GTC

GENERAL TERMS AND CONDITIONS OF BOOKING AND BUSINESS

Below you will find the General Terms and Conditions of Booking and Business.
In addition to the statutory provisions, the legal relationship between you and us, Schafroth GmbH; Hotel-Restaurant Die Krone (hereinafter referred to as the hotel) is regulated here.

Hotel-Restaurant Krone
Schafroth GmbH
Rottachbergstraße 1
87509 Immenstadt-Stein
Phone (08323) 9661-0
Fax (08323) 9661-50
info@hotel-krone-stein.de
www.hotel-krone-stein.de

Managing Director: Helmut Schafroth

USt.-ID number: DE233348991
HRB-Nr. 173 Schafroth GmbH
Responsible for content according to DDG §5: Helmut Schafroth

Commercial register Kempten im Allgäu

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AGBH 8.1)

1. SCOPE OF APPLICATION

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). They do not apply to package holidays within the meaning of § 651a BGB. The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby the right of cancellation pursuant to § 540 paragraph 1 sentence 2 BGB is waived.

1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in text form.

2. CONCLUSION OF CONTRACT, CONTRACTING PARTIES

2.1 The contracting parties are Schafroth GmbH and the customer. The contract is concluded upon acceptance of the customer's application by the hotel. The customer's application can be made verbally, by telephone, in writing, by e-mail or online. The application is also made by the applicant for all participants listed in the application, for whose contractual obligations the applicant is responsible as well as for his own obligations.

2.2 With the booking, the guest makes a binding offer to the hotel to conclude the guest accommodation contract. The contract is concluded upon receipt of our declaration of acceptance. The hotel shall inform you of the acceptance, for which no specific form is required, upon or immediately after conclusion of the contract, usually by sending you the reservation confirmation in writing or electronically. In the case of bookings via the hotel's own homepage, the contract is concluded by clicking on the "BOOK NOW" button.

3. SERVICES, PRICES, PAYMENT, OFFSETTING

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

3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.

3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of the contract and fulfilment of the contract exceeds four months.

3.4 If payment on account has been agreed, payment must be made within ten days of receipt of the invoice without deduction, unless otherwise agreed.

3.5 The hotel is entitled to demand a reasonable 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 may be agreed in text form in the contract. The statutory provisions shall apply if the customer is in default of payment.

3.6 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.7 Furthermore, the hotel is entitled to demand an appropriate advance payment or security deposit from the customer at the beginning and during the stay within the meaning of clause 3.5 above for existing and future claims arising from the contract, insofar as such has not already been made in accordance with clause 3.5 and/or clause 3.6 above.

3.8 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.

3.9 The customer agrees that the invoice may be sent to him electronically.

4. WITHDRAWAL/CANCELLATION ("CANCELLATION") OF THE CUSTOMER NOT MAKING USE OF THE HOTEL'S SERVICES ("NO SHOW")

4.1 Unilateral cancellation by the customer of the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract or if a statutory right of withdrawal or cancellation exists.

4.2 If the hotel and the customer have agreed on a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation shall expire if he does not exercise it in text form vis-à-vis the hotel by the agreed date.

4.3 If a right of cancellation has not been agreed or has already expired and there is also no statutory right of cancellation or termination, the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum 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 and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.

5. CANCELLATION BY THE HOTEL

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from 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 withdrawal upon enquiry by the hotel with a reasonable deadline. This applies accordingly if an option is granted, if other enquiries are received and the customer is not prepared to make a firm booking upon enquiry by the hotel within a reasonable period of time.

5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.5 and/or Clause 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, in particular if

5.3.1. force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible;

5.3.2. rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, solvency or the purpose of the stay;

5.3.3. the hotel has justified cause to believe that the use of the service may jeopardise the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organisation;

5.3.4. the purpose or reason for the stay is unlawful;

5.3.5. there is a breach of the aforementioned clause 1.2.

5.3.6 The justified cancellation of the hotel does not constitute a claim for damages on the part of the customer. Should the hotel have a claim for damages against the customer in the event of cancellation in accordance with the above Clause 5.2 or 5.3, the hotel may charge a lump sum. Clause 4.3 shall apply accordingly in this case.

6. ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form. The hotel reserves the right to provide you with a comparable room or a room of a higher category.

6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (price according to the price list) for the late vacating of the room for its use in excess of the contract until 6.00 p.m., and 90% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is always free to prove that the hotel has no or a significantly lower claim to a usage fee.

6.4 The hotel's prior written consent is required if the room is or is to be used for purposes other than accommodation.

7. LIABILITY OF THE HOTEL

7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations which make the proper fulfilment of the contract possible in the first place and on the fulfilment of which the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects in the hotel's services occur, 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.

7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

7.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.

7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are handled with care. After prior consultation with the customer, the hotel may accept, store and - upon request - forward mail and consignments for a fee. The hotel shall only be liable in this respect in accordance with the above clause 7.1, sentences 1 to 4.

8. SUBSTITUTE PERSON/SUBLETTING

8.1 If you are a consumer, you are entitled to declare in writing, by e-mail or on a durable medium within a reasonable period of time before the start of the trip that a third party will take your place and assume the rights and obligations arising from the travel contract. If the declaration is received by us no later than 7 days before the start of the trip, it is in any case timely. We reserve the right to object to the entry of a third party if this third party does not fulfil the contractual travel requirements. If a third party joins the tour, this third party shall be jointly and severally liable with you for the tour price. Furthermore, any additional costs incurred by us as a result must be reimbursed.

8.2 Subletting or re-letting without our prior written consent is not permitted unless you are a consumer. § Section 540 para. 1 sentence 2 BGB is waived.

9. REBOOKINGS

9.1 Changes to bookings, in particular changes to the travel date, room category, events or the number of participants in the valid travel contract, are possible once, insofar as our capacities and availability at the hotel permit. There is no entitlement to further rebookings. Rebooking is free of charge. However, the price differences resulting from the rebooking, in particular due to the current daily prices, remain unaffected.

9.2 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the length of stay requested by you dependent on the price for the rooms and/or for the hotel's other services being increased.

9.3 In the event of early departure by the customer, the costs for the already confirmed and unused period of stay cannot be refunded.

10. DOGS

Dogs are only permitted after consultation with the hotel or with notification at the time of booking before the start of the holiday and subject to availability of appropriate rooms. Note. You are liable for any damage caused by your dog throughout the hotel building and in the rooms.

11. SMOKING BAN

Smoking is prohibited in all areas of the hotel, including the rooms. Smoking at open windows is not exempt. In the event of a violation, you are obliged to pay compensation in the amount of the costs incurred, including the costs of the fire brigade, rescue and police operations triggered by the fire, unless you can prove that the damage was not caused by you.

12. FINAL PROVISIONS

12.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.

12.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Immenstadt im Allgäu. However, the hotel may also choose to sue the customer at the customer's place of business. The same applies to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in an EU member state.

12.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

12.4 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): ec.europa.eu/consumers/odr/ However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.