Terms & Conditions
I. Scope of application
These terms and conditions apply to contracts for the accommodation of hotel rooms of the Seehotel Wiesler GmbH for accommodation as well as all other services provided by the Seehotel Wiesler for the customer (hotel accommodation contract).
The subcontracting or re-letting of the premises, the use of the hotel rooms provided for purposes other than promotion purposes, public invitations or other advertising measures for presentations, sales and similar events and the use of hotel spaces outside the rented premises for the aforementioned events require prior express consent Of the Seehotel Wiesler GmbH and can be made dependent on the payment of an additional fee. § 540 para. 1 sentence 2 BGB shall not apply if the customer is not a consumer.
The customer's terms of business are only applicable if this has been expressly agreed previously.
II. Conclusion of contract; Statute of limitations
The contract is concluded by the acceptance of the customer's request by Seehotel Wiesler. The Seehotel Wiesler GmbH is free to confirm the room booking in text form.
All claims against Seehotel Wiesler GmbH shall be subject to a limitation period of one year from the statutory start of limitation. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by Seehotel Wiesler GmbH.
III. Services, prices, payment, offsetting
1. The customer is obligated to pay the prices of the Seehotel Wiesler agreed or valid for the room transfer and the additional services used by him. This also applies to the services of third parties commissioned directly by the customer or via the Seehotel Wiesler GmbH, whose remuneration is expensed by the Seehotel Wiesler GmbH.
2. The agreed prices are inclusive of the taxes and local taxes applicable at the time of conclusion of the contract. Local taxes are not included, which are payable by the guest according to the respective local law, such as tourist tax. If the statutory value-added tax or the new introduction, change or abolition of local taxes on the object of performance after the contract is amended, the prices are adjusted accordingly. In the case of contracts with consumers, this applies only if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3. The Seehotel Wiesler GmbH may make its consent to a subsequent reduction in the number of rooms booked, the hotel's performance or the duration of the stay dependent on the price for the rooms and / or for the other services of the hotel elevated.
4. If payment has been agreed upon invoice, the payment has to be effected without deduction within 10 days from receipt of the invoice, subject to a different agreement.
5. The customer must pay dunning costs of € 5 to the Seehotel Wiesler for each reminder after delay. The customer is free to prove that no or only substantially lower costs have been incurred.
6. The Seehotel Wiesler GmbH is entitled to demand a reasonable advance payment or guarantee, eg in the form of a credit card guarantee, at the conclusion of the contract by the customer. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The statutory provisions shall remain unaffected in the case of prepayments or security payments for package tours.
7. In justified cases, for example, the customer 's payment arrears or an extension of the scope of the contract, Seehotel Wiesler GmbH is entitled, even after the conclusion of the contract, to advance payment or security as defined in No. 6 above or to increase the advance payment agreed in the contract To the full agreed remuneration.
8. The Seehotel Wiesler GmbH is also entitled, at the beginning and during the stay, to require the customer to make an adequate advance payment or security deposit in the sense of the preceding No. 6, insofar as such has not already been provided in accordance with the above numbers 6 and / or 7.
IV. Cancellation by the customer / non-use of the services of the Seehotel Wiesler GmbH
1. A withdrawal of the customer from the contract concluded with the Seehotel Wiesler GmbH is only possible if a right of rescission has been expressly agreed in the contract, a legal right of rescission exists or if the Seehotel Wiesler GmbH expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form.
2. If an appointment for the free exercise of the right of rescission has been agreed, the customer can withdraw from the contract by then, without payment or damages claims of the Seehotel Wiesler GmbH trigger. The right of withdrawal of the customer expires if he does not exercise it in writing until the agreed date vis-à-vis the Seehotel Wiesler GmbH.
3. If a right of rescission has not been agreed upon or has already expired, there is no statutory right of rescission and if Seehotel Wiesler GmbH does not agree to a cancellation of the contract, Seehotel Wiesler GmbH reserves the right to the agreed remuneration despite non-utilization of the service. The Seehotel Wiesler GmbH has to charge the income from the renting of the rooms and the saved expenses. If the rooms are not rented elsewhere, Seehotel Wiesler GmbH can demand the contractually agreed remuneration and deduct the deduction for expenses saved. The customer is obliged in this case to pay at least 80% of the contractually agreed price for overnight stay with or without breakfast as well as for lump-sum arrangements with third-party services, 70% for half-pension and 60% for full-pension arrangements. He is free to prove that the aforementioned claim has not occurred or has not occurred to the required amount.
V. Cancellation by Seehotel Wiesler GmbH, unauthorized events
1. If contractually agreed that the customer can cancel the contract free of charge up to a certain date, Seehotel Wiesler GmbH is entitled on this date to cancel the contract in full or in part if other customers' requests for the contractually booked rooms are available Customer on inquiry from the Seehotel Wiesler GmbH with reasonable setting of time on his right to the rescission not renounced. This applies accordingly if an option is granted, if other inquiries are available and the customer is not willing to make a fixed booking at the appropriate time for the consultation of the Seehotel Wiesler GmbH.
2. Furthermore, Seehotel Wiesler GmbH is entitled to withdraw from the contract for materially justifiable reasons, in particular if
- force majeure or other circumstances beyond the control of Seehotel Wiesler GmbH render the fulfillment of the contract impossible;
- hotel services were misled, misled or misrepresented, or concealed from contractual facts. Contracts may be the identity of the customer, his solvency or the purpose of his stay;
- The Seehotel Wiesler GmbH has reason to believe that the use of the hotel service could jeopardize the smooth operation, safety or reputation of Seehotel Wiesler GmbH without affecting the domination or organization of the Seehotel Wiesler GmbH ;
- the purpose or reason of the stay is illegal;
- there is a violation of clause I, point 2;
- required an agreed upon or clause III No. 6 and / or 7 pursuant to Clause III above
- advance payment was not made even after the expiry of a reasonable period of grace set by Seehotel Wiesler GmbH.
3. Unauthorized presentations, sales and similar events may be suspended or terminated by Seehotel Wiesler GmbH.
4. The justified rescission of the Seehotel Wiesler GmbH or the inclusion of an unauthorized event according to the above No. 3 does not constitute a claim of the customer for damages.
5. If, in the case of a withdrawal according to the above no. 2, a claim for damages from the Seehotel Wiesler GmbH against the customer exists, the Seehotel Wiesler GmbH can claim the lump sum. Clause IV No. 3 sentences 3 to 6 shall apply accordingly in this case.
VI. Room preparation, delivery and return
1. The customer is not entitled to the provision of certain rooms, unless this has been expressly agreed.
2. Booked rooms are available to the customer from 2.30 pm on the agreed arrival day. The customer is not entitled to any earlier provision. Unless explicitly agreed to a later arrival time or the room in question has been paid in advance, the Seehotel Wiesler GmbH has the right to allocate booked rooms after 6 pm otherwise the customer can derive no claim against the Seehotel Wiesler GmbH. There is no obligation to allocate the goods elsewhere.
3. On the agreed day of departure, the rooms of Seehotel Wiesler GmbH shall be vacated by 11.00 am at the latest. According to this, the Seehotel Wiesler GmbH can charge 50% of the full list price until 6.00 pm due to the delayed evacuation of the room, and at least 90% from 18:00 onwards. Contractual claims of the customer are not justified thereby. He is free to prove that the Seehotel Wiesler GmbH has no claim or a substantially lower claim for usage compensation.
VII. Liability of Seehotel Wiesler GmbH
1. Seehotel Wiesler GmbH is liable for damage caused by injury to life, body or health. Furthermore, Seehotel Wiesler GmbH is liable for other damages that are caused by an intentional or grossly negligent breach of duty by Seehotel Wiesler GmbH and damages which are based on an intentional or negligent violation of contractual obligations of Seehotel Wiesler GmbH. Contractual obligations are those obligations which make the proper execution of the contract possible and which the customer may rely on and trust in. A breach of duty by Seehotel Wiesler GmbH is equivalent to that of a legal representative or a vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause VII. Should faults or deficiencies in the services of the Seehotel Wiesler GmbH occur, the Seehotel Wiesler GmbH will be endeavored to provide remedies if the customer is aware of the customer's immediate complaint. The customer is obligated to contribute to the reasonable, in order to remedy the disturbance and keep a possible damage low. In all other cases, the customer is obligated to notify Seehotel Wiesler GmbH in good time of the possibility of extraordinary damage. The parents have the obligation to supervise their children, when using the swimming pools of the Seehotel Wiesler GmbH.
2. Seehotel Wiesler GmbH shall be liable to the customer for any claims brought in by the legal provisions. It is recommended to use the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a total value of more than € 800 or other items with a total value of more than € 3.500, a separate storage agreement with the Seehotel Wiesler GmbH has to be made.
3. Any remaining goods of the customer will be sent only on request, risk and costs of the customer. The Seehotel Wiesler GmbH keeps the things for three months; Then, if a recognizable value exists, they are handed over to the local fund office. If the fund office is not ready to take over, the items are kept for another nine months and then either used or destroyed. Liability for Seehotel Wiesler GmbH shall be governed by the provisions of the first sentence 1 to 5 above.
4. If a parking space is provided to the customer in the hotel garage or in a hotel parking lot, also for a fee, no deposit agreement is concluded. There is no obligation to monitor Seehotel Wiesler GmbH. In the case of loss or damage to the vehicles parked or parked on the hotel premises and their contents, the Seehotel Wiesler GmbH shall be liable only in accordance with the provisions of the preceding No. 1 sentences 1 to 5. Any damage shall be immediately reported to Seehotel Wiesler GmbH.
5. Wakeup orders are carried out with the greatest care by Seehotel Wiesler GmbH. Messages, mail and guest deliveries are treated with care. The Seehotel Wiesler GmbH accepts the delivery, storage (in the case of warders, however, only by prior agreement) and - upon request - for the remittance of the same. For the liability of Seehotel Wiesler GmbH, the above number 1 sentences 1 to 5 shall apply mutatis mutandis.
VIII. Final provisions
1. Amendments or additions to the contract or these terms and conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.
2. The place of performance and payment is in commercial traffic the Seehotel Wiesler GmbH.
3. In business transactions, Titisee-Neustadt is the exclusive court of jurisdiction, even for check disputes. The Seehotel Wiesler GmbH can also sue the customer at the customer's location. The same applies in each case provided that the customer fulfills the requirement of § 38 para. 2 ZPO and has no general jurisdiction in Germany.
4. German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods and Collision Law is excluded.
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 addition, the statutory provisions apply.