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01 May 2024   10:30 Uhr
Brunch im Restaurant und Biergarten
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Brunch im Restaurant und Biergarten
Schloss zu Hopferau
Schloßstraße 9-11
D-87659 Hopferau

Tel.: +49 (0) 83 64 - 98 48 9 - 0
Fax: +49 (0) 83 64 - 98 48 9 - 44

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(Status as of: May 2012)

I. Scope of application

1. These standard terms and conditions apply to contracts relating to the renting of hotel rooms for accommodation and for all other services performed by the hotel for the customer.
2. Resident use and subletting of the rented rooms and their use for any purposes other than accommodation require the prior written consent of the hotel.
3. Standard terms and conditions of the customer apply only where this has been previously explicitly agreed in writing.

II. Contract taking effect, contracting parties, contract liability, lapse of claims
1. The contract takes effect upon acceptance by the hotel of the customer’s booking. The hotel can, at its own discretion, confirm the room booking in writing.
2. The contracting parties are the hotel and the customer. In the event that a third party makes a booking for the customer, the third party is jointly and severally liable with the customer to the hotel for all obligations arising from the hotel accommodation contract, to the extent that a corresponding declaration has been made to the hotel by the third party.
3. All claims against the hotel lapse one year from the legal commencement of the period of limitation. Irrespective of the claimant’s awareness of limitations, claims for damages lapse after five years, except insofar as such claims relate to actions resulting in death or physical injury or impairments of health or restrictions of freedom, which lapse after ten years. The shorter period of limitation does not apply in the case of intentional or negligent breach of the hotel’s obligations.

III. Services, prices, payments, settlement
1. The hotel is obliged to reserve the room booked by the customer and to perform the agreed services.
2. The customer is obliged to pay the hotel’s applicable or agreed prices for the room and any other services used by the customer. This also applies to services and payments by the hotel to third parties incurred on behalf of the customer. The agreed prices include the current rate of value added tax.
3.The hotel is entitled to make its agreement to a subsequent reduction of the number of booked rooms, services of the hotel or length of stay booked by the customer dependent on an increase in price of the room and/or other services of the hotel.
4. Hotel invoices without a due date are payable net within ten days from receipt of the invoice. The hotel is entitled to demand immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to demand applicable late payment interest, currently at 8% (or 5% for consumers) above the base rate. The hotel reserves the right to claim higher payments, where evidence of greater loss is provided.
5. The hotel is entitled to demand an appropriate advance payment or security in the form of a credit card guarantee, deposit or similar from the customer on signing of the contract. The level of the advance payment and the payment dates can be agreed in the contract in writing.
6. In justified cases, e.g. late payment by the customer or additions to the contractual services, the hotel is entitled – even from the time of the contract taking effect up to the commencement of the period of accommodation – to demand an advance payment or security in terms of no. 5 or an increase in the advance payment or security agreed in the contract up to the full amount of the agreed payment.
7. The customer is not entitled to offset claims against the hotel against payments due to the hotel unless the customer has an undisputed or legally binding claim against the hotel.

IV. Withdrawal by the customer (withdrawal of the order, cancellation)/non-use of the services.
1. A withdrawal by the customer from the contract entered into with the hotel must be made in writing. If the customer fails to make a written cancellation, the price agreed in the contract remains payable, even if the customer does not take advantage of the contractual services. The time of receipt by the hotel of the declaration of withdrawal is the qualifying time for applicability of the withdrawal.
2. In the event of a time limit for a no-cost withdrawal from the contract being agreed in writing between the hotel and customer, the customer is entitled, up to that date, to withdraw from the contract without being liable to any claims by the hotel for payment or damages. The right of withdrawal by the customer lapses if the customer does not exercise the right in writing to the hotel by the agreed date.
3.The hotel can, at its discretion, compound any resulting losses incurred by the hotel payable by the customer. If the rooms are not let out to other parties, the hotel is entitled to demand the contractually agreed payment less any savings made by the hotel. The customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. Where applicable, the customer is entitled to challenge these rates by providing evidence that the above claim has not arisen or has not arisen to the required level.

V. Withdrawal by the hotel
1. To the extent that a withdrawal by the customer within a certain time period has been agreed in writing, the hotel is entitled to withdraw from the contract in this period if enquiries from other customers have been made for the contractually booked rooms and the customer fails to relinquish his right to withdraw on the request of the hotel.
2. If an agreed advance payment or security payment is not made, even after expiry of a reasonable extension by the hotel with warning of withdrawal, the hotel is also entitled to withdraw from the contract.
3. The hotel is also entitled to withdraw from the contract on substantially justified grounds, for example in the event that force majeure or other circumstances that are not the responsibility of the hotel render fulfilment of the contract impossible rooms have been booked under misleading or false information, e.g. relating to the person of the customer or the purpose of the accommodation the hotel has reasonable grounds for believing that use of the hotel services by the customer could put at risk the smooth running, safety or public reputation of the hotel, without this being attributable to the management or organisation of the hotel the purpose of or reason for the accommodation is illegal
4. In the event of the justified withdrawal by the hotel from the contract, the customer has no entitlement to damages.

VI. Room provision, letting and return
1. The customer acquires no claim to the provision of specific rooms, except where this has been explicitly agreed in writing.
2. Booked rooms are available to the customer from 2 p.m. on the agreed date of arrival. The customer has no claim to earlier room availability.
3. The rooms of the hotel must be vacated by no later than 10 a.m. on the agreed date of departure. In the event that the room is not vacated by the customer until after this time, the hotel is entitled to charge an added 50% of the full accommodation price (list price) for use of the room beyond the contracted period, or 100% after 6 p.m. This does not provide the basis for any contractual claims on the part of the customer. The customer is entitled to provide evidence to the hotel that no claim for payment or a significantly lower claim for payment has arisen to the hotel.

VII. Liability of the hotel
1. The hotel is liable for its obligations arising from the contract. Claims by the customer for damages are excluded. This exemption does not apply to damage or loss arising from actions resulting in death or physical injury or impairments of health arising from a breach of the hotel’s obligations, or any other loss or damage resulting from intentional or negligent breach of the contract-typical obligations by the hotel, its legal representatives or vicarious assistants. In the event of any disruption or deficiencies in the services performed by the hotel, the hotel will make effort to remedy such disruption or deficiencies, once the hotel is cognisant of or has been made aware of the same by the customer. The customer is obliged to make every reasonable contribution to eliminating the disruption and keeping any possible damage to a minimum.
2. The hotel is liable to the customer for items brought into the hotel in accordance with legal provisions. Such liability is limited to one hundred times the room price, to a maximum of EUR 3,500.00, with a maximum of EUR 800.00 for valuables and cash. Cash and valuables to a maximum value of EUR 800.00 can be kept in the hotel safe. The hotel advises customers to make use of this possibility.
3. To the extent that vehicle parking space is made available to the customer in the hotel car park – even for a fee – this does not constitute a safeguarding contract. The hotel is not liable for loss or damage of vehicles and /or the contents of vehicles parked on hotel property, except in the event of intent or negligence. The exclusion of customers’ claims for damages is based on the provisions in no. 1, sentences 2 to 4, accordingly.
5. The hotel takes the greatest care in making wake-up calls. Messages and deliveries of mail and goods for guests are treated with care. The hotel handles delivery, storage and, on request at a charge, forwarding of the same. Claims for damages, except for negligence or intent, are excluded in accordance with paragraph 1, sentences 2 to 4.

VIII. Concluding provisions

1. Amendments of or supplements to this contract, booking acceptance or these standard terms and conditions must be made in writing. Unilateral amendments or supplements by the customer are invalid.
2. The place of fulfilment and payment is the headquarters of the hotel.
3. The exclusive place of jurisdiction for commercial transactions, including for disputes about cheques and bills of exchange, is Kempten, Germany. To the extent that a contracting party meets the requirements of Section 38 subsection 1 ZPO [German Civil Proceedings Regulations] and does not have a general place of jurisdiction in Germany, the place of jurisdiction is deemed to be the headquarters of the hotel.
4. This contract is subject to German law.
5. In the event of individual provisions of these standard terms and condition for hotel accommodation being or becoming invalid or void, this does not affect the validity of the remaining provisions. The standard legal provisions also apply.