I. Scope of Application
1. These terms and conditions apply to contracts for the rental provision of hotel rooms at Sauerland Alpin Hotel for accommodation purposes, as well as for all other services provided by Sauerland Alpin Hotel in this context for the customer (hotel accommodation contract).
2. The subletting or further rental of the provided premises, the use of the provided hotel rooms for purposes other than accommodation, public invitations or other promotional activities for interviews, sales, and similar events, and the use of hotel areas outside the rented rooms for the aforementioned events require the prior explicit consent of the Managing Director and may be subject to additional compensation. Section 540 paragraph 1 sentence 2 of the German Civil Code (BGB) does not apply unless the customer is not a consumer.
3. The customer's terms and conditions shall only apply if expressly agreed upon in advance.
II. Conclusion of Contract; Statute of Limitations
1. The contract is concluded by acceptance of the customer's application by Sauerland Alpin Hotel. Sauerland Alpin Hotel may confirm the room booking in written form.
2. The customer is obliged to inform Sauerland Alpin Hotel without being prompted, no later than at the conclusion of the contract, if the use of the hotel service is likely to endanger the smooth operation of business, the security, or the reputation of Sauerland Alpin Hotel in the public eye.
3. All claims against Sauerland Alpin Hotel generally expire within one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims if the latter are based on intentional or grossly negligent breach of duty by the Sauerland Alpin Hotel.
III. Services, Prices, Payment, Offset
1. The customer is obligated to pay the prices agreed or applicable for the provision of rooms and the additional services used by him from Sauerland Alpin Hotel. This also applies to services of third parties directly commissioned by the customer or via Sauerland Alpin Hotel, the remuneration of which is advanced by Sauerland Alpin Hotel.
2. The agreed prices include the taxes and local taxes applicable at the time of conclusion of the contract. Local taxes that are owed by the guest under local law, such as tourist taxes, are not included. In the event of a change in the statutory value-added tax or the introduction, amendment, or abolition of local taxes on the subject matter of the contract after conclusion of the contract, the prices shall be adjusted accordingly. This applies only to contracts with consumers if the period between the conclusion of the contract and the performance of the contract exceeds four months.
3. Sauerland Alpin Hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's performance, or the duration of the customer's stay dependent on an appropriate increase in the price for the rooms and/or for the other services of the hotel.
4. If payment has been agreed upon invoice, payment shall be made - subject to any deviating agreement - within 10 days of receipt of the invoice without deduction.
5. For each reminder after default, the customer shall reimburse Sauerland Alpin Hotel for reminder costs of €5. The customer is free to prove that no costs were incurred or that they were significantly lower.
6. Sauerland Alpin Hotel is entitled, upon conclusion of the contract, to demand an appropriate advance payment or security deposit from the customer, for example, in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in the contract in written form. The statutory provisions remain unaffected for advance payments or security deposits for package tours.
7. In justified cases, such as default of payment by the customer or expansion of the scope of the contract, Sauerland Alpin Hotel is entitled to demand an advance payment or security deposit in accordance with the above No. 6 or an increase in the agreed advance payment or security deposit up to the full agreed remuneration up to the beginning of the stay, even after conclusion of the contract.
8. Furthermore, Sauerland Alpin Hotel is entitled to demand an appropriate advance payment or security deposit from the customer at the beginning and during the stay in accordance with the above No. 6, to the extent that such has not already been made in accordance with the above No. 6 and/or 7.
9. The customer may only set off or offset against a claim of Sauerland Alpin Hotel with an undisputed or legally binding claim.
IV. Customer's Withdrawal / Non-Utilization of Services by Sauerland Alpin Hotel
1. Before the start of the journey, the customer may withdraw from the contract at any time. If the customer withdraws from the contract, the hotel loses the claim to the agreed travel price. However, the hotel may demand reasonable compensation in the amount of the following lump-sum compensation:
a) Withdrawal declaration from 14th to 8th day before the start of the journey: 50% of the total travel price
b) Withdrawal declaration from 7th to 1st day before the start of the journey: 90% of the total travel price
c) Withdrawal declaration from the start of the journey/non-commencement of the journey: 100% of the total travel price, provided that the withdrawal is not attributable to him or unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity, which significantly affect the performance of the package trip or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the hotel and their consequences could not have been avoided even if all reasonable precautions had been taken.
2. The lump-sum compensation mentioned under IV. No. 1 a) to c) of these terms and conditions has been calculated based on the following:
a) Period between the declaration of withdrawal and the start of the journey,
b) Expected savings of expenses by the hotel, and
c) Expected acquisition through alternative use of travel services.
The customer is free to prove that the claim did not arise or did not arise to the extent demanded.
3. For the assertion of the lump-sum compensation mentioned under IV. No. 1 a) to c) of these terms and conditions, the receipt of the customer's declaration of withdrawal by the hotel is decisive. The hotel is entitled to invoice the lump-sum compensation to the guest and withhold it from the deposit.
4. The hotel may withdraw from the contract before the start of the journey due to unavoidable, extraordinary circumstances that prevent it from fulfilling the contract; in this case, the hotel must declare the withdrawal immediately upon becoming aware of the reason for withdrawal.
5. If the hotel withdraws from the contract, it loses the claim to the agreed travel price. If the hotel is obliged to refund the travel price as a result of a withdrawal, it must do so immediately, in any case within 14 days after the withdrawal.
6. Declarations of withdrawal must be sent to the party to be notified on a durable medium at the latest.
V. Withdrawal by Sauerland Alpin Hotel, Unauthorized Events
1. If it has been contractually agreed that the customer can withdraw from the contract free of charge until a certain date, Sauerland Alpin Hotel is entitled to withdraw from the contract in whole or in part until this date if requests from other customers for the rooms booked under the contract are received and the customer, after inquiry by Sauerland Alpin Hotel with a reasonable deadline, does not waive his right to withdraw. The same applies in the case of granting an option if other requests are received and the customer, after inquiry by Sauerland Alpin Hotel with a reasonable deadline, is not ready to make a firm booking.
2. Furthermore, Sauerland Alpin Hotel is entitled to withdraw from the contract for good cause, if:
• force majeure or other circumstances beyond the control of Sauerland Alpin Hotel make it impossible to fulfill the contract;
• Hotel services have been booked under misleading or incorrect information or omission of essential facts. Essential to the contract may be the identity of the customer, his ability to pay, or the purpose of his stay;
• Sauerland Alpin Hotel has justifiable reason to believe that the use of the hotel service may endanger the smooth operation of business, the security, or the reputation of Sauerland Alpin Hotel in the public eye, without this being attributable to the sphere of control or organization of Sauerland Alpin Hotel;
• the purpose or occasion of the stay is unlawful;
• a breach of Clause I No. 2 exists;
• an agreed advance payment or security deposit requested in accordance with the above Clause III No. 6 and/or 7 has not been made even after a reasonable deadline set by Sauerland Alpin Hotel has expired.
3. Unauthorized interviews, sales, and similar events can be prevented or terminated by Sauerland Alpin Hotel.
4. The justified withdrawal of Sauerland Alpin Hotel or the prevention of an unauthorized event according to the above No. 3 does not give the customer a claim for damages.
5. If, following the above No. 2, Sauerland Alpin Hotel has a claim for damages against the customer, Sauerland Alpin Hotel may lump-sum the claim. Clauses IV No. 3 sentences 3 to 6 shall apply mutatis mutandis in this case.
VI. Provision, Handover, and Return of Rooms
1. The customer does not acquire a claim to the provision of specific rooms unless this has been expressly agreed upon.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer is not entitled to earlier provision. If a later arrival time has not been expressly agreed or the respective room has not been prepaid, Sauerland Alpin Hotel has the right to allocate the booked rooms to others after 6:00 p.m. without the customer deriving any claim against Sauerland Alpin Hotel from this. There is no obligation to make other arrangements.
3. On the agreed departure day, the rooms must be vacated and made available to Sauerland Alpin Hotel by 10:30 a.m. at the latest. Thereafter, Sauerland Alpin Hotel may charge 50% of the full list price for the contractually exceeded use of the room until 6:00 p.m., and at least 90% from 6:00 p.m. Contractual claims of the customer are not established hereby. The customer is free to prove that Sauerland Alpin Hotel has no claim to use fee or that a significantly lower claim has arisen.
VII. Liability of Sauerland Alpin Hotel
1. Sauerland Alpin Hotel is liable for damages caused by it resulting from injury to life, body, or health. Furthermore, Sauerland Alpin Hotel is liable for other damages caused by an intentional or grossly negligent breach of duty by Sauerland Alpin Hotel, and damages resulting from an intentional or negligent violation of contract-typical obligations by Sauerland Alpin Hotel. Contract-typical obligations are those obligations that enable the proper performance of the contract and on whose fulfillment the customer relies on and may rely. A breach of duty by Sauerland Alpin Hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, insofar as they are not otherwise regulated in this clause VII, are excluded. If disruptions or defects occur in the services of Sauerland Alpin Hotel, Sauerland Alpin Hotel will endeavor to remedy them upon knowledge or immediate complaint by the customer. The customer is obliged to contribute to what is reasonable for him to remedy the disturbance and to keep any possible damage to a minimum. Furthermore, the customer is obliged to inform Sauerland Alpin Hotel in good time of the possibility of an exceptionally high level of damage.
2. Left behind items of the customer will only be forwarded upon request, at the risk and expense of the customer. Sauerland Alpin Hotel keeps the items for three months; thereafter, if there is an identifiable value, they are handed over to the local lost property office. If the lost property office is not willing to take over, the items will be kept for another nine months and then either disposed of or destroyed. The liability of Sauerland Alpin Hotel is governed by the above No. 1 sentences 1 to 5 accordingly.
3. If a parking space is provided to the customer in the hotel garage or on a hotel parking lot, even for a fee, this does not establish a contract of safekeeping. There is no duty of supervision on the part of Sauerland Alpin Hotel. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, Sauerland Alpin Hotel is only liable in accordance with the above No. 1 sentences 1 to 5. Any damages must be reported to Sauerland Alpin Hotel immediately.
4. Messages, mail, and parcels for the guests are handled with care. Sauerland Alpin Hotel takes care of the delivery, storage (for parcels only by prior arrangement), and, on request, the forwarding of the same for a fee. The liability of Sauerland Alpin Hotel is governed by the above No. 1 sentences 1 to 4 accordingly.
VIII. Final Provisions
1. Changes or additions to the contract or these general terms and conditions shall be made in written form. Unilateral changes or additions by the customer are ineffective.
2. Place of performance and payment is the location of the hotel.
3. The exclusive place of jurisdiction - also for check disputes - is the registered office of the hotel in commercial transactions. If a contracting party meets the requirements of Section 38 (2) ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the registered office of the hotel shall be deemed the place of jurisdiction.
4. German law applies. The application of the UN Sales Convention and conflict of laws is excluded.
5. Should individual provisions of these general terms and conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.
As of November 1, 2022
