General Terms and Conditions

SCOPE OF APPLICATION

  1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided by the hotel for the customer.2 The subletting and re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
  2. The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.

CONCLUSION OF CONTRACT; PARTNER; LIMITATION PERIOD

  1. The contract is concluded upon acceptance of the customer's request (booking confirmation) by the hotel. The hotel is at liberty to confirm the room booking in writing.2 The contracting parties are the hotel and the customer. If a third party has booked on behalf of the customer, he 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.
  2. For bookings on the website, a valid credit card must always be provided by the customer as security. The hotel also has the right to request a valid credit card from the customer as security for other bookings.
  3. All claims against the hotel are generally subject to a limitation period of one year from the beginning of the regular limitation period of § 199 (1) BGB, which is dependent on knowledge. Claims for damages shall become time-barred after five years, irrespective of knowledge. The shortening of the statutory limitation periods shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

SERVICES, PRICES, PAYMENT, OFFSETTING

  1. The hotel is obliged to keep the rooms booked by the customer available & to provide the agreed services.2 The customer is obliged to pay the hotel's applicable or agreed prices for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
  2. The hotel is entitled to demand an advance payment or security deposit from the customer in the form of a credit card guarantee, a deposit or similar up to 100% of the customer's total payment obligation upon conclusion of the contract, at the beginning and during the stay, taking into account the legal provisions. The amount of the advance payment and the payment dates shall be specified in the contract.
  3. The agreed prices include the applicable statutory value added tax. The prices do not include public charges such as visitor's tax and the like. These charges must be paid by the customer in addition. The respective amounts will be invoiced separately to the customer. Increases in VAT shall be borne by the customer. If the period between conclusion and fulfilment of the contract exceeds four months and the price charged by the hotel for such services generally increases, the hotel may raise the contractually agreed price appropriately, but by no more than 5%.
  4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of the guests' stay and the hotel agrees to this.
  5. Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest currently amounting to 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.
  6. The customer may only offset an undisputed or legally enforceable claim against a claim of the hotel.

CANCELLATION BY THE CUSTOMER
(e.g. cancellation, reduction, cancellation / non-use of the hotel's services)

  1. Bookings made by the customer are binding
  2. Cancellation by the customer of the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not utilise contractual services. This shall not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of cancellation.
  3. Cancellations must be made in writing. Depending on the time of cancellation, the obligation to pay compensation shall vary. Reservations made by the commissioning contractual partner are binding for both contractual partners.

    Cancellation policy:
    Your reservation can be cancelled free of charge up to 15 days before the day of arrival. Up to 14 days before arrival, the hotel will charge a cancellation fee of 90% of the room rate. In the event of a no-show without prior cancellation, you will be charged 100% of the confirmed room rate including any additional services booked.

    The customer's right of cancellation shall expire if he does not exercise his right of cancellation in writing vis-à-vis the hotel by the agreed date, unless a case of cancellation by the customer pursuant to 1.3 exists.
    Bookings as part of promotional rates or experiences cannot be cancelled or reduced.

    In the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved against the payment owed by the customer in accordance with clause 4.1 above.

    The hotel is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.

CANCELLATION OF THE HOTEL

  1. Insofar as the customer's right to cancel the contract free of charge within a certain period has been agreed in writing, the hotel is entitled to cancel the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of cancellation upon enquiry by the hotel.2 If an agreed advance payment or an advance payment requested in accordance with 3.3 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to cancel the contract.
  2. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if - force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible;
    - rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
    - the hotel has justified cause to believe that the use of the hotel's services may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel's sphere of control or organisation.
    - there is an offence against 1.2.

    In the event of justified cancellation by the hotel, the customer shall have no claim to compensation.

ROOM PROVISION, HANDOVER & RETURN

  1. The customer acquires no right to the provision of specific rooms.2 Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
  2. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room from 11am to 1pm, and 100% from 1pm onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.
  3. The customer is liable to the hotel for all damage caused by him or by third parties who receive the hotel's services at his instigation.

    Unregistered dogs will be charged to the customer, plus a one-off special cleaning fee of EUR 300.

    Violations of the smoking ban in the entire hotel complex will be charged with at least EUR 400,- and the guest or the entire reservation will be expelled from the hotel.

    The customer consents to costs arising from §6 points 4-6 being charged to his credit card. The customer reserves the right to prove that the additional amount collected is actually less than the amount charged by the hotel.

LIABILITY OF THE HOTEL

  1. The hotel shall be liable for its obligations arising from the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. This does not apply to damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty. The hotel shall only be liable for other damages in cases of intent or gross negligence. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects occur in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.2 Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
  2. Liability for items brought into the hotel is limited in accordance with the applicable statutory provisions, i.e. currently up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). Any further liability on the part of the hotel shall be governed by the above paragraphs 1.2. to 1.3. accordingly.
  3. If the customer is provided with a parking space in the garage or in a hotel car park, even for a fee, this does not constitute a safekeeping agreement. There is no surveillance. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, except in cases of intent or gross negligence. 1.2. to 1.3. apply accordingly.
  4. Items left behind by the customer will only be forwarded at the request, risk and expense of the customer. The hotel shall keep the items for 6 months and is entitled to demand a reasonable payment for them.

SAXER VOUCHERS

SAXER vouchers are valid for 3 years from the date of issue. Each voucher has an order value in EUR (purchase price). If the price of the purchased service changes, an additional payment may be made on site. The current catalogue price applies to all services and SAXER vouchers do not entitle the holder to cash payment of the services or amounts. SAXER vouchers are only issued against prepayment.

Vouchers won as part of competitions (prize draws or similar) can only be redeemed by the winner. Transfer and/or sale is not permitted.

FINAL PROVISIONS

  1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions are invalid.2 The place of fulfilment and payment is the registered office of the hotel under company law.
  2. The exclusive place of jurisdiction (also for disputes relating to cheques and bills of exchange) in commercial transactions is the registered office of the hotel under company law. If a contractual partner fulfils the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
  3. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
  4. If individual provisions of these General Terms and Conditions for Hotel Accommodation are or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Goslar, 15.01.2018