General Terms and Conditions

General Terms and Conditions for Hotel and Arrangement Services
of the VOYA Hotel Ringsheim.

 

Operating under:

Alte Burse Immobilienverwaltung GmbH & Co. KG
Schiffstraße 7 in 79098 Freiburg im Breisgau. Registered office Freiburg i. Br.

Local Court Freiburg i. Br.

HRA 4502, VAT ID: DE200316235.

 

General partner:

Alte Burse Verwaltungs GmbH
Registered office Freiburg i. Br.
Local Court Freiburg i. Br.

With the HRB 715624

Managing Director: Josef Hausner

 

The following terms and conditions apply to the provision of hotel rooms and to all other services provided to the customer by the above-mentioned company (hereinafter referred to as the hotel):

I. Conclusion of the contract, cancellation of the hotel accommodation contract

1. the hotel accommodation contract is concluded by the hotel's confirmation of a booking/reservation or by the customer's acceptance of a binding offer made by the hotel.
When booking on the Internet, the possibility of making a reservation does not constitute a binding offer by the hotel.
The contract is concluded as soon as the customer receives the hotel's booking confirmation.

 

2.

a. Bookings/reservations are binding for both partners.

b. The hotel is entitled
- to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee or a down payment. The type and amount of the advance payment and the payment dates shall be agreed in text form in the contract.
- to demand an advance payment or security deposit or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration after conclusion of the contract before or after the start of the stay in justified cases, e.g. payment arrears on the part of the customer.

c. Rebookings are not possible. If the customer cancels outside the cancellation period, the agreed price must be paid even if the customer does not make use of the contractual service.
However, the hotel must offset the income from renting the rooms to other parties and the expenses saved against the agreed price.
The hotel is entitled to make a flat-rate deduction for the expenses saved.
In this case, the customer is obliged to pay 90% of the agreed price and 90% for hotel arrangements.

d. If the guest does not make use of the booked room or the booked services without notifying the hotel in good time (no show), the hotel is entitled to collect up to 90% of the total bill for overnight stays and all other services.
The regulation also applies accordingly if the number of rooms ordered and/or the length of stay is reduced.

 

3.

If the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences, the hotel is not entitled to compensation.
Decisive for the timeliness of the declaration of withdrawal is its receipt by the hotel. In this case, the customer must declare the withdrawal in writing.

 

4.

The hotel is entitled to withdraw from or terminate the contract for good cause.
An important reason exists in particular if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract.
rooms were booked under misleading or false statements of material facts, e.g. concerning the hotel guest (name, address, etc.) or the purpose.
If the hotel has reasonable grounds to believe that the use of the hotel's services could jeopardize the smooth operation, safety or reputation of the hotel.
If the hotel's withdrawal or termination is justified, the customer is not entitled to compensation.

 

5.

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.
This applies if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel within a reasonable period of time.
This applies accordingly if an option is granted, if other inquiries have been received and the customer is not prepared to make a firm booking after the hotel has set a reasonable deadline.

 

I. Arrival and departure

1. the hotel is obliged to make the reserved rooms available from 15:00 on the day of arrival. Whenever possible, rooms will be made available earlier if necessary. There is no entitlement to an earlier handover. Unless otherwise expressly agreed and a later arrival time has been communicated by the customer to the VOYA, the hotel shall keep reserved rooms available until 18:00. After this time, the hotel is free to allocate rooms elsewhere.

2. booked rooms are available to the guest until 12:00 noon on the day of departure. The guest may only extend the scheduled check-out time after 12:00 noon by express agreement. Such an agreement can only be made bindingly at reception by 9:00 p.m. on the day before departure at the latest. If the guest does not leave the room until after 12:00 noon, the hotel may extend the check-out time until 3:00 pm.
30, - € after 16:00 o'clock the full accommodation price for this day additionally require. If the room is subsequently occupied and the hotel suffers a loss due to the continued occupancy, the hotel has the right to claim this loss as compensation from the customer.

3. if the customer has not reserved all of the hotel's rooms, there is no entitlement to the selection of specific rooms or rooms within a room category.

4. when making a reservation with a pet, please note that a maximum of one pet is allowed per room. We define a pet as a dog. We do not allow any animals other than dogs. There are separate charges for accommodation with pets.

 

III Payment, place of performance

1. the agreed prices include the statutory value added tax.

2. accrued receivables may be declared due at any time and immediate payment may be demanded.

3. in the event of default in payment, the hotel is entitled to charge interest on the outstanding invoice amount at a rate of 5 percentage points above the respective base interest rate of the Deutsche Bundesbank. The hotel reserves the right to prove higher interest damages.

4. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

5. the place of performance and payment is the registered office of the booked hotel.

 

IV. External services

1. in addition to the hotel services, third-party services may be arranged for the customer, e.g. sports courses, visits to events and excursions, etc. Third-party services are not provided by the hotel, but by third parties (service providers) under their own responsibility. The customer concludes the respective contract directly with the organizer.

 

 

V. Liability / Statute of limitations

1.
a. The liability of the hotel in the area of its own service provision is excluded, unless otherwise regulated in the following provisions.

b. The exclusion of liability pursuant to lit. a. shall not apply to damages caused by culpable breach of a material contractual obligation in a manner that jeopardizes the achievement of the purpose of the contract. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. However, liability is limited to the damage typical for the contract, the occurrence of which each party to the contract had to expect based on the circumstances known to it at the time.

c. Furthermore, the exclusion of liability according to lit. a. does not apply to damages resulting from injury to life, body or health, which are based on a negligent breach of duty by the hotel or its legal representatives or vicarious agents.

d. The exclusion of liability according to lit. a. does not apply to damages caused by an intentional or grossly negligent breach of duty by the hotel or its legal representatives or vicarious agents.

e. The exclusion of liability according to lit. a. does not apply to claims arising from the Product Liability Act.

f. Insofar as the liability of the hotel is excluded or limited, this also applies to the liability of its legal representatives, employees and vicarious agents.

 

2 Strict liability for damages for defects that already existed when the contract was concluded (Section 536a BGB) is excluded.

3. the limitation period for claims of the customer against the hotel is six months after provision of the contractually agreed hotel service. The short limitation period applies in favor of the hotel both for contractual claims and for claims in tort.

4 No guarantee and/or liability is assumed for third-party services within the meaning of Section IV.

5. the hotel shall be liable to the guest in accordance with the statutory provisions. The hotel shall not be liable if the room or containers in which the guest leaves items are left unlocked. Guests or customers are requested to ensure that valuables are not left in the room or are stored in the room safe. Money must be deposited against receipt.

6. if the customer is provided with a parking space on the hotel property or in the underground parking garage, the customer merely concludes a contract with the hotel for the rental of the parking space. There is no surveillance and no safekeeping agreement is concluded. The hotel is not liable for loss of or damage to a motor vehicle parked on the hotel property/underground parking garage and/or for its contents, unless the hotel is responsible for the damage in accordance with the provision under 1.

7. the deliberate or grossly negligent triggering of a fire alarm, in particular due to improper handling of smoke detectors, fire alarm systems or other safety equipment, will result in the calculation of a lump-sum compensation of € 1,000.
This lump sum includes in particular the costs for the deployment of the fire department and the hotel's operating expenses caused by the alarm.
The guest reserves the right to prove that no damage at all or significantly less damage was incurred. The hotel reserves the right to claim further damages.
If the general smoking ban in the hotel area is disregarded, the hotel reserves the right to charge a flat rate of €150 for special cleaning.

VI Final provisions

1. if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the hotel shall be the hotel's registered office.

2 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

3.in accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes („ODR platform“): http://ec.europa.eu/consumers/odr/. However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.