The following terms and conditions apply to the provision of hotel rooms and all other services and deliveries provided to the customer by the Hotel Erbprinzenpalais, including the Suite House, as well as the Hotel Schlosspalais (hereinafter referred to as "hotel"):
1. Conclusion of contract, cancellation of the hotel accommodation contract
1. The hotel accommodation contract is concluded by the confirmation of a booking/reservation by the hotel or by the acceptance of an offer from the hotel that is described as binding by the customer. When booking online, the possibility of making a reservation does not constitute a binding offer by the hotel. The customer makes a binding offer when he clicks the "Binding booking" button. The contract is concluded as soon as the customer receives the booking confirmation from the hotel.
2. Bookings/reservations are binding for both partners. The hotel is obliged to provide the rooms booked by the customer and to provide the agreed services. The customer is obliged to pay the hotel's applicable prices for the room and the services used by him.
3. The hotel is entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee or a deposit. The type and amount of the advance payment as well as the payment dates are agreed in writing in the contract.
4. After conclusion of the contract before or after the start of the stay, the hotel is entitled to demand an advance payment or security deposit or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration in justified cases, e.g. if the customer is in arrears with payment.
5. The hotel grants the customer the right to withdraw at any time. The following provisions apply:
a. The hotel has the option of charging the guest a cancellation fee instead of a specifically calculated compensation. The cancellation fee is 80% of the contractually agreed price for overnight accommodation with or without breakfast. The guest is free to provide evidence that the hotel has not suffered any damage or that the damage suffered by the hotel is less than the flat-rate compensation required.
b. If the hotel calculates the compensation specifically, the amount of compensation shall be a maximum of the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
c. If the guest does not use the booked room or the booked services without notifying the hotel in advance (no show), the hotel is entitled to charge 100% of the contractually agreed price for overnight accommodation with or without breakfast.
d. If the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period of time without further legal consequences, the hotel is not entitled to compensation. The decisive factor for the timeliness of the declaration of withdrawal is its receipt by the hotel. The customer must declare the withdrawal in writing.
II. Arrival and departure
1. The hotel is obliged to make the reserved rooms available on the day of arrival from 3:00 p.m. Whenever possible, rooms will be made available earlier if necessary. There is no right to earlier handover.
2. The guest is obliged to pay the hotel's applicable prices for the provision of the room and the other services used by him.
3. Unless otherwise agreed, the hotel will keep reserved rooms free until 6:00 p.m. After that, the hotel is free to allocate rooms to others.
4. Booked rooms are available to the guest until 11:00 a.m. on the day of departure. If the guest leaves the room after 11:00 a.m., the hotel can charge an additional 50% of the price for that day if the guest checks out before 4:00 p.m. and 80% of the price after 4:00 p.m.
5. If the customer has not reserved all of the hotel's rooms, there is no right to choose specific rooms or rooms within a room category, unless the hotel has confirmed the provision of specific rooms in writing.
III. Payment, place of performance
1. The agreed prices include statutory VAT. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 6 months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 10%. In the event of a possible increase in VAT, we reserve the right to adjust the prices offered.
2. Furthermore, the hotel can change prices if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.
3. Accumulated claims can be made due at any time and immediate payment can be demanded.
4. In the event of late payment, the hotel is entitled to demand interest on the outstanding invoice amount of 5 percentage points above the respective base interest rate of the Deutsche Bundesbank. The hotel reserves the right to prove that the interest loss is higher.
5. The customer can only offset or reduce a claim against the hotel with an undisputed or legally binding claim.
6. The place of performance and payment is the registered office of the booked hotel.
IV. Third-party services
In addition to the hotel services, third-party services can be arranged for the customer, e.g. sports courses, visits to events and excursions, etc. Third-party services are not carried out by the hotel, but by third parties (service providers) under their own responsibility. The customer concludes the respective contract directly with the organizer.
V. Liability / Limitation Period
1.
a. The hotel's liability in the area of its own service provision is excluded unless otherwise regulated in the following provisions.
b. The exclusion of liability according to 1.a. does not apply to damage caused by culpable violation of an essential contractual obligation in a way that endangers the achievement of the purpose of the contract. Essential contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely. However, liability is limited to the damage typical for the contract, the occurrence of which each contracting party had to expect based on the circumstances known to it at that time.
c. The exclusion of liability according to 1.a. also does not apply to damages resulting from injury to life, body or health that are based on a negligent breach of duty by the hotel or its legal representatives or vicarious agents.
d. The exclusion of liability according to 1.a. does not apply to damages that are based on an intentional or grossly negligent breach of duty by the hotel or its legal representatives or vicarious agents.
e. The exclusion of liability according to 1.a. does not apply to claims under the Product Liability Act.
f. Insofar as the hotel's liability is excluded or limited, this also applies to the liability of its legal representatives, employees and vicarious agents.
2. Strict liability for damages for defects that already existed at the time the contract was concluded (Section 536a of the German Civil Code) is excluded.
3. The limitation period for customer claims against the hotel is six months after the contractually agreed hotel service has been provided. The short limitation period applies to the hotel's benefit both for contractual claims and for claims arising from tort.
4. No guarantee and/or liability is assumed for third-party services within the meaning of Section IV.
5. Valuables can be stored in the hotel safe.
The hotel recommends making use of this option.
6. If the guest is provided with a parking space on the hotel premises or in the underground car park, he or she only concludes a contract with the hotel for the rental of the parking space. There is no security and no storage contract is concluded. The hotel is not liable for loss of or damage to a motor vehicle parked on the hotel premises/underground car park and/or for its contents, unless the hotel is responsible for the damage in accordance with the provisions under 1.
7. Please note that smoking and the use of candles, table fireworks, sparklers and similar items are strictly prohibited in our premises for fire safety reasons. Furthermore, it is not permitted to charge lithium-ion batteries of technical devices or electric bicycles unattended or to leave them in the hotel.
In the event of a violation and a fire alarm as a result, we reserve the right to pass on the resulting costs, e.g. of a fire service operation, to the person responsible.
8. The guest is liable to the hotel for damage or loss caused negligently within the meaning of §276 BGB. Even slight negligence gives rise to the guest's obligation to pay compensation.
Damage caused by the guest must be replaced at the replacement value (not current value). Exaland GmbH refuses to enter into any contact or negotiations with a liability insurer or similar.
The guest alone is liable for any damage caused, any resulting loss of rent and the cost of replacement. The same applies to damage caused by third parties if they are staying in the hotel at the instigation of the guest.
VI. Final provisions
1. For any disputes arising from this contract and its fulfillment, the jurisdiction of the court responsible for the hotel's registered office is agreed, as far as legally permissible.
2. Should individual provisions of these general terms and conditions be ineffective or void, this shall not affect the effectiveness of the remaining provisions. Otherwise, the statutory provisions apply.
