Terms and Conditions for accomodations
Hotel Quellenhof, Grainau
„Terms and Conditions for accomodations“ AGB
As per usual in business, a room reservation is not possible without legal guidelines.
A room rental between a customer and a hotel which has aknowlegded it establishes a contact relationship, the lodging agreement. Like all contracts, the accommodation contract can be ended by both parties. The following rights and obligations arise specifically by the lodging agreement.
1. SCOPE
1.1 These terms and conditions apply to contracts for the temporary rental of hotel rooms for accommodation purposes, as well as all other related services and deliveries provided by the hotel to the customer (Hotel Accommodation Agreement). The term “Hotel Accommodation Agreement” replaces and includes the terms lodging contract, guest accommodation, hotel contract, and hotel room contract.
1.2 Subletting or further letting of the provided rooms, as well as their use for purposes other than accommodation, require the prior written consent of the hotel. Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived, provided the customer is not a consumer as defined in § 13 BGB.
1.3 The customer’s general terms and conditions apply only if explicitly agreed upon in writing beforehand.
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2. CONTRACT FORMATION, PARTIES, LIMITATION PERIOD
2.1 The contracting parties are the hotel and the customer. The contract comes into effect upon the hotel’s acceptance of the customer’s request. The hotel may confirm the room booking in writing at its discretion.
2.2 All claims against the hotel are subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims based on intentional or grossly negligent breaches of duty by the hotel.
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3. SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obliged to provide the rooms booked by the customer and to perform the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices for the room provision and for additional services used. This also applies to services commissioned by the customer and provided by third parties but paid for in advance by the hotel.
3.3 Prices include applicable taxes and local charges at the time the contract is concluded. Local charges that are owed by the guest (e.g. tourist tax) are not included. If there are changes to VAT or new/changed/abolished local charges after contract conclusion, prices will be adjusted accordingly. For consumers, this applies only if more than four months lie between contract conclusion and performance.
3.4 The hotel may make its agreement to a customer’s requested reduction in number of booked rooms, services, or duration of stay conditional upon an appropriate increase in the price for the rooms and/or other services.
3.5 Hotel invoices are due immediately upon receipt without any deduction. If payment on invoice was agreed, payment must be made within ten days of invoice receipt unless otherwise agreed.
3.6 The hotel may request a reasonable advance payment or security deposit (e.g., credit card guarantee) upon contract conclusion. Amount and due dates can be agreed in writing. For advance payments in package travel, statutory provisions remain unaffected. In case of payment delay, legal provisions apply.
3.7 In justified cases (e.g., customer default or contract expansion), the hotel may request an advance payment/security deposit up to the full agreed price even after contract conclusion.
3.8 At the beginning and during the stay, the hotel may also request a reasonable advance payment/security deposit for existing or future claims, if not already provided.
3.9 The customer may only offset hotel claims with undisputed or legally established counterclaims.
3.10 The customer agrees to receive invoices electronically.
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4. CUSTOMER CANCELLATION / NO SHOW
4.1 Customer cancellation is only possible if expressly agreed in the contract, if a statutory right of withdrawal exists, or if the hotel agrees.
4.2 If a free cancellation deadline was agreed, the customer may cancel until then without incurring payment or damage compensation claims.
4.3 If no cancellation right was agreed or it has expired, and if no statutory right exists and the hotel does not agree to a termination, the hotel retains the right to full payment even if services are not used. The hotel must deduct any income from re-renting and saved expenses. If rooms are not re-rented, the hotel may charge a lump-sum deduction. In that case, the customer must pay 100% of the agreed room rate (with or without breakfast). The customer may prove that no or lower claims arose.
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5. HOTEL CANCELLATION
5.1 If the customer was granted a right to cancel within a certain period, the hotel may also cancel if other inquiries exist and the customer does not confirm the booking upon hotel’s request.
5.2 If an agreed/requested advance payment or security is not made even after a reasonable grace period, the hotel may cancel the contract.
5.3 The hotel may cancel the contract for justifiable reasons, such as:
• Force majeure or other circumstances beyond its control make performance impossible.
• Rooms were booked with misleading or false information (e.g., customer identity, ability to pay, purpose of stay).
• There is reason to believe the stay may endanger the hotel’s operation, security, or public reputation.
• The purpose of stay is illegal.
• There is a breach of clause 1.2 above.
5.4 A justified hotel cancellation does not entitle the customer to compensation.
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6. ROOM PROVISION, HANDOVER, RETURN
6.1 The customer has no right to specific rooms unless agreed in writing.
6.2 Booked rooms are available from 4:00 PM on the agreed arrival date. Early check-in is not guaranteed.
6.3 On departure day, rooms must be vacated by 11:00 AM. After this, the hotel may charge 50% of the full accommodation price until 6:00 PM, and 90% after 6:00 PM. This does not create contractual claims for the customer, who may prove that no or lower compensation is due.
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7. HOTEL LIABILITY
7.1 The hotel is liable for damages resulting from injury to life, body, or health that it is responsible for. It is also liable for other damages caused by intentional or grossly negligent breaches of contract-typical obligations. Contract-typical obligations are those that enable proper performance and on which the customer relies. Liability also applies to representatives or agents. Further liability is excluded unless otherwise stated here. The hotel will remedy any service issues upon becoming aware or receiving a prompt complaint.
7.2 For items brought into the hotel, legal liability applies. The hotel recommends using the room or hotel safe. Storing items over €500 in value (cash, securities, valuables) or items over €1,000 requires a special storage agreement.
7.3 If a parking space is provided (paid or unpaid), no storage contract is created. For loss or damage of vehicles and contents, liability is limited per 7.1 above.
7.4 Wake-up calls are performed with care. Messages for guests are handled carefully. Upon agreement, the hotel may accept, store, and – upon request – forward mail and parcels for a fee. Liability follows 7.1.
7.5 Bicycles are parked at the guest’s own risk. A designated area may be provided if available, but there is no entitlement. No liability is accepted for loss or damage unless a special agreement is made. Guests must secure their bicycles properly. Contributory negligence may reduce or void claims.
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8. FINAL PROVISIONS
8.1 Changes and additions to the contract, acceptance, or these terms must be in writing. Unilateral changes are invalid.
8.2 Place of performance and payment, and exclusive place of jurisdiction – also for check and bill disputes – is Frankfurt am Main for commercial dealings. If the customer meets § 38 (2) ZPO and has no general domestic jurisdiction, Frankfurt am Main is also applicable.
8.3 German law applies. UN sales law does not apply.
8.4 As required by law, the hotel informs that the European Union provides an online platform for out-of-court dispute resolution (ODR platform): http://ec.europa.eu/consumers/odr/
