Conditions

Terms of Service

A. Scope

  1. These terms and conditions apply to all contracts that are concluded with the Erlebnishotel "Zur Schiffsmühle" GmbH (hotel). General terms and conditions of the customer only apply if this has been expressly agreed in writing beforehand.
  2. Insofar as there are commercial customs that conflict with these agreements, it is expressly agreed that these commercial customs do not apply between the contracting parties.
  3. The subletting or subletting of the rooms and rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel. Section 540 (1) sentence 2 of the German Civil Code applies if the customer is not a consumer.
  4. The relevant price list with the respective tariffs and service descriptions is decisive for the conclusion of the guest accommodation contract.

B. Contract

I. Contractual relationship

  1. A contract for the reservation of rooms or rooms, as well as the agreement of related services, only comes into effect when the hotel accepts the customer's application. The hotel is free to confirm the reservation in text form.
  2. The reservation of rooms establishes a tenancy.
  3. If rooms or other services are reserved on an option basis, the option dates are binding for both parties. After the agreed option period has expired, the hotel can freely dispose of the rooms and services booked on option without consultation.
  4. Reserved rooms confirmed by the hotel will be made available from 3:00 p.m. on the day of arrival and until 10:30 a.m. on the day of departure. In the event of a later departure, the hotel reserves the right to charge a surcharge for daily use of 30 euros. The customer has no right to earlier availability. The hotel is entitled to allocate reserved rooms to other guests on the day of arrival after 6:00 p.m., unless a later arrival time has been expressly agreed.
  5. The customer is not entitled to one or more specific rooms.
  6. The customer is obliged to inform the hotel about this at the latest when the contract is concluded, provided that the event is suitable due to its political, religious or other character to jeopardize the smooth running of the business, the security or the public's reputation.

II. Services and prices

  1. The customer is obliged to pay the hotel's applicable or agreed prices for the provision of rooms or the services used. This also applies to services and expenses of the hotel arranged by the customer to third parties. The agreed prices include the respective statutory sales tax.
  2. The hotel reserves the right to make room changes insofar as this is reasonable for the organizer, taking into account the hotel's interests.
  3. The hotel must be informed of a change in the number of participants for events of more than 5% no later than seven days before the start of the event; it requires the written consent of the hotel. In the event of an upward deviation, the actual number of participants will be calculated.
  4. The organizer may only bring food and drinks with the prior written consent of the hotel. In this case a service fee will be charged. (Corkage, cut money, etc.)
  5. Animals may only be brought into the hotel after express prior written agreement. Unless otherwise agreed with the customer, the hotel is entitled to request payment per animal per day based on the price list applicable at the time the service was provided. The hotel is entitled to refuse to perform the services agreed with the customer, to withdraw from the contract or to terminate the contract if animals are not allowed to be brought in.

III. Payment, set-off, assignment

  1. All hotel invoices are due without deduction within 14 days of receipt. If the aforementioned payment deadline is exceeded, the customer is in default without the need for a reminder. From the time of default, the hotel is entitled to charge default interest at the statutory rate (§ 288 BGB).
    For private individuals (consumers) this amounts to 5% points and if consumers are not involved (entrepreneurs) 8% points above the respective base interest rate per annum. The hotel reserves the right to claim higher damages.
  2. For guests without a written reservation confirmation from the hotel, the hotel is entitled to request an advance payment up to the expected total turnover upon arrival or in advance.
  3. The hotel is also entitled to make claims due at any time during the customer's stay in the hotel by issuing an interim invoice and to demand immediate payment. If the customer is in default after presenting the interim invoice, the hotel has the right to terminate the contract without notice.
  4. For agreed billing based on the reservation contract, a payment period of 14 days from the invoice date applies. The deposit must be made free of charge without any deductions. In the event of late payment, the same conditions apply as in point B.III.1.
  5. The hotel is entitled to require an advance payment of EUR 20 per person planned for events. The due date is agreed in writing in the appointment confirmation.

IV. Cancellation, withdrawal

  1. Cancellation by the customer of the contract concluded with the hotel requires the written form and the written consent of the hotel. If this does not take place, the agreed price from the contract must be paid even if the customer does not use contractual services. This does not apply in the event of a violation of the hotel's obligation to consider the rights, legal interests and interests of the customer, if the customer can no longer be expected to adhere to the contract or if there is another statutory or contractual right of withdrawal.
  2. If it has been contractually agreed that the customer can withdraw from the contract free of charge by a certain date, the hotel is in turn entitled to withdraw from the contract during the stipulated period if there are inquiries from other customers about the contractually booked rooms and the customer after request by the Hotel with an appropriate deadline does not waive its right to withdraw.
  3. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with the threat of rejection has expired, the hotel is also entitled to withdraw from the contract.
  4. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justifiable reasons. For example, there is one such important reason:
    • In the event of force majeure or other circumstances for which the hotel is not responsible, which make it impossible to fulfill the contract;
    • if hotel services were booked stating incorrect facts. This can be the customer's identity, solvency or the purpose of their stay;
    • the purpose or reason for the stay is illegal;
    • a prepayment owed was not made
  5. Reservations made to the customer by the hotel are subject to the following cancellation periods:
    Bookings with up to 7 hotel rooms per night are considered individual bookings. Bookings of more than 7 hotel rooms are considered group bookings.
    • Hotel guests:
      Individual bookings can be canceled free of charge up to the day of arrival, 6 p.m., 2 to 3 rooms can be canceled free of charge up to 5 days before arrival, 4 to 6 rooms can be canceled free of charge up to 14 days before arrival. From 7 rooms or more, free cancellation is only possible up to 30 days before arrival
    • Groups:
      Up to 4 weeks before arrival 100% of the booked room quota can be canceled free of charge, up to 2 weeks before arrival 50% of the booked room quota can be canceled free of charge, up to 1 week before arrival 20% of the booked room quota can be canceled free of charge. Up to the day of arrival, 10% of the booked room allocation, up to a maximum of 2 rooms, can be canceled free of charge. With every further cancellation as well as early departures and non-receipts 100% of the agreed room price is due.
    • Conferences:
      Free cancellation is possible up to 4 weeks before the start of the event. In the event of cancellation up to 2 weeks before the start of the event, 50% of the room rental or the booked room allocation plus 70% of the ordered services will be due for payment. For cancellations up to 1 week before the start of the event, 70% of the room rent or the booked room quota and 90% of the ordered services must be paid. In the event of cancellations less than 1 week before the start of the event, 90% of the room rent or the booked room allocation and 100% of the ordered services must be paid.
      The hotel allows "emergency cancellations" of up to 3% of the booked number of rooms, up to a maximum of 2 rooms, to be made free of charge up to 3 days before arrival. Any further cancellations, early departures and noshows will be charged 100%.
    • Banquet / events:
      In the event of cancellation, the hotel reserves the right to retain the prepayment as a lost profit.
      The following cancellation fees also apply:

      • up to 8 weeks before the start of the event: 30%
      • up to 4 weeks before the start of the event: 50%
      • up to 2 weeks before the start of the event: 75%
      • up to 1 week before the start of the event: 100%

      of the ordered services.
      In the event of a no-show, all agreed services will be charged 100%.

  6. The organizer reserves the right to prove less damage, the hotel reserves the right to prove higher damage.
  7. Reservations for tour operators and travel agents are generally subject to a withdrawal period of 30 calendar days before the start of the service. In individual cases, the hotel can agree a different withdrawal period in writing.

V. Liability of the customer

  1. The customer is liable to the hotel for losses and damage occurring during the contract period, unless the damage can be proven to be the responsibility of the hotel.
  2. Insofar as the hotel procures technical or other equipment for the customer from third parties, it acts on the authority and for the account of the customer; he is liable for the careful treatment and proper return of the facilities and releases the hotel from all third party claims arising from the transfer.
  3. The customer is obliged to take the necessary care when guiding and supervising introduced animals during his stay and to have the animal supervised by suitable third parties if necessary. The customer assures that there is liability insurance for damage caused by animals brought in for the duration of the stay in the hotel.
  4. Exhibits or other items, including personal items, that are carried are at the customer's risk in the event rooms or in the hotel. The hotel assumes no liability for loss, destruction or damage, including financial loss, except in the event of gross negligence or intent on the part of the hotel. This does not include damage to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this liability exemption. Apart from the cases mentioned in sentence 4, a custody contract requires an express agreement.
  5. Bringed decorative material and other items brought in by the customer must comply with the fire protection requirements and other official regulations. The hotel is entitled to request official proof of this. If such proof is not provided, the hotel is entitled to remove material already brought in at the customer's expense. Due to possible damage, the arrangement and attachment of objects must be agreed with the hotel in advance.
  6. Any exhibits or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may carry out the removal and storage at the customer's expense. If the objects remain in the event room, the hotel can charge an appropriate usage fee for the period of withholding the room. If the organizer or his guests have cardboard boxes, decorative items (e.g. balloons), gas bottles or similar. brought in or contamination occurs (e.g. from horses) and are not disposed of / disposed of by the organizer or his guests, the hotel is entitled to charge the organizer the costs incurred at an hourly rate of 35 euros. At least 50 euros will be charged.
  7. If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties in his area or himself. This applies accordingly if the customer is a legal entity under public law, party or trade union.
  8. The hotel can require the customer to provide adequate security (e.g. insurance, deposits, sureties).
  9. If music is used in the context of events, the organizer must register the event with GEMA if necessary. The hotel is exempt from all claims arising from unauthorized use of the rights of GEMA or third parties.

VI. Liability of the hotel

  1. Sections 701-703 of the German Civil Code apply to the liability of the hotel. Liability for other reasons is excluded, unless the hotel, its legal representatives or assistants caused damage intentionally or through gross negligence.
  2. The hotel is liable to the customer for items brought in according to the statutory provisions, i.e. up to a hundred times the room price, up to a maximum of € 3,500.00 and for cash and valuables up to € 800.00. Money and valuables can be kept in the hotel safe up to a maximum of € 10,000. The hotel recommends that you use this option. The liability claims expire if the customer does not immediately report the loss, destruction or damage to the hotel (§703 BGB). The statutory provisions apply to the unlimited liability of the hotel.
  3. Insofar as a parking space is made available to the customer in the hotel car park, no custody contract is concluded with the hotel. The hotel does not have to be monitored. The hotel is only liable for the loss, damage or destruction of vehicles parked in the hotel car park and their contents in the event of gross negligence or intent on the part of the hotel and / or its legal representatives and vicarious agents.
  4. The hotel carries out wake-up calls with the greatest care. Messages, mail and consignments for guests are handled with care. The hotel will take care of delivery, storage and, if required, forwarding of the same for a fee. The hotel's liability is only limited to cases of intent and gross negligence.
  5. Lost property will only be forwarded on request, at the customer's risk and expense. Otherwise, the items will be handed over to the finder after a six-month storage period. Credit cards found are broken into two parts and forwarded to the corresponding credit card company. For guests who still live in the hotel, the card must be secured and the guest informed of the find. If the customer has left, the card must be kept for a reasonable period (but not longer than 24 hours). Then it is treated like a credit card found. Objects that have been taken into custody and for which a luggage storage certificate has been issued are treated as found objects after 6 months. The hotel assumes no liability from this.
  6. The handling of food is subject to strict legal regulations.
    The Erlebnishotel "Zur Schiffsmühle" GmbH is therefore allowed to buy food that is already consumed
    were offered, do not offer again. These are to be disposed of in accordance with the statutory provisions. If the customer nevertheless wishes to take any remaining quantities of food / individual dishes from the operation of the Erlebnishotel "Zur Schiffsmühle" GmbH with them or offer them again, this is done at your own risk. The Erlebnishotel "Zur Schiffsmühle" GmbH expressly excludes any liability due to any adverse health effects that may occur with the guest himself or with third parties to whom the guest passes on these dishes. The client already provides the experience hotel "Zur Schiffsmühle" GmbH from
    all internal claims for damages by third parties are free.

C. Additional and final provisions

The hotel is entitled to reject foreign currency, checks and credit cards.
The following program items are prohibited on the entire area of the Erlebnishotel "Zur Schiffsmühle" GmbH: scattering confetti, rice or fake flowers, flowers and leaves etc. (real flowers can be scattered in front of the booked rooms, in this case BV6 applies). Should this nevertheless occur, the hotel is entitled to charge the organizer the costs incurred at an hourly rate of 35 euros. At least 50 euros will be charged.

Subsidiary agreements, changes or additions to the contract, the acceptance of applications or these terms and conditions for admission to the hotel must be made in writing. Unilateral changes or additions are ineffective.

The place of fulfillment and payment is the seat of the hotel.

German law applies.

Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, the determination of the others will become so
Provisions not affected. The ineffective provision is to be replaced by one,
that comes closest to what was originally intended.

In addition, the statutory provisions apply.

 

 

 

 

 

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