These terms and conditions apply to contracts for the leasing of hotel rooms of the Flair Hotel Grüner Baum Donaueschingen for accommodation as well as for all other services provided by Flair Hotel Grüner Baum Donaueschingen for the customer (hotel reception contract).
The subletting or re-letting of the provided premises, the use of the hotel rooms for other purposes than advertising, public invitations or other advertising for job interviews, sales and similar events and the use of hotel space outside the rented premises for the aforementioned events require prior express consent Flair Hotel Grüner Baum Donaueschingen and can be made dependent on the payment of an additional fee. Section 540 (1) sentence 2 BGB shall not apply unless the customer is a consumer.
Terms and conditions of the customer apply only if this has been expressly agreed.
II. Conclusion of the contract; limitation
- The contract is concluded by the acceptance of the customer's application by Flair Hotel Grüner Baum Donaueschingen. The Flair Hotel Grüner Baum Donaueschingen is free to confirm the room reservation in text form.
- All claims against Flair Hotel Grüner Baum Donaueschingen are subject to a limitation period of one year from the beginning of the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty of the Flair Hotel Grüner Baum Donaueschingen.
III. Services, prices, payment, offsetting
- The customer is obliged to pay the agreed or valid prices of the Flair Hotel Grüner Baum Donaueschingen for the room rental and the other services used by him. This also applies to third-party services commissioned by the customer directly or through Flair Hotel Grüner Baum Donaueschingen, the remuneration of which is paid by Flair Hotel Grüner Baum Donaueschingen.
- The agreed prices include the taxes and local charges applicable at the time the contract was concluded. Not included are local taxes, which are due to the respective local law of the guest, such. B. City tax. In the event of a change in the statutory sales tax or the new introduction, modification or abolition of local taxes on the subject matter after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months.
- The Flair Hotel Grüner Baum Donaueschingen may make its consent to a subsequent reduction of the number of booked rooms, the hotel's services or the length of stay of the customer depending on the price of the room and / or the other services of the hotel Hotels increased appropriately.
- If payment has been agreed on account, the payment must be made without deduction - subject to a different agreement - within 10 days of receipt of the invoice.
- For every reminder after default, the customer has to reimburse dunning costs in the amount of € 5 to the Flair Hotel Grüner Baum Donaueschingen. The proof that no or only significantly lower costs were incurred, the customer is free.
- The Flair Hotel Grüner Baum Donaueschingen is entitled, upon conclusion of the contract by the customer a reasonable advance payment or security deposit, eg. 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. For prepayments or security for package tours, the statutory provisions remain unaffected.
- In justified cases, eg. As payment arrears of the customer or extension of the scope of the contract, the Flair Hotel Grüner Baum Donaueschingen is entitled, even after conclusion of the contract until the beginning of the stay, an advance payment or security deposit in accordance with the above No. 6 or an increase in the contract agreed advance payment or security deposit to full to demand agreed remuneration.
- The Flair Hotel Grüner Baum Donaueschingen is further entitled to demand from the customer at the beginning and during the stay a reasonable pre-payment or security in the sense of the above-mentioned no. 6, as far as such has not already been made in accordance with paragraphs 6 and / or 7 above.
IV. Resignation of the customer / Non-use of the services of the Flair Hotel Grüner Baum Donaueschingen
- A resignation of the customer of the Flair Hotel Grüner Baum Donaueschingen contract is only possible if a right of withdrawal was expressly agreed in the contract, a statutory right of withdrawal exists or if the Flair Hotel Grüner Baum Donaueschingen expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible agreement to a contract cancellation should be made in text form.
- If an appointment for the free exercise of the right of withdrawal has been agreed, the customer can by then withdraw from the contract, without payment or compensation claims to the Flair Hotel Grüner Baum Donaueschingen trigger. The customer's right of withdrawal expires if he does not exercise it in text form by the agreed date with the Flair Hotel Grüner Baum Donaueschingen.
- If a right of withdrawal is not agreed or already extinguished, there is also no legal right of withdrawal and if the Flair Hotel Grüner Baum Donaueschingen does not agree to a cancellation of the contract, the Flair Hotel Grüner Baum Donaueschingen retains the claim to the agreed remuneration despite non-use of the service. The Flair Hotel Grüner Baum Donaueschingen has to take into account the income from other rental of the rooms as well as the saved expenses. If the rooms are not otherwise rented, the Flair Hotel Grüner Baum Donaueschingen can demand the contractually agreed remuneration and flat-rate the deduction for expenses saved. In this case, the customer is obligated to pay at least 80% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. He is free to prove that the aforementioned claim has not arisen or not in the required amount.
V. Resignation of Flair Hotel Grüner Baum Donaueschingen, unauthorized events
1. If it has been contractually agreed that the customer can withdraw from the contract free of charge until a certain date, the Flair Hotel Grüner Baum Donaueschingen shall be entitled to withdraw from the contract in whole or in part, if inquiries from other customers regarding the contractually booked rooms are available and the customer on request of Flair Hotel Grüner Baum Donaueschingen with reasonable deadline on his right to resignation not waived. This applies accordingly when granting an option, if other inquiries are available and the customer is not ready to make a fixed booking on request of the Flair Hotel Grüner Baum Donaueschingen with a reasonable deadline.
2. Furthermore, the Flair Hotel Grüner Baum Donaueschingen is entitled to withdraw from the contract for a materially justified reason, in particular if
- force majeure or other circumstances for which Flair Hotel Grüner Baum Donaueschingen is not responsible make performance of the contract impossible;
- Hotel services were booked under misleading or false information or omission of material contractual facts. Contractual may be the identity of the customer, his solvency or the purpose of his stay;
- The Flair Hotel Grüner Baum Donaueschingen has reason to believe that the use of hotel services can jeopardize the smooth operation, security or reputation of the Flair Hotel Grüner Baum Donaueschingen in public, without this affecting the domain or organization of the Flair Hotel Grüner Baum Donaueschingen is to be attributed;
- the purpose or occasion of the stay is unlawful;
- there is a violation of clause I no. 2;
- an agreed or required clause III nos. 6 and / or 7 above
- Advance payment has not been made even after the expiry of a reasonable grace period set by the Flair Hotel Grüner Baum Donaueschingen.
3. Unauthorized interviews, sales and similar events can prevent or cancel the Flair Hotel Grüner Baum Donaueschingen.
4. The justified resignation of the Flair Hotel Grüner Baum Donaueschingen or the suspension of an unauthorized event in accordance with the above No. 3 does not constitute a claim of the customer for damages.
5. Should a claim for damages of the Flair Hotel Grüner Baum Donaueschingen against the customer exist in the case of a resignation according to the above no. 2, the Flair Hotel Grüner Baum Donaueschingen can claim a lump sum. Clause IV (3) sentences 3 to 6 shall apply mutatis mutandis in this case.
VI. Room preparation, handover and return
- The customer is not entitled to the provision of certain rooms, unless this has been expressly agreed.
- Booked rooms are available to the customer from 2.30 pm on the agreed arrival day. The customer has no right to earlier availability. Unless a later arrival time has been explicitly agreed or the room in question has been prepaid, the Flair Hotel Grüner Baum Donaueschingen has the right to allocate booked rooms after 6 pm without the customer being entitled to claim against the Flair Hotel Grüner Baum Donaueschingen. There is no obligation to re-award it.
- On the agreed departure day, the rooms of the Flair Hotel Grüner Baum Donaueschingen must be vacated no later than 11.00 am. Thereafter, the Flair Hotel Grüner Baum Donaueschingen may charge 50% of the full list price due to the late clearance of the room for its contractual use until 18.00 clock, from 18.00 clock at least 90%. Contractual claims of the customer are not justified by this. He is free to prove that the Flair Hotel Grüner Baum Donaueschingen no or a much lower entitlement to user fee has arisen.
VII. Liability of the Flair Hotel Grüner Baum Donaueschingen
- The Flair Hotel Grüner Baum Donaueschingen is liable for damages for which it is responsible for injury to life, limb or health. Furthermore the Flair Hotel Grüner Baum Donaueschingen is liable for other damages, which are based on an intentional or grossly negligent breach of duty by the Flair Hotel Grüner Baum Donaueschingen, and damages based on an intentional or negligent violation of contractual obligations of the Flair Hotel Grüner Baum Donaueschingen. Contractual obligations are those obligations that enable the proper execution of the contract and on the fulfillment of which the customer can trust and trust. A breach of duty of the Flair Hotel Grüner Baum Donaueschingen is equal to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause VII. Should faults or deficiencies occur in the services of the Flair Hotel Grüner Baum Donaueschingen, the Flair Hotel Grüner Baum Donaueschingen will endeavor to remedy this with knowledge or immediate notification of the customer. The customer is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize possible damage. Incidentally, the customer is obliged to inform the Flair Hotel Grüner Baum Donaueschingen in good time about the possibility of causing an exceptionally high level of damage. The parents have the duty of supervision of their children.
- The Flair Hotel Grüner Baum Donaueschingen is liable to the customer in accordance with the statutory provisions for items brought in. It is recommended to use the hotel safe or room safe. If the customer wants to raise money, securities and valuables with a total value of more than € 800 or other items with a total value of more than € 3,500, a separate storage agreement must be made with the Flair Hotel Grüner Baum Donaueschingen.
- Any remaining items of the customer will only be forwarded upon request, risk and costs of the customer. The Flair Hotel Grüner Baum Donaueschingen keeps things for three months; thereafter, if there is a recognizable value, they will be handed over to the local lost property office. If the lost property office is not ready to take over, the items are kept for another nine months and then either recycled or destroyed. For the liability of the Flair Hotel Grüner Baum Donaueschingen the above no. 1 sentences 1 to 5 apply accordingly.
- If the customer is provided with a parking space in a hotel car park, also for a fee, no custody agreement is concluded. There is no obligation to monitor the Flair Hotel Grüner Baum Donaueschingen. In the case of loss or damage on the hotel property parked or shunted vehicles and their contents, the Flair Hotel Grüner Baum Donaueschingen liable only in accordance with the above no. 1 sentences 1 to 5. Any damage must be reported to Flair Hotel Grüner Baum Donaueschingen immediately.
- Wake-up orders are carried out by Flair Hotel Grüner Baum Donaueschingen with the utmost care. Messages, mail and merchandise for guests are treated with care. The Flair Hotel Grüner Baum Donaueschingen takes over the delivery, storage (in the case of consignments, however, only by prior arrangement) and - on request - for reimbursement of the same. For the liability of the Flair Hotel Grüner Baum Donaueschingen apply the above number 1 sentences 1 to 5 accordingly.
VIII. Final Provisions
- Changes or additions to the contract or these terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
- Place of fulfillment and payment in commercial traffic is the Flair Hotel Grüner Baum Donaueschingen.
- In commercial traffic is - also for check disputes - exclusive place of jurisdiction Donaueschingen. The Flair Hotel Grüner Baum Donaueschingen can also sue the customer at his own choice at the customer's location. The same applies in each case if the customer meets the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany.
- German law applies. The application of the UN sales law and conflict of laws 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. In addition, the statutory provisions apply.
Dispute resolution of the European Commission
The Flair Hotel Grüner Baum Donaueschingen does not undertake to participate in dispute settlement proceedings before a consumer arbitration board.
Platform for online dispute resolution of the European Commission: http://ec.europa.eu/consumers/odr/