General Terms and Conditions

Allgemeine Geschäftsbedingungen für Reiseveranstalter

General terms and conditions for the hotel accommodation contract

1 SCOPE

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

1.2 Subletting or subletting of the rooms provided and 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 if the customer is not a consumer.

1.3 General terms and conditions of the customer only apply if this has been expressly agreed beforehand.

2 CONCLUSION OF CONTRACT, PARTNERS, INFORMATION ON ONLINE BOOKING, STATUTE OF LIMITATIONS

2.1 The contractual partners are the hotel and the customer. If both parties are present when the contract is concluded and the booking is made by telephone, the contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in text form.

2.2 The hotel provides information about its services on its website free of charge and freely. The customer can check room availability online and make reservations online.

2.3 The selection of services presented on the hotel's website does not constitute a binding contractual offer by the hotel, but is an invitation to the customer to submit an offer. Filling out and sending the online booking form does not yet result in a hotel accommodation contract between the customer and the hotel. The customer submits a legally binding offer to conclude a hotel accommodation contract by clicking on the button after filling out the online booking form in the last booking step, which points to the binding acceptance of a payment obligation.

2.4 During the booking process until the form is sent, the customer can use the "Back" function of the browser to correct or delete his entries or cancel the online booking entirely.

2.5 The hotel accommodation contract is concluded when the customer is sent an electronic booking confirmation (e.g. by e-mail) immediately after the booking has been sent, but no later than within two working days.

2.6 The text of the contract is stored by the hotel for a limited period of time and can no longer be accessed via the Internet after booking for security reasons. The text of the contract will be deleted after the contract has been completed in full; mandatory duties and taxes remain unaffected. commercial regulations. The hotel asks the customer to ensure that the text of the contract is saved or printed out in their own interest.

2.7 All claims against the hotel expire one year after the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, OFFSET

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 prices of the hotel for rooms provided and for other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.

3.3 The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the customer himself according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.

3.4 The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel's service or the length of stay of the customer, as requested by the customer, dependent on the price for the rooms and/or for the other services of the hotel increasing.

3.5 Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand the immediate payment of due claims from the customer at any time. If the customer is in default of payment, the statutory regulations apply. The hotel reserves the right to prove higher damage.

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

3.7 In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit in the sense of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full to demand the agreed remuneration.

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

3.9 The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.

4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION)/ FAILURE TO USE HOTEL SERVICES (NO SHOW)

4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation should be made in text form.

4.2 If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use 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 out elsewhere, the hotel can make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and for package deals with third-party services, 70% for half-board and 60% for full-board packages. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

5 WITHDRAWAL OF 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 entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer, upon inquiry by the hotel, with reasonable setting a deadline does not waive his right to withdraw.

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

5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if

- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;

- rooms or spaces are booked culpably with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be essential.

- the hotel has justified reason to assume that the use of the service may endanger the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel's area of control or organization;

- the purpose or reason for the stay is illegal;

- there is a violation of the above-mentioned number 1.2.

5.4 The hotel's justified withdrawal does not justify any claims by the customer for damages.

6 ROOM AVAILABILITY, DELIVERY AND RETURN

6.1 The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) due to the delayed vacating of the room for its contractual use up to 6:00 p.m. and 90% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.

7 HOTEL LIABILITY

7.1 The hotel is liable for

damage for which he is responsible resulting from injury to life,

body or health. Furthermore, it is liable for other damages

based on an intentional or grossly negligent breach of duty by

Hotels respectively on a willful or negligent

violation of typical contractual obligations of the hotel. one

Breach of duty by the hotel is that of a legal representative

or vicarious agents. Further claims for damages

are, unless otherwise stipulated in this Section 7,

excluded. If disruptions or defects in the services of the

occur, the hotel will do so upon knowledge or without undue delay

complaint by the customer, endeavor to remedy the situation. The customer is

obliged to do what is reasonable for him to rectify the disruption

and to minimize possible damage.

7.2 For Contributors

The hotel is liable to the customer for items in accordance with the statutory provisions.

The hotel recommends using the hotel or room safe. If the

Customer money, securities and valuables with a value of more than

800 euros or other items with a value of more than 3,500 euros

wishes to bring in, this requires a separate

Storage agreement with the hotel.

7.3 Insofar as the customer

Parking space in the hotel garage or in the hotel car park, also against payment

A fee that is made available does not result from this

custody agreement. In the event of loss or damage

motor vehicles parked or maneuvered on the hotel premises and

the hotel is only liable for their content in accordance with the above clause

7.1, sentences 1 to 4.

7.4 Wake-up calls are made by the hotel with the greatest

executed with care. News, mail and consignments for the

Guests are treated with care. The hotel takes care of that

Delivery, storage and - on request - for a fee the

forwarding of the same. The hotel is only liable in accordance with the

above item 7.1, sentences 1 to 4.

8 CONSUMER DISPUTE RESOLUTION, CONTRACT LANGUAGE, FINAL PROVISIONS

8.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.

8.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction - also for disputes over checks and bills of exchange - is Bad Füssing in commercial transactions. If a contractual partner meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Bad Füssing.

8.3 German law applies. The application of the UN sales law and the conflict of laws is excluded. Sentence 1 applies to consumers only insofar as the choice of law does not undermine the protection of mandatory legal provisions of the state in which the consumer has his habitual residence.

8.4 Contract language is German.

8.5 The provider endeavors to settle any differences of opinion arising from consumer contractual relationships in an amicable manner. In the event of any complaints, the customer can therefore contact info@schweizer-hof.bayern. The statute of limitations for any claims is excluded for the duration of this procedure. If no agreement can be reached there, legal recourse is available - without prior attempt at conciliation with a state-recognized body.

8.6 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

General terms and conditions for the hotel accommodation contract

Version: November 2014

General terms and conditions for the hotel accommodation contract

1 SCOPE

1.3 General terms and conditions of the customer only apply if this has been expressly agreed beforehand.

2 CONCLUSION OF CONTRACT, PARTNERS, INFORMATION ON ONLINE BOOKING, STATUTE OF LIMITATIONS

2.2 The hotel provides information about its services on its website free of charge and freely. The customer can check room availability online and make reservations online.

2.4 During the booking process until the form is sent, the customer can use the "Back" function of the browser to correct or delete his entries or cancel the online booking entirely.

3 SERVICES, PRICES, PAYMENT, OFFSET

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

3.9 The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.

4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION)/ FAILURE TO USE HOTEL SERVICES (NO SHOW)

5 WITHDRAWAL OF THE HOTEL

5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if

- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;

- the purpose or reason for the stay is illegal;

- there is a violation of the above-mentioned number 1.2.

5.4 The hotel's justified withdrawal does not justify any claims by the customer for damages.

6 ROOM AVAILABILITY, DELIVERY AND RETURN

6.1 The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.

7 HOTEL LIABILITY

7.1 The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations on the part of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. 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 will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.

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

7.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only 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, post and consignments for the guests are treated with care. The hotel takes over the delivery, storage and - on request - the forwarding of the same for a fee. The hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.

8 CONSUMER DISPUTE RESOLUTION, CONTRACT LANGUAGE, FINAL PROVISIONS

8.4 Contract language is German.

9 FINAL PROVISIONS

9.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the tour operator are invalid.

9.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes over checks and bills of exchange - is in commercial transactions. Hotel Schweizer Hof Betriebs GmbH, Thermalbadstr. 11, 94072 Bad Fussing. If a contractual partner meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is: Hotel Schweizer Hof Betriebs GmbH, Thermalbadstr. 11, 94072 Bad Fussing.

9.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.

9.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

General terms and conditions for the hotel accommodation contract

Version: November 2014