General Terms and Conditions

Familotel Bavaria Familienhotel Pfronten GmbH

Managing Directors: Martin Steiner, Silke Steiner

HRB 19075 – Local Court (Amtsgericht) Kempten – VAT ID DE464349653

1  SCOPE

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as to all further services and deliveries provided by Familienhotel Pfronten GmbH, hereinafter referred to as Familotel Bavaria, to the guest in this context.

1.2 Subletting or sub-letting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior consent of Familotel Bavaria in text form. The right of termination under § 540 (1) sentence 2 of the German Civil Code (BGB) is waived.

1.3 The guest’s general terms and conditions shall apply only if this has been expressly agreed in text form.

2  CONTRACT CONCLUSION AND CONTRACTING PARTIES

The contracting parties are the hotel and the guest. The contract is concluded when Familotel Bavaria accepts the guest’s offer. For bookings made via the hotel’s own website, the contract is concluded by clicking the button “Book your offer now for € xxx.xx”.

3  SERVICES, PRICES, PAYMENT, SET-OFF

3.1 Hotel Bavaria is obliged to keep the rooms booked by the guest available and to provide the agreed services.

3.2 The guest is obliged to pay the agreed or applicable prices of Hotel Bavaria for the room rental and for any further services used. This also applies to services ordered by the guest directly or via the hotel that are provided by third parties and advanced by Hotel Bavaria.

3.3 The agreed prices include the taxes and local charges applicable at the time of contract conclusion. Local charges that the guest owes personally under municipal law, such as the tourist tax (Kurtaxe), are not included. If the statutory VAT rate changes, or local charges on the subject of the contract are newly introduced, changed or abolished after contract conclusion, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between contract conclusion and performance exceeds four months.

3.4 If payment on invoice has been agreed, payment shall be made within ten days of receipt of the invoice, without deduction, unless otherwise agreed.

3.5 The hotel may request an appropriate advance payment or security deposit from the guest at the time of contract conclusion, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the event of payment default by the guest, the statutory provisions apply.

3.6 For justified reasons, such as payment arrears on the part of the guest or an extension of the scope of the contract, the hotel may also request, after contract conclusion and up to the start of the stay, an advance payment or security deposit within the meaning of clause 3.5 above, or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.7 The hotel may further request from the guest, at the start and during the stay, an appropriate advance payment or security deposit within the meaning of clause 3.5 above for existing and future claims arising from the contract, insofar as this has not already been provided under clause 3.5 and/or 3.6.

3.8 The guest may only set off or offset a claim against a claim of the hotel if the claim is undisputed or has been finally adjudicated.

3.9 The guest agrees that the invoice may be sent to them electronically.

4  CANCELLATION BY THE GUEST (“STORNIERUNG”) AND NON-ARRIVAL (“NO SHOW”)

4.1 The guest may withdraw unilaterally from the contract with Hotel Bavaria only if a right of withdrawal has been expressly agreed in the contract or a statutory right of withdrawal or termination exists. Withdrawal by the guest must be made in writing. The following cancellation fees apply:

• up to 61 days before arrival: free cancellation
• from 60 days before arrival: 30% of the booking total due
• from 30 days before arrival: 50% of the booking total due
• from 6 days before arrival: 100% of the booking total due

4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the guest, the guest may withdraw from the contract up to that date without triggering payment or damages claims by the hotel. The guest’s right of withdrawal expires if it is not exercised in text form vis-à-vis Hotel Bavaria by the agreed date.

5  WITHDRAWAL BY THE HOTEL

5.1 If it has been agreed that the guest may withdraw free of charge within a certain period, Hotel Bavaria is entitled during that period to withdraw from the contract in turn if other guests have requested the booked rooms and the guest, upon the hotel’s enquiry with an appropriate deadline, does not waive their right of withdrawal. This applies accordingly where an option has been granted: if other requests exist and the guest, upon the hotel’s enquiry with an appropriate deadline, is not ready to make a firm booking.

5.2 If an advance payment or security deposit agreed or requested under clause 3.5 and/or 3.6 is not made even after an appropriate grace period set by Hotel Bavaria has expired, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, Hotel Bavaria is entitled to withdraw from the contract for an objectively justified reason, in particular where: force majeure or other circumstances not attributable to Hotel Bavaria make performance of the contract impossible; rooms or premises are booked culpably through misleading or false information or the concealment of material facts (material facts may include the guest’s identity, ability to pay or purpose of stay); Hotel Bavaria has well-founded reason to assume that use of the service may jeopardize the smooth business operation, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization; the purpose or occasion of the stay is unlawful; or there is a breach of clause 1.2 above.

5.4 A justified withdrawal by Hotel Bavaria does not give rise to any claim to damages by the guest.

6  ROOM PROVISION, HANDOVER AND RETURN

6.1 The guest has no claim to specific rooms unless this has been expressly agreed in text form.

6.2 Booked rooms are available to the guest from 4:00 p.m. on the agreed arrival date. The guest has no claim to earlier provision.

6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest. Thereafter, due to late vacating of the room, the hotel may charge for use beyond the contract period 50% of the full room rate (according to the price list) until 6:00 p.m., and 90% from 6:00 p.m. onwards. This does not establish any contractual claims for the guest. The guest is free to prove that Hotel Bavaria has no claim, or a substantially lower claim, to a usage fee.

7  LIABILITY OF THE HOTEL

7.1 Hotel Bavaria is liable for damages it is responsible for arising from injury to life, body or health. It is further liable for other damages based on an intentional or grossly negligent breach of duty by Hotel Bavaria, or on an intentional or negligent breach of essential contractual duties by Hotel Bavaria. Essential contractual duties are those duties that make the proper performance of the contract possible in the first place and on whose fulfilment the guest relies and may rely. A breach of duty by a legal representative or vicarious agent of the hotel is treated as a breach by the hotel. Further claims for damages are excluded, insofar as they are not otherwise regulated in this clause 7. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy them upon becoming aware of them or upon the guest’s prompt complaint. The guest is obliged to contribute what can reasonably be expected to resolve the disruption and to keep any possible damage to a minimum.

7.2 For items brought into the hotel, Hotel Bavaria is liable to the guest in accordance with the statutory provisions. The hotel recommends the use of the hotel safe or in-room safe. If the guest wishes to bring in money, securities and valuables with a value exceeding EUR 800, or other items with a value exceeding EUR 3,500, a separate custody agreement with Hotel Bavaria is required.

7.3 If the guest is provided with a parking space in the hotel garage or car park, including for a fee, this does not constitute a custody agreement. Hotel Bavaria is not liable for the loss or damage of motor vehicles parked or manoeuvred on the hotel grounds, or of their contents.

8  FINAL PROVISIONS

8.1 Amendments and supplements to the contract, to the acceptance of the offer or to these General Terms and Conditions should be made in text form. Unilateral amendments or supplements are invalid.

8.2 If the guest is a merchant or a legal entity under public law, the exclusive place of jurisdiction is 87459 Pfronten. The hotel may alternatively sue the guest at the guest’s registered office. The same applies to guests who do not fall under the first sentence if they have neither their registered office nor their domicile in an EU member state.

8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.4 The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.