GENERAL TERMS OF BUSINESS aquaTurm Hotel GmbH
Diese AGB gelten für die Überlassung von Hotelzimmern, Konferenz- und Veranstaltungsräumen sowie für alle weiteren damit zusammenhängenden Leistungen und Lieferungen des Hotels. Sie These GTCs apply to the provision of hotel rooms, conference and event rooms and to all other related services and supplies of the hotel. They also apply accordingly to other rooms, including showcases, wall and other surfaces (in particular the water basin of the Tower) provided by the Hotel. The General Terms and Conditions were expressly included in the accommodation contract.
1. CONCLUSION OF CONTRACT, PARTNERS, LIMITATION PERIOD
1.1 The contract is concluded when the hotel accepts the guest’s or booker’s application. The Hotel is free to confirm the room reservation in text form.1.2 For individual room reservations of up to 4 rooms, cancellation is possible free of charge up to 8:00 a.m. one day prior to arrival. 1.3 For room reservations of 5 or more rooms, also in connection with a conference, event or celebration at the hotel and a group booking, the following scale of cancellation fees applies: Up to 42 days before arrival no costs, up to 30 days before arrival 25 %, up to 14 days before arrival 55 %, up to 4 days before arrival 65 %, from 3 days before arrival 80 % of the travel costs The above-mentioned cancellation fees are also due if the ordered and reserved services are only partially cancelled by the guest, whereby the mentioned flat rates refer to the part of the services which was cancelled, or if the guest does not make use of the ordered and reserved services without explicit cancellation.
2. CANCELLATION / NON-USE OF THE SERVICES OF THE HOTEL (NO SHOW)
2.1 Provided that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of withdrawal after a reasonable period of time upon inquiry by the hotel.2 .2 If an agreed or requested advance payment or security deposit (only selected credit cards) is not made even after a reasonable grace period set by the hotel has elapsed, the hotel is likewise entitled to rescind the contract.2.3 The justified rescission by the hotel does not constitute a claim by the guest for damages.
3. ROOM PROVISION, HANDOVER AND RETURN
3.1 The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed and confirmed in writing. 3.2 Booked rooms are available to the customer from 15:00 hours on the agreed day of arrival. The customer has no claim to earlier provision or to compensation services if plausible delays occur in individual cases. 3.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that time, the Hotel may charge 50 % of the full accommodation price (list price) for use of the room in excess of the contractual period until 6:00 p.m. due to the delayed vacating of the room, and 90 % from 6:00 p.m. onwards. Contractual claims of the customer shall not be justified by this. The customer shall be free to prove that the hotel has no or a significantly lower claim to a usage fee. 3.4 The hotel is not liable for valuables brought along by the customer. Room safes and a hotel safe are available at reception for the storage of valuables. 3.5 Only after the guest has checked out and paid will the room be inspected to see whether any damage has occurred. The person concluding the contract and the guest are personally liable for the removal of any damage to the room. If the Hotel is not notified of any previous damage within 1 hour of occupancy of the room, the assumption of fault and causation on the part of the affected guest shall apply. Compensation must be made for the full compensation of the damage and any loss of earnings. 3.6 In the event of damaged, missing or destroyed inventory and items belonging to the hotel room, the hotel may assert claims for damages against the guest. The damages shall be calculated on the basis of the cost of restoration plus a flat rate for additional expenses in the amount of EUR 250 (only for organizational matters). 3.7. depending on the room category, the maximum number of persons allowed in the room must be observed (suite 12th floor: max. 2 persons), panorama rooms 8th-10th floor: max. 2 persons except 9.3 and 10.3 each max. 3 persons and max. 4 persons 1-7 OG. If the maximum number of persons is exceeded by the guests (regardless of how many persons stay overnight), the booked overnight rate will be charged twice. This will be collected on the basis of the known payment data or, if unknown, invoiced jointly and severally to all guests present. 3.8 Smoking is strictly prohibited in our hotel. In case of disregard the operator reserves the right to charge a penalty of 500 EUR (suite) and 400 EUR (other room categories). This will be collected on the basis of the known payment data or, if unknown, will be invoiced jointly and severally to all guests present. This is independent of the expenditure incurred to restore the original condition of the room in question. 3.7 A valid credit card is required to book the suite. If this condition cannot be met, the room can only be allocated after advance payment.
4. PROVISION OF HOTEL ROOMS AND FUNCTION ROOMS
4.1 If the Customer is not simultaneously the organiser, he shall be liable to the Hotel as joint and several debtor with the organiser.4.2 Reservations of banquet and conference rooms shall become binding upon acceptance by the Hotel. The Customer waives the right to send an express declaration of acceptance. Offers are always non-binding. The provision of rooms, showcases or areas shall constitute a rental relationship. Subletting or further leasing of rooms and areas is only permitted with the express written consent of the Hotel. As a matter of principle, the hotel does not provide rooms for one-day advertising events of companies located outside of Radolfzell. The hotel reserves the right to inquire about event requests which are not clearly defined in their orientation. Politically or morally questionable events will be rejected by the hotel after examination if necessary. The hotel refers to the special householder’s rights anchored in the BGH. The Hotel reserves the right to make changes to rooms (including rooms directly adjacent to the Hotel) insofar as this is reasonable for the event organizer, taking into account the interests of the Hotel.4.3 The Customer shall notify the Hotel of the guaranteed number of participants in an event at least 48 hours before the event. Deviations downwards that actually occur can generally no longer be taken into account and shall be borne by the Organiser. Exceeding the number of participants requires prior coordination with the hotel in order to guarantee a smooth running of the event. If the number of participants is exceeded, the actual number of participants will be used as the basis for invoicing.4.4 For banquet events with menu/buffet as well as for bus arrangements and group bookings, a deposit of at least 55% of the expected menu and accommodation prices must be paid as a deposit no later than 8 days before arrival. The hotel reserves the right to determine the amount of the deposit at its discretion. The remaining amount is due on site upon departure. The hotel must expressly agree to the sending of an invoice.4.5 The costs of a requested reduction of the curfew period shall be borne by the event organizer, as shall any applicable Gema fees. Banquet events must be completed by 4.oo a.m. at the latest. This as well as any musical events planned in the hotel are exclusively fixed in writing and require special consideration due to the orientation of the hotel.4.6 If the agreed start or end time of the event is postponed without the prior written consent of the hotel, the hotel may charge for any additional costs incurred in connection with the service (personnel costs), unless the hotel is responsible for this circumstance. Separate personnel costs shall be charged for events that go beyond 1:00 a.m. 4.7 The Customer shall be liable for damage to or loss of furnishings or inventory occurring during a rental period as if the Customer were at fault. No decorative material or other items may be affixed without the written consent of the Hotel. Official regulations, such as those of the fire department, must also be observed. The hotel assumes no liability for loss or damage to items brought in. Should these be insured, if necessary, the organizer shall take over this responsibility. Decorative materials or other items (including the music band) brought by the client/organizer should be collected again no later than 24 hours after the end of the event, otherwise the Hotel may charge a flat-rate storage fee.4.8 The Organizer is generally not permitted to bring food and beverages to the events. Exceptions require a written agreement; in such cases, a service fee or corkage fee to be determined shall be charged.4.9 Should malfunctions or defects occur in the technical or other equipment provided by the Hotel, the Hotel shall take immediate remedial action. No withholding or reduction of payment can be derived from this. Insofar as the Hotel procures technical or other equipment from third parties for the Organiser, it shall act in the name and on account of the Organiser. The Organiser shall be liable for the careful handling and proper return of such items and shall indemnify the Hotel against all claims of third parties arising from the provision of such items.
5. CANCELLATION / NON-APPLICATION OF THE HOTEL’S SERVICES TO EVENTS
5.1 In the event of cancellation of an event, provision costs are to be paid as a lump sum for lost profit, unless the client can prove that a lost profit did not occur or did not occur in the lump sum amount. The basis for calculation is the expected turnover, whereby the order confirmation is always decisive. If no agreement has yet been reached in this respect, the turnover to be lump-sumed is calculated from the minimum menu price (Euro 16.00) plus flat-rate beverage charge (Euro 5.50) x number of persons ordered x number of meals, plus the agreed room rent. On this basis, the provision costs are calculated in % of the expected turnover: Up to 42 days before the date no costs, up to 30 days before the date 20%, up to 14 days before the date 45%, up to 4 days before the date 60%, from 3 days before the date 80% of the expected turnover. In the event that an event threatens to jeopardize the smooth running of business, security or the reputation of the Hotel, as well as in the event of force majeure, the Hotel reserves the right to withdraw from the contract. In this case, the assertion of any claims for damages against the Hotel is excluded.
6.1 Invoices issued by the hotel are payable within 10 days of the invoice date without deduction. The customer may not set off claims of any kind, nor may he withhold payments due to such claims. The assignment of a claim is excluded. The prices include value-added tax at the statutory rate; any increase in this rate after conclusion of the contract shall be borne by the Organiser.6.2 If the period between conclusion of the contract and the event exceeds 120 calendar days, the Hotel reserves the right to adjust prices.
7. DOMESTIC ANIMALS
7.1 Pets are not allowed in the Hotel. This applies to guest rooms and all public areas.
8. GENERAL GUIDELINES
8.1 Should the Customer plan an event of a customary political or religious nature, the Hotel’s written consent is required for the contract with the Hotel to become effective. The naming of the hotel by name in advertisements or other public publications in this regard generally requires the hotel’s written consent.8.2 Force majeure or other circumstances beyond the hotel’s control that make performance of the contract impossible release the hotel from any liability.8.3 The place of performance for both parties is Radolfzell, the place of jurisdiction is Radolfzell. By signing the agreement or confirmation copy, the customer accepts the terms and conditions or objects in writing within 48 hours.8.4 Access to the non-textile-free Outdoor SPA area is permitted from the age of 6. Liability for any damages resulting from the use of the Outdoor SPA area is excluded. The user himself is liable for as the equipment is self-service. Before each use, the guest must tolerate instruction by the person. The guest is otherwise liable for any damage resulting from the use of the Outdoor SPA area.8.5 Should any provision of these terms and conditions be invalid, this shall not affect the validity of the other provisions. In place of the invalid provision, a valid formulation that comes as close as possible to the invalid one shall apply. Deviating agreements or subsidiary agreements always require written confirmation.8.6 All previous terms and conditions are hereby invalid.
9. CARD LOSS
9.1 If you lose your room card, we unfortunately have to charge you 6,00€/ card.
Radolfzell, 15. Mai 2019
aquaTurm Hotel plus Energie
D 78315 Radolfzell
aquaTurm Hotel GmbH
HR FR HRB