I. Scope of application
1.
These terms and conditions apply to contracts for the rental of hotel rooms in the respective Pension Bergseeblick hotel for accommodation and for all the services provided in this context further benefits of Pension Bergseeblick for the customer (Hotel Accommodation Contract).
2.
The subletting or re-letting of the premises, the exploitation of the hotel room to purposes other than accommodation, public invitations or other advertising measures to interviews, sales and similar events, and the use of hotel space outside the rented premises for the above events require the prior Explicit consent of Pension Bergseeblick and may be subject to the payment of an additional fee. § 540 para. 1 sentence 2 BGB shall not apply if the customer is not a consumer.
3.
Terms and Conditions of the customer shall only apply if this has been explicitly agreed.
II. Conclusion of contract; Statute of limitations
1.
The contract is concluded by the acceptance of the request of the customer by existence Pension Bergseeblick. Pension Bergseeblick is free to confirm the room booking in text form.
2.
The customer is obligated Pension Bergseeblick unsolicited latest on
to point out the contract, provided that the use of the hotel’s services is likely to jeopardize the smooth operation, the safety or the reputation of Pension Bergseeblick in public.
3.
Any claims against Pension Bergseeblick shall lapse one year from the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by Pension Bergseeblick.
III. Services, prices, payment, offsetting
1.
The customer is obligated, agreed for rooms provided and used by him in other services used or to pay current prices of Pension Bergseeblick. This also applies to the services of third parties commissioned directly or through Pension Bergseeblick, whose remuneration is paid by Pension Bergseeblick.
2.
The agreed prices include applicable at the time the contract taxes and local charges. Local taxes are not included, which are owed by the guest according to the respective municipal law, such as tourist tax. If the statutory value-added tax or the new introduction, change or abolition of local taxes on the object of performance after the contract is changed, the prices are adjusted accordingly. In the case of contracts with consumers, this applies only if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.
Pension Bergseeblick may make its consent to the customer’s later reduction in the number of reserved rooms, the hotel’s services or the duration of the customer dependent on the price of the room and / or increased appropriately for the other services of the hotel .
4.
payment has been agreed for the account, so does the payment – unless agreed otherwise – within 10 days to be carried out after receipt of the invoice.
5.
For every reminder after default occurs, the customer must reimburse reminder costs of € 5 at Pension Bergseeblick. Evidence that no or significantly lower costs incurred, is the free client.
6.
Pension Bergseeblick is entitled to demand for contract by the customer a reasonable advance payment or security, eg., In the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The statutory provisions shall remain unaffected in the case of prepayments or security payments for package tours.
7.
In justified cases, z. B. arrears of customers or expand the scope of the contract, Pension Bergseeblick is entitled, even after the contract until the beginning of the stay in advance or security deposit within the meaning of the above no. 6 or an increase of in the contract advance payment or security To the full agreed remuneration.
8.
Pension Bergseeblick is also entitled to the commencement and during the customer’s stay a reasonable advance payment or security deposit within the meaning of the above number. To demand 6, insofar as such has not been according to the above paragraphs 6 and / or has been made 7.
9.
The customer may only with an undisputed or legally binding claim offset or offset against a claim by Pension Bergseeblick.
IV. The customer / non-use cancellation of the benefits of
Pension Bergseeblick
1.
Cancellation by the customer of the contract concluded with Pension Bergseeblick is possible only if a right of withdrawal in the contract expressly agreed, a statutory right of withdrawal or if Pension Bergseeblick specific agreement of avoidance of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form.
2.
If a date for the free exercise of the right of withdrawal agreed, the customer may rescind the contract without payment or damage compensation claims by Pension Bergseeblick. The right of withdrawal of the customer expires if he does not exercise it in writing until the agreed date against Pension Bergseeblick.
3.
Is the right of withdrawal is not agreed or already extinct, there is no statutory right and wrong about Pension Bergseeblick annulment of contracts, Pension Bergseeblick retain his entitlement to the agreed remuneration, despite not using the service. Pension Bergseeblick has to charge the income from renting the rooms and the expenses saved. If the rooms are not rented elsewhere, Pension Bergseeblick can request the contractually agreed remuneration and deduct the deduction for any expenses incurred. The customer is obliged in this case to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast as well as for lump sum arrangements with third-party services, 70% for half-pension and 60% for full-pension arrangements. He is free to prove that the above claim has not occurred or has not occurred to the required amount.
V. Rescission of Pension Bergseeblick, unauthorized events
1.
Insofar as it was agreed that the customer can withdraw up to a certain date free from the contract, Pension Bergseeblick is up to this point in turn entitled to rescind the contract in whole or in part if inquiries from other customers regarding the contractually reserved rooms and the customer Did not waive his right of rescission on Pension Bergseeblick’s request with a reasonable time limit. This applies accordingly if an option is granted, if other inquiries are available and the customer is not ready to make a firm booking at Pension Bergseeblick with an appropriate deadline.
2.
Further, Pension Bergseeblick is entitled to withdraw exceptionally justifiable reasons from the contract, in particular if
Force majeure or other circumstances beyond the control of Pension Bergseeblick make the performance of the contract impossible;
Hotel services have been booked with misleading or incorrect information or concealment of contractual facts. Contracts may be the identity of the customer, his solvency or the purpose of his stay;
Pension Bergseeblick has reason to believe that the use of the hotel’s services may jeopardize the smooth operation, security or reputation of Pension Bergseeblick without affecting Pension Bergseeblick’s sphere of control or organization;
The purpose or reason of the stay is illegal;
There is an infringement of clause I no. 2;
An agreed upon or clause III No. 6 and / or 7 pursuant to clause III above
Even after the expiry of a reasonable period of grace set by Pension Bergseeblick.
3.
unauthorized job interviews, sales and similar
events can stop or cancel Pension Bergseeblick.
4.
The authorized resignation of Pension Bergseeblick or the prevention of a non -approved event according to the above number. 3 does not establish the customer’s claim for damages.
5.
If in case of cancellation after the above Nr. 2, a claim by Pension Bergseeblick exist against the customer, Pension Bergseeblick may demand a lump sum. Clause IV No. 3 sentences 2 to 5 shall apply mutatis mutandis in this case.
VI. Room preparation, delivery and return
1.
The customer has no right to be provided specific rooms unless this is expressly agreed.
2.
Reserved rooms are available to customers from 15.00 hours on the agreed day of arrival. The customer has no right to earlier deployment. Unless a later arrival time has been expressly agreed or the room in question has been paid in advance, Pension Bergseeblick has the right to assign rooms booked after 6 pm otherwise the client can derive no claim against Pension Bergseeblick. There is no obligation to distribute the goods elsewhere.
3.
On the agreed departure the rooms are Pension Bergseeblick be vacated at 12.00 to provide. Thereafter, Pension Bergseeblick may charge 50% of the full list price until 6.00 pm due to the delayed evacuation of the room, and at least 90% from 18:00 onwards. Contractual claims of the customer are not justified thereby. It is free to prove that Pension Bergseeblick has not been granted a significantly lower claim to the right to use.
VII. Liability of Pension Bergseeblick
1.
Pension Bergseeblick shall be liable for damages from him from injury to life, limb or health. Furthermore, Pension Bergseeblick shall be liable for other damages which are caused by an intentional or grossly negligent breach of duty on the part of Pension Bergseeblick and damages resulting from a deliberate or negligent violation of contractual obligations of Pension Bergseeblick. Contractual obligations are those obligations which make the proper execution of the contract possible and which the customer may rely on and trust in. A breach of duty by Pension Bergseeblick is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause VII. Should faults or deficiencies occur in the services of Pension Bergseeblick, Pension Bergseeblick will endeavor to remedy the situation if the client is aware of the customer’s immediate fault. The customer is obligated to contribute to the reasonable, in order to remedy the disturbance and keep a possible damage low. In addition, the customer shall be obliged to notify Pension Bergseeblick in good time of the possibility of the occurrence of an exceptionally high loss.
2.
For objects brought Pension Bergseeblick liable to the customer in accordance with statutory provisions. It is recommended to use the hotel or room safe. If the customer wishes to contribute money, securities and valuables with a total value of more than € 800 or other items with a total value of more than € 3,500, a separate storage agreement with Pension Bergseeblick shall be made.
3.
left behind by the customer are only on request, risk and redirected the customer’s expense. Pension Bergseeblick keeps such items three months on; Then, if a recognizable value exists, they are handed over to the local fund office. If the fund office is not ready to take over, the items are kept for another nine months and then either used or destroyed. Pension Bergseeblick’s liability shall be governed by the provisions of paragraph 1 sentences 1 to 5 above.
4.
If the customer is a parking space in the hotel garage or a
hotel parking lot, even if a fee provided this does not constitute a safekeeping agreement. There is no obligation to monitor Pension Bergseeblick. In the case of loss or damage to the motor vehicle parked or parked on the hotel premises and its contents, Pension Bergseeblick shall be liable only in accordance with the provisions of the preceding paragraph 1 sentences 1 to 5. Any damage shall be reported immediately to Pension Bergseeblick.
5.
Wake-up calls are carried out by Pension Bergseeblick with the utmost care.
Messages, mail and merchandise deliveries for guests are carefully treated. (At Pension Bergseeblick accepts the delivery, storage , however, shipments only by prior arrangement) and – on request – for a fee forward such items. The foregoing clause 1 sentences 1 to 5 shall apply mutatis mutandis to the liability of Pension Bergseeblick.
VIII. Final provisions
1.
Changes or additions to the contract or these General Terms and Conditions shall be in writing. Unilateral changes or additions by the customer are ineffective.
2.
Performance and payment for commercial transactions is the
3.
In commercial practice – including check disputes – exclusive jurisdiction Bad Salzuflen. However, Pension Bergseeblick may also sue the customer at the location of the respective Pension Bergseeblick Hotel or the customer’s seat. The same applies in each case provided that the customer fulfills the requirement of § 38 para. 2 ZPO and has no general jurisdiction in Germany. Location of the respective Pension Bergseeblick Hotel.
4.
German law applies. The application of the CISG and the
conflict of laws is excluded.
5.
Should individual provisions of these terms and conditions be invalid or void, so the validity of the remaining provisions shall not be affected. In addition, the statutory provisions apply.
Stand 09.12.2016