General Terms

General Terms and Conditions for the Hotel Accommodation Contract

BAVARIA-REHFELD GmbH

I. Scope of Application
(1) These Terms and Conditions shall apply to contracts for the rental of hotel rooms for lodging purposes, as well as to all services and supplies provided by the hotel for the customer.
2) The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) shall apply insofar as the customer is not a consumer.
3. the customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II Conclusion of Contract, Contracting Parties; Statute of Limitations
(1) The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room reservation in writing.
The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3 All claims against the hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after five years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims,
which are based on an intentional or grossly negligent breach of duty by the hotel. 4.
We recommend the conclusion of a travel cancellation insurance.

III Services, Prices, Payment, Offsetting
(1) The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obligated to pay the prices of the hotel applicable or agreed upon for the provision of the rooms and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
The agreed prices include the respective statutory value-added tax. If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 5%.
4. prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees.
5. invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The hotel is entitled to call in accrued receivables at any time and to demand immediate payment. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages. 6.
6. the hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. the customer can only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
8. hotel room bookings can be rebooked up to 22 days before arrival. For a rebooking up to 14 days before arrival a fee of € 50,00 per will be charged. For a rebooking up to 7 days before arrival a fee of € 100,00 will be charged. Bookings cancelled or changed on the day of arrival will be charged with 80% cancellation fee of the room or arrangement price. 

IV. Withdrawal of the customer (i. e. cancellation) / non-utilization of the services of the hotel
1. all cancellations must be in writing.
2. lodging ( up to 14 persons - individual guest): Hotel room reservations can be cancelled free of charge up to 22 days prior to arrival.
For a cancellation up to 14 days before arrival 50% of the room or arrangement price can be charged.
For a cancellation up to 7 days before arrival, 70% of the room or arrangement price can be charged.
For a later cancellation 80% of the room or arrangement price can be charged.
3. lodging (from 15 persons - group arrangement):
For reservations of more than 15 persons ( group arrangement) the following cancellation and change deadlines apply:

up to 90 days before arrival - complete cancellation possible
up to 45 days before arrival - up to 50% of the agreed accommodation nights
up to 30 days before arrival - up to 20% of the agreed accommodation nights
up to 10 days before arrival - up to 10% of the agreed accommodation nights

If the reservation includes more than 200 overnight stays, the aforementioned deadlines shall be extended by 10 days in each case.

V. Withdrawal of the hotel
(1) If the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the hotel is entitled for its part to withdraw from the contract within this period of time if there are requests from other customers for the contractually reserved rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
2. if an agreed advance payment or an advance payment demanded above pursuant to clause III No. 6 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if a) force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
b) rooms are booked under misleading or false information of essential facts, e.g. in the person of the customer or the purpose;
c) the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
d) there is a violation of clause I No. 2 above.
4. in the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.

VI Payment - Advance Payment
1. advance payment of an amount equal to half the cost of 5 nights or 2 packages for 3 full days may be required for the reservation.
2. if the advance payment requested by the hotel is not made on the requested date (if no date is given no later than 90 days before arrival), this shall immediately release the hotelier from any agreements made.

VII. room provision, handover and return
(1) The customer does not acquire any right to the provision of certain rooms.
2. booked rooms shall be available to the customer from 4:00 p.m. 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 hotel by 10:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.

VIII. Liability of the Hotel
The hotel is liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by the hotel and damages resulting from an intentional or negligent breach of typical contractual duties by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any damage to a minimum.
2. the hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. money, securities and valuables may be stored up to a maximum value of € 20,000 in the hotel safe or up to a maximum value of € 2,000 in the room safe. The hotel recommends making use of this possibility. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). For further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.
3 Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, this shall not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, except in cases of intent or gross negligence. Number 1 sentences 2 to 4 above shall apply accordingly. 4.
4. wake-up orders are carried out by the hotel with the utmost care. Messages, mail and merchandise shipments for the guests will be handled with care. The hotel shall undertake delivery, safekeeping and - on request - forwarding of the same against payment. Paragraph 1, sentences 2 to 4 above shall apply accordingly.

IX. Final Provisions
1. changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation shall be made in writing. Unilateral changes or additions by the customer are invalid.
2.place of performance and payment is the registered office of the hotel.
3. the exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - in commercial transactions shall be the registered office of the hotel. If a contracting party fulfills the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the Conflict of Laws shall be excluded.
5. should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.