Hotel Ludinmühle GmbH & Co. KG
Phone: +49(0)7645 / 9119-0
Fax: +49(0)7645 / 9119-899
- Authorised Representative: Walter Zimmermann
- Legal body responsible for the contents pursuant to Section 55 Paragraph 2 of the Interstate Treaty on Broadcasting (RStV): Walter Zimmermann (address above)
- VAT ID Number in accordance with Section 27a of the sales tax law: DE 169403757
- Register Court: Freiburg HRA 260739
- Registration Number:
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European Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/
- Hotel Ludinmühle GmbH & Co. KG
- Europa Park Rust / © Christian Ernst - www.ch-ernst.de
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- Naturgarten Kaiserstuhl GmbH
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1. These terms and conditions apply to agreements concerning the renting of hotel rooms for lodging as well as all other goods and services in connection with this rendered by the hotel for the customer (hotel accommodation contract). The term "hotel accommodation contract" covers and replaces the terms: lodging contract, guest accommodation contract, hotel contract and hotel room contract.
2. The prior written consent of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby §540, para. 1, sentence 2 German Civil Code is waived insofar as the customer is not a consumer.
3. The customer's general terms and conditions shall apply only if these are previously expressly agreed in writing.
II. CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
1. The contract shall come into force upon the hotel's acceptance of the customer's application. The hotel may confirm the room reservation in writing at its own discretion.
2. The parties to the contract are the hotel and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable vis-á-vis the hotel for all obligations arising from the hotel accommodation contract as joint debtor with the customer insofar as the hotel has a corresponding statement from the third party.
3. All claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, independent of knowledge and not applying to claims which are based on death, injury to body or health or civil liberties. These claims shall be time-barred, irrelevant of knowledge, for a period of ten years. The reduction of the statute of limitations periods shall not apply for claims which are based on an intentional or grossly negligent breach of contract by the hotel.
III. SERVICES, PRICES, PAYMENT, OFFSETTING
1. The hotel is obligated to keep the rooms reserved by the customer and to render the services agreed.
2. The customer is obligated to pay the applicable or agreed prices for rooms provided and for other services used. This shall also apply to the hotel's services and outlay to third parties caused by the customer. The agreed prices include the applicable VAT as required by law.
3. The hotel can make its agreement to a customer's subsequent request for a reduction in the number of reserved rooms, services of the hotel or the customer's length of stay dependent upon an increase of the price for the rooms and/or for the other services.
4. Hotel invoices not showing a due date are payable in full within ten days of receipt. The hotel is entitled at any time to make accumulating due accounts and receivables payable and demand payment without delay. In the case of default on payment, the hotel shall be entitled to demand the statutory default interest of currently eight percent or, with legal transactions with a consumer, the amount of five percent above the base interest rate. The hotel reserves the right to prove greater damage.
5. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of advance payment and payment dates may be agreed in writing in the contract.
6. In justified cases, e.g. the customer's default in payment, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or security deposit within the scope of the above mentioned No. 5 or an increase of the advance payment or security deposit agreed in the contract up to the total agreed renumeration.
7. Furthermore, the hotel shall be entitled, at the commencement and during the customer's stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 5 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 5 and/or No. 6.
8. The customer may only offset or reduce a claim with a claim which is undisputed or decided with final, res judicata effect..
IV. REPUDIATION BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO SHOW)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's written consent. If such is not provided, then the agreed price in the contract must be paid, even if the customer does not avail himself of the contractual services.
2. To the extent the hotel and customer agreed in writing upon a date for a cost-free cancellation of the contract, 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 to cancel in writing by the agreed date.
3. If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses. If the rooms cannot be rented, the hotel may demand the contractually agreed compensation and to make a flat-rate deduction for saved expenses. In this case the customer is obligated to pay 90 percent of the contractually agreed rate for lodging with or without breakfast, 70 percent for room and half-board, and 60 percent for room and full-board packages. The customer is at liberty to show that the claim mentioned above did not arise or did not arise to the amount demanded..
V. REPUDIATION BY THE HOTEL
1. To the extent that a right of cost-free cancellation within a certain period was agreed in writing for the customer, the hotel is entitled for its part to cancel the contract during that same period if there are inquiries from other customers regarding the contractually reserved rooms and provided that the customer does not waive his right of rescission upon inquiry thereof by the hotel.
2. If an agreed advance payment or an advance payment demanded pursuant to item III, no. 5 and/or 6 is not made even after a reasonable period of grace set by the hotel has expired, then the hotel is likewise entitled to cancel the contract.
3. Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if
- force majeure or other circumstances make it impossible to fulfill the contract;
- rooms are reserved with misleading or false information e.g. personal details or purpose of the stay;
- the hotel has justifiable cause to believe that use of the hotel's services may jeopardise the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel's sphere of control or organisation;
- the purpose or reason for the stay is unlawful;
- there is a breach of the above-mentioned item, clause 1, No. 2.
4. The customer has no right to compensation in the case of justified cancellation by the hotel.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customers does not acquire the right to be provided with specific rooms as long as this has not been expressly agreed in writing.
2. Reserved rooms are available to the customer from 3pm on the day of arrival. The customer does not have the right to earlier availability.
3. On the agreed departure date rooms must be vacated no later than 12 noon. After that time, and on the grounds of delayed vacation and for use exceeding the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 6pm. After 6pm 100% of the full accommodation rate will be charged. Contractual claims of the customer shall not be established hereby, The customer is at liberty to prove that the hotel incurred no or or much less damages than those claimed.
VII. LIABILITY OF THE HOTEL
1. The hotel shall be liable under its obligations arising from the contract. Claims from the customer for damages are precluded except for such which result from death, injury to body or health and the hotel is responsible for the breach of obligation, other damage which is caused by an intentional or grossly negligent breach of obligation and damage which arises from an intentional or negligent breach of obligations of the hotel which are typical for the contract.
A breach of obligation of the hotel is deemed to be the equivalent of a statutory representative or vicarious agent. Should disruptions or defects in the performance of the hotel arise, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
2. The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. Thereafter, liability is limited to one hundred times the room rate, not to exceed €3,500 and up to €800 for cash, securities and valuables. Cash, securities and valuables of a value up to € (enter applicable insured amount) can be kept in the hotel or room safe. The hotel recommends that guests utilise the opportunity to store cash, securities and valuables in the hotel or room safe.
3. Insofar as a parking space is provided to the customer in the hotel garage or hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is charged. The hotel assumes no liability for loss of or damage to a motor vehicle parked or manoeuvered on the hotel's property, nor the contents thereof, except in cases of intent or gross negligence. This also applies to the accountability of the vicarious agents of the hotel. Point No. 1, sentence 2 - 4 respectively above refers to the exclusion of claims for damages by the customer respectively.
4. Wake-up calls are carried out by the hotel with the greatest possible diligence. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold and for a fee and on request, forward such items. Exclusion for claims for damages by the customer is covered by No. 1, sentence 2 - 4 above.
VIII. FINAL PROVISIONS
1. Amendments and supplements to the contract, the acceptance of applications or these general terms and conditions for hotel accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
2. Place of performance and payment is the location of the hotel.
3. In the event of dispute, including disputes for checks and bills of exchange, the court's at the location of the hotel's registered office shall have exclusive jurisdiction for commercial transactions. Insofar as a contracting party fulfills the requirements of § 38, para. 2 of the German Civil Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the hotel's registered location shall have jurisdiction.
4. German law applies. The application of the UN Convention on the International Sales of Goods and the conflict of laws are precluded.
5. Should individual provision of these general terms and conditions for hotel accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall still apply.