.

3. Booked rooms are to be occupied by the customer by 11:00 pm on the agreed day of arrival at the latest, unless a later arrival has been agreed upon in advance.

4. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 am at the latest. Thereafter, the hotel may charge 50% of the full accommodation price until 2:00 pm, thereafter 100% for the room's use in excess of the contract due to the delay in vacating it on page.

VII. Liability and statute of limitations

1. The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages from injury to life, body or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of typical contractual duties of the hotel. Should disturbances or defects in the hotel's services occur, the hotel will endeavor to provide remedy upon knowledge or upon immediate notification by  the customer. The customer is obliged to contribute what is reasonable to him in order to remedy the malfunction and to keep possible damage to a minimum.

2. The hotel shall be liable to the customer for items brought in in in accordance with the statutory provisions. Thereafter, liability is limited to one hundred times the room price, but to a maximum of EUR 3,500.00 and notwithstanding for money, securities and valuables to a maximum of EUR 800.00. Money, securities and valuables can be stored in the hotel safe up to a maximum value of EUR 3,500.00.

3. If the customer is provided with a parking space in the garage or on a hotel car park, even for a fee, no custody contract shall be concluded. In the event of loss of or damage to motor vehicles, trailers, motorcycles or trailers parked or maneuvered on the hotel property and their contents, the hotel shall not be liable, except in cases of intent or gross negligence.

4. Smoking is strictly prohibited in all closed areas of the hotel. In case of violation the hotel charges a fee of 250,-00 EUR. The same applies to the manipulation of smoke alarms or the unauthorised opening of emergency doors. The hotel reserves the right to claim higher damages if, for example, the hotel is charged for a fire brigade mission or if a fire caused damage to the hotel's property through unauthorized smoking.

VIII. Final provisions

1. Amendments and supplements to the contract or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are invalid.

2. Place of performance and payment is the location of the hotel.

3.  German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws or the like is excluded.

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. In all other respects, the statutory provisions shall apply.

Hotel Bergkristall - Mein Resort im Allgäu June 2018