General Terms and Conditions

General Terms and Conditions of Hotel Bayern Vital for the hotel accommodation contract (GTC)

1. Scope
1.1 These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of Section 651a of the German Civil Code (BGB). The term “hotel accommodation contract” includes and replaces the terms accommodation contract, guest accommodation contract, hotel contract, and hotel room contract.
1.2. Subletting or re-letting the rooms provided, as well as using them for purposes other than accommodation, requires the hotel’s prior consent in text form; the right of termination pursuant to Section 540 (1) sentence 2 BGB is excluded.
1.3. The customer’s general terms and conditions shall apply only if this has been expressly agreed in advance.

2. Conclusion of contract, contracting parties
The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. In the case of booking via the hotel’s own website, the contract is concluded by clicking the “Book with obligation to pay” button. The hotel is free to confirm the room booking in text form.

3. Services, prices, payment, set-off
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2. The customer is obliged to pay the agreed or applicable hotel price for the provision of the rooms and for any additional services used by the customer. This also applies to services commissioned by the customer directly or via the hotel that are provided by third parties and advanced by the hotel.
3.3. The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local charges that, under the respective municipal law, are owed by the customer themselves, such as visitor’s tax. If the statutory VAT changes or local charges relating to the service are introduced, changed, or abolished after the contract is concluded, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between conclusion of the contract and performance of the contract exceeds four months.
3.4. If payment by invoice has been agreed, payment—unless otherwise agreed—must be made within ten days of receipt of the invoice, without deduction.
3.5. Upon conclusion of the contract, the hotel is entitled to require 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 may be agreed in the contract in text form. In the event of late payment by the customer, the statutory provisions apply. Statutory provisions regarding advance payments or security deposits for package tours remain unaffected.
3.6. In justified cases, for example if the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to require an advance payment or security deposit within the meaning of the above clause 3.5, or to increase the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.7. Furthermore, at the beginning of and during the stay, the hotel is entitled to require an appropriate advance payment or security deposit within the meaning of the above clause 3.5 for existing and future claims arising from the contract, insofar as such has not already been provided pursuant to the above clause 3.5 and/or clause 3.6.
3.8. The customer may set off or offset against a claim of the hotel only with an undisputed or legally established claim.
3.9 The customer agrees that the invoice may be transmitted to them electronically.

4. Withdrawal by the customer / non-utilisation of the hotel’s services (no-show)
4.1 Unilateral withdrawal by the customer from the contract concluded with the hotel is possible only if a right of withdrawal has been expressly agreed in the contract or a statutory right of withdrawal or termination exists.
4.2 If a deadline for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any payment or compensation claims by the hotel. The customer’s right of withdrawal expires if the customer does not exercise this right vis-à-vis the hotel by the agreed date.
4.3. If no right of withdrawal has been agreed, or it has already expired, and there is also no statutory right of withdrawal or termination, the hotel retains the right to the agreed remuneration despite non-utilisation of the service. The hotel must credit income from renting the rooms to others as well as saved expenses. If the rooms are not rented to others, then, unless otherwise agreed, the following calculation schemes apply in the event of no-show or cancellation:
Up to 28 days before arrival – free cancellation
27–15 days before arrival: 25% of the total travel price will be charged
14–7 days before arrival: 45% of the total travel price will be charged
6–1 day before arrival: 75% of the total travel price will be charged
In the event of cancellation on the day of arrival or no-show, the total travel price will be charged.
The customer is free to prove that the above claim did not arise or did not arise in the amount claimed.

5. Withdrawal by the hotel
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during this period if enquiries from other guests for the contractually booked rooms exist and the customer, upon enquiry by the hotel with a reasonable deadline, does not waive their right of withdrawal. This applies accordingly if an option has been granted, if other enquiries exist and the customer, upon enquiry by the hotel with a reasonable deadline, is not ready to make a binding booking.
5.2. If an advance payment or security deposit agreed or requested pursuant to clause 3.5 and/or clause 3.6 is not made even after expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3. Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason with immediate effect, in particular if
− force majeure or other circumstances beyond the hotel’s control make performance of the contract impossible;
− rooms or premises are booked culpably by providing misleading or false information or by concealing material facts; material facts may include the customer’s identity, ability to pay, or the purpose of the stay;
− the hotel has justified reason to assume that use of the service may jeopardise the smooth operation of the business, the security, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organisation;
− the purpose and/or occasion of the stay is unlawful;
− there is a breach of the above clause 1.2.
5.4 A justified withdrawal by the hotel does not give rise to any claim for damages by the customer. If, in the event of withdrawal pursuant to the above clause 5.2 or 5.3, the hotel has a claim for damages against the customer, the hotel may calculate this as a lump sum. Clause 4.3 applies accordingly in this case.

6. Provision, handover and return of rooms
6.1 The customer does not acquire any entitlement to the provision of specific rooms unless this has been expressly agreed in text form.
6.2. Booked rooms are available to the customer from 2:00 PM on the day of arrival, or as agreed. The customer has no entitlement to earlier availability.
6.3. On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 10:00 AM. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price (list price) for use beyond the contract until 6:00 PM, and 90% from 6:00 PM onwards. This does not establish any contractual claims by the customer. The customer is free to prove that the hotel incurred no claim for a usage fee or a substantially lower one.

7. Liability of the hotel
7.1 The hotel is liable for damages for which it is responsible resulting from injury to life, body, or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel, or on an intentional or negligent breach of duties typical of the contract by the hotel. Duties typical of the contract are those duties that make proper performance of the contract possible in the first place and on the fulfilment of which the customer relies and may rely. 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 clause 7. Should disruptions or defects occur in the hotel’s services, the hotel will endeavour to remedy them upon becoming aware of them or upon immediate notification by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and to keep any possible damage to a minimum.
7.2. The hotel is liable to the customer for items brought in, in accordance with the statutory provisions. The hotel recommends using the hotel or in-room safe. If the customer wishes to bring in money, securities, and valuables with a value of more than €800, or other items with a value of more than €3,500, this requires a separate safekeeping agreement with the hotel.
7.3. If the customer is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel is liable only in accordance with the above clause 7.1, sentences 1 to 4.
7.4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and goods shipments for guests are handled with care. The hotel undertakes delivery, safekeeping and—upon request—for a fee, forwarding of mail and goods shipments. The hotel is liable in this respect only in accordance with the above clause 7.1, sentences 1 to 4.

8. Final provisions
8.1 Amendments and additions to the contract, acceptance of the application, or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer are invalid.
8.2. If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is the company’s registered office (Ulm). Alternatively, the hotel may also sue the customer at the customer’s place of jurisdiction. The same applies in each case to guests who do not fall under sentence 1 if they do not have their registered office or residence in an EU Member State.
8.3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-laws rules is excluded.
8.4. In accordance with its legal obligation, the hotel points out that the European Union has established 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.
8.5. 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. In all other respects, the statutory provisions apply.