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GENERAL TERMS AND CONDITIONS OF BUSINESS

 

1. AREA OF APPLICATION 

  • These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other hotel services (hotel accommodation contract). 

  • The prior written consent of the hotel is required before the rooms can be sublet or re-let or used for purposes other than accommodation.

  • The customer's general terms and conditions only apply if this has been expressly agreed in writing beforehand.

     

2. CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS 

  • The hotel is free to confirm the room booking in text form. 

  • The contractual partners are the hotel and the customer. If a third party has ordered for the customer, they are jointly and severally liable to the hotel together with the customer.

  • All claims against the hotel expire one year after the start of the statutory limitation period. Claims for damages expire in five years. 

The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.


 

3. SERVICES, PRICES, PAYMENT, OFFSET 

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

  • The customer is obliged to pay the applicable hotel prices for rooms provided and for other services used. This also applies to services and expenses of the hotel arranged by the customer for third parties. The agreed prices include the respective statutory sales tax.

  • The hotel can make its approval of a subsequent reduction in the number of booked rooms, the hotel's service or the length of stay of the customer dependent on the price for the room and/or for the other services of the hotel increasing._cc781905 -5cde-3194-bb3b-136bad5cf58d_

  • Invoices from the hotel are due within 14 days of being sent

payable without deduction. In the event of late payment, the hotel is entitled to charge a lump sum (surcharge for late payment, processing fee) i. hv 25.00 euros to be charged. 

  • The hotel is entitled to demand an advance payment or security from the customer upon conclusion of the contract. 

  • In justified cases, eg the customer is in arrears with payment, the hotel is entitled to refuse further services.

  • The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim. 

     

4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION AND NOSHOW)

  • Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in text form. If this is not done, the agreed price from the contract must also be paid if the customer does not use the contractual services. 

  • If an appointment for free withdrawal from the contract has been agreed in text form between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering any claims for payment or damages on the part of the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal to the hotel in text form by the agreed date. 

  • In the case of rooms not used by the customer, the hotel must offset the income from renting these rooms to other parties. If the rooms are not rented out elsewhere, the hotel can charge 100% of the contractually agreed fee. 

  • A right to withdraw from the contract concluded with the hotel expires two weeks before the contractually agreed day of arrival. Note: According to Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. The cancellation conditions of the hotel apply.

     

5. WITHDRAWAL OF THE HOTEL 

  • If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during this period (e.g. non-compliance with contractually agreed advance payment).  

  • If the hotel withdraws with justification, the customer is not entitled to compensation. 

     

6. ROOM AVAILABILITY, DELIVERY AND RETURN

  • The customer does not acquire the right to be provided certain rooms unless this has been expressly agreed in writing. 

  • Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer is not entitled to earlier delivery. 

  • 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 that, the hotel can charge 50% of the full accommodation price (list price) for the use of the room beyond the contract until 2:00 p.m. due to the delayed evacuation of the room, after that 100%. 


     

7. LIABILITY OF THE HOTEL 

  • The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or negligent breach of typical contractual obligations of the hotel. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to minimize possible damage. 

  • The hotel is liable to the customer for items brought in according to the statutory provisions. Thereafter, liability is limited to a hundred times the room price, but no more than €3,000, and deviating from this for money, securities and valuables up to a maximum of €800. Money, securities and valuables can be kept in the hotel safe up to a maximum value of €3,000. 

  • If the customer is provided with a parking space in the garage or in a hotel car park, even for a fee, this does not result in a custody agreement. The hotel is not liable for loss of or damage to motor vehicles, trailers, motorcycles or trailers parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence.


     

8. FINAL PROVISIONS 

  • Changes and additions to the contract or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid. 

  • The place of performance and payment is the location of the hotel. 

  • German law applies. The application of the UN sales law and the conflict of laws or similar is excluded. 

  • 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. 

Hotel Combecher

Kurhessenstrasse 32
34626 Neukirchen

As of 2022

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