This English text is a translation provided for convenience only. The contractual relationship is governed exclusively by the German version of these terms and by German law.
These terms and conditions apply to contracts for the letting of hotel rooms for accommodation and to all further services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” covers and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract. Subletting or re-letting of the rooms provided, and their use for purposes other than accommodation, require the prior consent of the hotel in text form; section 540 (1) sentence 2 of the German Civil Code is waived insofar as the customer is not a consumer. The customer’s own general terms and conditions apply only if this has expressly been agreed in text form beforehand.
The contract comes into effect when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in text form. The contracting parties are the hotel and the customer. If a third party has booked on behalf of the customer, that party is liable to the hotel together with the customer as joint debtors for all obligations arising from the hotel accommodation contract, provided the hotel holds a corresponding declaration from the third party. All claims against the hotel generally lapse one year after the statutory limitation period begins. Claims for damages lapse after five years irrespective of knowledge, unless they are based on injury to life, body, health or liberty. Such claims for damages lapse after ten years irrespective of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
The hotel is obliged to keep available the rooms booked by the customer and to provide the agreed services. The customer is obliged to pay the hotel’s agreed or applicable prices for the room and for any further services used. This also applies to services and expenses of the hotel to third parties initiated by the customer. The agreed prices include the applicable statutory value added tax. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, in the hotel’s services or in the length of stay conditional on an increase in the price of the rooms and/or the other services. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel may demand immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently 8 %, or 5 % above the base rate in transactions involving a consumer. The hotel reserves the right to prove higher damages. The hotel is entitled to require an appropriate advance payment or security from the customer on conclusion of the contract, in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the payment dates may be agreed in the contract in text form. Statutory provisions remain unaffected for advance payments or security in the case of package travel. In justified cases, for example if the customer is in arrears or the scope of the contract is extended, the hotel is entitled, after conclusion of the contract and up to the start of the stay, to require an advance payment or security as described in no. 5 above, or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration. The hotel is further entitled, at the start of and during the stay, to require an appropriate advance payment or security as described in no. 5 above for existing and future claims arising from the contract, insofar as such payment has not already been made in accordance with nos. 5 and/or 6 above. The customer may only set off or offset an undisputed or legally established claim against a claim of the hotel.
Cancellation of your room reservation must be made in writing and confirmed by us in writing. Free cancellation of your booking is possible up to 7 days (until 6 pm) before the date of arrival. In the event of later cancellation or non-arrival, we reserve the right to charge a cancellation fee of 80 % of the booked services/days; in the event of late arrival and/or early departure we charge 100 % of the booked services/days.
So that possible financial losses are covered if you cancel or cut short your holiday because of illness, accident or unemployment – including within the family – we recommend taking out appropriate travel cancellation insurance.
Where it has been contractually agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is for its part entitled during that period to withdraw from the contract if enquiries from other customers for the rooms booked are received and the customer, when asked by the hotel, does not waive the right of withdrawal. If an agreed advance payment or security required under section III nos. 5 and/or 6 above is not made even after an appropriate grace period set by the hotel has expired, the hotel is likewise entitled to withdraw from the contract.
The hotel is further entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible; if rooms are booked culpably using misleading or false information on facts material to the contract, for example concerning the identity of the customer or the purpose of the stay; if the hotel has reasonable grounds to assume that use of the hotel’s services may jeopardise the smooth running of the business, the security or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation; if the purpose or occasion of the stay is unlawful; or if there is a breach of section I no. 2 above. In the event of justified withdrawal by the hotel, the customer has no claim to damages.
The customer acquires no right to the provision of particular rooms unless this has been expressly agreed in text form. Booked rooms are available to the customer from 3 pm on the agreed day of arrival. The customer has no claim to earlier provision. On the agreed day of departure, rooms must be vacated and made available to the hotel by 11 am at the latest. After that, the hotel may charge 50 % of the full accommodation rate (list price) for use beyond the contract until 6 pm, and 100 % from 6 pm. This does not establish any contractual claims of the customer. The customer is free to prove that the hotel has incurred no claim, or a substantially lower claim, to a usage fee.
The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. This does not apply to damage arising from injury to life, body or health where the hotel is responsible for the breach of duty, to other damage based on an intentional or grossly negligent breach of duty by the hotel, and to damage based on an intentional or negligent breach of duties typical of the contract. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. If disruptions or defects in the hotel’s services occur, the hotel will endeavour to remedy them upon becoming aware of them or upon immediate complaint by the customer. The customer is obliged to contribute what can reasonably be expected in order to remedy the disruption and to keep any damage to a minimum.
The hotel is liable to the customer for items brought in, in accordance with statutory provisions. Liability is thereby limited to one hundred times the room rate, but no more than € 3,500, and for money, securities and valuables to no more than € 800. Money, securities and valuables may be kept in the hotel or room safe. The hotel recommends making use of this option. Where a parking space in the hotel garage or in a hotel car park is made available to the customer, including for a fee, this does not constitute a safekeeping contract. The hotel is not liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, except in cases of intent or gross negligence. The exclusion of the customer’s claims for damages is governed accordingly by no. 1, sentences 2 to 4 above.
Wake-up calls are carried out by the hotel with the greatest care. Messages, post and consignments of goods for guests are handled with care. The hotel undertakes delivery, storage and, on request and for a fee, forwarding of the same. The exclusion of the customer’s claims for damages is governed accordingly by no. 1, sentences 2 to 4 above.
Amendments and additions to the contract, to the acceptance of the application or to these general terms and conditions should be made in text form. Unilateral amendments or additions by the customer are invalid. The place of performance and payment is the location of the hotel. In commercial dealings, the exclusive place of jurisdiction – including for disputes concerning cheques and bills of exchange – is the registered office of the hotel. If a contracting party fulfils the requirements of section 38 (2) of the German Code of Civil Procedure and has no general place of jurisdiction in Germany, the registered office of the hotel is deemed the place of jurisdiction. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and of conflict-of-law rules is excluded. Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions is not affected. In all other respects, statutory provisions apply.
Garmisch-Partenkirchen, as at: OCTOBER 2009