General Terms & Conditions

General Terms & Conditions for the Hotel Accommodation Contract at the Waldhotel Kurfürst.

I. Scope of application

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer. The term ‘hotel accommodation contract’ includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

2. The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

3. The customer's general terms and conditions shall only apply if this has been expressly agreed in advance in text form.

II Conclusion of contract, contract partner; limitation period

1. The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in writing.

2. The contractual partners are the hotel and the customer. If a third party has booked on behalf of the customer, he shall be liable to the hotel together with 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 shall generally become time-barred one year after the commencement of the regular limitation period under § 199 (1) BGB, which is dependent on knowledge. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III Services, prices, payment, offsetting

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. The customer is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.

3. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but by no more than 20%.

4. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the length of the customer's stay requested by the customer dependent on a reasonable increase in the price for the rooms and/or for the hotel's other services.

5. Invoices of the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.

6. 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 payment dates may be agreed in text form in the contract. In the case of advance payments or security deposits for package holidays, the statutory provisions remain unaffected. If the customer is in default of payment, the statutory provisions shall apply.

7. In justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of the above clause 3.6, or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

8. Furthermore, the hotel is entitled to demand an appropriate advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract at the beginning and during the customer's stay, insofar as such has not already been made in accordance with clause III 6 and/or clause III. 7 above.

9. The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.

10. the customer agrees that the invoice may be sent to him electronically.

IV. Withdrawal by the customer (i.e. cancellation) / non-utilization of the hotel's services

1. A cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If this is not given, the agreed price from the contract must be paid even if the customer does not utilize contractual services. This shall not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of cancellation.

2. If the hotel and the customer have agreed in writing on a date for cancellation of the contract free of charge, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation shall expire if he does not exercise his right of cancellation in writing vis-à-vis the hotel by the agreed date, unless a case of cancellation by the customer pursuant to No. 1 sentence 3 exists.

3. In the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved.

4. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or cancellation and the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite non-utilisation of the service. The hotel is at liberty to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. In this case, 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. The customer is free to prove that the above-mentioned claim has not arisen or has not arisen in the amount claimed.

V. Cancellation by the hotel

1. Insofar as a free right of cancellation of the customer within a certain period has been agreed in writing, the hotel is entitled for its part to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of cancellation upon enquiry by the hotel. This shall apply accordingly if an option is granted, if other enquiries are received and the customer is not prepared to make a firm booking upon enquiry by the hotel within a reasonable period of time.

2. If an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 above is not made, even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, e.g. if;
• Force majeur or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible;
• rooms are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose;
• the hotel has justified cause to believe that the use of the hotel's services may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel's sphere of control or organisation

4. In the event of justified cancellation by the hotel, the customer shall have no claim to compensation.

VI. Room provision, handover and return

1. The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.

2. Booked rooms are available to the customer from 4.00 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.

3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price for the late vacating of the room until 12.00 noon, and 100% from 12.00 noon onwards.

4. For arrivals before 12.00 noon, we can no longer let the room the day before , will therefore be charged the 100% of the room rate. This shall not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.

5. Arrivals are only possible until 21:00 and during hotel opening hours. In the event of a no-show, the entitlement to services shall lapse and the applicable cancellation conditions (Nr. III) shall apply. Late check-in can be arranged by written agreement. This may be subject to a charge. Please note the hotel opening hours.

VII Liability of the hotel

1. The hotel shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel, or on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations which make the proper fulfilment of the contract possible in the first place, and on the fulfilment of which the customer relies on and may depend on. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this section 7. Should disruptions or defects in the hotel's services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.

2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. a maximum of €3,500, as well as for money, securities and valuables up to €800. the hotel recommends the use of the room safes. Liability claims expire unless the customer notifies the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB).The above number 1; sentences 2 to 4 shall apply accordingly to any further liability of the hotel.

3. If the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, except in cases of intent or gross negligence. The above number ; sentences 2 to 4 apply accordingly.

4. Wake-up calls shall be carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The above number 1; sentences 2 to 4 apply accordingly.

VIII. AGB Wellness

Tips for a wonderful time in our Elector's spa:

Bathrobe, towels, sauna shoes: As a wellness guest at our Elector's spa, you can request our practical wellness bag with bathrobe and towels for a fee when you check in at the hotel reception.

Booking: Look forward to a relaxing treatment in our unique ambience. To ensure that we are able to book your desired appointment, please book early for your stay with us. You can reach us daily on 02653 98910 or by email at info@waldhotel-kurfuerst.de

Arrival: You should find peace and relaxation with us. So that you can relax and enjoy your treatments, please report to the hotel reception at least 20 minutes before your treatment. If you are late, we will endeavour to carry out the treatment appropriately. Please understand that we will probably not be able to treat you beyond the agreed time so as not to keep subsequent guests waiting.

Date changes & cancellations: We are happy to accept change requests up to 24 hours before the booked date, subject to availability. We charge cancellation fees for cancellations or no-shows as follows: Up to 24 hours before the booked appointment: no fee Within 24 hours before the booked appointment: 50% of the treatment price In case of no-show: 100% of the treatment price.

Treatment times: Our times include undressing, dressing and resting. Vouchers: All services are also available as vouchers. Vouchers can be redeemed conveniently when you check in at reception.

Quiet: So that you can find peace and quiet and enjoy the chirping of our forest birds, we ask that you leave mobile phones in your hotel room or switched off in your locker.

Valuables: Please leave your valuables in the lockers in the changing rooms. We cannot accept any liability in the event of loss. All prices are in euros, including 19% VAT. Prices are subject to change and errors excepted. This price list supersedes all previous price lists.

IX. General Terms and Conditions Vouchers

1. Prices and shipping costs
The prices stated on the voucher include VAT and other price components. The shipping costs listed at the time of the order apply. The voucher can be sent by e-mail and is available for the recipient to print out. Alternatively, it can be sent by post. For this purpose, the customer data required for dispatch (title, name, address) will be transmitted for further processing.

2. Voucher conditions and validity
a) The voucher can only be redeemed for the amount paid for the voucher and expressly not for the service specified on the voucher.
b) When using the payment method credit card, PayPal, prepayment, a voucher is valid immediately after the order and can be redeemed on the same day.
c) The voucher is generally valid for 3 years. In the case of special offers or promotions, the validity can be limited. You will then find amended information and the validity date on the voucher.
d) The voucher provider will only honour vouchers that have been paid for in full and have not expired.
e) A cash payment of the voucher value is generally not possible.
f) The voucher can be redeemed for any service of the voucher provider, subject to availability.
g) The voucher can only be redeemed if it is presented to the voucher provider in digital or printed form on the day of redemption.

3. Payment
a) Payment can be made either by credit card, PayPal or prepayment
b) If you choose to pay in advance, we will provide you with our bank details at the end of the order process and in the order confirmation email and will send the voucher to our account once payment has been clearly received.
c) You are only entitled to offset if your counterclaims have been legally established by a court of law or are undisputed or have been recognised by us in writing.
d) You may only exercise a right of retention if the claims result from the same contractual relationship.

X. Final provisions

1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

2. The place of fulfilment and payment as well as the exclusive place of jurisdiction is the registered office of the hotel. - The place of jurisdiction for commercial transactions - including disputes relating to cheques and bills of exchange - is the hotel's registered office. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

3. In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (‘ODR platform’): http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.

XI Severability clause

1. Should individual provisions of these General Ticket Terms and Conditions 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.

XII Travel insurance

1. We recommend the products of our partner ERGO Reiseversicherung, the market leader among travel insurers in Germany, to ensure that you are reimbursed for possible financial losses in the event of cancellation or interruption of your holiday: due to illness, accident or unemployment - even within the family.

XIIl Data protection

The customer's data is collected, stored and used exclusively for the processing of the order. This is based on the relevant data protection provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). Further information can be found under Data protection.