General terms and conditions
I. Scope of applicability
1. These Terms and Conditions govern contracts for the rental use of hotel, conference, banquet, and meeting rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer.
2. Sub-letting and re-letting of rooms let, and other hotel areas, the invitation to sales, political or similar events as well as newspaper advertisements containing information about sales or similar events shall require the Hotel’s prior written consent.
3. The customer’s general terms and conditions shall apply only if these are previously expressly agreed in writing.
II. Conclusion and content of contract
1. Offers made by the hotel are subject to change. The contract shall come into force upon the hotel’s acceptance of the customer’s application. At its discretion, the hotel may confirm the room reservation in writing.
2. If the content of the confirmation differs from the content of the request for reservation, the differences contained in the confirmation shall become together with the other content legally binding for the customer and the hotel unless, within 10 days after the confirmation has been sent, the customer exercises his right of cancellation provided within the confirmation.
3. Sub-letting and re-letting of rooms let, meeting rooms, other areas or showcases as well as the use of rented premises and areas for job interviews, sales and similar events, in principle is not allowed and shall require the Hotel’s prior written consent.
4. The Guest is not entitled to the provision of specific rooms. If nothing else has been agreed upon, booked rooms shall be available to the Guest from 3.00 p.m. on the agreed date of arrival. The Guest shall not be entitled to earlier provision. On the agreed date of departure, the rooms shall be vacated and placed at the Hotel’s free disposal by 11.00 p.m. at the latest. For rooms not vacated by then, the Hotel may charge, beyond the damage incurred to it thereby, until 6.00 p.m. 50% of the daily room rate for the additional use of the room and from 6.00 p.m. 100 % of the full applicable price for board and lodging. Contractual claims of the customer shall not be established hereby.
The Guest is free to prove to the Hotel that no damage or a considerably lower damage was incurred to the Hotel.
5. The use of the hotel facilities is possible only within the respective opening hours. The hotel reserves all rights to change these opening hours or to close all facilities partially or completely particularly because of renovation work or hotel events or other circumstances, which prevent in part or completely proper usage.
III. Prices, payment, services
1. The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer.
2. The agreed prices include applicable value-added tax as required by law, unless a differing written agreement was made. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed price to a reasonable extent, however at the most by 10%. For each reminder sent after default occurs, the Hotel may charge a reminder fee of € 5.00.
3. The billing is carried out in Euro. For payment with foreign currencies, the obligor pays differences in exchange rate and bank charges. Down payments in foreign currency will be taken into account to the total invoice at validation.
4. Upon receipt, invoices issued by the Hotel shall become due for payment immediately, without deduction. In the case of default of payment, the Hotel is entitled to charge consumers interest equal to 10% per annum. The customer must provide proof of a lower, the Hotel proof of a higher claim.
5. At any time, the Hotel is entitled to request from the Contractual Partner, on conclusion of the Contract or later, a reasonable advance payment. Unless the amount of the advance payment and the payment deadlines are agreed differently in writing in the contract, the following advance payments are agreed:
a) Accommodation (lodging & breakfast) for groups staying 20 nights and more
– 10% deposit as a guarantee when the contract is concluded
– 50% deposit 90 calendar days upon arrival of the group
– 30% deposit 30 calendar days upon arrival of the group
– the rest has to be paid upon receiving the final bill.
b) Events (room rent, coverage costs, food turnover, generalized beverage & food turnover and conference flat rate) for contracts with a quantity of orders of at least € 5.000
– 10% deposit as a guarantee when the contract is concluded
– 50% deposit 90 calendar days upon arrival of the group
– 30% deposit 30 calendar days upon arrival of the group
– the rest has to be paid upon receiving the final bill
6. Lien law is created, regarding all claims, to all objects of any kind put down by the constituent, in connection with the preceding order.
7. Claims to invoicing have to be communicated immediately to the hotel.
8. The form of billing (recipient) has to be communicated to the hotel with the order or at the latest with the end of the services of the hotel.
9. Customers may only bring animals to the hotel with prior consent of the hotel and against payment of a surcharge. Animals are not allowed in common rooms such as the restaurant, bar, fitness area etc.
IV. Repudiation by hotel
1. If payment of an agreed advance amount is not made even after a statutory deadline set by the hotel has elapsed, the hotel is entitled to withdraw from the contract.
2. Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract
– Rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose
– The hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization
3. The Hotel must notify Clients immediately when exercising its right to withdraw from the Contract.
4. The customer can derive no right to compensation from justified cancellation by the hotel.
V. Cancellation by customer
1. All cancellations must be made in writing.
2. Accommodation (lodging): in case of a cancellation by a customer the following applies:
a) The Hotel allows customers who made a booking for up to 10 rooms (individual guest) to cancel the booking without cancellation fee until 14 days before arrival day. The Hotel charges 50% of the lodging price if a cancellation is made between 14 and 7 days upon arrival, and 80% of the lodging price for cancellations made less than 7 days before arrival. The Hotel allows customers who made a booking with a fixed offer to cancel the booking without cancellation fee until 14 days before arrival day. The Hotel charges 40% of the lodging price if a cancellation is made between 14 and 7 days upon arrival, and 60% of the lodging price for cancelations made less than 7 days before arrival.
b) For group bookings of 20 nights or 10 rooms the following cancellation policy applies:
– 40 calendar days before arrival no cancellation fees accrue.
– 40-30 calendar days before arrival the Hotel charges 30% of the booked rooms & 50% of the booked rates
– 30-15 calendar days before arrival the Hotel charges 20% of the booked rooms & 80% of the booked rates
– 15-10 calendar days before arrival the Hotel charges 10% of the booked rooms & 90% of the booked rates
– 10 calendar days before arrival rooms cannot be cancelled free of charge and the Hotel charges 90% of the booked rates
c) For event bookings without room bookings the following cancelation rates apply:
– Up to 30 calendar days before the event = no room rent is charged
– Up to 15 calendar days before the event = the room rent is charged
– Up to 10 calendar days before the event = the room rent is charged; additionally 60% of the lost food turnover is charged. If the food turnover has not been determined yet: minimum menu price banquet x persons
Agreed special services, which have become useless due to the cancellation, are to be refunded at any rate.
e) Cancellation policy when booking the hotel exclusively (100 rooms and more)
- 90 calendar days and less before arrival a cancellation fee applies. The hotel charges 90% of the booked rate.
3. If a conference flat rate per participant was agreed upon, the Hotel is entitled to invoice the following amounts (conference flat rate x participants):
– Up to 60 calendar days before the event = 10% of the contractual volume
– Between the 60th and the 30th calendar day before the event = 60% of the contractual volume
– For any cancellations made later than 30 calendar days before the event, the Hotel charges 85% of the contractual volume.
If the conference booking is made for smaller groups (< 25 persons), no cancellation fees apply up to 40 calendar days before the event.
4. A change of the contractual extent through later arrival or early departure shall also be deemed to be a cancellation for the purposes of the above provisions.
5. The customer must provide proof of a lower, the Hotel proof of a higher damage.
VI. Change of the number of participants and duration of the event
1. The customer is obliged to confirm the final and guaranteed number of participants for banquets, conferences or other events at least 48 hours before arrival. Without according approval of the Hotel, the Hotel charges, even if fewer participants take part, the customer the number of participants that were agreed upon in the contract taking into account any resulting cost savings. The Hotel, acknowledges a reduction of the number of participants by 5% at the most before the start of the event. If the number of participants deviates more than 5%, the Hotel takes the original number of participants as a basis and deducts the 5%.
2. In the case of more participants taking part in the event (contrary to the contract), the Hotel charges the customer the actual number of participants.
3. The Hotel is entitled to only approve the deviation of the number of participants by more than 10%, if agreed prices are redefined and confirmed rooms are switched.
4. If the agreed start and end times of an event are shifted without any prior written consent on the part of the hotel, the hotel first hast to check its capacities and further is entitled to charge additional costs for its readiness to render services.
5. The hotel can allocate other rooms than originally booked, if this is reasonable for the customer. This is in particular true when general maintenance work has to be done or if the rooms are needed otherwise. In that case the newly allocated rooms need to be comparable to the originally booked rooms in terms of capacity and equipment, at least the new rooms need to be equally appropriate for the planned event.
The hotel immediately informs the customer in case of any changes with respect to the conference rooms.
6. At least 1 week upon arrival, customers have to place at the hotel’s disposal participants’ lists of travel, group, seminar, and conference events.
VII. Technical equipment and connections
1. If, at the Customer’s request, the Hotel provides technical and other equipment as well as services from third parties, it shall act on behalf, on the authority and on account of the Customer. The customer is liable for the careful handling and proper returning of the facilities and releases the hotel from any and all claims made by third parties.
2. Provided that the Hotel gives its approval, the Customer is entitled to use his or her own telephone, fax and data transmission equipment. The Hotel is entitled to charge fees.
3. If the Hotel’s equipment remains unused on account of the Customer’s use of his or her own equipment, the Hotel may charge a deficiency compensation fee.
VIII. Brought decoration material and other objects
1. The setting-up and fixing of objects onto walls is prohibited due to the risk of possible damage.
2. After the end of the event, the installations and other objects that were brought in must be removed immediately. If the customer does not meet this obligation, the Hotel is permitted to remove and store any objects at the expense of the customer. If the items are left in the event room, the Hotel may charge room rent as long as the items are left there. The customer must provide proof of a lower, the Hotel proof of a higher damage. As regards to any left materials and/or items left behind, the Hotel is permitted to carry out the necessary disposal at the expense of the customer. The above regulations shall also apply for those objects, which have been rented from external companies and have been brought into to rooms oft the Hotel.
3. In principle it is not permitted to take food, beverages, flowers and furnishings to the events. Exceptions require written agreement with the banquet department. In these cases, the Hotel charges a corkage fee and/or any other compensation plus a certain amount for the service to cover the Hotel’s overheads.
4. Emergency escape routes and emergency exits have to be kept clear of objects of all sorts.
5. The organiser is equally liable for losses or damage caused by its employees, other assistants, as well as event participants as for losses or damage caused by him or her. It is incumbent upon the organiser to make the necessary insurance arrangements.
6. The Hotel explicitly prohibits the organiser the use of pyrotechnics (also sparklers or other fireworks). The Hotel can grant a special case authorization provided that the organiser can prove to have an appropriate insurance policy (inventory insurance at the original value).
7. The organiser has to obtain any regulatory permission necessary for the realisation of the event. It is incumbent on the customer to comply with these permission as well as any other regulations under public law in relation to the event. If the event affects the rights of a third party (copyright laws, etc.), the organiser is obliged to obtain appropriate permission before the realisation of the event at his or her own expense. Further, the organiser is obliged to directly pay any fees that may accrue (GEMA fees, etc.). The organiser exempts the Hotel against any entitled parties, in the case that any claims for damages are exercised.
IX. Liability of the hotel
1. Claims of the customer for reimbursement of damages, regardless which cause in law, are precluded except if the Hotel can be accused of causing damage intentionally, or if the Hotel is responsible for its own gross negligence or of the gross negligence of a legal representative, executive staff or vicarious agent or if damage is caused from an intentional or negligent breach of obligations of the Hotel, which are typical for the contract. This kind of liability in any case of ordinary negligence is limited to damages typical for the contract and predictable. Liability to damages that result from death, injuries to body or health remain unaffected.
2. If the customer is an accommodation guest, the Hotel is liable to the Guest for items brought in according to clause 701 ff. BGB. According to this, the Hotel is liable for 100 times the room rate, however, up to a maximum of EUR 3,500.00. For valuables (cash, jewellery etc.), liability shall be limited to EUR 800.00. Claims for damages of the client are excluded unless they result of intent and gross negligence.
3. If the Guest is provided with a parking space in the garage or the car park of the Hotel, even against payment, this shall not constitute the conclusion of a contract of bailment. The Hotel shall not have any surveillance obligations for the vehicles. If vehicles or the contents of vehicles parked or otherwise situated on the Hotel premises are lost or damaged, the Hotel shall be not liable unless the Hotel, its legal representatives or its agents have caused such damage by intent or gross negligence. In this case, the damage must be asserted to the Hotel on departure from the Hotel at the latest.
4. Wake-up services, care messages, mail and consignment of goods for the Guests shall be performed by the Hotel with the utmost care. The Hotel shall ensure delivery, storage and, upon request and against payment, forwarding of the same.
5. Money and objects of value being deposited in the hotel safe are insured up o a maximum amount of € 8,000.00. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction, or damages.
6. Found items or forgotten objects are only forwarded upon request and against cost reimbursement. The Hotel keeps these items for the duration of 6 months. After this period of time, the objects will be handed over to the local lost property office, provided that they are of apparent value.
X. Liability of the customer
1. The Customer shall be liable, according to the legal provisions, for any damage to buildings, fixtures and/or furnishings caused by him- or herself, family members or guests, participants of an event or visitors, employees or other third parties. It is incumbent to the customer to sufficiently insure him- or herself against liability claims of this sort. The Hotel is entitled to get a verification of the relevant insurance.
XI. Information about extrajudicial online dispute regulation
Follow this link to the website of the European Commission’s entity for online dispute resolution for consumer disputes: http://ec.europa.eu/consumers/odr/
Panoramahotel Oberjoch GmbH is neither willing nor obliged to take part in a dispute resolution procedure at a dispute resolution body for consumers. There is no obligation to take part in such a procedure on the basis of any mandatory legislation.
In case there is a conflict you would like to settle, please get in touch with us directly under the following e-mail address: firstname.lastname@example.org
XII. Final provisions
1. Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
2. Place of performance and payment is the location of the hotel’s registered office.
3. In the event of dispute, including disputes for checks and bills of exchange, the courts at the location of the hotel’s registered office shall have exclusive jurisdiction for commercial transactions.
If the Contractual Partner of the Hotel does not have a general place of jurisdiction within the territory of the Federal Republic of Germany, the place of jurisdiction shall be the registered office of the Hotel. However, the Hotel is also entitled to institute complaints and other legal proceedings at the Guest’s general place of jurisdiction.
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.
Version: March 2017