GENERAL TERMS AND CONDITIONS
Weinberghotel Edelacker, located in Freyburg, Schloss 25
Please note that the following is an English translation of the general terms and conditions of the Weinberghotel Edelacker and are provided solely for informational purposes. The German version of the same governs the contractual relationship between the hotel and its guests. Moreover, by booking accommodation at the hotel, the guest indicates his/her acceptance of these terms and conditions.
The following terms not only apply to contractual agreements on accommodation, but also to those regarding conferences, festivities etc. These terms and conditions apply in their most current version and are subject to change.
§ 1 SCOPE
- The following terms and conditions (hereafter referred to as “AGBs”) apply to all contracts concluded between the operator (the Weinberghotel Edelacker GmbH, located in Freyburg, Schloss 25, 06632 Freyburg) of the Weinberghotel Edelacker (hereafter referred to as the “hotel”) and the traveller/guest (hereafter referred to as the “customer”). They apply to all services rendered as agreed upon in the contract (hereafter referred to as the “contract”), as well as all rights and obligations contained therein.
- The customer as defined in these AGBs is both the consumer and contractor as put forth in §§ 13 and 14 of the German Civil Code.
§ 2 ABSCHLUSS DES VERTRAGES
- The accommodation contract is concluded as soon as rooms, venues, other deliveries and services have been ordered and approved. All reservations are confirmed in writing by the hotel. If this is not possible due to time constraints, the customer receives a reservation number by telephone. Should the details of the confirmation of reservation deviate from that of the registration, the confirmation of reservation serves as the content of the contract insofar the customer does not immediately lodge an objection upon receiving it, and at the latest upon accepting the services.
- The conclusion of the accommodation contract obliges the contractual parties to meet the terms of the contract irrespective of the agreed-upon duration of the contract. The existing contract may only be terminated for good reason. The customer is liable for all contractual obligations. If the customer is not the same as the guest, then both are liable for all contractual obligations as the joint debtor.
- If the organiser of a planned event represents a political group or ideological faction, the contract requires the additional approval of the hotel management before it can take effect. Should the organiser fail to disclose the fact that it represents such a group, the contract is rendered provisionally invalid. The hotel reserves the right to terminate the contract without prior notice. In this case, the organiser is obliged to reimburse the hotel for all expenditures already effected. Should the hotel have justified cause to believe that the booked event is disturbing the peace of the hotel or that the organiser is using the allocated rooms for purposes other than those agreed upon, the hotel may terminate the contract without prior notice.
§ 3 ARRIVAL AND DEPARTURE
- Unless otherwise agreed upon in writing, reserved rooms are made available to the customer by 4 pm on the day of arrival and must be vacated by 10 am on the day of departure.
- A delayed departure may only be granted upon request and if circumstances allow at a surcharge of 30 EUR.
- The reservation data are binding for both contractual parties. Reserved rooms are made available to the customer only for the period agreed upon. Extended stays in reserved rooms beyond this period requires the express approval of the hotel.
- The customer is obliged to fill out the police registration form with his/her personal information at arrival and sign it accordingly. The customer must present a valid German ID card or passport to confirm the accuracy of the data upon request. The completed and signed registration form is an integral part of the accommodation contract.
§ 4 SERVICES
- The customer is not entitled to the use of specific rooms or venues.
- If the customer does not make use of his/her booked services, e.g. breakfast, he/she is not entitled to reimbursement or discount.
- The scope of the hotel’s contractual services is provided as listed in the written agreement. Half-board normally comprises breakfast and dinner. Other dining variations must be approved by the hotel in advance.
- Smoking is prohibited in all rooms and on the premises of the hotel. Should the customer smoke in their rooms or on the premises, the hotel reserves the right to charge an additional fee of 50 EUR to cover the cost of cleaning.
- Room rental rates represent the cost per room per night including the current value-added tax (VAT). If the VAT was raised after the contract was concluded, this increase must be paid at the expense of the customer. The hotel reserves the right to adjust prices on bookings placed more than six months earlier. If special conditions were granted to the customer, these must be immediately disclosed at the time of booking or arrival. It is not possible to change prices or offer discounts at a later time.
- If the customer fails to meet the terms of the concluded contract, he/she is obliged to pay a lump-sum compensation for damages. This amount is based on the specified payment due as indicated in the confirmation of reservation or the officially listed prices which the hotel charges customers for its services. The lump-sum compensation for damages is equivalent to 80% of the calculated total. Furthermore, the hotel reserves the right to charge higher compensation for damages based on concretely substantiated expenditures in accordance with the legal provisions.
- If rooms or other services were reserved as options, the option data is binding for both parties. At the end of the option period, the hotel may offer the optioned rooms and services as it wishes to others without consulting the customer first.
- Food and beverages, which the customer had requested for planned festivities etc. and instructed the hotel to order on their behalf in writing, are charged in full to the customer’s invoice regardless of whether the food, beverages or services were indeed used or consumed.
- Unless otherwise agreed upon, it not permitted to bring privately obtained food and beverages to events and festivities at the hotel.
- Discounts on hotel reservations are not granted.
§ 5 PAYMENTS
- All booked services are to be paid by the customer in full at the time of departure. The hotel is entitled to demand prepayment of all expected charges for overnight accommodation at any time after concluding the accommodation agreement. The hotel may – without justification – choose to make the provision of any order, reservation or other commissioned service conditional on the prepayment of part or whole of the prospective amount due, and that in the form of down payments, instalments or prepayment of the entire amount. To guarantee a reservation and future payment of services resulting therefrom, the hotel may request the number of a valid credit card from an issuer which the hotel recognises and accepts.
- The hotel is free to determine which credit cards it accepts and whether to accept a credit card on a case-by-case basis, even if signs displayed in the hotel indicate that generally all credit cards are accepted.
- In derogation of the above, the hotel may agree to allow the customer to pay the amount after receiving a billing invoice. Businesses or travel agencies may only be invoiced if they have submitted a written declaration in advance stating that they agree to assume all costs, and the hotel has accepted the statement. Otherwise, the cost of remuneration must be paid immediately and in full. The hotel is not required to issue a reminder if payment is delinquent. Otherwise, the respective legal provisions apply to the delay in payment. The hotel reserves the right to demand a deposit in payment for provision of services. The amount of the deposit is based on the type of service to be provided but may not exceed 80% of the agreed-upon remuneration. Should the customer fail to pay the deposit by the given due date, the hotel is freed of its obligation to provide the service but reserves the right to demand payment of the same. For non-cash deposits, the payment date is considered the date the amount was credited to the hotel’s bank account.
- If the invoice amount exceeds three times the price of one overnight accommodation , the hotel is entitled to issue interim invoices, e.g. in the form of weekly invoices, and demand payment thereof by the customer.
- Interim invoices must be paid upon receipt and without delay by the customer. Should the customer fail to settle the invoice on time, the hotel reserves the right to terminate the agreement with immediate effect. Moreover, the hotel reserves the right to seek payment for additional damages, especially those resulting from lost rental income.
- Group rates are exclusively subject to the terms of written agreements. Otherwise, group prices are based on the hotel’s current group price lists. Group reservations are only effective upon the advance payment of 50% of the reserved services and must be credited to the hotel’s account at least two weeks prior to the group’s arrival.
§ 6 TERMS OF CANCELLATION
The following conditions apply to rebooking and cancellation of reserved hotel rooms, functional rooms and arrangements:
- Cancellations can be made at no charge for up to six weeks prior to the arrival date.
- For cancellations made up to three weeks prior to the arrival date, the hotel charges the customer 50% of the booked services.
- For cancellations made after this time, the hotel charges a no-show fee of 80% of the booked services.
- For total or partial cancellation of restaurant services (buffet, à la carte for large groups) made less than 72 hours prior to the arranged appointment, the hotel charges the customer 70% of the agreed-upon price.
- Cancellations must be made and can only be accepted in written form.
§ 7 LIABILITY
- The hotel assumes no liability for damages to the customer or organiser if the agreed-upon services could not be rendered due to a strike or force majeure (act of God).
- The customer or organiser is liable for damages which they themselves or their guests cause. The hotel does not assume liability for the loss or damage of personal valuables or items brought to an event.
- In accordance with the provisions of the BGB (German Civil Code), the hotel is liable for damages suffered by the customer for up to 100 times the room price, max. 3,000 euros. With respect to losses of money and valuables, the hotel is liable for max. 750 euros in accordance with § 702 BGB unless the losses were caused by the hotel or its staff, or the customer had placed the valuables or money in the safe keeping of the hotel against the issue of a receipt.
- The hotel is not liable for damage to cars or motorcycles parked on a lot provided by the hotel.
- The hotel is not liable for damage to bicycles, e-bikes, or trailers parked on a lot or bicycle garages provided by the hotel.
- The contractual partner or customer is responsible for insuring all items brought to an event against theft, damages or loss. The hotel assumes no liability in such cases.
§ 8 TERMINATION
- If the customer uses a room made available to him/her for a different purpose than agreed-upon, the hotel has the extraordinary right to terminate the contract. Political events must be clearly designated as such at registration. If the hotel has a legitimate reason to assume that an event threatens the smooth operation of its business, security of its guests or reputation of the hotel, or in the case of force majeure or internal upheaval, the Weinberghotel Edelacker can terminate the contract with the customer with immediate effect.
- The same applies if an organiser announces its intent to hold interviews or sales events at the hotel in a daily newspaper or digital medium without obtaining prior permission from the Weinberghotel Edelacker. In such cases, should the hotel deem this grounds for terminating the contract, the hotel has the right to payment of the agreed-upon remuneration.
§ 9 MISCELLANEOUS
- Dogs may be kept at the hotel for a surcharge of 30 euros per night. In these cases, the hotel is entitled to payment of the agreed-upon remuneration as well.
- Lost items are kept for six months and can be returned via postal delivery upon request and at the customer’s expense.
- Other services provided by the hotel are non-binding, to which the customer is not legally entitled.
- Naumburg is the agreed place of jurisdiction insofar as permissible. German law applies exclusively to all contractual relationships.
- Should one or more provisions of the general terms and conditions be or become ineffective, this fact does not affect the validity of the remaining provisions or the contract on the whole.
- Errors, also with respect to misprints and mistakes in arithmetic calculations, remain reserved.
- Additions and collateral agreements require the written confirmation of both contractual parties.
- The decoration of event rooms requires special agreement unless it only concerns table decorations.
- All agreements concluded between the parties for the purpose of executing this contract are to be specified in writing in this contract.
Stand: June 2022