Gockelwirt Josef Steinacher
Pröbstener Str. 23 | 87637 Eisenberg im Allgäu
Commercial register: HRA 274 | Register court: Kempten, Allgäu

1 SCOPE OF APPLICATION

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). hotel (hotel accommodation contract). The term "Hotel Accommodation Contract" includes and replaces the following terms: Accommodation, accommodation, hotel, hotel room contract.

1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer within the meaning of § 13 BGB.

1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in text form in advance. has been made.

2 CONCLUSION OF CONTRACT, PARTNERS, LIMITATION PERIOD

2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the room booking in text form.

2.2 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This shall not apply claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel. breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

3.2 The customer is obliged to pay the agreed or applicable hotel prices for the room rental and the other services used by him. agreed or applicable prices of the hotel. This also applies to services commissioned by the customer directly or via the hotel services provided by third parties and disbursed by the hotel.

3.3 The agreed prices include the taxes and local duties applicable at the time the contract is concluded. taxes. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax. for example visitor's tax. In the event of changes to the statutory value added tax or the introduction, amendment or abolition of local levies on the service after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this only applies only applies if the period between conclusion and fulfillment of the contract exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked by the customer, the hotel's service or the length of the customer's stay number of rooms booked, the hotel's services or the length of the customer's stay, subject to a reasonable increase in the price of the rooms rooms and/or for the hotel's other services.

3.5 Hotel invoices are due for payment immediately upon receipt without deduction. If payment on account has been agreed, then payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed. be made.

3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, e.g. in the form of a credit card guarantee. for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory statutory provisions remain unaffected. If the customer is in default of payment, the statutory provisions shall apply.

3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration. agreed remuneration.

3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract, insofar as such has not already been made in accordance with the above clause 3.6 and/or clause 3.7.

3.9 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel. or offset.

3.10 The customer agrees that the invoice may be sent to him electronically.

4 WITHDRAWAL BY THE CUSTOMER (CANCELATION, CANCELLATION)/ NON-UTILIZATION OF THE HOTEL'S SERVICES (NO SHOW)

4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the agrees to the cancellation of the contract.

4.2 Insofar as the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel.

4.3 If a right of rescission has not been agreed or has already expired, there is also no statutory right of rescission or right to cancel or terminate the contract and the hotel does not agree to cancel the contract, the hotel retains the right to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make a flat-rate deduction for saved expenses as a lump sum. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the the amount claimed.

5 WITHDRAWAL BY THE HOTEL

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually contractually booked rooms and the customer does not waive his right to withdraw from the contract upon request by the hotel with a reasonable deadline. to withdraw from the contract. This applies accordingly if an option has been granted, if other inquiries have been received and the customer customer is not prepared to make a firm booking after being asked by the hotel within a reasonable period of time.

5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract. contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
- rooms or rooms are culpably booked with misleading or false information or concealment of material facts the identity of the customer, the ability to pay or the purpose of the stay may be material;
- the hotel has reasonable grounds to believe that the use of the service would jeopardize the smooth running of the business business operations, the security or the reputation of the hotel in public without this being within the hotel's sphere of control or organization. attributable to the hotel's sphere of control or organization;
- the purpose or reason for the stay is unlawful;
- there is a violation of section 1.2 above.

5.4 The justified withdrawal of the hotel does not entitle the customer to claim damages.

6 ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form. agreed in text form.

6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no claim to earlier availability.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. vacated. Thereafter, the hotel may charge 50% of the full accommodation price (price according to the price list) for the late vacating of the room use of the room until 6:00 p.m. 50% of the full accommodation price (price according to price list), after 6:00 p.m. 90%. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the Hotel has no or a significantly lower claim to a usage fee.

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. health. Furthermore, it shall be liable for other damages which are based on an intentional or grossly negligent breach of duty on the part of the hotel or an intentional or negligent breach of typical contractual typical contractual obligations of the hotel. Typical contractual obligations are those obligations which performance of the contract and on the fulfillment of which the customer relies and may rely. may rely on. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel's services, the hotel shall, upon knowledge thereof or upon the customer, the hotel shall endeavor to remedy the situation. The customer is obliged to do what is reasonable to to remedy the disruption and to minimize any possible damage.

7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer brings in money, securities and valuables with a value of than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement. a separate storage agreement with the hotel.

7.3 Insofar as the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even for a fee, this does not This does not constitute a safekeeping agreement. In the event of loss or damage damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall be liable shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.

7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are handled with care. After prior consultation with the customer, the hotel may customer, the hotel may accept, store and - on request - forward mail and consignments for a fee. consignments of goods. The hotel shall only be liable in this respect in accordance with the above clause 7.1, sentences 1 to 4.

8 FINAL PROVISIONS

8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.

8.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes relating to checks and bills of exchange - is the location of the hotel in commercial transactions. If the customer fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.

8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.4 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): . has set up: http://ec.europa.eu/consumers/odr
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.