General terms and conditions

of Wunnerswat Betriebs GmbH (Hotel Wunnerswat) for the provision of hotel rooms for accommodation.
Status of the General Terms and Conditions of Wunnerswat Betriebs GmbH as of 15.08.2019.

I. Scope of application
1. these terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as to all services and deliveries provided to the customer by the hotel.
2. The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel, whereby Section 540 (1) Sentence 2 of the German Civil Code (BGB) shall be waived insofar as the customer is not a consumer.
3. the customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II Conclusion of Contract, Contracting Parties, Statute of Limitations
1. The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm room reservations in writing.
2. The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel shall become statute-barred one year after the beginning of the regular statute of limitations according to § 199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after five years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III Services, Prices, Payment, Offsetting
1. The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obligated to pay the prices of the hotel applicable or agreed upon for the provision of the rooms and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. The agreed prices include the respective statutory value-added tax. If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but not by more than 5%.
4. prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel’s services or the guests’ length of stay, and the hotel agrees to such changes.
5. invoices of the hotel are payable immediately without deduction. The hotel is entitled to call in accrued receivables at any time and to demand payment without delay. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears. The hotel reserves the right to prove higher damages. 6.
6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer may only offset or reduce a claim of the hotel with a claim that has been acknowledged in writing or has been legally established.

IV. Withdrawal of the customer (i.e. cancellation) / non-utilization of the hotel’s services.
1. withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract is to be paid even if the customer does not use contractual services. This shall not apply in the event of a breach of the hotel’s obligation to show consideration for the rights, legal assets and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of rescission.
2. if the hotel and the customer have agreed in writing on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer’s right to withdraw from the contract shall expire if he does not exercise his right to withdraw from the contract vis-à-vis the hotel by the agreed date, unless a case of withdrawal by the customer pursuant to No. 1, sentence 3 applies.
3. in the case of rooms not used by the customer, the hotel shall credit the income from renting the rooms to other parties as well as the saved expenses.
4. The hotel is free to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board arrangements and 60% for full-board arrangements. The customer is free to prove that the above claim has not arisen or has not arisen in the amount claimed.

V. Cancellation by the hotel
1. if the customer’s right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the hotel is entitled for its part to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon further inquiries by the hotel.
2. If an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 above is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons if
a. force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
b. the fulfillment would result in a business loss, this particularly affects individually made price agreements that deviate from the respective specifications
c. rooms are booked under misleading or false information of essential facts, e.g. in the person of the customer or the purpose of the stay
d. the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization
e. there is a violation of clause no. 2 above.
4. in the event of justified withdrawal pursuant to clause 3 above, the customer shall have no claim for damages against the hotel.

VI. room provision, handover and return
1. The customer is not entitled to the provision of specific rooms.
2. booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.

VII Liability of the Hotel
1. the hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by the hotel and damages resulting from an intentional or negligent breach of typical contractual duties by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and minimize any possible damage.
2. the hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500.00, and for money, securities and valuables up to € 800.00. money, securities and valuables can be stored in the hotel or room safe. The hotel recommends making use of this possibility. However, this does not result in any liability claims.
3. Insofar as a parking space is made available to the customer in the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel’s property and their contents, except in cases of intent or gross negligence. 4. messages, mail and merchandise shipments for the guests will be handled with care. The hotel will take care of delivery, storage and – if requested – forwarding of the same against payment. Wake-up calls shall be executed by the hotel with the utmost care. Paragraph 1, sentences 2 to 4 above shall apply accordingly.

VIII Final Provisions
1. Any amendments or additions to the contract, the acceptance of the application, or these Terms and Conditions for Hotel Accommodation, as well as any waiver of the written form requirement, must be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment shall be the registered office of the hotel.
3. The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – for commercial transactions shall be the registered office of the hotel. If a contracting party fulfills the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the Conflict of Laws shall be excluded.
5. Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions of these General Terms and Conditions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective pursued by the Hotel with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that these General Terms and Conditions prove to be incomplete. In all other respects, the statutory provisions shall apply.