Conditions of Use

Terms and Conditions for Hotel Accommodation Contracts (AGBH) Alpine Beslhof OHG

I. Scope

    1. These Terms and Conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as any service provided to the customer for other services provided by the hotel (referred to below as the hotel).
    2. The subletting or letting of the rooms and their use for purposes other than accommodation require the prior written approval of the Hotel § 540 paragraph 1 sentence 2 German Civil Code is waived insofar as the customer is not a consumer.
    3. The customer's terms and conditions apply only if this has been expressly agreed in writing.

    II. Conclusion of Contract, Parties, Statute of Limitations

      1. The contract is concluded by the acceptance of the request from the customer by the hotel. The hotel is at liberty to confirm the room reservation in writing.
      2. Contractual parties are the hotel and the customer. If a third party placed the order, he is liable to the hotel together with the customer and severally liable for all obligations arising from the hotel accommodation contract, if the hotel has a corresponding statement by the third party.
      3. Any claims against the hotel shall lapse after one year from the commencement of the general statute of limitations of § 199 I BGB. Damage claims shall lapse, independent of knowledge in five years. The limitation periods shall not apply to claims which are based on an intentional or negligent breach of obligation.

      III. Services, prices, payment, compensation

        1. The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
        2. The customer is obligated to pay for the rooms provided and for other services used by him or agreed hotel prices. This also applies to services and outlays to third parties agreed upon by the customer.
        3. The agreed prices include applicable sales tax. If the period between conclusion and fulfillment of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, then the hotel may reasonably raise the contractually agreed price, but not by more than 5%.
        4. The prices can be changed by the hotel, if the customer later wishes to make changes to the number of rooms booked, the hotel's services, or length of stay and the hotel has consented to the changes.
        5. Hotel bills or maturity date within 10 days from receipt of the invoice without deduction. The hotel is entitled to call in accrued amounts due at any time and require immediate payment. If payment is delayed, the hotel is entitled to charge interest at the rate of 8% or, with legal transactions with a consumer is involved to calculate 5% above the base rate of the Deutsche Bundesbank. The hotel reserves the right to prove greater damage.
        6. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and payment dates may be agreed in writing in the contract.
        7. The customer can only offset or reduce an undisputed or legally enforceable claim against a claim by the hotel.

        IV. Repudiation by Customer (Cancellation, Annulment) / Failure to Use Hotel Services (No Show)

          1. Cancellation by the customer of the contract concluded with the hotel requires the hotels written consent. If not this, then the price agreed in the contract must also be paid if the customer does not contractual services. This does not apply to breach of the obligation to take into account the rights, objects of legal protection and interests of the customer, if this holding to the contract is no longer reasonable or another statutory or
            contractual cancellation right exists.
          2. To the extent the hotel and customer a date for rescinding the contract has been agreed in writing, the customer may cancel the contract up to that point, without incurring payment or damage compensation claims by the hotel. The right of rescission expires if he does not exercise his cancellation right in writing to the hotel by the agreed date, insofar as no case of cancellation under clause IV Section 1 set exists 3 Cancellation by
            the customer.
          3. When not used by the customer claim rooms, the hotel must credit the income from renting the rooms and also for saved expenses.
          4. The hotel is at liberty to flat-rate in emerging and compensation from the customer damage. The customer in this case is required to pay at least 80% of the agreed rate for lodging with breakfast, 70% at night with half board. The customer is at liberty to show that the above-mentioned claim was not created or not created in the amount demanded.

          V. Repudiation by Hotel

            1. If a right of rescission has been agreed in writing within a specified period, the hotel is entitled for its part in this period, to withdraw from the contract if inquiries from other customers regarding the contractually reserved rooms and the customer does not waive inquiry by the hotel on his right.
            2. The hotel is an agreed or above, according to IM.6 prepayment required is not forthcoming, is also entitled to withdraw from the contract.
            3. Furthermore, the hotel is entitled to effect extraordinary cancellation of the contract for materially justifiable cause, eg if - make it impossible to force majeure or other circumstances beyond the hotel is not the fulfillment of the contract. - Rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose of the booking. - The hotel has reasonable grounds to
              believe that use of the hotel's services might jeopardize the smooth operation, security, or the hotel's reputation in public, without being attributable to the management or organization of the hotel, a violation of I. Section 2 above exists.
            4. From justified cancellation by the hotel no requirement of the customer for damages.

            VI. Room Availability, Delivery and Return

              1. The customer has no right to be provided specific rooms.
              2. Reserved rooms are available to the customer from 15.00 clock on the agreed day of arrival. The customer has no right to earlier availability.
              3. On the agreed day of departure the rooms must be provided at 11.00 clock at the latest hotel keys. The hotel may ask about the loss thereby incurred in addition for the additional use of the room until 18.00 clock 50% of the full accommodation rate (list price) into account, from 18.00 clock 100%. The customer is at liberty to show the hotel that it incurred no or much lesser damages.

              VII. Liability of the Hotel

                1. The hotel is liable for the due care of a prudent businessman for his obligations under the contract. The customer's claims for damages are excluded. Does not include damages from injury to life, body or health, or when the hotel is responsible for the breach of duty, or other damages based on an intentional or grossly negligent breach of obligation. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor upon knowledge thereof or upon receiving a complaint of the customer to remedy the situation. The customer is obliged to do everything reasonable to contribute to correct the interference and to keep any possible damage at a minimum.
                2. For property brought into the hotel liable to the Customer in accordance with statutory provisions, ie, up to one hundred times the room rate, not exceeding EUR 3,500.00, for cash, securities and valuables up to EUR 800,00. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 German Civil Code). For a more extensive liability of the hotel above clause applies 1, sentences 2 to 4 shall apply accordingly.
                3. If the customer is a parking space in the hotel garage or a hotel parking lot, even if a fee is provided, this does not constitute a safekeeping agreement. For loss of or damage to hotel property parked or moving motor vehicles and their contents, the hotel is not liable, except for willful misconduct or gross negligence. This also applies to agents of the hotel.The above paragraph 1, sentence 2-4 shall apply accordingly.
                4. Wake-up calls are carried out with the utmost care. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and - on request - for a fee forward such items. The above paragraph 1, sentences 2 to 4 shall apply accordingly.

                VIII. Final Provisions

                1. Changes or additions to the contract, the acceptance of these 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. The exclusive place of jurisdiction - also for check and exchange disputes - commercial transactions, the seat of the hotel. If one party has the requirements of § 38 paragraph 1 ZPO and has no general jurisdiction in Germany, is regarded as the courts at the seat of the hotel.
                4. German law applies. The application of UN purchasing law and the law is excluded.
                5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or are not right, this shall not affect the validity of the remaining provisions. Moreover, the statutory provisions shall apply.
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                  +49 (0)8657 9835584


                  Alpenhotel Beslhof
                  Hinterseer Straße 45
                  D 83486 Ramsau/Berchtesgaden

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