Terms and Conditions

General Terms and Conditions for the Hotel Accommodation Contract

1. 1. Scope

   1. 1.1These terms and conditions apply to contracts for the letting of hotel rooms for accommodation, as well as to all other services and supplies provided by the hotel to the customer in this context (hotel accommodation contract). The term „hotel accommodation contract“ encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract and hotel room contract.
   2. 1.2The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, requires the hotel’s prior written consent, whereby Section 540(1), second sentence, of the German Civil Code (BGB) is excluded insofar as the customer is not a consumer.
   3. 1.3The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

2. 2. Conclusion of a contract, contracting parties, limitation period

   1. 2.1The contracting parties are the hotel and the customer. The contract is formed upon the hotel’s acceptance of the customer’s booking request. The hotel is free to confirm the room booking in writing.
   2. 2.2All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages are subject to a limitation period of five years, depending on when the hotel becomes aware of the claim, provided they do not relate to injury to life, limb, health or personal liberty. Such claims for damages are subject to a limitation period of ten years, irrespective of when the hotel becomes aware of the claim. The shortened limitation periods do not apply to claims arising from an intentional or grossly negligent breach of duty by the hotel.

3. 3. Services, Prices, Payment, Set-off

   1. 3.1The hotel is obliged to keep the rooms booked by the guest available and to provide the agreed services.
   2. 3.2The guest is obliged to pay the hotel’s agreed or applicable rates for the provision of the room and any other services used by them. This also applies to services commissioned by the guest directly or via the hotel, which are provided by third parties and paid for in advance by the hotel.
   3. 3.3The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local charges which, under the relevant local authority legislation, are payable by the guest themselves, such as tourist tax. In the event of a change in statutory value-added tax or the introduction, amendment or abolition of local charges on the subject matter of the contract after the contract has been concluded, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion of the contract and its performance exceeds four months.
   4. 3.4The hotel may make its consent to a subsequent reduction, requested by the guest, in the number of rooms booked, the hotel’s services or the length of the guest’s stay conditional upon an increase in the price of the rooms and/or the hotel’s other services.
   5. 3.5Hotel invoices without a due date are payable in full within ten days of receipt. The hotel may at any time require the customer to pay outstanding amounts immediately. In the event of late payment, the hotel is entitled to charge the applicable statutory interest on arrears, which currently stands at 8 % or, in the case of legal transactions involving a consumer, at 5 % above the base rate. The hotel reserves the right to prove that it has suffered greater loss.
   6. 3.6The hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the case of advance payments or security deposits for package holidays, the statutory provisions remain unaffected.
   7. 3.7In justified cases, for example where the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after the contract has been concluded and up to the start of the stay, to demand an advance payment or security deposit as defined in clause 3.6 above, or to increase the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
   8. 3.8The hotel is also entitled, at the start of and during the guest’s stay, to require the guest to make a reasonable advance payment or provide security in accordance with clause 3.6 above to cover existing and future claims arising from the contract, provided that such payment has not already been made in accordance with clause 3.6 and/or clause 3.7 above.
   9. 3.9The customer may only set off or offset a claim against a claim by the hotel if that claim is undisputed or has become final and binding.

4. 4. Cancellation by the customer (withdrawal, cancellation) / Failure to make use of the hotel’s services (no-show)

   1. 4.1The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if there is another statutory right of withdrawal, or if the hotel expressly consents to the termination of the contract. Any agreement on a right of withdrawal, as well as any consent to the termination of the contract, must be made in writing.
   2. 4.2Provided that a deadline for withdrawing from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract by that date without giving rise to any claims for payment or compensation by the hotel. The customer’s right of cancellation lapses if they do not exercise their right to cancel with the hotel by the agreed date.
   3. 4.3If no right of withdrawal has been agreed or has already lapsed, and there is no statutory right of withdrawal or termination, and the hotel does not consent to the cancellation of the contract, the hotel retains the right to claim the agreed remuneration despite the service not having been used. The hotel must set off any income derived from letting the rooms to other guests, as well as any expenses saved. If the rooms are not let to other guests, the hotel may apply a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay at least the following percentages of the contractually agreed price:

      Fixed cancellation charges for non-utilisation

      Type of service	Proportion of the agreed price
      Accommodation with or without breakfast, as well as package deals including services provided by third parties	90 %
      Half-board packages	70 %
      Full-board packages	60 %

      The customer is free to prove that the aforementioned claim has not arisen, or has not arisen in the amount claimed.

5. 5. Cancellation by the hotel

   1. 5.1Where it has been agreed that the customer may withdraw from the contract free of charge within a specified period, the hotel is, for its part, entitled to withdraw from the contract during this period if there are enquiries from other customers regarding the rooms booked under the contract and the customer, upon being asked by the hotel and given a reasonable deadline, does not waive their right to withdraw.
   2. 5.2If an advance payment or security deposit agreed or required in accordance with clause 3.6 and/or clause 3.7 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
   3. 5.3Furthermore, the hotel is entitled to terminate the contract without notice on objectively justified grounds, in particular if
      • force majeure or other circumstances beyond the hotel’s control render the performance of the contract impossible;
      • rooms are booked through wilful provision of misleading or false information or by concealing material facts; such material facts may include the customer’s identity, financial standing or the purpose of their stay;
      • the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the safety or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organisational remit;
      • the purpose or reason for the stay is unlawful;
      • there has been a breach of clause 1.2 above.
   4. 5.4The hotel’s justified cancellation does not entitle the customer to claim compensation.

6. 6. Room allocation, handover and return

   1. 6.1The customer shall not be entitled to the provision of specific rooms, unless this has been expressly agreed.
   2. 6.2Booked rooms are available to the guest from 3.00 pm on the agreed day of arrival. The guest is not entitled to check in earlier.
   3. 6.3On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50 % of the full accommodation rate (list price) for its use beyond the terms of the contract until 6.00 pm, and 90 % from 6.00 pm onwards. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel has incurred no charge for use, or a significantly lower charge.

7. 7. The hotel’s liability

   1. 7.1The hotel shall be liable for damage resulting from loss of life, bodily injury or damage to health for which it is responsible. Furthermore, it shall be liable for any other damage resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of the hotel’s duties typical of the contract. A breach of duty by the hotel is deemed equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should any disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation upon becoming aware of them or upon immediate notification by the customer. The customer is obliged to do all that can reasonably be expected of them to remedy the disruption and minimise any potential damage.
   2. 7.2The hotel is liable to the guest for items brought onto the premises in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. Should a guest wish to bring in cash, securities and valuables worth more than 800 euros, or other items worth more than 3,500 euros, a separate storage agreement with the hotel is required.
   3. 7.3Where a parking space is made available to the guest in the hotel garage or in the hotel car park, whether for a fee or not, this does not constitute a contract of safekeeping. In the event of loss or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel shall only be liable in accordance with clause 7.1, sentences 1 to 4, above.
   4. 7.4Wake-up calls are carried out by the hotel with the utmost care. Messages, post and parcels for guests are handled with care. The hotel undertakes to deliver, store and – upon request – forward such items for a fee. The hotel shall only be liable in this regard in accordance with the provisions of clause 7.1, sentences 1 to 4, above.

8. 8. Entry into the prize draw

   The following terms and conditions of entry apply to our „Facebook competition“.

   1. 8.1 General information

      Entry to the competition on the „Wander- und Aktivhotel Adambräu“ Facebook fan page is only possible subject to these terms and conditions. The competition is neither sponsored by Facebook nor is it in any way associated with Facebook.

      Furthermore, the voucher will be issued subject to availability. It can only be redeemed by prior appointment. It is not possible to visit without prior contact.

   2. 8.2 Entry requirements

      The competition is open to all natural persons with legal capacity who are aged 14 or over. By entering, the participant agrees that, should they win, their name will be published. Entries may only be submitted within the timeframe specified in the competition details. The decision is final and no correspondence will be entered into.

   3. 8.3 Profit

      As stated in the competition terms and conditions, the prize will be awarded by prize draw. The prize cannot be altered or exchanged for cash. We will notify the winner via Facebook, our website and/or as described in the competition rules. Furthermore, the winner’s name will be published on our Facebook page and our website. By entering the competition, you agree to these terms.

      The winner will be announced here: www.adam-braeu.de/agb as well as in the relevant competition post once the competition has ended. Where possible, the winner will also be tagged in a comment or contacted directly. By taking part, you give your consent to this.

      If the winner does not come forward within 20 working days, the prize will be forfeited without replacement.

   4. 8.4 Liability

      Claims for damages against the organiser, or against the businesses that donate the prize or are associated with the competition, are excluded – to the extent permitted by law – regardless of the legal basis, unless the organiser has breached statutory obligations intentionally or through gross negligence. Furthermore, the organiser shall not be liable for any damage resulting from the disruption to the availability of the competition website due to technical faults beyond its control, events of force majeure, or attacks by third parties on the competition website. However, the organiser will make every effort to ensure the reliability and functionality of the competition website. Furthermore, the organiser does not guarantee that the competition website will function properly on the participant’s computer.

   5. 8.5 Data Protection

      The organiser shall ensure the highest possible standard of data protection in connection with the competition and shall comply with all relevant legal provisions in this regard. The organiser will not pass on any personal data to third parties or sell any address details. The organiser stores the personal data of each participant solely for the purposes of the prize draw. The participant hereby expressly consents to the storage and use of the personal data provided for the aforementioned purpose. Furthermore, we would like to clarify that no personal data is collected outside of Facebook through this competition.

   6. 8.6 Severability clause

      Should any individual provisions of these terms and conditions of participation be invalid, or should there be any omission, this shall not affect the validity of the remaining provisions. The invalid or missing provisions shall be replaced by a provision that most closely reflects the purpose of the contract and the statutory provisions.

   7. 8.7 Jurisdiction / Applicable law

      In the event of any disputes, German law shall apply exclusively. To the extent permitted by law, the place of jurisdiction shall be the registered office of Ernstlhof. Should the participant not have a general place of jurisdiction in Germany, or should they move their place of residence abroad after taking part, the organiser’s registered office shall likewise be agreed as the place of jurisdiction.

   8. 8.8 Selection process

      The winners will be selected using a random number generator (random.org) from amongst all those who, as specified, are fans of the named Facebook pages at the time of the draw, and who have „liked“ the post as described. Anyone who visibly shares the post will be entered twice. However, sharing is not compulsory. As always, the decision is final and no legal recourse is available.

   9. 8.9 Contact

      If you have any questions regarding the running of this competition or the processing and use of personal data, please contact:

      pongratz@adam-braeu.de or directly via a Facebook message.

   As at 30 May 2018

9. 9. Final Provisions

   1. 9.1Any amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions must be made in writing. Unilateral amendments or additions made by the customer shall be invalid.
   2. 9.2The place of performance and payment, as well as the exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange – in commercial transactions is:
      Hotel Adam-Bräu e. K.
      Susanne Adam
      49–53 Bahnhofstraße
      94249 Bodenmais
      Where a contracting party meets the requirement set out in Section 38(2) of the Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall also be Hotel Adam-Bräu e. K., Susanne Adam, Bahnhofstraße 49–53, 94249 Bodenmais.
   3. 9.3German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the law on conflicts of law is excluded.
   4. 9.4Should any 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 shall apply.

© German Hotel Association (IHA) e.V. · Last updated: April 2012