General terms of busines
Treschers Schwarzwaldhotel am See KG
Inh. Hansjörg Trescher
Telefon +49 7651 8050
Telefax +49 7651 8116
General terms and conditions for the Schwarzwaldhotel Trescher Titisee
1. Scope of Application
These terms and conditions apply to contracts for the transfer of rooms by way of lease for the accommodation of guests as well as for all other associated services and supplies rendered by the hotel.
2. Conclusion of Contract, - partner, liability
A guest accommodation contract (rental agreement) is excluded as soon as a room is booked or confirmed or - if a written confirmation was no longer possible due to a lack of time - after the order had been allocated.
The guest shall not acquire an entitlement to a particular room. Should the agreed rooms not be available then the hotelier undertakes to find an equivalent replacement in the hotel or other items.
The liability of the hotel is limited -insofar as permitted by law- to cases of wilful intent and gross negligence. The hotel shall not be liable for consequential damages, indebtedness when the contract is concluded or the violation of ancillary contractual obligations.
No safekeeping contract shall arise as a result of the free of charge provision of a parking space. The hotel shall only be liable for direct damages, which can be traced back to a lack of spaces, however, this shall only be a maximum amount of 5.000 euros per vehicle.
3. Services, prices, payments
The room that was ordered shall be provided to the guest at the latest from 4pm upon the day of arrival. After 6pm and provided that a later arrival time has not been arranged, the hotelier reserves the right to allocate the ordered room elsewhere.
The guest shall properly clear his room upon the day of departure by 11am at the latest provided that no later departure time has been agreed upon. In case of a delayed departure until 6pm then half and after 6pm, the full, room price shall be paid on top of what is already to be paid.
The prices agreed include the respective statutory value-added tax. Changes to the value-added tax rate after conclusion of the contract shall be at the expense of the guest or the contracting entity.
If the period of time between the conclusion of the contract and the arrival exceeds 180 days, then the hotel has the right to an appropriate increase of agreed prices in a case where it can prove price changes to the standard hotel prices which have taken place in the meantime.
Individual guest invoices shall be paid upon departure in cash, with an EC card or with one of the following accepted credit cards: Euro-Card or Visa-Card.
For a stay that is ordered for more than 3 days, the hotel has the right to an appropriate advanced payment and the details of which shall be directly agreed upon between the hotel and the guest.
Vouchers from tour operators shall only be accepted if there is a credit agreement with the relevant company or if the appropriate advance payments were made. It is not possible for the guest to get a direct refund from the hotel for voucher payments which have not been used.
Claims and rights arising from agreements with the hotel may only be transferred to third parties with the consent of the hotel.
4. Termination of the contract
Both contracting parties, the hotel and guest, can only terminate the guest accommodation contract for important reasons.
An important reason is i.e. in case of force majeure, inadmissable subletting of the room by the guest, default in payment with advance payments that were agreed upon in spite of an extension of time of 14 days, repeated or gross violation against the standard rules of common conduct.
A free of charge cancellation by the guest is only possible under a separate agreement.
Insofar as no other agreements exist, the guest is obliged to bear the following cancellation costs in case of non-utilisation of the services that were agreed and whereby even the hotels´ expenses saved shall be taken into consideration with the deductions:
- No cancellation costs up to 8 days before arrival
- 50% cancellation costs 7 to 4 days before arrival
- 80% of the agreed price from the 3rd day before the start of the journey
This shall also apply to early departure. For this purpose, we recommend that you get a travel cancellation insurance.
The hotel is obliged in good faith to assign rooms, wherever possible, that have not been occupied in order to prevent cancellation costs for the guest.
6. Liability for introduced items
Safekeeping requires an express agreement between the guest and the hotel. Even in this case, the hotel shall only be liable in the event of wilful intent or gross negligence.
The guest shall ensure that they only bring items into the hotel which are approved legally or by the competent authorities. In case of justified suspicion, the hotel will be authorised to demand official proof regarding this.
Lost property will only be forwarded within a one month retention period at the guest´s request, risk and costs. Afterwards, items which are left behind shall be disposed of without being entitled to a claim for compensation.
Should costs arise for the hotel as a result of storage costs for the non-removal of introduced items or due to their disposal because the guest did not remove them on time, then the guest shall be liable for the costs incurred for the hotel.
7. Liability of the guest for damages
The guest shall be liable for all damages to the buildings, fixtures and fittings, to the owner or to the members of staff at the hotel which are caused by event participants or visitors, members of staff or other third parties which are connected to the guest or by the guest himself.
If it is established that unpermitted dangerous goods have been introduced or the responsibility of ensuing damages has been determined, then the hotel can, at its discretion, demand that the guest provides an appropriate security such as i.e. the information about existing third party liability insurance, the payment of a deposit amounting to the expected amount of damage or the provision of a guarantee and this also applies insofar as the damages were caused by a third party that is affiliated with the guest.
The guest is liable for any potential payments for additionally ordered and consumed food and drinks from his accompanying person or visitors insofar as they failed to make a payment.
8. Wake-up services
The hotel shall strive to carry out its wake-up services with the utmost care. Claims for damages as a result of failure to do so shall, however, be excluded.
9. Post and shipments
The utmost care shall be taken with certain news, post and shipments which is for the attention of the guests. The hotel shall assume the storage, delivery and upon request, the forwarding for an appropriate level of remuneration. However, the liability for loss, delay or damage will be excluded.
10. Final provisions
Amendments and supplements to this contract require the written form in order to be valid.
The place of delivery and payments is the hotel´s registered office.
Should some of the provisions of these terms and conditions be or become invalid then it shall not affect the validity of the other provisions. With regard to the invalid section, it is the statutory provisions which shall apply. Insofar as these do not clarify the matter then the parties are obliged to reach a valid provision which corresponds to the originally intended meaning and purpose of the invalid provision.
The exclusive place of jurisdiction - even for disputes on cheques and exchange - is the hotel´s headquarters in commercial transactions.
Provided that a contracting party satisfies the condition of § 38 Para 1 of the Code of Civil Procedure (ZPO), and they have no general national place of jurisdiction, then the place of jurisdiction shall be the registered office of the hotel.
German law shall apply.
Titisee, January 2012