Terms and conditions

1. Scope of application

1.1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and for all other services and deliveries provided to the customer by Hotel Rössle, hereinafter referred to as the hotel (hotel accommodation contract). They do not apply to package tours within the meaning of § 651aBGB.

The term “hotel accommodation contract” includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

1.2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby the right of termination pursuant to Section 540 (1) sentence 2 BGB is waived.

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

2. Conclusion of contract, partners, liability; statute of limitations

2.1. The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in text form.

2.2. The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it 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.

2.3. 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. Claims for damages are subject to a limitation period of five years regardless 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.

3. Services, prices, payment, offsetting

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

3.2. The customer is obliged to pay the agreed or applicable prices of the hotel for the room rental and the other services used by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.

Payment can be made by EC card, credit card (Mastercard, Visa, American Express) or cash in euros.

3.3. The agreed prices include the taxes applicable at the time the contract is concluded, in particular VAT. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor’s tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.

3.4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the length of the guests’ stay and the hotel agrees to this.

3.5. The hotel’s invoices without a due date are payable within 10 days of the invoice date without deduction, unless otherwise contractually agreed. The hotel may demand immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to charge interest on arrears in accordance with §288 BGB. The hotel reserves the right to provide evidence of higher damages.

3.6. 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 can be agreed in text form in the contract. If the customer is in default of payment, the statutory provisions shall apply.

3.7. In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8. Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of Section 3.6 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with Section 3.6 and/or Section 3.7 above.

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

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

3.11. Pets are generally allowed in the Hotel Rössle, must be announced before check-in. Individual charges may apply for pets. The owner/guardian is liable for any damage caused by pets brought along, as well as consequential damage. If the rooms become too dirty/unreasonably soiled by the animals, extra cleaning costs may be incurred.

4. Withdrawal by the customer (cancellation) / non-utilization of the hotel’s services (no show)

4.1. The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract termination should be made in text form. If this is not done, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall not apply in cases of delay in performance by the hotel or impossibility of performance for which the hotel is responsible.

4.2. If a date for withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in text form vis-à-vis the hotel by the agreed date.

4.3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to cancel the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilization of the service.

4.4. The hotel must offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. The customer is then obliged to pay 100% of the contractually agreed price for overnight stays with or without breakfast. The customer is at liberty to prove that no damage was incurred or that the damage incurred by the hotel is lower than the lump sum demanded.

4.5. If the customer books via a third-party provider (e.g. hotel portals such as booking.com, hrs.com or similar), he/she is obliged to make changes and cancelations directly via this provider.

5. Withdrawal of the hotel

5.1. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel 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 his right of withdrawal upon enquiry by the hotel with a reasonable deadline.

5.2. If an advance payment or security deposit agreed or demanded in accordance with Section 3.6 and/or Section 3.7 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.

5.3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if:

• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
• the hotel has justified cause to believe that the use of the service may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
• the purpose or reason for the stay is unlawful;
• there is a breach of section 1.2 above.

5.4 The justified withdrawal of the hotel does not entitle the customer to claim damages.

6. Room provision, handover and return

6.1. The customer shall not acquire any entitlement to the provision of specific rooms unless this has been expressly agreed in text form.

6.2. Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer is not entitled to earlier provision. Check in is possible until 10 pm.

6.3. 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. Thereafter, the hotel may charge 50% of the full accommodation price (price according to the price list) for the late vacating of the room for its use in excess of the contract until 6 p.m., and 100% from 6 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to compensation for use.

6.4. Smoking is not permitted anywhere in the hotel. In the event of smoking in the hotel room, the hotel reserves the right to charge €100 compensation.

6.5. The guest is personally and fully liable for all damage caused by the guest. The guest is obliged to inform the hotel immediately and directly of any damage caused.

6.6. If the vacated room is too dirty or contains traces of vandalism, the hotel is entitled to charge the guest a corresponding cleaning fee and damages as extra costs. The costs can be calculated on a case-by-case basis.

7. Liability of the hotel

7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages that 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 by the hotel. 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 clause 7. Should disruptions or defects occur 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 obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.

7.2. The hotel is 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 (cf. §§ 701 ff. BGB). Money, securities and valuables can be stored in the hotel safe up to a maximum value corresponding to the hotel’s sum insured. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). Liability only arises if the rooms in which the items were left were locked.

7.3. If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel. The guest is obliged to report any damage immediately, in any case before leaving the parking facility.

7.4. Wake-up calls are carried out by the hotel with the utmost care. No liability is assumed. Messages, mail and consignments are handled with care. By prior arrangement with the customer, the hotel can accept, store and – on request – forward mail and consignments for a fee. The hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.

7.5. Items left behind will only be forwarded at the request, risk and expense of the customer. The hotel will keep the items for three months, after which they will be handed over to the local lost and found office if they have a recognizable value. If there is no recognizable value, the hotel reserves the right to destroy the goods after the deadline has expired.

8. Final provisions

8.1. Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.

8.2. The place of performance and payment is the hotel’s registered office.

8.3. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – for commercial transactions is Calw. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Calw.

8.4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

8.5. In accordance with the legal obligation, the hotel would like to point 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.

8.6. 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. In all other respects, the statutory provisions apply.