I. Scope of validity
1. Mrs. Manuela Schumacher runs the “Hotel and Restaurant” that is called” Alte Posthalterei “in the following terms and conditions. These General Terms of Business apply to all offers and contracts concluded by us for the rental of hotel rooms for accommodation, as well as to all other services and deliveries made by us for the customer.
2. The customer’s terms and conditions only apply if we have expressly confirmed them in writing beforehand.
II. Conclusion of contract and notification obligation
1. All our offers, especially those in advertising documents or on the Internet are non-binding. They are legally to be regarded as an invitation to submit an offer. Offers of the customer are accepted if we confirm them in writing or if they are carried out immediately after submission of the offer or on time.
2. The customer is obliged to inform us of this at the latest when the contract is concluded, provided that the use of the hotel service is suitable to jeopardize the smooth running of the business, the security or the reputation of the Alte Posthalterei in public.
III. Services, prices, payments, offsetting
1. Timely compliance with our services requires the fulfilment of the customer’s contractual and cooperation obligations; in particular the services of an agreed down payment and the timely provision of the necessary documents and information by the customer.
2. Insofar as we provide services and expenses to third parties for the customer, the customer must reimburse them.
3. If there are more than 4 months between the conclusion of the contract and the fulfilment of the contract, we reserve the right to increase our prices appropriately, but at most by 5% if, after the conclusion of the contract, the price generally charged by the Alte Posthalterei for such services increases or the statutory VAT is increased. If the customer acts in the exercise of his commercial or independent professional activity (entrepreneur) when concluding the contract, the statutory sales tax can be adjusted at any time if this changes.
4. The prices can also be changed by us if the customer requests changes to the number of booked rooms, the services of the hotel or the length of stay of the guests after the conclusion of the contract and we agree.
5. We are entitled to make the booking and hotel rooms dependent on a reasonable advance payment or security deposit. When booking 10 rooms or more, you will receive an invoice 4 weeks before arrival for 50% of the total amount of the booking, the payment of which must be received on our account up to 2 weeks before arrival. If the advance payment is not made by the specified time, we have the right to withdraw from the entire booking. If the reservation is made within a period of less than 4 weeks before arrival, the aforementioned deposit payment is due immediately after receipt of the invoice.
6. If the customer is in arrears with a payment, after the first reminder, he must reimburse reminder costs of € 5.00 to the Alte Posthalterei for each additional reminder. The customer is free to prove that we have incurred no or only significantly lower costs. If the customer is an entrepreneur (see III3.), he has to choose between these reminder costs or the statutory lump sum for late payments.
7. The customer can only offset an undisputed or legally established claim against a claim from us.
IV. Cancellation by the customer (cancellation, reversal) failure to use the services of the Alte Posthalterei.
1. The customer can only withdraw from the contract concluded with us if a right of withdrawal has been expressly agreed in the contract, if there is another statutory right of withdrawal or if we expressly agree to the cancellation of the contract in writing.
2. If a date for free cancellation of the contract has been agreed between us and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims from us. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from us in writing by the agreed date.
3. If a right of withdrawal has not been agreed or has already expired and there is no statutory right of withdrawal or termination and if we do not agree to the cancellation of a contract, we retain the right to the agreed remuneration despite non-use of the service. We have to count the income from renting the rooms to other people as well as the saved expenses. If the rooms are not rented to any other person, the hotel can lump sum the deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with and without breakfast as well as for flat-rate arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
4. For bookings with 4 or more rooms, the following cancellation terms apply in deviation from cipher 3:
5. Cancellation up to 4 weeks before arrival is free of charge.
Cancellation from 4 weeks before arrival day 50% cancellation fee.
Cancellation from 3 days before arrival day 80% cancellation fee.
Cancellation on the day of arrival 90% including breakfast.
The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
V. Withdrawal from events unauthorized by the Alten Posthalterei.
1. Unless a later arrival time has been expressly agreed, we are entitled but not obliged to otherwise allocate booked rooms after 18:00 o’clock on the day of arrival without the customer being able to derive compensation claims in this case. In this respect, we have a right of withdrawal. In this case, there are no cancellation fees for the customer. In the case of a guaranteed booking (stating the credit card number), the room shall be kept free for the customer until midnight on the contractual day of arrival even without an agreement. In the event of no-show, the cancellation conditions in IV apply. Cipher 3 and 4.
2. If we have given the customer an option to make a reservation, the customer must exercise the option within the time limit for a binding reservation. If no explanation is given within the deadline, the possibility of making a reservation for the appointment, which is released for third parties, lapses. If we receive a reservation request from a third party for the day of booking the option, the customer must, upon request from us, explain to us within two days of receipt of the request whether he is exercising the option. If no explanation is given, the option expires on the second day of our request.
3. If the customer has been expressly given the opportunity in writing in the contract to withdraw from a binding reservation free of charge within a certain period, we are also entitled to withdraw from the binding reservation free of charge within the period if the customer, upon our request to do so, does not waive his right to withdraw.
4. If an agreed advance payment is not made even after a reasonable grace period set by us has passed, we are entitled to withdraw from the contract.
5. Furthermore, we are entitled to extraordinarily withdraw from the contract if there is an important reason, especially if force majeure or other circumstances for which we are not responsible makes it impossible to fulfil the contract.
Hotel services are booked with misleading or false information about essential facts, e.g. in the person of the customer or the purpose of the stay, we have reasonable grounds to believe that the use of the hotel services can jeopardize the smooth running of the business, the security or the reputation of the Alte Posthalterei in public, without this being attributable to the domain or organizational area of the Alte Posthalterei, there is a case of unauthorized subletting or further letting to third parties.
6. We can prevent or cancel unauthorized interviews, sales and similar events.
7. If we withdraw from the contract with the customer, our right to assert damage remains unaffected. We are entitled to generalize the damage according to the cancellation conditions under IV. The customer reserves the right to prove that the damage did not occur at all or did not occur in the amount of the cancellation fee.
VI. Room provision, handover and return
1. The customer is not entitled to the provision of certain rooms unless these have been expressly agreed.
2. Booked rooms are available to the customer from 15:00 o’clock on the agreed arrival date. The customer has no right to earlier availability.
3. The rooms must be vacated and made available to us by 10:00 a.m. on the agreed departure date. After that, due to the delayed vacation of the room, we can charge 50% of the full accommodation price (list price) until 18:00 o’clock, from the onwards 100%. This does not justify contractual claims by the customer. He is free to prove that we have suffered no or significantly less damage.
4. The subletting or further letting of the premises to third parties requires our prior written consent, which can be made dependent on the payment of an additional fee. If the customer acts as an entrepreneur (see III3.), the right to terminate the contract in accordance with Sec. 540 (1) clause 2 BGB (German Civil Code) is excluded.
VII. Liability and limitation
1. In the event of a breach of duty, we shall only be liable for damages or reimbursement of expenses – subject to further contractual and legal liability requirements – only in the event of intent or gross negligence. This does not apply if the breach of duty relates to an essential contractual obligation (contractual obligation, the violation of which jeopardizes the achievement of the purpose of the contract and compliance with which the contracting parties can regularly rely on) or guarantee, or leads to liability for damage to life, limb or health.
2. In the event of liability due to negligent breach of an essential contractual obligation, liability is limited to damage that was foreseeable at the time the contract was concluded.
3. The above disclaimers and limitations apply to the same extent in favour of our organs, legal representatives, employees, vicarious agents and other agents.
4. For valuables brought in, we recommend using the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than Euro 400 or other things with a value of more than Euro 3500, this requires a separate storage agreement with the hotel. We assume liability for loss, destruction or damage to the valuables only in accordance with the above provisions 1 to 3.
5. Items left behind by the customer will only be forwarded on request, at the customer’s risk and expense. We keep things for three months; afterwards, if there is a recognizable value, they will be handed over to the local lost property office. We are only liable in this regard in accordance with cipher 1 to 3.
6. If the customer is provided with a parking space in the hotel car park, also for a fee, this does not entail a custody contract. We have no monitoring obligation. In the event of loss or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, we shall only be liable in accordance with cipher 1 to 3. Any damage must be reported to us immediately.
7. We carry out wake-up calls with great care. Messages, mail and consignments for guests are handled with care. We take care of delivery, storage and – on request – forwarding for a fee. We are only liable for this in accordance with the above provisions cipher 1 to 3.
8. The customer is liable for all damage to buildings and inventory caused by his guests, visitors, employees, other third parties in his area or by himself.
9. The limitation period for all claims for damages or reimbursement of expenses against us, regardless of the legal reason, is 12 months, unless we are liable for intent or gross negligence or for damage resulting from injury to life, limb or health.
VIII. Final provisions
1. Changes or additions to the contract, the acceptance of applications or these general terms of business for hotel accommodation must be in text form to be effective. Unilateral changes or additions by the customer are invalid.
2. The place of fulfilment and payment is Zusmarshausen.
3. Augsburg is the exclusive place of jurisdiction for legal disputes with merchants, legal entities and special funds under public law. Mandatory statutory provisions on exclusive jurisdictions remain unaffected by this regulation.
4. German law applies to the legal relationship with the customer, but to the exclusion of the UN sales law (United Nations Convention on Contracts for the International Sale of Goods CISG).
5. Should individual provisions of these general terms of business for hotel accommodation be or become ineffective or void, this does not affect the effectiveness of the remaining provisions. In this case, the parties will agree on a new regulation that comes as close as possible to the ineffective one.