of Hotel Bachmair Weissach GmbH & Co. KG for non-commercial transactions

 

I. General Terms and Conditions

1. These General Terms and Conditions shall apply to all contracts concluded with the hotel insofar as they meet the requirements of the German law governing standard business terms and conditions (AGB). They may be partially replaced by individually negotiated agreements.
    
2. The customer or guest shall bear the sole liability risk for objects or materials left by them in publicly accessible areas, technical facilities or event rooms of the hotel. Liability for items kept in guest rooms can only be assumed if such items are personal belongings which the guest effectively requires during the use of the room. Liability shall in such cases be limited to the legally permissible extent. Valuables such as jewelry, cash, fur coats or similar items must be deposited at the hotel reception desk, whereby a separate safekeeping agreement must be concluded with an authorized representative. The hotel shall not be liable for valuables not deposited accordingly.
    
3. All prices quoted and agreed shall be in EURO. Should foreign currencies be mentioned, such references shall merely serve as non-binding guidance based on the exchange rate applicable at the time of publication.
    
4. If the customer is provided with a parking space in the hotel parking area or garage, whether free of charge or for a fee, no safekeeping agreement shall thereby be established. The hotel shall not be under any obligation to monitor the parking area.
    
5. By visiting Tegernsee Phantastisch, the customer or guest automatically agrees to the General Terms and Conditions of Tegernsee Phantastisch.

 

II. Terms and Conditions for Accommodation

1. A contract shall be deemed concluded once a reservation request has been followed by a corresponding confirmation. In the case of hotel accommodation, the accommodation agreement (guest accommodation contract) shall also be deemed concluded if a room is provided without prior confirmation. The conclusion of the accommodation agreement obliges both contracting parties to fulfill the contract irrespective of the duration for which it was concluded. The contract may not be terminated unilaterally.
    
2. Reserved rooms shall be available from 3:00 p.m. on the day of arrival and until 11:30 a.m. on the day of departure. Unless a later arrival time has been expressly agreed, the hotel shall be entitled to reassign the reserved room after 6:00 p.m.
    
3. The quoted room rates include VAT and service charges and apply to a service period of one day.
    
4. Invoice amounts shall become due immediately upon receipt of the invoice and payable without deduction in cash.
    
5. The acceptance of credit cards shall in all cases remain at the discretion of the hotel, irrespective of any notices regarding general acceptance displayed on the premises. Credit cards, checks and other means of payment shall only be accepted on account of performance. The due date for cash payment shall remain unaffected by the acceptance of such means of payment.
    
6. If the period between conclusion of the contract and the use of the service exceeds four months, and if the price charged for the service changes, the agreed price may be adjusted accordingly by a maximum of 10%. Should the applicable VAT rate change, the agreed price shall be adjusted accordingly.
    
7. No refund shall be granted for services or partial services paid for but not used.
    
8. In the event of late payment, the hotel shall be entitled to charge interest at a rate of 4% above the applicable discount rate of the German Federal Bank.
    
9. If the invoice amount exceeds EUR 500.00, a consolidated invoice may be sent upon request of the customer. Invoices shall be payable within 10 days of receipt. The hotel reserves the right to request payment of individual invoices in advance.
    
10. Delay in payment of even a single invoice shall entitle the hotel to suspend all further and future services for the customer. The hotel may exercise this right without prior notice.
     
11. For stays exceeding six days or where the invoice amount exceeds EUR 255.00, the hotel reserves the right to issue interim invoices.
     
12. If the person placing the order is not simultaneously the customer or guest, or if the order is placed on behalf of another person, both parties shall be jointly and severally liable.
     
13. The hotel shall endeavor to carry out wake-up calls with the utmost care. Claims for damages arising from any failure to do so shall, however, be excluded.
     
14. Messages, mail, parcels and goods intended for the customer shall be handled with the utmost care. The hotel shall undertake storage, delivery and, upon request and against payment, forwarding of such items. Liability for loss, delay or damage is excluded.
     
15. Items left behind by the customer shall only be forwarded upon request and at the customer’s risk and expense. The hotel undertakes to store such items for six months. Thereafter, provided the items appear to have value, they shall be handed over to the local lost property office.
     
16. Non-Smoking Policy and Special Cleaning
    The hotel is operated as a non-smoking property. Smoking is strictly prohibited in all guest rooms as well as in all public areas of the hotel. This also applies to e-cigarettes, vaporizers and similar devices.
    In the event of a violation of the non-smoking policy or in cases of excessive soiling of the room, for example due to improper use, stains on upholstery or carpets, or contamination caused by bodily fluids requiring treatment beyond the scope of standard final cleaning, the hotel shall be entitled to charge a cleaning fee of no less than EUR 250.00.
    The guest shall be entitled to prove that no damage occurred or that the actual damage incurred was significantly lower. The hotel reserves the right to separately charge for any higher actual cleaning costs incurred or for loss of revenue resulting from the temporary unavailability of the room, provided such costs can be substantiated.
     
17. The hotel may refuse to provide its services until the due consideration has been rendered.
     
18. Notices of cancellation must generally be submitted in writing.

The cancellation conditions agreed in the contract shall apply.

 

III. Special Terms and Conditions for Conferences, Seminars and Other Catering Services

(in addition to the accommodation terms set out under Section II)

1. A contract shall be deemed concluded once the hotel has issued a written order confirmation. Orders and confirmations must be made in writing.
    
2. The person appearing to the hotel as the organizer shall be deemed the organizer, irrespective of whether such person has authority of representation. In cases of doubt, such person shall be jointly and severally liable together with the actual organizer.
    
3. Should the organizer be a political, ideological or religious organization, Scientology group and/or affiliated organization or similar entity, the validity of the contract shall additionally require the prior written approval of the hotel management. If the organizer conceals such affiliation from the hotel, the hotel shall be entitled to terminate the contract and claim at least the agreed remuneration as damages. The same shall apply if the nature of the event may jeopardize the reputation or security of the hotel or disrupt normal business operations.
    
4. Subletting or re-letting by the organizer shall require the hotel’s prior written consent.
    
5. The services shall comprise the partial services specified in the order and confirmed in writing.
    
6. Reserved rooms and event spaces shall be available to the organizer during the agreed contractual period. They must be vacated and returned in proper condition upon completion of the event.
    
7. The number of participants communicated in writing by the organizer no later than three working days prior to the event shall be deemed binding. In the event of a reduction exceeding 10%, the guaranteed number of participants shall serve as the basis for invoicing. In the event of an increase exceeding 10%, the hotel cannot guarantee the provision of the agreed services. In such cases, the hotel shall additionally be entitled to adjust the agreed price accordingly. The cancellation periods and fees applicable to accommodation bookings shall apply mutatis mutandis.
    
8. The hotel shall be entitled to request advance payment from the organizer.
    
9. As a rule, the organizer may not bring food or beverages to events. Exceptions require a separate written agreement. In such cases, the hotel shall be entitled to charge a service fee or corkage fee.
    
10. For evening events, the hotel reserves the right to charge a night surcharge of EUR 130.00 per commenced hour after 11:00 p.m.
     
11. Should disruptions or defects occur in technical or other equipment provided by the hotel, the hotel shall endeavor to remedy such issues without delay. The organizer shall not be entitled to withhold or reduce payment on this basis. Where the hotel procures technical or other equipment from third parties on behalf of the organizer, it shall do so in the name and for the account of the organizer.
     
12. The organizer shall be liable for the careful handling and proper return of rooms and facilities and shall indemnify the hotel against all third-party claims arising from the provision thereof. Decorations or other objects may not be attached or installed without the hotel’s prior express consent. If such consent is granted, the customer shall ensure that such materials comply in particular with fire safety regulations. The organizer shall be liable for any damages of any kind regardless of fault.
     
13. Newspaper advertisements or other publications containing invitations to events referencing the hotel’s name and address shall generally require the hotel’s prior express written approval. If such publication occurs without approval, the hotel reserves the right to cancel the event, including at short notice. Any resulting costs or claims for damages shall be borne by the organizer.
     
14. Any official permits required for an event must be obtained by the customer in due time and at their own expense. The customer shall be responsible for compliance with public law requirements and all other regulations. Fees payable to third parties in connection with the event (in particular GEMA fees or similar charges) shall be paid directly by the customer to the respective creditor.
     
15. Costs for the disposal of packaging materials or similar items shall be charged separately to the organizer unless the organizer undertakes such disposal independently.
     
16. In cases of force majeure, strikes or similar circumstances, the hotel shall be entitled to withdraw from the contract without incurring liability for damages.

 

IV. Liability

1. The provisions of Sections 701 to 703 of the German Civil Code (BGB) shall apply. Any liability on other grounds shall be excluded unless the damage was caused by gross negligence or intent on the part of the hotel or its agents.
    
2. If the contractual partner is a registered merchant (Vollkaufmann), such partner shall be liable without limitation for all contractual obligations, including those of participants or guests.

 

V. Miscellaneous Provisions

1. Place of performance and payment shall be the registered office of the hotel.
    
2. The place of jurisdiction shall be the registered office of the hotel. If one contractual party fulfills the requirements of Section 38 (1) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within the Federal Republic of Germany, the registered office of the hotel shall be deemed the place of jurisdiction.
    
3. The laws of the Federal Republic of Germany shall apply.
    
4. The headings are for convenience only and shall have no substantive legal effect.