These General Terms and Conditions apply to contracts for the rental of rooms for accommodation purposes as well as all other services and deliveries provided by Gästehaus am Schlossberg (hereinafter referred to as "Gästehaus") in this context.
Subletting or further letting of the rented rooms as well as their use for purposes other than accommodation require the prior written consent of the Gästehaus, whereby § 540 para. 1 sentence 2 BGB is excluded insofar as the customer is not a consumer.
Any general terms and conditions of the customer shall not apply, even if the Gästehaus does not expressly object to them.
The contracting parties are the Gästehaus and the customer. The contract is concluded by the Gästehaus accepting the customer's offer. Acceptance may be made in electronic form.
All claims against the Gästehaus are generally subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages are subject to a limitation period of five years.
The contracting parties are the Gästehaus and the customer. If a third party has made a booking on behalf of the customer, they shall be liable to the Gästehaus together with the customer as joint and several debtors for all obligations arising from the accommodation contract, provided that the Gästehaus has received a corresponding declaration from the third party.
The Gästehaus is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the agreed or applicable prices of the Gästehaus for the provision of rooms and any additional services used.
The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local charges that must be paid by the guest themselves according to the respective municipal law.
Invoices from the Gästehaus without a due date are payable within 14 days of receipt of the invoice without deduction. The Gästehaus may demand immediate payment of due claims from the customer at any time.
The Gästehaus is entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, down payment or similar.
Credit Card Payments: The Gästehaus accepts the following credit cards: Visa, Mastercard, American Express. When paying by credit card, the Gästehaus may pre-authorize an amount equal to the estimated invoice amount. The total amount will be debited from the credit card upon departure or at a previously agreed time.
The customer may only offset or set off against a claim of the Gästehaus with an undisputed or legally established claim.
Withdrawal by the customer from the contract concluded with the Gästehaus is only possible if a right of withdrawal has been expressly agreed in the contract, if there is a statutory right of withdrawal, or if the Gästehaus expressly agrees to the cancellation of the contract.
If a date for free withdrawal from the contract has been agreed between the Gästehaus and the customer, the customer may withdraw from the contract until that date without triggering payment or compensation claims by the Gästehaus.
The following regulations apply to cancellations or changes to bookings by the customer:
If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the Gästehaus is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive their right of withdrawal upon request by the Gästehaus with a reasonable deadline.
If an advance payment or security deposit agreed or demanded in accordance with clauses 3.5 and/or 3.7 is not made even after expiry of a reasonable grace period set by the Gästehaus, the Gästehaus is also entitled to withdraw from the contract.
Furthermore, the Gästehaus is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if:
The justified withdrawal by the Gästehaus does not give rise to any claim for damages by the customer.
The customer does not acquire a right to the provision of specific rooms unless this has been expressly agreed.
Booked rooms are available to the customer from 3:00 PM on the agreed day of arrival. The customer has no right to earlier provision.
On the agreed day of departure, the rooms must be vacated and made available to the Gästehaus by 10:00 AM at the latest.
Non-smoking Rooms: All rooms in Gästehaus am Schlossberg are non-smoking rooms. Smoking is strictly prohibited in all indoor areas of the Gästehaus. In case of violation, the Gästehaus is entitled to charge a cleaning fee of at least 200 euros. This fee may be higher depending on the effort required.
Pets: Dogs and other pets are generally not allowed in the Gästehaus. In exceptional cases, prior written permission may be granted by the Gästehaus. Animals brought without this express permission entitle the Gästehaus to refuse occupancy of the room or to immediately terminate the accommodation contract without refund.
The Gästehaus is liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, it is liable for other damages based on intentional or grossly negligent breach of duty by the Gästehaus or on intentional or negligent breach of typical contractual obligations by the Gästehaus. Typical contractual obligations are those obligations that enable the proper performance of the contract and on whose fulfillment the customer relies and may rely. A breach of duty by the Gästehaus is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise regulated in this clause 7.
The Gästehaus is liable to the customer for items brought in accordance with statutory provisions.
Parking Facility: The customer is provided with a free parking facility for the duration of their stay. The provision of the parking facility does not constitute a custody contract. The Gästehaus assumes no liability for damage, theft or loss of the parked vehicle or items contained therein. This also applies in the event that Gästehaus employees assist with directions or parking. Parking the vehicle is at the customer's own risk. Customers are requested not to leave valuable items in the vehicle.
For bookings made via third-party providers such as Booking.com, the terms and conditions of the respective provider for booking and cancellation take priority.
If the conditions of the third-party provider differ from these General Terms and Conditions, the conditions of the third-party provider take precedence.
The Gästehaus is entitled to request a credit card as a guarantee for the booking when bookings are made via third-party providers. The charge will be made in accordance with the conditions of the respective booking.
For services that were not agreed as part of the booking via the third-party provider (e.g. additional meals, minibar), the prices and conditions of the Gästehaus apply.
The customer agrees that their data relevant to the booking will be transmitted from the third-party provider to the Gästehaus.
Changes and additions to the contract, acceptance of the offer or these General Terms and Conditions should be made in text form. Unilateral changes or additions are invalid.
Place of performance and payment as well as exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial transactions is the location of the Gästehaus. If the customer meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the location of the Gästehaus shall be deemed the place of jurisdiction.
German law applies.
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. Otherwise, the statutory provisions apply.