General terms and conditions of business

1. SCOPE

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other services provided by the hotel (hotel accommodation contract).

2. Subletting or further letting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel.

3. The customer's general terms and conditions shall only apply if this has been expressly agreed in writing beforehand.

2. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS

1. The hotel is free to confirm the room booking in written form.

2. The contracting parties are the hotel and the customer. If a third party has made the booking for the customer, that third party is jointly and severally liable to the hotel together with the customer.

3. All claims against the hotel generally become time-barred one year from the statutory commencement of the limitation period. Claims for damages become time-barred after five years. These shorter limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3. SERVICES, PRICES, PAYMENT, SET-OFF

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. The customer is obligated to pay the hotel's applicable rates for the room rental and any additional services used. This also applies to services and expenses incurred by the hotel on behalf of the customer and paid to third parties. The agreed prices include the applicable statutory value-added tax.

3. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's services, or the customer's length of stay, as requested by the customer, conditional upon an increase in the price for the rooms and/or other hotel services.

4. Hotel invoices are payable within 14 days of receipt without deduction. In case of late payment, the hotel is entitled to charge a flat fee (late payment charges, processing fee) of €25.00.

5. The hotel is entitled to demand an advance payment or security deposit from the customer upon conclusion of the contract.

6. In justified cases, e.g., customer payment arrears, the hotel is entitled to refuse further services.

7. The customer may only offset or deduct undisputed or legally enforceable claims against claims of the hotel.

4. CUSTOMER WITHDRAWAL (CANCELLATION, CANCELLATION and No-Show)

1. Cancellation of the contract concluded with the hotel by the customer requires the hotel's consent in written form. If such consent is not given, the agreed price under the contract must be paid even if the customer does not make use of the contractual services.

2. If a deadline for free cancellation of the contract has been agreed upon in writing between the hotel and the customer, the customer may cancel the contract up to that deadline without incurring any payment or damage claims from the hotel. The customer's right of cancellation expires if they do not exercise their right to cancel in writing to the hotel by the agreed deadline.

3. If rooms are not used by the customer, the hotel must credit any revenue from renting these rooms to other guests. If the rooms are not rented to other guests, the hotel may charge 100% of the contractually agreed price.

4. The right to cancel the contract concluded with the hotel expires two weeks before the contractually agreed arrival date. Note: According to Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. The hotel's cancellation policy applies.

5. CANCELLATION BY THE HOTEL

1. If it has been agreed in writing that the customer may withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract within this period (e.g., failure to comply with contractually agreed advance payment).

2. In the event of a justified cancellation by the hotel, the customer is not entitled to compensation.

6. ROOM PREPARATION, HANDOVER AND RETURN

1. The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing.

2. Booked rooms are available to the customer from 3:00 PM on the agreed arrival day. The customer has no right to earlier access.

3. On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. If the room is not vacated by this time, the hotel may charge 50% of the full room rate (list price) for use of the room beyond the agreed time until 2:00 p.m., and 100% thereafter.

7. HOTEL LIABILITY

1. The hotel is liable for its obligations under the contract. Claims for damages by the customer are excluded. This exclusion does not apply to damages resulting from injury to life, body, or health if the hotel is responsible for the breach of duty; other damages based on an intentional or grossly negligent breach of duty by the hotel; and damages based on an intentional or negligent breach of essential contractual obligations by the hotel. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon receiving immediate notification from the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and minimize any potential damage.

2. The hotel is liable to the customer for items brought onto the premises in accordance with statutory regulations. Accordingly, liability is limited to one hundred times the room rate, but not exceeding €3,500, and, in the case of cash, securities, and valuables, not exceeding €800. Cash, securities, and valuables may be stored in the hotel safe up to a maximum value of €3,500.

3. If the customer is provided with a parking space in the garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles, trailers, motorcycles, or their contents parked or moved on the hotel premises, except in cases of intent or gross negligence.

8. FINAL PROVISIONS

1. Amendments and additions to the contract or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.

2. The place of performance and payment is the location of the hotel.

3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules or similar provisions is excluded.

4. Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.

Hotel Goldenes Fass Meissen, April 2017