I Scope of application
- These business terms and conditions shall apply to contracts for the rental of hotel rooms for the purpose of accommodation, rooms for conferences, banquets and events as well as all other services and deliveries provided by the Hotel to the Customer.
- Subletting of the rooms mentioned in 1. above shall require the prior written consent of the Hotel, whereby §540. subsection1 (2) BGB (German Civil Code) shall be waived insofar as the Customer is not a consumer as defined in § 13 BGB.
- The Customer’s business terms and conditions shall only apply if this has been expressly agreed in writing in advance.
- The additional terms and conditions agreed upon conclusion of the contract shall apply in each case.
II Conclusion of contract, contracting party, liability, statute of limitations
- Contracting parties are the Hotel and the Customer. The contract shall come into effect upon acceptance of the Customer’s application by the Hotel. The Hotel is free to confirm the room reservation in text form.
- The contracting parties are the Hotel and the Customer. If a third party has placed an order on behalf of the Customer, the latter shall be jointly and severally liable with the Customer for all obligations under the hotel contract.
- The Hotel shall be liable for its obligations under the contract with the due care of a prudent businessman. The customer’s claims for damages are excluded.
- All claims against the Hotel shall be subject to a limitation period of one year from the beginning of the regular limitation period of §199 para. 1 German Civil Code (BGB), which is subject to knowledge of the case. Claims for damages shall become statute-barred after five years irrespective of knowledge.
III Services, prices, payment, compensation
1.The Hotel is obliged to keep the rooms booked by the Customer ready and to provide the agreed services.
- The Customer shall be obliged to pay the agreed or applicable Hotel prices for the provision of the room and the other services used by the Customer. This shall also apply to services ordered by the Customer directly or through the Hotel, which are provided by third parties and are paid for by the Hotel.
- The agreed prices shall include the taxes and local fees applicable at the time of conclusion of the contract. Not included are local charges that are owed by the Customer himself in accordance with the applicable local law, such as visitor’s tax. In the event of a change in the statutory value added tax (VAT) or the imposition, amendment or abolition of local fees on the contractual services or goods after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of the contract and fulfilment of the contract exceeds four months.
- The Hotel may make its consent to a subsequent reduction in the number of rooms booked, the Hotel’s services or the Customer’s length of stay requested by the Customer dependent on a reasonable increase in the price of the rooms and/or other services provided by the Hotel.
- The invoices issued by the Hotel are due for payment without deduction immediately upon receipt. If payment upon receipt of invoice has been agreed, payment shall be made – unless otherwise agreed – within ten days of receipt of the invoice without any deduction.
- The Hotel is entitled to demand a reasonable advance payment or security deposit from the Customer upon conclusion of the contract, for example, in the form of a credit card guarantee. The amount of the advance payment and the dates of payment may be agreed in the contract in text form. In the case of advance payments or provision of security for package bookings, the statutory provisions shall remain unaffected. If the customer is in default of payment, the statutory provisions shall apply.
7) In justified cases, for example, if the Customer is in arrears with payments or if the scope of the contract is extended, the Hotel shall be entitled, even after conclusion of the contract and up to the commencement of the stay, to demand an advance payment or provision of security within the meaning of III.6 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed payment.
- The Hotel shall further be entitled, at the beginning of and during the stay, to demand from the Customer a reasonable advance payment or security deposit within the meaning of Clause III.6 above for existing and future claims under the Contract, unless such has already been made in accordance with Clause III.6 and/or Clause III.7 above.
- The Customer can only charge or offset an undisputed or legally binding claim against a claim by the hotel.
- The Customer agrees that the invoice may be sent to him/her by electronic means.
IV Withdrawal by the Customer (cancellation, annulment), non-use of the hotel’s services
- The customer may only withdraw from the Contract concluded with the Hotel if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists or if the Hotel expressly consents to the cancellation of the contract.
- If the Hotel and the Customer have agreed on a date for rescission of the contract free of charge, the Customer may rescind the contract before that date without incurring payment or damage compensation claims by the Hotel.
- If a right of rescission has not been agreed or has already expired, there is also no statutory right of rescission or termination and if the Hotel does not agree to rescind the contract, the Hotel shall retain the claim to the agreed payment despite not having used the service. The Hotel shall receive the revenues from renting the rooms to others and the expenses saved. If the rooms are not otherwise rented, the Hotel may make a lump-sum deduction for saved expenses. In this case, the Customer shall be obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The Customer shall be free to prove that the aforementioned claim has not arisen or not arisen to the extent claimed.
V Cancellation or withdrawal by the hotel
- If it has been agreed that the Customer may withdraw from the contract free of charge within a certain period of time. The Hotel shall be entitled to withdraw from the contract for its part within this period of time if there are enquiries from other customers regarding the contractually booked rooms and the Customer does not waive his right to withdraw at the Hotel’s request with a reasonable period of notice. This shall apply mutatis mutandis if an option is granted, if other enquiries exist and the Customer is not prepared to make a firm booking upon inquiry by the Hotel with a reasonable period of notice.
- If an advance payment or security deposit agreed upon or requested in accordance with Clause III.6 and/or Clause III.7 is not made even after a reasonable grace period set by the Hotel has expired, the Hotel shall also be entitled to rescind the contract.
- Furthermore, the Hotel shall be entitled to rescind the contract for factually justified reasons, in particular if
- force majeure or other circumstances for which the Hotel is not responsible make it impossible to fulfil the contract;
- rooms or premises are culpably booked under misleading or false information or withholding main facts such as the identity of the customer, solvency, or the purpose of the stay.
- the Hotel has reasonable cause to believe that the use of the service may jeopardise the smooth running of the business, security or the reputation of the Hotel, when matters do not fall under the authority or organizational sphere of the Hotel.
- the purpose or occasion of the stay is unlawful.
- there is a violation of the above-mentioned clause I.2
- the justified rescission by the Hotel shall not give rise to any claim by the Customer for damages.
VI Provision, handover and return of room
1.The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed in writing.
- Booked rooms are available to the customer from 14:00 hours on the agreed day of arrival. The customer has no claim to earlier availability.
- On the agreed day of departure, the rooms shall be vacated and made available to the Hotel no later than 11:00 a.m. After this time, the Hotel may charge 50% of the full accommodation price (as per price list) due to the late vacating of the room, for the occupancy of the room exceeding the contractual time until 18hrs, and 90% from 18hrs on. Contractual claims of the Customer shall not be justified by this. The Customer shall be free to prove that the Hotel has no or a significantly lower claim to a usage fee.
- It is possible for the Customer to purchase vouchers on the Hotel’s web shop (https://www.hotel-zeller.de/shop/).
- The Customer makes a binding contractual offer by successfully completing the ordering procedure provided in the web shop. The prices quoted include the statutory value added tax (VAT) and other price components.
- The Hotel shall immediately confirm receipt of the order by means of an automatically generated e-mail (“Order Confirmation”). With this confirmation, the Hotel accepts the Customer’s offer.
- The Customer may pay for the voucher directly by credit card or online bank transfer and have the voucher sent to him/her by e-mail free of charge.
- The Hotel reserves the right to redeem the voucher until the purchase price has been paid in full. Vouchers do not grant any entitlement to the availability of special services at a specific time. A reservation is required.
- The voucher cannot be redeemed in cash. Should consumption be less than the value of the voucher, the customer will receive another credit note.
- The voucher remains valid for 3 years from the date of purchase and is provided with a unique serial number, which is required to redeem the voucher. The voucher can only be redeemed once.
- The voucher is transferable. The hotel can render services to the respective owner with discharging effect. This does not apply if the hotel has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of authorization of the respective owner.
- Cancellation policy
Right of revocation:
You have the right to revoke the contract for the purchase of the voucher within fourteen days without having to provide reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the voucher.
In order to exercise your right of revocation, you must inform us (Zeller Hotel & Restaurant -Proprieitor Alexandra Schleunung, Aschaffenburger Strasse 2, D-63796 Kahl, E-Mail: email@example.com, Telefax: +49 (0) 6188 918100, Phone: +49 (0) 6188 9180) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to revoke the contract for the purchase of the voucher. You may use the attached revocation form for this purpose, but this is not mandatory. To comply with the revocation period, it is sufficient to send the notification of the exercise of right of revocation before the end of the revocation period.
Consequences of revocation:
If you revoke this contract for the purchase of the voucher, we shall immediately reimburse all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery from the reasonable standard delivery offered by us), and at the latest within fourteen days from date of the receipt of notification of your revocation. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged for this refund.
We may refuse a refund until we have received the voucher back or until you have provided proof that you have returned the voucher, whichever is earlier. You must return or hand over the voucher to us immediately and in any event no later than fourteen days from your notification of the cancellation to us. This period is deemed to have been observed if you send the voucher before the expiry of the fourteen-day period. You shall bear the direct costs of returning the voucher. You will only have to pay for any loss of value of the voucher if this loss of value is due to handling which is not necessary for the purpose of checking the condition, properties and functionality of the voucher.
(If you wish to revoke the contract, please fill in this form and send it to the hotel).
Zellar Hotel & Restaurant
Owner Alexandra Schleunung
Aschaffenburger Strasse 2
Fax: +49 (0) 6188 918100
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following voucher number:
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of written communication)
(*) Strike out if not applicable
VIII Liability of the Hotel
- The Hotel shall be liable for damages for which it is responsible such as causing injury to life, body or health. Furthermore, the Hotel shall be liable for other damages caused by a wilful or grossly negligent breach of duty on the part of the Hotel or by a wilful or negligent breach of typical contractual duties on the part of the Hotel. Typical contractual obligations are such obligations that enable the proper execution of the contract in the first place and whose fulfilment the customer trusts and may trust. A breach of duty on the part of the Hotel shall be equivalent to that of a legal representative or subcontractor. Further claims for damages are excluded, unless otherwise provided for in Clause VII here. Should disruptions or defects in the Hotel’s services occur, the Hotel shall endeavour to remedy such upon knowledge thereof or upon prompt notification by the Customer. The Customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.
- The hotel shall be liable to the customer for items brought in in accordance with the statutory provisions. It is recommended by the Hotel to use the hotel safe or the safe in the room. If the customer wishes to store money, securities and valuables of which the value is more than EUR 800 or other items with a value of more than EUR 3,500, this requires a separate storage agreement with the hotel.
- If the customer is provided with a parking space in the hotel garage or in the hotel car park, even if a fee is charged, this does not constitute a safekeeping agreement. In the event of loss or damage to motor vehicles parked or manoeuvred on the Hotel’s property and their contents, the Hotel shall only be liable in accordance with the above Clause VIII.1, sentences 1 to 4.
- Requests for wake-up calls shall be executed by the Hotel with the greatest care. Messages for the Customer shall be handled with due care. The Hotel may, by prior arrangement take over the acceptance, storage and – on request and against payment – the forwarding of mail and consignments of goods. The Hotel shall only be liable in this respect in accordance with the above Clause VII.1, sentences 1 to 4.
IX Final provision
- Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in writing. Unilateral changes or additions are invalid.
- Kahl am Main is the place of performance and payment as well as exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange in commercial transactions.
- German law applies. The application of the UN purchase law is excluded.
- In accordance with legal obligations, the Hotel informs that the European Union has set up an online platform for out-of-court settlement of consumer disputes (“OSPlatform”): http://ec.europa.eu/consumers/odr/