With these Terms and Conditions, we aim to provide legal clarification in your interest as well as our own. You agree to the contents thereof when you reserve a room with us.
Conditions of accommodation of Hotel Bodenmaiser Hof
the following conditions, as agreed, shall form the content of the accommodation contract that shall come about if you book accommodation with us. These conditions, along with the statutory regulations, govern the contractual relationship between you, the Guest, and us, Hotel Bodenmaiser Hof, as an accommodation establishment, hereinafter referred to, in short, as “BHB”. We therefore ask that you read these conditions carefully.
1. Conclusion of contract
1.1 By making a booking, the Guest makes BHB a binding offer to conclude the accommodation contract. The basis of this offer is the description of the accommodation and the supplementary information in the booking basis (e.g. description of location, classification explanation) if these have been presented to the Guest.
1.2 The booking may take place verbally, in writing, by phone, by fax or electronically (email, internet). For electronic bookings, an electronic booking confirmation shall be sent to the Guest immediately.
1.3 Guests or third-party bookers (companies, associations, group leaders) shall be liable for all contractual obligations of the guests for which the booking is made in the same way as for their own, insofar as they have accepted this obligation by means of an express and separate declaration.
1.4 The contract shall come about upon receipt of the booking confirmation from BGB by the Guest or third-party booker. It does not need to be in any specific form, meaning in particular that verbal and telephone confirmations shall be legally binding on the Guest and BHB. In general, in cases of verbal and telephone booking confirmations, BHB shall provide the Guest with an additional written version of the confirmation.
1.5 If BHB presents a special offer at the request of the Guest or third-party booker, this shall be a non-binding offer. If the Guest or third-party booker accepts the offer, the contract shall again only come about once the booking confirmation from BHB has been received by the Guest.
1.6 Online booking
The presentations of products contained in the online booking are not binding offers on the part of Bodenmaiser Hof, but rather are intended for the submission of a binding offer by you. By making a booking, you submit a binding offer to Bodenmaiser Hof to conclude a contract with you.
1.6.1 Technical steps to conclusion of contract, opportunities to identify and correct input errors
1.6.2 Storage of the contract text
Hotel Bodenmaiser Hof shall store the contract text of your order. You may print this before sending your order to us by clicking “Print” in your browser in the last step of the booking. Hotel Bodenmaiser Hof will also send you an order confirmation and a booking confirmation, containing all the order data and the General Terms and Conditions, to the email address you have provided. Order processing and contact with us are generally carried out as shown by email and automated order processing. You must ensure that the email address you have provided for order processing is correct so that the emails sent by Hotel Bodenmaiser Hof can be received at this address.
1.6.3 Language of the contract
The language of the contract shall be German.
2.1 Non-binding reservations with an entitlement to a free cancellation may only be made by suitable express agreement with BHB.
2.2 If no non-binding reservation has been expressly agreed, the booking shall strictly lead to a legally binding for BHB and the Guest/third-party booker in accordance with point 1 of these conditions.
3. Prices and services, price increases
3.1 The prices specified in the prospectus are final prices and include statutory VAT and all additional costs, unless otherwise specified with regard to the additional costs. Tourist taxes or tourism charges, as well as charges for services for which a usage-dependent charge is indicated in the booking basis or has been agreed separately (e.g. electricity, gas, water, telephone, firewood) and for optional and additional services may be charged and listed separately.
3.2 The services that BHB is obliged to provide are determined solely from the contents of the booking confirmation in conjunction with the relevant booking basis, i.e. the valid prospectus, BHB’s website or other service and object descriptions, as well as any supplementary agreements expressly made with the Guest/third-party booker. The Guest/third-party booker is recommended to make any supplementary agreements in writing. Information in local or hotel guides is only relevant to this service obligation if there is a corresponding express agreement with BHB in place.
4.1 The due dates of deposits and balance payments are based on the agreement reached with the Guest or third-party booker. For written booking confirmations, the agreed payment scheme is specified in the confirmation. If no special agreement has been reached, the total accommodation price including charges for additional costs and services shall be due for payment at the end of the stay and shall be payable to BHB.
4.2 Even without an express note in the booking confirmation, BHB may request a deposit of 100% of the total price.
4.3 Payments may be made in foreign currencies and with crossed cheques. Payments by EC card and credit card payments are only possible by agreement or offered in general by BHB by means of a notice. Payments at the end of the stay may not be made by bank transfer.
5. Cancellations and no-shows
5.1 In the event of a cancellation, the BHB shall remain entitled to payment of the agreed accommodation price including the meals component and charges for additional services.
5.2 BHB must, in the context of its ordinary business, without any obligation to make special efforts and taking into account the particular nature of the accommodation booked (e.g. non-smoking room, family room, room for allergy sufferers), endeavour to arrange other appropriate use of the accommodation.
5.3 BHB must provide a credit for any other occupation and, if it is not possible to arrange such occupation, for any savings in costs.
5.4 In accordance with the percentages recognised in case law for the measurement of cost savings, the Guest or third-party booker must pay the following amounts to the accommodation establishment, each in relation to the total price of the accommodation services (including all additional costs), but without taking into account any public levies such as tourism charges or tourist taxes:
For overnight stay/breakfast 80%
For half board 70%
For full board 60%
5.5 The Guest/third-party booker expressly retains the right to prove to BHB that the cost savings made by BHB are significantly higher than the deductions considered above, or that the accommodation services were otherwise used. In the event that such proof is given, the Guest or third-party booker shall only be obliged to pay the corresponding reduced amount.
5.6 It is strongly recommended that travel cancellation fee insurance is taken out.
6. Customer’s obligations, cancellation by BHB
6.1 Unless otherwise agreed, the accommodation may only be used by the Guest it was booked for. Any other use, and in particular subletting or, if a business has made the booking, the transfer of accommodation quotas, is not permitted.
6.3 The Guest is obliged to indicate any defects and faults that may occur to BHB immediately and to demand remedy. If the indication of a defect is culpably omitted, any claims on the part of the Guest may cease to apply wholly or in part.
6.4 The Guest may only terminate the contract in the event of a significant defect or fault. The Guest must, when indicating the defect, set BHB a suitable deadline to remedy it unless it is impossible to remedy, BHB refuses to do so or immediate termination is materially justified by a special interest of the Guest that is recognisable by BHB or if, for any such reason, the continuation of the stay is objectively unacceptable for the Guest.
6.5 Bringing pets into the accommodation and accommodating them is only permitted by prior express agreement if BHB advertises this possibility. In the context of such agreements, the Guest shall be obliged to make true statements regarding the type and size of the pets. Breaches of this may entitle BHB to terminate the accommodation contract on an extraordinary basis.
6.6 BHB may terminate the accommodation contract without observing a deadline if the Guest causes lasting disruption to BHB’s operations or the performance of the stay despite receiving a warning from BHB, or if the Guest breaches the contract to such an extent that the immediate cancellation of the contract is justified. If BHB makes the cancellation, the provisions in point 5 shall apply to BHB’s claim to payment.
7. Limitation of liability in the case of mediated third-party services
BHB shall not be liable for faulty performance in connection with services that are identifiable provided to the Guest/third-party booker only as mediated third-party services (e.g. sporting events, theatre visits, exhibitions etc.). The same applies to third-party services that are mediated at the accommodation booking stage.
8. Limitation period
8.1 Claims on the part of the Guest/third-party booker arising from the accommodation contract against BHB shall lapse after one year.
8.2 The limitation period begins at the end of the year in which the claim arises and the Guest becomes aware of the circumstances forming the basis of the claim and of the BHB as a debtor or should have become aware of these in the absence of gross negligence.
8.3 If there are negotiations in progress between the Guest and BHB with regard to asserted claims or circumstances justifying the claim, limitation shall be paused until the Guest or BHB refuses to continue negotiations. The above limitation period of one year shall enter into force three months after the end of the pause at the earliest.
9. Choice of law and place of jurisdiction
9.1 The contractual relationship between the Guest or the third-party booker and BHB shall be solely subject to German law. The same applies for the rest of the legal relationship.
9.2 The Guest or third-party booker may only initiate proceedings against BHB at BHB’s headquarters.
9.3 For complaints by BHB against the Guest or third-party booker, the Guest’s or third-party booker’s place or residence shall be decisive. For complaints against Guests or third-party bookers that are merchants, legal entities governed by public or private law, or people whose residence or place of business or ordinary abode is abroad, or whose residence or place of business at the time at which the complaint is raised is not known, the place of jurisdiction shall be agreed to be the headquarters of BHB.
9.4 The above provisions shall not apply if and insofar as mandatory provisions of European Union law or other international provisions apply to the accommodation contract or the legal relationship with the Guest or third-party booker.