AGB

General Terms and Conditions of Landhotel Hallnberg – Landgasthof Hallnberg GmbH

Preliminary remarks: All offers, declarations, agreements, and services of Landgasthof Hallnberg GmbH and its operating facilities (Catering & Hotel – hereinafter referred to as the "Hotel") are subject exclusively to the following terms and conditions. Deviating terms and conditions of business partners that the Hotel does not expressly recognize are not binding for the Hotel, even if they are not expressly contradicted.

General terms and conditions of business

• 1. Scope
  1. These terms and conditions apply to all contracts for the rental of rooms as well as conference, banquet, and event rooms for events such as banquets, seminars, meetings, etc., as well as to all related services provided by our hotel. 2. The subletting or further rental of the rooms, areas, or display cases provided, as well as invitations to interviews, sales events, or similar events, require the prior written consent of the hotel. Section 540 I, sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer. 3. The customer's terms and conditions only apply if this has been expressly agreed in writing in advance.

• 2. Conclusion of contract, contract partners, limitation period1. The contract is concluded upon the hotel's acceptance of the customer's offer; these are the contracting parties. The hotel is free to confirm the booking in writing. 2. If a third party has made the reservation for the customer, or if the customer engages a commercial agent or organizer, the third party is jointly and severally liable with the customer for all obligations arising from the contract, provided the hotel has received a corresponding declaration from the third party. 3. All claims against the hotel generally expire one year from the start of the regular limitation period of Section 199 I of the German Civil Code (BGB), which is dependent on knowledge. Claims for damages expire five years regardless of knowledge.
  The shortened limitation periods do not apply to damages resulting from injury to life, body, or health, or to other damages resulting from an intentional or grossly negligent breach of duty by the hotel. 4. Our offers have an option date until which we maintain the offer. We maintain the offer until 12:00 noon on the specified date.
• 3. Services, prices, payment, offsetting1. The hotel is obligated to provide the rooms, spaces, or display cases booked by the customer and to provide the promised services. 2. The customer is obligated to pay the agreed or usual hotel prices for these and other services used. This also applies to services and expenses incurred by the hotel to third parties, in particular to claims from copyright collecting societies. 3. The agreed prices include the applicable statutory value-added tax. If the period between conclusion of the contract and fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the contractually agreed price may be increased accordingly. 4. The hotel may also change prices if the customer subsequently requests changes to the number of rooms booked, the hotel's services, or the length of stay of the guests and the hotel agrees to this. 5. Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently 8% above the base interest rate, or, for legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove and assert higher damages. 6. The hotel is entitled, upon conclusion of the contract or thereafter, to demand an appropriate advance payment or security deposit. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract. 7. The customer may only offset or reduce a claim against the hotel with an undisputed or legally binding claim.

 

• 4. Customer withdrawal (cancellation)1. Subject to any statutory or individually agreed rights of the customer to withdraw or terminate the contract, the customer is entitled to withdraw (cancellation) exclusively in accordance with the following provisions. Cancellation within the meaning of this provision also includes a customer not arriving at all (so-called no-show), arriving late, or departing early. 2. The customer is obligated to compensate the hotel for any damages incurred as a result of the cancellation. The hotel is free to charge a flat rate for the damages to be compensated by the customer in accordance with the following sections 4.3 and 4.4. The deduction of saved expenses is included in the following flat rates. The hotel must consider income from other rentals when determining the damage. 3. The following applies to accommodation: The customer is obligated to pay flat-rate compensation amounting to 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board, and 60% for full-board arrangements. 4. The following applies to events:
  The organizer may withdraw from the contract free of charge until the end of the ninth week before the event date. For cancellations between the eighth and fourth week before the event date, the hotel is entitled to charge a flat rate of 35% of the lost food revenue in addition to the agreed room rental fee; for any later cancellation, the hotel is entitled to charge 70% of the food revenue. The food revenue is calculated using the formula: menu price for the event x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu from the current event offer will be used as the basis.
  If no room rental has yet been agreed upon for the event, the room rental applicable for that period shall be deemed agreed upon. The hotel must consider income from other rentals and saved expenses when determining the damage.
  If a conference package per participant has been agreed, the hotel is entitled to charge 60% of the conference package x the agreed number of participants for cancellations between the 8th and 4th week before the event date, and 85% of the conference package x the agreed number of participants for cancellations later. 5. The customer is free to provide evidence that the hotel has not incurred any damages at all or that the damages are significantly lower than the package. 6. If a date for withdrawing from the contract free of charge was agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to this date without triggering any payment or compensation claims from the hotel. The customer's contractual right of withdrawal expires if the customer does not exercise this right in writing to the hotel by the agreed date.
  7. Cancellation conditions for accommodation (individual and group travel, events) can be found in the offer or in the appendices to the respective contract.
• 5. Cancellation by the hotel1. If a free right of withdrawal for the customer within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms / event spaces and the customer does not waive his right of withdrawal when asked by the hotel.2. If an agreed advance payment or an advance payment requested above in accordance with III. Clause 6. is not made, the hotel is also 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 fulfillment of the contract impossible;
  • Rooms/events are booked with misleading or false information about essential facts, e.g. the customer or purpose;
  • the hotel has reasonable grounds to believe that the use of the hotel service/event may jeopardise the smooth running of the business, the safety or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation;
  • there is a violation of paragraph 2 above.4. If the hotel withdraws for legitimate reasons, the customer is not entitled to compensation.

• 6. Changes to the number of participants and the event time1. Unless otherwise agreed in writing, any change in the number of participants of more than 5% must be communicated to the hotel no later than 5 working days before the start of the event; it requires the hotel's written consent. 2. In the event of an upward deviation, the actual number of participants will be charged. 3. In the event of a deviation in the number of participants of more than 10%, the hotel is entitled to re-determine the agreed prices and exchange the confirmed rooms, unless this is unreasonable for the customer. 4. If the agreed start or end times of the event are changed and the hotel does not agree to these deviations, the hotel may charge an appropriate amount for the additional services, unless the hotel is at fault.

• 7. Bringing food and drinksGuests are generally not permitted to bring food and beverages to events. Exceptions require a written agreement with the hotel. In these cases, a fee will be charged to cover overhead costs.

• 8. Room availability, handover and return1. The customer does not acquire any right to the provision of specific rooms. 2. Booked rooms are available to the customer from 2:00 p.m. on the agreed arrival date. The customer has no right to earlier availability. 3. Booked rooms must be occupied by the guest by 6:00 p.m. on the agreed arrival date at the latest. Unless a later arrival time has been expressly agreed, the hotel has the right to reassign booked rooms after 6:00 p.m. without the guest being entitled to any compensation. The hotel is not obliged to reassign the rooms. The hotel has the right to withdraw from the contract. 4. On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel may charge 50% of the full accommodation price (daily rate) for the use of the room beyond the agreed time limit until 6:00 p.m., and 100% from 6:00 p.m. This does not constitute a basis for contractual claims on the part of the customer. The customer is free to prove that the hotel has no claim to a usage fee or that the claim is significantly lower.

• 9. Technical facilities and connections1. If the hotel procures technical and other equipment from third parties for the customer at the customer's request, it acts in the name, with the authority, and for the account of the customer. The customer is responsible for the careful handling and proper return of the equipment. The customer indemnifies the hotel against all claims by third parties arising from the provision of this equipment. 2. The use of the customer's own electrical equipment using the hotel's power grid requires the hotel's written consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of this equipment shall be borne by the customer, unless the hotel is responsible for them. The hotel may record and invoice the electricity costs incurred as a flat rate. 3. With the hotel's consent, the customer is entitled to use their own telephone, fax, and data transmission equipment. The hotel may charge a connection fee for this. 4. If suitable hotel equipment remains unused due to the customer's own equipment being connected, a compensation fee may be charged. 5. Malfunctions in technical or other equipment provided by the hotel will be remedied immediately if possible. Payments cannot be withheld or reduced if the hotel is not responsible for these disruptions.

• 10. Hotel liability for loss or damage to items brought along to events1. Any exhibits or other items, including personal items, brought to events are located in the event rooms or hotel at the customer's risk. The hotel assumes no liability for loss, destruction, or damage, including financial losses, except in cases of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb, or health. Furthermore, all cases in which safekeeping represents a contractual obligation due to the circumstances of the individual case are excluded from this liability exemption. 2. Decorative materials brought in must comply with fire safety requirements. The hotel is entitled to request official proof of this. If such proof is not provided, the hotel is entitled to remove any material already brought in at the customer's expense. Due to possible damage, the setup and attachment of items must be coordinated with the hotel in advance. 3. Any exhibits or other items brought in must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer's expense. If the items remain in the event space, the hotel may charge reasonable compensation for the duration of their stay. The customer is free to provide evidence that the above-mentioned claim did not arise or did not arise to the required amount.

• 11. Liability of the customer/organizer for damages1. The guest/organizer is liable for all damage to the building or inventory caused by themselves, by participants or visitors to their event, their guests, or other third parties within their sphere of influence. 2. The hotel may require the customer to provide appropriate security (e.g., insurance, deposits, guarantees).

• 12. Other liability of the hotel1. The hotel is liable for its contractual obligations with the care of a prudent businessman. Customer claims for damages are excluded. Excluded from this are damages resulting from injury to life, limb, or health if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by the hotel, and damages resulting from an intentional or negligent breach of typical contractual obligations by the hotel. In the latter case, liability is limited to foreseeable, typical contractual damages. 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 in the hotel's services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the customer. The customer is obligated to make a reasonable effort to remedy the disruption and minimize any potential damage. 2. The hotel is liable to the customer for items brought into the hotel in accordance with statutory provisions, i.e. up to 100 times the room rate, up to a maximum of €3,500, as well as for money, securities, and valuables up to a maximum of €800. Money, securities, and valuables can be stored in the hotel or room safe up to a maximum value of €7,500. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately upon becoming aware of any loss, destruction, or damage (Section 703 of the German Civil Code). For any further liability of the hotel, the above Section XII.1, sentences 2 to 4 apply accordingly. 3. If a parking space in the hotel garage or on a hotel parking lot is made available to the customer, even for a fee, this does not constitute a safekeeping contract. The hotel has no duty to monitor the safe. The hotel is not liable for the loss of or damage to motor vehicles parked or maneuvered on the hotel premises, including their contents, except in cases of intent or gross negligence. This also applies to the hotel's vicarious agents. Claims for damages must be reported to the hotel no later than upon leaving the hotel premises. Clause XII.1, sentences 2 to 4 above apply accordingly. 4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and consignments for guests are handled with care. The hotel is responsible for their delivery, storage, and—upon request—forwarding them for a fee. A safekeeping order for messages, mail, and consignments does not exist. Clause XII.1, sentences 2 to 4 apply accordingly. 5. Lost property will only be forwarded upon your express request and at your expense. We keep lost property on our premises for a period of 6 months.

• 13. Final provisions1. Changes or additions to the contract, the acceptance of the application, or these Terms and Conditions for Events must be made in writing. Unilateral changes or additions by the customer are invalid. 2. The place of performance and payment is the hotel's registered office. 3. For disputes arising from the concluded contract and its fulfillment, the Erding District Court is agreed upon, to the extent legally permissible. 4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. 5. Should individual provisions of these Terms and Conditions for Hotel Accommodation and/or Events be invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

Additional COVID 19 pandemic

1. Rooms will only be made available after all travelers have been fully registered and a written confirmation has been provided that no notifiable diseases or pathogens according to Sections 6 and 8 of the Infection Protection Act (IfSG) are present at the time of departure.
2. Rooms are only cleaned after the guest has left. Cleaning during the stay is not provided. If cleaning is requested or necessary, the room must be vacated. Check-out and cleaning of the rooms will be charged to the guest in the amount of the individually agreed overnight rate.

August 2021 – Landgasthof Hallnberg GmbH