GENERAL TERMS AND CONDITIONS (GTCS)
General terms and conditions ERIKS Hotel
- These general terms of business apply to contracts for the rental of hotel room accommodation as well as for any services and deliveries provided to the customer by Eriks Hotel, Massenhauserstrasse 1, Fürholzen (hereinafter referred to as „hotel“).
- The subletting of booked rooms as well as the actual use of rooms for purposes other than accommodation require the hotel’s written approval and may be subject to the payment of additional fees, whereby section 540 paragraph 1 page 2 BGB (German Civil Code) shall be waived if the customer is not the consumer.
- The customer’s general terms and conditions shall only apply when previously expressly agreed in writing.
2. CONCLUSION OF CONTRACT, PARTIES TO THE CONTRACT, LIMITATION PERIOD
- The contract comes into existence upon the hotel’s acceptance of the customer’s booking request. It is left to the hotel’s discretion whether to confirm the booking in writing.
- The contractual parties are the hotel and the customer. In case a third party makes the booking on behalf of the customer, this third party shall be liable towards the hotel jointly with the customer as joint and several debtor.
- All claims against the hotel are barred by limitation of one year from the beginning of the statutory limitation period. Claims for damages generally expire after 5 years, regardless of whether there was any knowledge of such claims or not. The reduction of the limitation period does not apply in cases of intent or gross negligence by the hotel.
3. SERVICES, PRICES, PAYMENT, SET-OFF
- The hotel is obliged to have the rooms booked by the customer ready and to fulfill the agreed services.
- The customer is obliged to pay the price for the booked accommodation as well as for any additional services made use of as agreed in the booking. In case a specific price was not expressly agreed, the payment shall be based on the hotel’s price list. This also applies to services and expenses requested by the customer which are payable by the hotel to third parties.
- If the customer wishes to reduce the number of booked rooms or services to be provided by the hotel or to reduce the length of stay, the hotel’s approval of such reduction can be made subject to an increase in room prices or in prices for other services delivered by the hotel.
- Invoices from the hotel are payable in full without reduction within 14 days from the date of mailing. In case of delays in payment, the hotel is entitled to charge a lump sum (special charge for delayed payment, handling fee) of EUR 25.00. The hotel reserves the right to furnish proof of more damage.
- The hotel is entitled to ask the customer for an appropriate advance payment or security deposit upon conclusion of the contract.
- Where justified, e.g. in cases of delayed payment, even after the conclusion of the contract the hotel shall be entitled to ask for an advance payment as described in nr. 5 before the beginning of the stay at the hotel or for an increase of the advance payment up to the total agreed price; the hotel shall also reserve the right to refuse the provision of further services.
- The customer can only offset/assign a claim by the hotel with an incontestable or non-appealable claim. The same applies for possible claims for reduction or the enforcement of a right of retention.
4. SMOKING BAN, PROHIBITION TO BRING DOGS
- We would like to point out that pets are generally not permitted out of consideration for guests with allergies. In case of violation of this rule, we reserve the right to charge a penal sum of EUR 150.00.
- We would like to point out that this hotel is a NON-SMOKING HOTEL out of consideration for further guests. In cases where people smoke nevertheless, particularly inside the hotel room, the additional effort for cleaning the room will be charged, amounting to a lump-sum of EUR 150.00 as a minimum fee. In case the further letting of rooms is impossible due to a lasting unpleasant odour caused by non-observance of the smoking ban, the hotel reserves the right to charge customers violating the smoking ban the full compensation of any loss of revenue, even after the customer’s departure. The hotel also reserves the right to charge the customer the full costs for the attendance of a fire brigade as a result of a fire caused by the customer. The customer reserves the right to furnish proof that the hotel has had no additional/just a minor additional effort and that it has incurred no loss/just a minor loss in revenue.
5. WITHDRAWAL BY CUSTOMER (REVOCATION, CANCELLATION and NoShow)
- A revocation of the booking by the customer requires the written approval of the hotel. In case the hotel does not give such written approval, the price as stipulated in the contract shall be payable even if the customer does not make use of the contractually agreed services.
- If the hotel and the customer have a written agreement on a deadline for the revocation of the booking, the customer has the right to withdraw from the contract without payment of any charges or claims for damages by the hotel up to the specified deadline. The customer’s right of withdrawal free of charge shall expire if the customer does not exercise his/her right of withdrawal in writing before the agreed deadline.
- The hotel in obliged to deduct the proceeds from a further lease of rooms the customer has not made use of as well as to deduct any expenses not incurred. In case the rooms not made use of are not let to a different party, the hotel shall be entitled to the payment of the contractually agreed compensation in full and to deduct any expenses not incurred as a lump sum in accordance with the cancellation terms
- Important note: In accordance with directive 2011/83/EU of the European Parliament, paragraph 16, the right to withdrawal of 14 days does not apply to hotel bookings. Instead, the hotel’s cancellation policy shall be applicable.
- WITHDRAWAL BY THE HOTEL
6. WITHDRAWAL BY THE HOTEL
- If a specific period for the customer to withdraw from the contract free of charge has been agreed on in writing, the hotel shall also be entitled to withdraw from the contract within the agreed period (e.g. if the booking has not been confirmed by the customer even after request by the hotel or if the contractually agreed advance payment has not arrived).
- Independent thereof, the hotel is entitled to extraordinary withdrawal from the contract for objective and justified reason, e.g. in cases of force majeur or in cases of false/misleading information by the customer regarding the customers principal information such as personal data or regarding the purpose of the customer’s stay.
- In case of a justified withdrawal by the hotel, the customer shall not be entitled to damages.
7. AVAILABILITY, HANDOVER AND RETURN OF ROOMS
- The customer does not acquire any right to the availability of particular rooms, unless expressly agreed in writing.
- Booked rooms can be occupied by the customer on the agreed day of arrival from 3 pm. The customer is not entitled to earlier availability of the rooms.
- On the agreed day of departure, the hotel rooms must be vacated no later than 12pm (midday) and relinquished to the hotel. After that, the hotel is entitled to charge 50 % of the full list price (accommodation price) for a prolonged use until 6pm and 100% for use of the hotel room after that time. The customer reserves the right to furnish proof that the hotel has not incurred any or just minor damage.
8. LIABILITY OF THE HOTEL
- The hotel shall be liable for its duties resulting from the contract. Customers’ claims for damages are excluded. Unaffected thereof remains the liability for injury to life, limb or health where the hotel is responsible for a breach of its duty as well as the liability for other damage resulting from the hotel’s intentional or grossly negligent breach of duty or damage resulting from the hotel’s intentional or grossly negligent breach of typical contractual duties. In the event of faults or defects in the hotel’s performance, the hotel will do its best to remedy the situation once it becomes aware of the issue or upon receipt of a customer’s immediate complaint. The customer is obliged do everything that can be reasonably expected to help remove the fault and to help reduce the possibility of any damage.
- The hotel shall be liable for items the customer brought onto the premises in accordance with the legal provisions. Pursuant to these provisions, the liability shall be limited to 100 times the room price, but only up to a maximum of EUR 3,500.00 and up to EUR 800.00 for money, securities and valuables. Money, securities and valuables of up to EUR 3,500.00 can be kept in the hotel safe.
- Items belonging to the customer which remain at the hotel after his/her departure will only be forwarded to the customer upon express demand and at the customer’s risk and cost. The hotel stores left items for a period of one month. After that, the hotel will hand over items of obvious value to the local lost property office. The hotel reserves the right to destroy Items of no obvious value after the expiry of the above-mentioned period.
- If the customer is allocated parking space in the garage or the hotel parking lot, also against payment of a fee, this allocation does not constitute a safekeeping agreement. The hotel shall not be liable for loss/disappearance or damage of parked motor vehicles, trailers, motor bikes or trailers and their contents, unless caused by the hotel’s intent or gross negligence.
9. FINAL PROVISIONS
- Amendments of and additions to this contract or to the general terms and conditions have to be made in writing. Unilateral amendments and additions by the customer shall have no effect.
- Place of performance and payment shall be the registered office of the hotel.
- German law is applicable. The application of the UN Statutes on International Sales and the Statutes on Conflicts of Law is excluded.
- Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereof. In other respects, the statutory provisions shall apply.