Terms of Service
For the provision of rooms, conference and banquet rooms
These Terms and Conditions govern contracts for the rental use of hotel rooms for accommodation, and any other service provided to the customer services provided by the hotel.
The subletting or letting of rooms, conference and banquet rooms as well as their abnormal use requires the prior written consent of the hotel, § 540 para. 1 sentence 2 BGB is tied, if the customer is not a consumer.
The customer's terms and conditions apply only if so agreed in writing.
II. Contract conclusion; parties; limitation
The contract is concluded by the confirmation of the hotel with the customer (single name for purchaser, organizer, guest, etc.).
Contractual partners are the hotel and the customer. Has ordered for the customer, a third, he is liable to the hotel together with the customer as joint debtor for all obligations under the contract
All claims against the hotel shall lapse one year after the commencement of the general statute of limitations dependent upon knowledge of § 199 para. 1BGB. Damage claims shall be independent of knowledge in five years. The limitation periods do not apply to claims which are based on an intentional or grossly negligent breach of obligation.
III. Services, prices, payment, invoicing
This hotel is committed the booked rooms / spaces available and to render the agreed services.
The customer is obligated to pay the applicable or agreed for the room / space-cession and used by him in other services of the hotel prices.
The agreed prices include, unless expressly confirmed in writing, the respective VAT a. If the period between contract and contract exceeds four months and if the price generally charged by the hotel for such services increases, this can increase the contractually agreed price appropriately by a maximum increase of 5%.
The rates may be adjusted by the hotel if the customer subsequently wishes to change the number of rooms booked, the hotel's services or the duration of the guests and the hotel agrees.
Hotel bills without a due date are within 7 days from receipt of invoice without deduction. The hotel is entitled to call in accrued at any time and to demand immediate payment. In case of default the hotel is entitled to demand the applicable default interest in the amount of currently 8% or, with legal transactions with a consumer is involved in the amount of 5% above the base rate. The hotel reserves the right to prove higher damages.
The hotel is entitled to demand for contract or after taking into account the legal provisions for package tours, a reasonable advance payment or security. The amount of the advance payment and payment dates may be agreed in the contract.
The customer can only offset or reduce a undisputed or legally binding claim against a claim by the hotel.
IV. Repudiation by Customer (i. E. Cancellation) / Failure to Use Hotel Services
Cancellation by the customer of the contract concluded with the hotel contract shall be in writing and the written consent of the hotel. If not this, then the price agreed in the contract must also be paid if the customer does not contractual services. This does not apply to injury of the hotel's commitment to take into account the rights, objects of legal protection and interests of the customer, if this holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
Insofar as the hotel and the customer a date for a cost-free cancellation of the contract was agreed upon, the customer may rescind the contract, without incurring payment or damage compensation claims by the hotel. The resignation of the customer expires if he does not exercise his cancellation right in writing to the hotel by the agreed date, insofar as no case of withdrawal by the customer in accordance with point 1 set. 3
When not used by the customer to claim rooms, the hotel must credit the income from renting the rooms and also for saved expenses.
The hotel is at liberty to demand the contractually agreed compensation and to a flat rate for the saved expenses. The customer in this case is bound at least 80% of the contractually agreed rate for lodging with or without breakfast, to pay 70% for half and Vollpension-, other package tours as well as food and beverages. This also applies to the other service provision (Meeting, banquet rooms and additional services, esp. UPS at events). The customer is free to prove that the claim mentioned above was not created or not created in the amount demanded.
V. Repudiation by Hotel
If a free right of withdrawal of the customer agreed in writing within a specified period, the hotel is entitled for its part in this period, to withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not further inquiry of the hotel his right to ride back waived.
the hotel is an agreed or demanded pursuant to Item III, Nr. 6 supra demanded not made even after a reasonable grace period set by the hotel, so is also entitled to rescind the contract.
Furthermore, the hotel is entitled to extraordinary rescission of the contract for justifiable cause, eg if
force majeure or other circumstances beyond the hotel not make the fulfillment of the contract impossible;
Rooms under misleading or false information regarding material facts, such as be booked in the identity of the customer or the purpose;
the hotel has justified cause to believe that use of the hotel's services might jeopardize the smooth operation, security or reputation of the hotel in public without this being attributable to the management or organization of the hotel;
is a breach of clause I Nr. 2 supra.
From justified cancellation by the hotel not entitle the customer for damages arises.
VI. Room Availability
The customer is not entitled to the Bereiststellung specific rooms.
Reserved rooms are available to customers from 15.00 hours on the agreed day of arrival. The customer has no right to earlier Bereiststellung.
On the agreed departure rooms are to provide the hotel vacated at 11.00 latest. Afterwards the hotel due to the delayed vacating of the room for exceeding the contractual utilization to 18:00 50% of the full accommodation rate (list price) into account, from 18.00 100%. Contractual claims of the customer are not justified hereby. Is at liberty to prove that the hotel incurred no or much lesser claim to use damages.
Glashütte 27 April, 2007.
This statement supersedes all terms and conditions previously approved their validity.