General Terms and Conditions
I. Scope of Application
1. These General Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided by Hotel Fichtelberghaus for the customer (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
2. For the booking of event rooms and the execution of events, only the General Terms and Conditions for Events at Hotel Fichtelberghaus apply. The customer's general terms and conditions shall only apply if this has been expressly agreed upon in text form beforehand.
II. Conclusion of Contract, Contracting Parties, Statute of Limitations
1. The contracting parties are the hotel and the customer. The contract is concluded by the hotel's acceptance of the customer's request. The hotel is free to confirm the room booking in text form.
2. If a third party has made a booking for the customer, the customer shall be jointly and severally liable with the third party to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. Irrespective of this, the third party is obliged to forward all booking-relevant information, especially these General Terms and Conditions, to the customer.
4. All claims against the hotel generally become time-barred after 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 an intentional or grossly negligent breach of duty by the hotel.
III. Services, Prices, Payment, Offsetting
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The subletting or re-letting of the provided rooms, as well as their use for purposes other than accommodation, requires the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived, unless the customer is a consumer.
3. The customer is obliged to pay the applicable or agreed prices of the hotel for the room provision and the other services used by them. This also applies to services and expenses of the hotel to third parties initiated by the customer. For the use of services in normal hotel operations or restaurant areas that require the provision of staff, the hotel is entitled to charge reasonable surcharges per hour started after 12:00 AM.
4. The agreed prices include the taxes and local levies applicable at the time of contract conclusion. Local levies that are owed by the customer themselves according to the respective municipal law (e.g., tourist tax) are not included; these must be paid by the customer and their fellow travelers on site according to local rates.
5. In the event of a change in the statutory VAT or the introduction, change, or abolition of local levies on the subject of performance after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and contract fulfillment exceeds 4 months.
6. Billing is done in EURO currency. In the case of payment with foreign means of payment, exchange rate differences and bank charges shall be borne by the party obliged to pay.
7. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's services, or the customer's length of stay, as requested by the customer, dependent on an increase in the price for the rooms or for the other services of the hotel.
8. Hotel invoices without a due date are payable immediately upon receipt without deduction. The hotel can demand immediate payment of due claims from the customer at any time. In case of default of payment by the customer, the statutory regulations apply. The hotel reserves the right to prove higher damages.
9. Upon conclusion of the contract, the hotel is entitled to demand a reasonable 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 text form in the contract. For advance payments or security deposits for package tours, the statutory provisions remain unaffected. In case of default of payment by the customer, the statutory regulations apply.
10. In justified cases, e.g., in the event of payment arrears by the customer or an expansion of the scope of the contract, the hotel is entitled, even after the conclusion of the contract, to demand an advance payment or security deposit within the meaning of the preceding Section III.9 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
11. The customer can only offset a claim of the hotel with an undisputed or legally established claim.
12. The hotel has a lien on all items brought into the hotel by the customer for its claims, pursuant to § 704 BGB.
13. Dogs and other pets are only allowed in selected rooms and the “Erzgebirgsstuben” restaurant. Pets are not permitted in the “das Guck” restaurant.
14. If the customer receives access to the internet via the hotel's guest Wi-Fi system as a voluntarily provided service, they must always comply with the applicable laws and regulations in the Federal Republic of Germany and those legal systems that could be affected by using the internet via Wi-Fi. In particular, but not exclusively, they must observe all provisions of applicable intellectual property law, public safety, and order, and refrain from any actions or omissions that are penalized as administrative offenses or criminal acts, and furthermore, always refrain from anything that could harm the good reputation and/or public image of the hotel or its operators.
The use of the internet is at the customer's own risk. The hotel is particularly not liable for the technically caused failure of the internet or access to the internet. Furthermore, the hotel is not liable for any damages (direct or indirect) incurred by the customer through the use of the internet, especially to their end devices, e.g., due to virus infection or other malware. Changes to the (technical) facilities provided by the hotel for the use of Wi-Fi or the internet are to be refrained from by the customer at all times. In case of technical problems during the use of the internet via the Wi-Fi service, hotel staff must be consulted; unauthorized attempts at solutions by the customer are to be refrained from.
If and to the extent that the hotel provides the customer with internet access via Wi-Fi, the hotel does not charge any separate costs beyond the overnight stay price for this.
IV. Customer's Withdrawal (i.e., Cancellation) and Non-utilization of Hotel Services
1. A withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed upon in the contract, another statutory right of withdrawal exists, or if the hotel expressly agrees to the termination of the contract.
The agreement of a right of withdrawal and any consent to a contract termination should each be made in text form.
2. The customer is free to withdraw from the contract (right of cancellation). Unless expressly stipulated otherwise in the contract, the following cancellation fees apply in the event of exercising the right of cancellation:
Cancellation of an overnight stay up to
- 7 days before arrival date
Cancellation without incurring payment or compensation claims from the hotel (free cancellation).
- 2 days before arrival date
Cancellation fees amounting to 85% of the agreed remuneration.
- 1 day before arrival date
Cancellation fees amounting to 90% of the agreed remuneration.
If the cancellation occurs on the day of arrival, the full amount of the agreed remuneration is payable.
The customer's right of withdrawal expires if they do not exercise their right of withdrawal to the hotel in text form by 1 day before the arrival date/event date.
3. The cancellation of an event (conference, seminar, celebration, etc.) does not fall under the
scope mentioned in point IV. 2. and will be regulated individually and separately depending on the scope and duration of the booked event.
4. If a right of withdrawal has not been agreed upon or has already expired, and there is no statutory right of withdrawal or termination, and the hotel does not agree to a contract termination, the hotel retains the right to the agreed remuneration despite non-utilization of the service. The hotel must credit income from other rentals/reservations of rooms/premises/tables and saved expenses. If the rooms/premises/tables are rented/assigned elsewhere, the hotel may apply a flat-rate deduction for
saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price. The customer is free to prove that the aforementioned claim did not arise or did not arise to the extent demanded.
5. If the hotel calculates the compensation specifically, the amount of compensation is maximally the amount of the contractually agreed price for the service to be provided by the hotel, minus the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
V: Hotel's Withdrawal
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 inquiries from other customers for the contractually booked rooms and the customer, upon the hotel's inquiry with a reasonable deadline, does not waive their right of withdrawal.
2. If an advance payment or security deposit agreed upon or demanded according to Section III.9 and/or Section III.10 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.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, particularly if:
- Force majeure or other circumstances beyond the hotel's control make the fulfillment of the contract impossible;
- Rooms are booked culpably under misleading or false information or by concealing essential facts; essential facts may include the customer's identity, solvency, or purpose of stay;
- The hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety, or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
- The purpose or occasion of the stay is unlawful;
- There is unauthorized subletting or re-letting according to Section III.2;
- The hotel becomes aware of circumstances indicating that the customer's financial situation has significantly deteriorated after the conclusion of the contract, especially if the customer does not settle due claims of the hotel or an insolvency proceeding has been opened against them.
4. In the event of a justified withdrawal by the hotel, the customer has no claim for damages.
VI: Room Provision, Handover, and Return
1. The customer does not acquire a right to the provision of specific rooms, unless this has been expressly promised by the hotel and at least in text form.
2. Booked rooms are available to the customer from 3:00 PM on the agreed arrival day for regular hotel rooms and from 4:00 PM for hotel suites (Check-In time). The customer has no right to earlier provision.
3. On the agreed departure day, the rooms must be vacated and made available to the hotel by 10:00 AM at the latest (Check-Out time). After this time, due to a delayed vacating of the room or suite, the hotel may charge 50% of the full lodging price (list price) for its use beyond the contract until 6:00 PM, and 100% from 6:00 PM onwards. This does not establish any contractual claims for the customer. The customer is free to prove that the hotel has incurred no or a significantly lower claim for usage fees. Furthermore, the hotel reserves the right to prove and assert higher damages.
VII: Hotel's Liability
1. The hotel is liable for damages for which it is responsible arising from injury to life, body, or health, for claims under product liability, in the case of a guarantee assumed by the hotel, and for fraudulently concealed defects. Furthermore, it is liable for other damages 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. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this Section VII.
Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy them upon knowledge or immediate notification by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimize any possible damage, and to notify the hotel immediately of all disruptions or damages.
2. The hotel is liable for items brought in by the customer according to statutory provisions (§§ 701 et seq. BGB). The hotel recommends using 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, a separate storage agreement with the hotel is required.
3. Insofar as the customer is provided with a parking space in the hotel garage or on a hotel parking lot – even for a fee – this does not constitute a safekeeping agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with Section VII.1.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and consignments for customers are also handled with the utmost care. The hotel undertakes the delivery and storage (each within the hotel) and – upon request – the forwarding of the same for a fee. The hotel is only liable in accordance with Section VII.1.
VIII: Final Provisions
1. Amendments or additions to the contract, the acceptance of the application, or these general terms and conditions for the hotel accommodation contract shall be made in text form. Unilateral amendments or additions by the customer are ineffective.
2. The place of performance and payment, as well as the exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions is the location of the hotel. If a contracting party fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
3. German law applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
4. Should individual provisions of these general terms and conditions for the hotel accommodation contract be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions apply.