Terms and conditions for
hotel accommodation
I. Scope
1. These terms and conditions apply to contracts for the rental of hotel rooms by the company Hotel Huntetal GmbH & Co. KG, hereinafter referred to as Wildeshauser Hof, for accommodation, as well as for all other services provided by Wildeshauser Hof in this context for the customer (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a of the German Civil Code (BGB).
2. The subletting or further rental of the provided premises, the use of the provided hotel rooms for purposes other than accommodation, public invitations or other advertising measures for job interviews, sales and similar events, and the use of hotel areas outside the rented rooms for the aforementioned events require prior express consent from Wildeshauser Hof and may be subject to payment of additional compensation. The right of termination according to § 540 para. 1 sentence 2 of the German Civil Code (BGB) is waived.
3. The general terms and conditions of the customer shall only apply if this has been expressly agreed beforehand.
II. Conclusion of contract, obligation to provide information
1. The contract is concluded by Wildeshauser Hof accepting the customer's application. Wildeshauser Hof is free to confirm the room reservation in written form. In the case of bookings through the Wildeshauser Hof website, the contract is concluded by clicking on the "Book now for a fee" button.
2. The customer is obliged to inform Wildeshauser Hof without being prompted, at the latest upon conclusion of the contract, if the use of hotel services is likely to endanger the smooth operation of business, safety, or the reputation of Wildeshauser Hof in the public eye.
III. Services, Prices, Payment, Offset
1. The customer is obliged to pay the prices agreed upon or applicable for the provision of rooms and any additional services used by the customer, as provided by Wildeshauser Hof. This also applies to services ordered directly by the customer or services ordered on behalf of the customer by Wildeshauser Hof and provided by third parties, the payment of which is advanced by Wildeshauser Hof.
2. The agreed prices include all taxes and local fees applicable at the time of the conclusion of the contract. However, additional local fees owed by the guest under municipal law, such as tourist taxes, are not included. In the event of a change in the statutory value-added tax or the introduction, modification or abolition of local fees in relation to the subject matter of the services after the conclusion of the contract, the prices will be adjusted accordingly.
3. If payment on invoice has been agreed, payment must be made within ten days of receipt of the invoice, unless otherwise agreed. The customer agrees to receive the invoice electronically.
4. For each reminder following a default in payment, the customer shall reimburse Wildeshauser Hof for reminder costs in the amount of €5. The customer is free to provide evidence that no or significantly lower costs have been incurred. In the case of customers who are not consumers, Wildeshauser Hof may alternatively assert the claim under § 288 para. 5 of the German Civil Code (BGB).
5. For each invoice correction, we charge a service fee of €8 unless the reason for the correction lies in our responsibility. Customers are free to provide evidence that no or significantly lower costs have been incurred.
6. Wildeshauser Hof is entitled to demand an appropriate advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed upon in written form in the contract.
7. In justified cases, such as the customer's payment arrears or an expansion of the scope of the contract, Wildeshauser Hof is entitled to demand an advance payment or security deposit in accordance with paragraph 5 above or an increase in the agreed upon advance payment or security deposit up to the full agreed fee until the beginning of the stay, even after the conclusion of the contract.
8. Furthermore, at the beginning and during the stay, Wildeshauser Hof is entitled to demand an appropriate advance payment or security deposit from the customer in accordance with the paragraph 5 above, provided that this has not already been made in accordance with the previous paragraphs 5 and/or 6.
9. The customer can only set off or offset with an undisputed or legally established claim against a claim from Wildeshauser Hof.
IV. Cancellation/Termination by the Customer ("Cancellation")/ Non-Utilization of Services by Wildeshauser Hof ("No Show")
1. The customer can only unilaterally terminate the contract concluded with Wildeshauser Hof if the contract expressly provides for a right of withdrawal or there is a legal right of withdrawal or termination. The agreement of a right of withdrawal as well as the possible consent of Wildeshauser Hof to a termination of the contract must be made in written form each time.
2. If a deadline for a free cancellation has been agreed, the customer can cancel the contract until then without triggering any payment or damages claims by Wildeshauser Hof. The customer's right of withdrawal expires if he does not exercise it in written form to Wildeshauser Hof by the agreed deadline.
3. If a right of withdrawal has not been agreed or has already expired and Wildeshauser Hof does not agree to a termination of the contract, there is also no legal right of withdrawal or termination and Wildeshauser Hof retains the right to the agreed remuneration despite the non-utilization of the service. Wildeshauser Hof must credit the income from the other rental of the rooms as well as the saved expenses. If the rooms are not rented out otherwise, Wildeshauser Hof can demand the contractually agreed remuneration and can lump-sum the deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with external services, and 70% for half-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the extent demanded.
V. Cancellation by Wildeshauser Hof
1. If it has been contractually agreed that the customer can cancel the contract free of charge until a certain date, Wildeshauser Hof is also entitled to cancel the contract in whole or in part by this time if another customer requests the contractually booked rooms and the customer, when asked by Wildeshauser Hof with a reasonable deadline, does not waive his right to cancel. This also applies to the granting of an option if another request is received and the customer, when asked by Wildeshauser Hof with a reasonable deadline, is not willing to make a firm booking.
2. Furthermore, Wildeshauser Hof is entitled to cancel the contract for a justifiable reason, in particular if
• Force majeure or other circumstances beyond Wildeshauser Hof's control make it impossible to fulfill the contract;
• Hotel services were booked based on misleading or false information or by concealing essential facts of the contract. Essential contract facts can be the customer's identity, his ability to pay or the purpose of his stay;
• Wildeshauser Hof has reasonable grounds to believe that the use of hotel services may endanger smooth business operations, safety or the reputation of Wildeshauser Hof in the public eye, without this being attributable to Wildeshauser Hof's sphere of control or organization;
• The purpose or cause of the stay is illegal;
• There is a breach of Clause I No. 2;
A required advance payment agreed or demanded according to the above Clause III Nos. 5 and/or 6 has not been made even after a reasonable deadline set by Wildeshauser Hof has elapsed.
3. Unauthorized job interviews, sales and similar events may be prevented or interrupted by Wildeshauser Hof.
4. The legitimate cancellation by Wildeshauser Hof or the prevention of an unauthorized event according to the above No. 3 does not give the customer a right to compensation for damages.
5. If Wildeshauser Hof is entitled to a claim for damages against the customer in the event of cancellation under the above clause 2, Wildeshauser Hof may make a lump sum claim. Clause IV No. 3 Sentences 2 to 5 shall apply accordingly in this case.
VI. Room provision, handover and return
1. The customer does not acquire a right to the provision of specific rooms, unless this has been expressly agreed.
2. Subject to the express agreement of an earlier provision time, the booked rooms are available to the customer from 3:00 pm on the agreed day of arrival. If a later arrival time has not been expressly agreed or the relevant room has not been prepaid, Wildeshauser Hof has the right to assign the booked rooms to other guests after 6:00 pm without the customer being able to derive any claim against Wildeshauser Hof. There is no obligation to assign the room to another guest.
3. On the agreed day of departure, the rooms must be vacated by the customer and made available to Wildeshauser Hof no later than 11:00 am. The use of the room beyond this time for a fee, subject to availability, can be arranged with Wildeshauser Hof.
4. If the customer uses the room beyond 11:00 am without having made an explicit agreement with Wildeshauser Hof beforehand, Wildeshauser Hof may charge the customer 50% of the full list price for the contractually exceeding use until 6:00 pm (at least the fee according to the above-mentioned No. 3), and at least 80% from 6:00 pm onwards. This does not establish any contractual claims by the customer. The customer is free to demonstrate that Wildeshauser Hof has not incurred any usage fees or has incurred substantially lower fees.
5. A service fee of 25.00 € will be charged for each affected room for a nighttime check in outside the opening hours of Wildeshauser Hof by an on-call service or an on-call night porter.
VII. Liability of Wildeshauser Hof
1. Wildeshauser Hof shall be liable for damages resulting from a breach of life, body or health, for other damages resulting from intentional or grossly negligent violation of obligations, as well as for damages resulting from intentional or negligent violation of obligations that are typical of the contract. Contractual obligations are those that enable proper performance of the contract and on whose fulfillment the customer can and may rely on. A breach of obligation by Wildeshauser Hof shall be equivalent to a breach by its legal representatives or vicarious agents. Any further claims for damages, unless otherwise stated in this clause VII, shall be excluded. In case there are any interferences or defects in the services provided by Wildeshauser Hof, Wildeshauser Hof will make an effort to remedy the situation as soon as it becomes aware of it or on prompt notice by the customer. The customer is obliged to contribute to remedying the disturbance and to keeping any potential damage to a minimum. Furthermore, the customer is obliged to notify Wildeshauser Hof in good time of the possibility of an extraordinarily high damage.
2. Wildeshauser Hof shall be liable for items brought in by the customer in accordance with statutory provisions.
3. Items left behind by the customer shall only be sent back upon request, at the customer's own risk and cost (shipping costs plus a handling fee of at least € 15, depending on the effort required). Wildeshauser Hof will keep the items for three months; thereafter, if there is a recognizable value, they will be handed over to the local lost property office. If the lost property office is not willing to take them, the items will be kept for a further nine months and then either disposed of or destroyed. The liability of Wildeshauser Hof shall be governed by the above-mentioned No. 1 Sentences 1 to 5 accordingly.
4. If the customer is provided with a parking space on the hotel car park, even for a fee, this does not constitute a safekeeping agreement. Wildeshauser Hof has no duty to supervise. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, Wildeshauser Hof shall only be liable in accordance with the provisions set out in the above paragraphs 1 Sentences 1 to 5. Any damages shall be reported immediately to Wildeshauser Hof.
5. Wake-up calls are executed with the greatest care by Wildeshauser Hof. Messages, mail and merchandise shipments for guests are handled with care. Wildeshauser Hof assumes responsibility for delivery, storage (however, only after prior agreement for merchandise shipments) and, upon request and for a fee, the forwarding of the same. The liability of Wildeshauser Hof shall be governed by the above-mentioned No. 1 Sentences 1 to 5 accordingly.
VIII. Final Provisions
1. Changes or additions to the contract or these general terms and conditions shall be made in writing. One-sided changes or additions by the customer shall be ineffective.
2. If the customer is a merchant or a legal entity under public law, Wildeshausen shall be the exclusive place of jurisdiction. The same shall apply to customers who have their registered office or domicile in a member state of the EU.
3. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflicts of law is excluded.
4. Wildeshauser Hof does not participate in dispute resolution procedures before consumer arbitration boards.
5. Should individual provisions of these general terms and conditions for hotel accommodation be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
