General Terms of Business
(1) The accommodator is a natural or legal person who accommodates guests for payment.
(2) The guest is a natural person who makes use of the accommodation.
(3) The contract party of the accommodation provider is the ordering party, a natural or legal person, who concludes an accommodation contract as a guest or for a guest.
(4) The accommodation contract is the contract concluded between the accommodator and the party to a contract. Differences to the General Terms of Business are possible any time and are told to the contract party in written form when the contract is concluded.
II. Conclusion of Contract
(1) Written or oral bookings taken from the guest, customer or contract party (personal, via telephone, fax, mail or internet) are regarded as enquiries without guarantee. Only the oral or written confirmation received from the hotel concludes the accommodation contract.
(2) The accommodator has the right to demand the credit card number, ID or other personal details of the guest, to make the reservation possible. If the guest refuses, the booking will not be confirmed.
(3) The guest should know that the internet holds risks. Sent data can be manipulated so that the hotel does not receive it at all or containing mistakes. The accommodator does not take responsibility in that case either, as well as if there are any input errors which prevent the right or complete electronical data transfer to the hotel.
III. Prices and Terms of Payment
(1) All prices are per room/day and include breakfast as well as taxes (VAT) and fees. They are valid till the end of the year (if no other prices or conditions mentioned). The accommodator has the liberty of changing prices during the year.
(2) It can be agreed that the guest provides an advance payment. The party to the contract has to pay the bank charges for the transfer. The accommodator decides on the maturity date and amount of the demanded deposit.
(3) The accommodation provider can also request the advance payment of the entire agreed payment amount.
(4) All bills must be generally paid in cash or by credit or debit card at the reception on the departure date. The amount of the bills sent to the contract party at request must be paid immediately after receipt. Bank charges for the transfer have to be paid by the contract party. Discounts are only given after a special arrangement and if mentioned on the bill. If the bill is not paid in time the accommodator charges default interest and a fine amounting to € 5,00.
IV. Start and End of Accommodation
The guest has the right to access the hired room from 2 p.m. on the agreed day of arrival.
If a room is occupied before 8 a.m. the previous night is regarded as the first overnight stay.
If the guest does not vacate the hired rooms by 11 o’ clock on the day of departure the accommodator has the right to charge the price of the room for a further day.
If the contract has been arranged for a certain time it finishes at the end of that time. When the guest decides to leave earlier than arranged the accommodator takes the right to charge the full arranged price. It is the accommodator’s duty to try and look for another rental of the rooms not being used.
The contract with the accommodator is terminated with the death of a guest.
If the accommodation contract was agreed for an non-specific time both contract partners can cancel it any time, provided that they adhere to a cancellation period of 3 days. The cancellation has to reach the accommodator before 10 o’ clock a.m., otherwise that day does not count as the 1st day of the cancellation period, but the following one.
An extension of the guest`s stay requires the consent of the accommodation provider.
The accommodator is entitled to cancel the accommodation contract with immediate effect, if the guest:
(a) makes a considerable detrimental use of the premises, or through his inconsiderate, objectionable
or inappropriate behaviour, spoils the collective living experience of other guests, or is guilty of punishment threatening behaviour against the property, morality or physical security of the accommodation provider, his staff or one of the persons staying in the hotel.
(b) is suffering from a contagious disease or one which exceeds the accommodation duration, or gets
in need of medical care.
(c) does not pay the submitted invoice after a demand within a reasonably set time-period.
The contract is cancelled if the fulfillment becomes impossible due to an event assessed as an Act of God. However, the accommodator is under the obligation to return the money proportionately which he already received, so that he does not make a profit out of this event.
V. Withdrawal from the Accommodation Contract – Cancellation Conditions
(1) The cancellation conditions valid in the respective reservation are dependent on the booked rate and will be brought to the knowledge in the online booking process in writing.
(2) If the room is not cancelled at all (in the event of no-shows), the room price (total price of stay) will apply, minus the amount saved by the hotel.
(3) If a room is rented for a certain period of time but for whatever reason is not needed for 1 night or more, or the guest decides to leave earlier than the fixed date of departure, please also consider the cancellation conditions.
(4) The accommodator can, within one month before the date of arrival and with an objectively justified reason, cancel the accommodation contract by an unilateral statement.
VI. Provision of Substitute Accommodation
(1) The accommodator can make an appropriate substitute accommodation available to the guest if this is
reasonable, and if the difference is negligible and factually justified.
(2) A justification is for example given if a room (rooms) gets unusable, already resident guests prolong their stay, in case of an overbooking or if other operational measures give rise to this step.
(3) Any possible extra costs for the substitute accommodation are to be assumed by the accommodation
VII. Rights of the Guest
(1) By concluding an accommodation agreement the guest is given the right of using the hired rooms and facilities of the hotel, which are normally and without special conditions available for the guests, and of using the usual services.
(2) The guest has the right to access the hired rooms from 2 p.m. on the agreed day of arrival.
(3) If the guest does not take the agreed meals within the usual scheduled times and in the rooms specified for this purpose he has no substitute claim to those services of the accommodation provider.
VIII. Obligations of the Guest
(1) On the termination of the accommodation contract, the agreed payment amount is to be paid, plus any extra charges for possible service the guest or his company require, which are not included in the room rate. Foreign currencies are not accepted by the accommodator. The accommodator is not obligated to accept cash-free payment such as cheques, coupons, vouchers and credit cards.
(2) If a guest takes his own food and drinks with him and consumes them in the public areas, the accommodator is entitled to charge an appropriate compensation to the account.
(3) The accommodator needs to agree if a guest wants to switch on any accompanying electrical devices.
IX. Rights of the Accommodation Provider
(1) Does the guest refuse to pay the payment amount or is he in arrears with his payment, the accommodator is entitled to withhold the handed in belongings of the guest as a security for the debt ensuing from the accommodation, food and outlays on behalf of the guest.
(2) To guarantee the agreed payment the accommodator has the right of lien on the objects handed in to the accommodation by the guest.
(3) If service is requested in the guest’s room or at unusual times (after 8 p.m., before 07 a.m.) the accommodator is entitled to charge a special supplement for this service. The accommodation provider can also refuse this services for commercial reasons.
(4) The accommodator has the right to demand billing for his service any day during the stay. If the guest refuses to pay, the accommodation contract is automatically terminated immediately.
X. Obligations of the Accommodation Provider
(1) The accommodator has to provide the agreed services to an appropriate standard.
(2) Special services that are obligatorily chargeable and which are not included price are:
a) Special service of the accommodator which can be charged separately to the account such as the provision of pay-TV, sauna and swimming pool, sun bed, garage etc.
b) For additional and child beds a reduced price is charged.
(3) The marked prices have to be inclusive.
XI. Liability of the Accommodation Provider for Damages
(1) The accommodator is liable for the things handed in by the contract party. The liability of the accommodator is only given if the things are accepted by the accommodator or by the service personnel or are taken to a pre-determined place for this purpose. In case the accommodator has no evidence, he is held responsible for his own guilt as well as for the guilt of any of his staff or strangers entering and leaving the hotel. The accommodator is liable at most up to the fixed amount mentioned in the federal law for the liability of accommodators and other businessmen in the relevant version. The accommodator is released of any liability if the contract party or the guest does not follow the request of the accommodator immediately, to bring his things on a safe place. The extent of the payable liability of the accommodator is restricted to the maximal sum of the third party insurance of the accommodator. The guilt of the contract party or guest has to be taken into account.
(2) For valuables, money and securities the accommodator is only liable up to an amount of € 550,- according to the current rate. The accommodator is only liable for damage exceeding this amount in case that he is aware of the things’ value when he takes it over for safekeeping, or something is damaged by himself or any of his staff.
(3) The custody of valuables, money and securities can be refused by the accommodator if it has to do with objects which are of a much higher value than a guest normally deposits at the accommodation.
(4) In every case of the overtaken safekeeping the liability is out of question, if the party to a contract and/or the guest does not inform the accommodator about the caused damage immediately. On top of that, those claims are to be asserted through the courts from the party to a contract or the guest within 3 years of knowledge or possible knowledge. Otherwise the right is expired.
(5) If the party to a contract is a consumer, the liability of the accommodator for slight negligence is out of question, with exception of personal injury.
(6) The liability of the accommodator is out of question for slight negligence. If the party to a contract is a businessman, the liability for gross negligence is also out of question. In that case the contract party takes the burden of proof for the guilt. Consequential or indirect/immaterial damage as well as lost profit are not compensated in any case.
XII. Keeping of Pets
(1) Pets are only allowed in the hotel with prior authorisation on part of the accommodator and in return for a special extra payment.
(2) The person who brings along a pet is forced to look after it or to keep it in a safe place himself, or he hires and pays someone for doing so during his stay.
(3) The guest who brings along a pet has to have a third party insurance for animals or a private third party insurance, which also covers any damage caused by pets. He has to be able to proof that the the necessary insurance is existing if demanded by the accommodator.
(4) The contract party or his insurer are to be held responsible from the accommodator for the damage the brought along pet causes. The damage also includes the compensation of the accommodator, which he has to provide to a third party.
(5) Pets are prohibited in the saloons, lounges, restaurants, fitness and wellness areas.
XIII. Illness or Death of a Guest in the Accommodation
(1) In case the guest falls ill during his stay in the hotel the accommodator has the obligation to procure medical assistance if necessary, and the guest is not able to do it himself. The accommodator is entitled to the following cost compensation from the guest or in case of death from his legal successor:
a) payment of all medical expenses not settled by the guest
b) payment for the needed room disinfection or complete cleaning of all affected objects
c) compensation for any unusuable laundry, linen, bed fixtures and fittings
d) payment for the restoration of walls, furniture, carpets, etc, which have been damaged or conterminated due to the illness or death
e) compensation for the room rate which gets lost due to to the temporary unusability of the rooms in case of illness or death (minimum 3 days, maximum 7 days)
XIV. Place of Fulfilment and Court of Jurisdiction
Place of fulfilment is the location where the hotel is situated. All disputes arising from the acccommodation contract are to be agreed by the professional and responsible court which is local to the accommodation.
In the event of any regulatory gaps, the General Terms and Conditions for the Hotel Industry in the version of 15 November 2006 (AGBH 2006) shall apply.
Consumers can submit a complaint to the European Commission's online dispute resolution platform: http://ec.europa.eu/consumers/odr/. You can also lodge your complaint directly with us at the hotel Der Kaiserhof by sending an email to email@example.com.