General Terms and Conditions

Terms of Service

of the hotel “Erbenhof” (formerly “Am Frauenplan”) for the hotel accommodation contract

  1. Scope
    • These terms and conditions apply to the contracts for the leasing of hotel rooms for accomodation as well as all other services and deliveries of the hotel provided to the customer.
    • The subletting or re-letting of the provided rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel.
    • Terms and conditions of the customer apply only if previously agreed.
  2. Contract conclusion, partner, liability; limitation
    • The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in writing.
    • Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the hotel together with the customer as the joint debtor for all obligations under the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.
    • The hotel is liable for its obligations under the contract. In the non-performance area, the liability is limited to intent and gross negligence of the hotel.
    • The limitation period for all claims of the customer is 6 months.
    • This limitation of liability and short limitation period apply in favor of the hotel also in the case of breach of obligations in the contract initiation and positive breach of contract.
  3. Services, prices, payment, offsetting
    • The hotel is obliged to keep the rooms reserved by the customer available and to provide the agreed services.
    • The accommodation prices as well as the prices for additional services are due for payment in advance at the latest upon the guest’s arrival at the hotel, irrespective of the date of invoicing and the duration of the stay. In the event of late payment, the hotel shall be entitled, if required by law, to terminate the accommodation contract with immediate effect after prior warning, whereupon the guest must vacate the hotel room immediately.
    • The customer is obliged to pay the applicable or agreed hotel prices for the room rental and the other services used by him. This also applies to services provided by the customer and expenses of the hotel to third parties.
    • Prices may also be changed by the hotel if the customer subsequently requests changes to the number of booked rooms, the hotel’s service or the length of stay of the guests and the hotel agrees.
    • Invoices of the hotel without a due date are payable within 10 days from receipt of the invoice without deduction. The hotel is entitled to call for accrued claims at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at the rate of 4% above the respective base interest rate or the corresponding successor interest rate of the European Central Bank. The customer reserves the proof of a lower, the hotel of a higher damage reserved.
    • The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
    • The customer can offset or reduce only with an undisputed or legally enforceable claim against a claim of the hotel.
  4. Resignation of the customer (cancellation)
    • A resignation of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not the case, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This does not apply in cases of delayed performance of the hotel or any impossibility of providing services for which it is responsible.
    • Insofar as an appointment to withdraw from the contract has been agreed in writing between the hotel and the customer, the customer can by then withdraw from the contract without triggering payment or damage claims of the hotel. The customer’s right of withdrawal lapses if he does not exercise his right to withdraw from the contract in writing vis-à-vis the hotel by the agreed date, unless there is a case of delayed performance of the hotel or an impossibility to provide services.
    • In the case of rooms not used by the customer, the hotel shall charge the income from other rental of the rooms as well as the saved expenses.
    • The hotel is free to generalize the damage incurred by the customer and to be compensated by the customer. The customer is then obliged to pay 80% of the contractually agreed price for accommodation with or without breakfast. The customer is free to prove that no damage has occurred or that the damage incurred by the hotel is lower than the required lump sum.
    • The free cancellation period ends: 1-3 rooms – 2 days before arrival, 4-7 rooms – 14 days before arrival, 8-14 rooms – 8 weeks before arrival and from 15 rooms – 4 months before arrival.
      This also applies to shortening before arrival and during the stay with the same deadline.
  5. Resignation of the hotel
    • If a right of withdrawal of the customer within a certain period was agreed in writing, the hotel is in this period in turn entitled to withdraw from the contract, if inquiries from other customers to the contractually booked rooms are available and the customer on request of the hotel on his right to resign.
    • If an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with the threat of refusal, the hotel is also entitled to withdraw from the contract.
    • Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, for example, if – force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible – room misleading or misrepresentation of material facts, e.g. in the person of the customer or the purpose to be booked; – the hotel has justified cause to believe that the use of the hotel services can jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the domain or organization of the hotel; – there is a violation of the above scope of paragraph 1.2.
    • The hotel must notify the customer of the exercise of the right of withdrawal without delay.
    • In case of justified cancellation of the hotel no claim of the customer for compensation for damages arises.
  6. Room preparation, handover, return
    • The customer does not acquire the right to provide certain rooms.
    • Booked rooms are available to the customer from 3 pm on the agreed arrival day. The customer has no right to earlier availability.
    • On the agreed departure day, the rooms are to be vacated at the latest by 11am. Thereafter, in addition to the damage resulting therefrom, the hotel may charge 50% of the full accommodation price (list price) until 6 pm for the additional use of the room, from 18.00 o’clock 100%. The customer is free to prove to the hotel that no or a significantly lower damage has occurred.
  7. Liability of the hotel
    • The hotel is responsible for the care of a proper businessman. This liability is in the non-performance area, but limited to defects in performance, damage, consequential damage or disruption, which are due to intent or gross negligence of the hotel. In the event of any disruption or defect in the services provided by the hotel, the hotel will make every effort to remedy the situation, if the customer knows or is promptly notified. The customer is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize possible damage.
    • For objects brought in the hotel is liable to the customer in accordance with the statutory provisions of §§ 701 ff. BGB at most up to the amount of 3,500.00 EUR. For money, securities and valuables, the amount of EUR 3,500.00 will be replaced by EUR 800.00.
      If the guest wishes to contribute money, securities and valuables with a value of more than EUR 800.00 or other items with a value of more than EUR 3,500.00, this requires a separate retention agreement with the hotel. A storage in the hotel or room safe is generally recommended. For the unlimited liability of the hotel the legal regulations apply.
    • Insofar as the customer is provided with a parking space in the hotel garage or on a hotel car park, also for a fee, this does not constitute a custody agreement. In case of loss or damage on the hotel grounds parked or shunted vehicles and their contents, the hotel is not liable, except in case of intent or gross negligence. This also applies to vicarious agents of the hotel.
    • Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
    • Messages, mail and merchandise for guests are treated with care. The hotel will take over the delivery, storage and – if desired – for a fee the forwarding of the same. Claims for damages, except for gross negligence or intent, are excluded.
  8. Others
    • All rooms in the hotel “Erbenhof” are strictly non-smoking rooms. If guests nevertheless smoke in the room, we will charge the room guest 200.00 EUR for cleaning costs (curtains, furniture, etc.). If the room cannot be rented the next day due to the strong smell of smoke, an additional night will be charged according to the hotel rates.
    • Pets are not allowed throughout the hotel.
  9. Final provisions
    • Changes or additions to the contract, the acceptance of the application or this for the hotel reception should be made in writing. Unilateral changes or additions by the customer are invalid.
    • Place of fulfillment and payment is the seat of the hotel.
    • Exclusive place of jurisdiction – also for check and Wechselstreitigkeiten- is in the commercial traffic the seat of the hotel.
    • German law applies.
    • Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.