Allgemeine Geschäftsbedingungen
I. General Terms and Conditions
1. The contract is concluded upon confirmation of the order by the hotel to the customer (uniform designation for purchaser, organizer, guest, etc.). Only these terms and conditions are part of the contract; any terms and conditions of the customer are not recognized; They apply to all services provided by the hotel, in particular the provision of hotel rooms, conference rooms, banquet rooms, and other hotel facilities (hereinafter collectively referred to as “services”). If a third party has placed an order on behalf of a customer, they are jointly and severally liable to the hotel with the customer. The hotel may demand a reasonable advance payment from the customer and/or the third party. Subletting or re-letting requires the written consent of the hotel.
2. Prices are determined according to the price list valid at the time of service provision. If fixed prices are stated in the order confirmation and there are more than 4 months between the conclusion of the contract and the provision of services, the hotel is entitled to make price changes. If a minimum turnover has been agreed and this is not achieved, the hotel may demand 60% of the difference as lost profit, unless the customer can prove a lower lost profit or the hotel can prove a higher lost profit.
3. The contracting party does not acquire any claim to the provision of specific rooms or premises. If agreed premises are not available, the hotel will endeavor to provide equivalent replacement accommodation in other properties. The contracting party may have to accept a reasonable waiting period for this purpose.
4. In the case of concluded hotel accommodation contracts in which the customer can unilaterally declare withdrawal from the contract (reservations), the right of withdrawal expires—even for customers who are tour operators—if withdrawal has not been declared to the hotel in writing within the period specified in the reservation. If no period is specified, the withdrawal may be declared no later than 12 weeks before the start of the service provision (in writing to the hotel).
5. Booked rooms are available to the customer from 3:00 p.m. They must be vacated by 11:00 a.m. on the day of departure. Unless otherwise agreed, room bookings are guaranteed and will be held for arrivals after 6:00 p.m. In the event of late cancellation or no-show, 90% of the room price will be charged unless otherwise agreed. The customer has no claim to the provision of specific rooms or premises. If these are promised in the order confirmation but are not available, the hotel is obliged to endeavor to find equivalent replacement accommodation in the hotel or in other properties.
6. A non-binding option expressly designated as such must be exercised or returned no later than 42 calendar days before the arrival date. Exercised options are treated as firm reservations. If the option is not exercised in a timely manner, the hotel is entitled to allocate the reserved service elsewhere.
7. Invoices that are not due according to the calendar are payable without deduction within ten days of the invoice date; default occurs upon receipt of the first reminder. From the date of default, interest shall be charged on the invoice at 8% above the base rate or reference rate of the European Central Bank, unless the hotel proves higher damages caused by default or the customer proves lower damages caused by default. A reminder fee of €5.00 is payable for each reminder after default. The contracting party may only offset counterclaims against the hotel to the extent that its claims are undisputed or have been legally established. The default of payment of even one invoice entitles the hotel to suspend all further and future services for the customer in all establishments or to make them dependent on an advance payment of 100%. The hotel shall decide on this without prior notice. For total reservations of more than 9 nights, the hotel reserves the right to demand an advance payment of 50% of the services ordered, or 100% of the services ordered if the customer's place of residence or company headquarters is abroad. This amount is due 30 calendar days before arrival.
8. Cancellation periods may vary for room reservations. Separate agreements are specified in the hotel accommodation contract.
9. Items or materials left in generally accessible areas of the hotel, in the technical facilities, and in the conference rooms of the hotel are not considered to have been brought in unless they have been expressly taken into custody by an authorized person. Valuables such as jewelry, fur coats, and money must be deposited at the reception desk. For this purpose, a special storage agreement must be concluded with an authorized person. Liability is excluded for valuables that have not been deposited. In rooms, liability extends only to those items and materials that have been brought in by the person entitled under the accommodation contract. The hotel's liability for items and materials brought into the hotel is limited to a maximum of €3,000, except in cases of intent or gross negligence. Money, securities, and valuables up to a maximum value of €800 can be stored in the hotel or room safe. The hotel recommends making use of this option.
10. The consumption of food and beverages brought onto the premises is prohibited in the publicly accessible areas of the hotel.
11. a) The hotel shall endeavor to carry out wake-up calls with the diligence of a prudent businessman.
b) Messages, mail, and goods deliveries intended for the customer shall be handled with the same care. The hotel shall store, deliver, and—upon request and for a fee—forward such items.
c) Items left behind by the customer will only be forwarded at the customer's request, risk, and expense. The hotel will store the items for six months and charge a reasonable fee for this service. After this period, items of recognizable value will be handed over to the local lost property office.
d) Any liability on the part of the hotel under a)-c) is excluded.
12. If the customer is provided with a parking space in the hotel garage, even for a fee, this does not constitute a safekeeping agreement. The posted parking conditions apply.
13. Pets are accepted at the Parkhotel for an additional fee. Bringing pets requires the consent of the hotel, but dogs are generally welcome. Guests are required to indicate their desire to bring a pet when making their reservation and to clarify any details. The hotel's consent is subject to the condition that the animal is under the constant supervision of the guest, is free of disease, and does not pose any other danger to hotel guests or hotel staff. Guests are liable for any damage caused by their pets. Pets are not allowed in the restaurant during breakfast or in the wellness area. A fee per pet per day will be charged, which will be specified in the reservation confirmation. However, guide dogs, hearing dogs, and other comparable service dogs are exempt from this rule. These may be brought along free of charge at any time.
14. The hotel is liable for the diligence of a prudent businessman. Should faults or defects occur in the hotel's facilities, the hotel will endeavor to remedy the situation immediately upon notification by the customer. Notwithstanding Section 11 and Sections 701 et seq. of the German Civil Code (BGB), the hotel shall only be liable in cases of intent or gross negligence on the part of the legal representatives of the hotel company or the hotel's senior employees. Storage requires an express agreement. Offsetting, reduction, or retention are only permissible for the customer in the case of undisputed or legally established counterclaims. Any liability on the part of the hotel is limited to the amount of the agreed rental price, apart from §§ 701 ff. BGB. The limitation period for all claims of the customer is 6 months, calculated from the end of the contract. This limitation of liability and short limitation period also apply in favor of the hotel in the event of a breach of obligations during the initiation of the contract, positive breach of contract, and tortious acts.
15. If a contracting party jeopardizes the business operations or safety of the hotel or its guests, the hotel may withdraw from the contract. This also applies in cases of force majeure and other unforeseeable, extraordinary circumstances beyond the hotel's control if these circumstances render the hotel's services impossible, unreasonable, or of no interest to the contracting party.
16. If the organizer of an event is a political, religious, or ideological group, the contract must also be approved by the hotel management in order to be valid. If the organizer conceals from the hotel that it represents a political, religious, or ideological group, the contract shall be provisionally invalid. If the management does not grant its approval even retrospectively, the contract shall be invalid and the hotel shall be entitled to refuse performance. In this case, the organizer shall be obliged to reimburse all expenses incurred by the hotel in reliance on the validity of the contract.
17. If it has been contractually agreed that the customer may withdraw from the contract within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
If an agreed advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if
- force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract;
- rooms and spaces are booked culpably under misleading or false statements of facts essential to the contract, e.g., regarding the customer's identity or the purpose of the stay;
- the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardize the smooth operation of the business, the safety, or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
- the purpose or occasion of the stay is unlawful;
In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.
18. a) The customer shall be liable to the hotel for any damage or loss occurring during the term of the contract, unless the damage is within the hotel's sphere of responsibility or was caused by a third party and the third party actually provides compensation, which must be proven by the customer in each case.
b) The hotel may require the organizer to provide appropriate security (e.g., advance payments, insurance, deposits).
19. The hotel's contractual liability for defects existing at the time of conclusion of the contract that did not arise as a result of circumstances for which the hotel is responsible is excluded.
20. The contracting party is obliged to report any defects immediately, at the latest upon departure from the hotel. Claims of the contracting party must be asserted against the hotel within one month after the contractually agreed end of the service provision. After expiry of this period, the contracting party can only assert claims if it was prevented from meeting the deadline through no fault of its own. Claims of the contracting party shall become time-barred after six months. The limitation period shall commence on the calendar day on which the provision of services under the contract was to end. If the contracting party has asserted claims against the hotel, the limitation period shall be suspended until the calendar day on which the hotel rejects the claims in writing.
21. For booked services or rooms rented under a hotel accommodation contract, the agreed fee must be paid even if the booking is later canceled by the customer or the customer does not show up (§ 552 BGB). The hotel's saved expenses amount to 10% for overnight stays with or without breakfast, 40% for all food and beverages ordered, and 25% of the agreed price for package deals (accommodation plus meals in one sum). For other services, i.e., services booked other than the hotel services mentioned in sentence 2, in particular rent (room rent, equipment rent, provision costs, etc.), agreed sales of food and beverages at an event, etc., the time of cancellation determines the amount of the hotel's claim to reasonable compensation. This is determined by the hotel's order confirmation and the appendix (Section II 2.) to these terms and conditions; any expenses saved in the provision of other services are thereby compensated. The customer reserves the right to prove higher damages.
22. The place of performance and payment for both parties is Heilbronn. German law applies. The place of jurisdiction – also for disputes relating to checks and bills of exchange – is the location of the hotel in commercial transactions.
23. Any deviating agreements or ancillary agreements must be made in writing to be effective. Should individual provisions of the contract—including these terms and conditions—be invalid, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the invalid provisions with valid provisions that come as close as possible to the meaning of the invalid provisions.
II. Additional Terms and Conditions for Events (Seminars, Conferences, and Banquets)
1. Reservations for events only become binding for the hotel once the organizer has signed the order confirmation sent to them by the hotel and this has been received by the hotel within the specified period.
2. If the number of participants is reduced by more than 10% from the number originally reserved, the hotel will charge 90% of the originally reserved number of participants for all services booked. This rule applies as soon as the signed order confirmation has been received by the hotel. In addition, the hotel reserves the right to unilaterally terminate the contract. If the number of participants is exceeded, the organizer must reimburse the hotel separately for the additional expenses incurred as a result. A larger room corresponding to the changed number of persons is only possible after consultation with the hotel, but there is no entitlement to this. The following rules apply to cancellations of events:
CANCELLATION DEADLINES FOR GROUP BOOKINGS OR REDUCTIONS IN THE NUMBER OF ROOMS
CANCELLATION DEADLINES FOR EVENTS OR REDUCTION IN THE NUMBER OF PEOPLE
3. The organizer is not permitted to bring food and beverages to the events unless they are part of the event and serve demonstration purposes. In special cases (national specialties, kosher food, etc.), a different agreement may be made in writing. In such cases, a service fee or corkage fee, the amount of which shall be determined in the agreement, shall be charged.
4. The installation of decorative materials or similar items and the use of areas in the hotel outside the rented rooms, e.g. for exhibition purposes, require the written consent of the hotel and may be subject to the payment of an additional fee. These and other items brought in by customers must comply with local fire safety and other regulations. If they are not collected immediately, but at the latest within 12 hours after the end of the event, they will be stored in the hotel, for which the customer shall owe reasonable compensation, at least in the amount of the rental costs for the room used. Rubbish left behind by the customer may be disposed of by the hotel at the customer's expense. The organizer is liable for damage to the furnishings or inventory caused during setup or dismantling, as well as during the event by event participants or visitors, employees, other third parties from his area, or himself, and for which the hotel is not responsible. The organizer is advised to take out insurance for damage for which the hotel is not responsible.
5. The customer must obtain any official permits required for an event in good time and at their own expense. They are responsible for complying with public law requirements and other regulations. Any fees payable to third parties for the event, in particular GEMA fees, entertainment tax, curfew reductions, etc., must be paid directly to the creditor.
6. Insofar as the hotel procures technical or other equipment from third parties for the customer, it acts on behalf of and for the account of the customer; the customer is liable for the careful handling and proper return of the equipment and indemnifies the hotel against all claims by third parties arising from the provision of the equipment.
7. The customer undertakes to inform the hotel immediately and without being asked, at the latest upon conclusion of the contract, that the service provision and/or the event, whether due to its political, religious, or other nature, is likely to attract public interest or impair the interests of the hotel. Newspaper advertisements, other advertising measures, and publications that refer to the hotel and/or contain, for example, invitations to job interviews or sales events require the written consent of the hotel. If the customer violates this duty of disclosure or if a publication is made without such consent, the hotel has the right to cancel the event. In this case, Section 4 of the General Terms and Conditions (payment of rent and reasonable remuneration) and the appendix to these terms and conditions shall apply accordingly.
8. The name of the hotel where the event is taking place may only be published with the written consent of a representative of the hotel. This does not apply to the publication of the hotel name for the purpose of indicating the venue and any directions, provided that this does not involve publication in media accessible to an unlimited number of people and provided that the hotel name is not particularly highlighted in relation to the rest of the text.
9. For events that extend beyond the contractually agreed period, or beyond 11 p.m., the hotel may charge additional expenses, in particular for follow-up events and staff.
III. Additional terms and conditions for groups – unless otherwise agreed in the contract, the following provisions apply:
1. Groups within the meaning of these General Terms and Conditions are travel groups with a minimum of 10 people booked, arriving and departing together. Only one total invoice will be issued and handed over to the tour guide. For groups of fewer than 10 people, the prices for individual travelers apply. There is no entitlement to group prices; group prices may be granted on the basis of individual agreements, depending on availability and demand.
2. Reservations and cancellations must be confirmed in writing:
Series groups are confirmed upon signing the contract. Individual groups are confirmed 42 calendar days prior to the arrival of the respective group. The final list of names of the members of the respective group must be communicated to the hotel at least 14 calendar days prior to arrival.
3. The hotel will send the organizer a reservation confirmation with the essential details of the reservation and information on check-in and payment terms.