General Terms and Conditions

General Terms and Conditions Gästehaus am Hauchen – Apfelbeck OHG in Reit im Winkl in Chiemgau

As of: January 2025

I. Scope

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer.
3. The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.

Allgemeine Geschäftsbedingungen

Allgemeine Geschäftsbedingungen Gästehaus am Hauchen – Apfelbeck OHG in Reit im Winkl im Chiemgau

Stand: Januar 2025

I. Geltungsbereich

1. Diese Geschäftsbedingungen gelten für Verträge über die mietweise Überlassung von Hotelzimmern zur Beherbergung sowie alle in diesem Zusammenhang für den Kunden erbrachten weiteren Leistungen und Lieferungen des Hotels (Hotelaufnahmevertrag). Der Begriff „Hotelaufnahmevertrag“ umfasst und ersetzt folgende Begriffe: Beherbergungs-, Gastaufnahme-, Hotel-, Hotelzimmervertrag.
2. Die Unter- oder Weitervermietung der überlassenen Zimmer sowie deren Nutzung zu anderen als Beherbergungszwecken bedürfen der vorherigen schriftlichen Zustimmung des Hotels, wobei § 540 Absatz 1 Satz 2 BGB abbedungen wird, soweit der Kunde nicht Verbraucher ist.
3. Allgemeine Geschäftsbedingungen des Kunden finden nur Anwendung, wenn dies vorher ausdrücklich schriftlich vereinbart wurden.

II. Conclusion of contract, partners, limitation period

1. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room reservation in writing.
2. The contracting parties are the hotel and the customer. If a third party has made the reservation on behalf of the customer, they shall be jointly and severally liable with the customer 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. All claims against the hotel shall generally become time-barred one year after the start of the statutory limitation period.
Claims for damages expire after five years, regardless of knowledge. The shortened limitation periods do not apply to claims based on 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 customer is obliged to pay the agreed or applicable hotel prices for the provision of rooms and any other services used by the customer. This also applies to services and expenses incurred by the hotel on behalf of the customer. The agreed prices include the applicable statutory value added tax.
3. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services, or the customer’s length of stay requested by the customer dependent on an increase in the price for the rooms and/or other services provided by the hotel.
4. Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to charge the applicable statutory default interest, currently 8%, or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages.
5. Upon conclusion of the contract, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer in the form of a credit card guarantee, a down payment, or similar. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
6. In justified cases, e.g. if the customer is in arrears with payment, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit within the meaning of No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
7. The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of No. 5 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with Nos. 5 and/or 6 above.
8. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim or exercise a right of retention.

IV. Withdrawal by the customer (cancellation) / Non-utilisation of the hotel’s services (no show)

1. Withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal interests, and interests of the customer, if the customer can no longer be reasonably expected to adhere to the contract as a result,
or if the customer is entitled to any other statutory or contractual right of withdrawal.
2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until that date without triggering payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if they do not exercise their right of withdrawal in writing to the hotel by the agreed date, unless there is a case of withdrawal by the customer in accordance with Section IV No. 1 Sentence 3.
3. For rooms not used by the customer, the hotel shall offset the income from renting these rooms to other parties as well as the expenses saved.
If the rooms are not rented to other guests, the hotel may demand the contractually agreed remuneration and charge a flat rate for the hotel’s saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with breakfast, 80% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
4. Cancellation is free of charge up to 28 days before the date of arrival.

V. Withdrawal by the hotel

1. If it has been agreed in writing that the customer may 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 does not waive his right of withdrawal upon inquiry by the hotel.
2. If an agreed advance payment or security deposit or a deposit demanded in accordance with Section III, Nos. 5 and/or 6 above is not made even after the expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if – force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract;
– rooms are booked under misleading or false statements of material facts, e.g., the identity of the customer or the purpose of their stay;
– the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation, safety, or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
– there is a violation of the above-mentioned Section I No. 2.
4. In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.

VI. Room reservation, handover, and return

1. The customer has no claim to the provision of specific rooms.
2. Reserved rooms are available to the customer from 2:00 p.m. on the agreed arrival date.
The customer has no claim to earlier provision.
3. On the agreed departure day, the rooms must be vacated and made available to the hotel by 10:30 a.m. at the latest. After that, the hotel may charge 50% of the full accommodation price (list price) for use of the room beyond the contractual period until 6:00 p.m. and 100% after 6:00 p.m. due to the delayed vacating of the room. This does not justify any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.

VII. Liability of the hotel

1. The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims for damages by the customer are excluded. This does not apply to damages resulting from injury to life, limb, or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional
or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimize any possible damage.
2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room price, up to a maximum of $3,500, and valuables up to a maximum value of $800 in the safe. The hotel recommends making use of this option. Liability claims shall lapse unless the customer immediately notifies the hotel of any loss, destruction, or damage as soon as they become aware of it (§ 703 BGB).
3. If the customer is provided with a parking space in a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, except in cases of intent or gross negligence.
The above No. 1 sentences 2 to 4 apply accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care.
Messages, mail, and goods deliveries for guests are handled with care. The hotel will deliver, store, and, upon request, forward them for a fee. The above No. 1 sentences 2 to 4 apply accordingly.

VIII. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

IX. Final provisions

1. Amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions for Hotel Accommodation must be made in writing. Unilateral amendments or additions by the customer are invalid.
2. The place of performance and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions is the registered office of the hotel under company law. If a contractual partner fulfills the requirements of § 38 (2) ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.
5. Should individual provisions of these General Terms and Conditions for the Hotel Accommodation Contract be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.