General terms and conditions

Hotel Vier Jahreszeiten am Schluchsee, Hetzel-Hotel Hochschwarzwald GmbH & Co. KG, personally liable partner; Hetzel-Hotel-Hochschwarzwald Beteiligungs-GmbH, Managing Director Helmut W. Schweimler, Am Riesenbühl 4, D-79859 Schluchsee Stuttgart Local Court, registration number HRA 10.011, HRB 4159, VAT ID no.: DE147513573

I. Scope of application, contractual parties
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.
2. The sub-letting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel, whereby sentence 2 of Section 540 (1) of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
3. The business relationship between us, the Hotel Vier Jahreszeiten am Schluchsee, Am Riesenbühl 4, 79859 Schluchsee (in these GTC the “hotel”, the “service provider” or “we”) and the contractual partner (in these GTC the “customer” or “you”) shall be governed exclusively by the following general terms and conditions in the version which is valid at the time of the placing of the order and/or booking. Deviating conditions and contractual offers of the customer are hereby rejected.

II. Conclusion of contract, liability of contractual parties / statute of limitations
1. The contract is concluded by the hotel’s acceptance of the request of the contractual party. The hotel is free to confirm the room booking in writing.
2. The contractual parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, such party shall be liable to the hotel together with the customer as joint and several debtor 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 are generally subject to a period of limitation of one year from the start of the knowledge-based standard period of limitation as stipulated in Section 199 (1) BGB. Claims for damages are subject to a period of limitation of 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 obliged to ensure that the rooms booked by the customer are ready for use and to provide the agreed services.
2. The customer is obliged to pay the prices of the hotel applicable or agreed for the provision of the room and the other services that s/he uses. This also applies to services and use of the hotel to the benefit of third parties that are arranged by the customer.
3. The agreed prices include the respectively applicable rate of value added tax. If the period between the conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel is permitted to increase the contractually agreed price by an amount not exceeding 10%.
4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the service provided by the hotel or the length of stay of the guests, and the hotel agrees to this.
5. Invoices of the hotel not indicating a due date are payable immediately within 10 days of receipt of the invoice without discounts. The hotel is entitled to call in outstanding receivables at any time and to demand their immediate payment. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest which is applicable at the time. The hotel reserves the right to prove a higher degree of damage.
6. The hotel is entitled to request a reasonable advance payment or security deposit from the customer upon the conclusion of the contract. This may be done in the form of a credit card guarantee, for example. The sum total of the advance payment and the payment dates shall be agreed in writing in the contract.
7. The customer may only offset or reduce a receivable of the hotel with an undisputed or legally binding receivable.

IV. Withdrawal of the customer (cancellation) / non-utilisation of the services of the hotel
1. The withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not provided, the price agreed in the contract must be paid, even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the obligation of the hotel to consider the rights, legal assets and interests of the customer if the customer can no longer reasonably be expected to comply with the contract as a result or is entitled to another statutory or contractual right of withdrawal.
2. If a deadline for withdrawal from the contract at no cost has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that deadline without causing any claims for payment or damages on the part of the hotel. The customer’s right of withdrawal shall expire if s/he fails to exercise his or her right of withdrawal in writing vis-à-vis the hotel by the agreed date or in the case of bookings of specific price categories, such as early bird prices with immediate payment, unless the customer withdraws in accordance with number (1) sentence (3).
3. The hotel is at liberty to demand the contractually agreed payment and to make a fixed-rate deduction for saved expenses. The following cancellation periods apply to the hotel: up to 7 days before arrival free of charge, after which 80% of the total booked price may be charged. Exceptions are bookings in certain price categories, such as the early bird prices, to which immediate payment without the possibility of repayment applies. The provisions in the respective price descriptions apply. The customer is free to prove that the above claim did not arise or did not arise in the amount which is claimed.

V. Withdrawal of the hotel
1. Insofar as the right of the customer to withdraw free of charge within a certain period has been agreed in writing, the hotel shall itself be entitled to withdraw from the contract during this period if there are enquiries from other customers about the contractually booked rooms and the customer does not waive his or her right to withdraw upon being asked by the hotel.
2. If an agreed advance payment or an advance payment requested according to clause (III) no. (6) above is not made, also after expiry 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 factually justifiable reasons, for example if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; - rooms are booked under the provision of false or misleading information, e.g. regarding the personal details of the customer or the purpose;
- the hotel has reasonable grounds to believe that the use of the hotel service may jeopardise the smooth operation of the business, the security or safety of, or the public reputation of the hotel, without this being attributable to the sphere of influence and/or organisation of the hotel. - there is a breach of clause (I) no. (2) above. 4. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VI. Provision, handover and return of rooms
1. The customer shall not acquire any claim to the provision of specific rooms.
2. Booked rooms shall be available to the customer from 3.00 pm on the agreed day of arrival. The customer has no right to an earlier provision of the room.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 am at the latest. Thereafter, the hotel may charge 50% of the full accommodation price for the late vacating of the room for the use of the room contrary to the contract until 6.00 pm, and 100% after 6.00 pm. This shall not establish any contractual claims for the customer. S/he shall be at liberty to prove that the hotel has not incurred any claim to a payment for use, or that the claim is substantially lesser.

VII. Bringing food and drinks into the hotel
The customer may only bring food and beverages into the hotel after reaching an agreement on this with the hotel, which should be in written form. In these cases, the hotel may charge a service fee to cover its general costs.

VIII. Liability of the hotel
1. The hotel shall be liable for its obligations according to the contract with the due care of a prudent merchant. Claims of the customer for damages are excluded. Excluded from this are damages that arise from injury to life, body or health if the hotel is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional or negligent breach of duties that are typical for the contract by the hotel. A breach of duty by a legal representative or a vicarious agent shall be deemed as a breach of duty by the hotel. Should disruptions or shortcomings occur in the services of the hotel, the hotel will endeavour to remedy the situation upon obtaining knowledge thereof or upon an immediate complaint by the customer. The customer shall be obliged to assist in any way s/he can reasonably be expected in order to remedy the disruption and keep any possible damage to a minimum.
2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The liability claims shall expire if the customer fails to notify the hotel immediately after becoming aware of the loss, destruction or damage (Section 703, BGB). Any further liability on the part of the hotel shall be governed by the above number (1), sentences (2) to (4) accordingly.
3. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, also against payment, this shall not constitute a safekeeping contract. The hotel shall not be liable for any loss of or damage to motor vehicles parked or manoeuvred on the property of the hotel, or their contents, except in cases of intent or gross negligence. Number (1), sentences (2) to (4) above shall apply accordingly.
4. Any items left behind by the guest will only be forwarded at the request, risk and expense of the guest. After six months, the items will be donated to charitable organisations if this is evidently worthwhile. The statements regarding liability apply accordingly.
5. The hotel is not liable for the services of the partner companies that it may arrange.
6. Messages, mail and consignments of goods for guests are handled with care. The hotel will take care of the delivery, storage and – upon request – the forwarding of the same against payment. Number (1), sentences (2) to (4) above shall apply accordingly.

IX. Final provisions
1. Any changes or amendments to the contract, the acceptance of the application or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction for commercial transactions – including for disputes relating to cheques and bills of exchange – shall be Stuttgart. Insofar as a contractual partner fulfils the requirement of Section 38 (2) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the city of Stuttgart.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. 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 all other respects, the statutory provisions shall apply.

Validity: April 2020