TERMS of CONDITIONS
Hotel Amerika Bad Schussenried
Hotel Amerika - owner Mrs. Härle,
Maybachstrasse 14, 88427 Bad Schussenried
1.1 | These general terms and conditions apply to all contracts concluded with Hotel America (hereinafter referred to as: Hotel). This includes the rental of hotel rooms for accommodation as well as all other services provided for the customer (e.g. transfer of use of the premises for seminars, conferences or other events) and deliveries by the hotel. It does not matter in which form (in writing, verbally, by fax, by email or online in any form) the booking was made. The provisions apply to private and business individual travelers as well as to tour operators, travel agencies or other intermediaries. The agreements for seminars and events also apply, even if these take place without an overnight stay in the hotel. Additional agreements for certain areas are listed separately below.
1.2 | The subletting or re-letting of the leased rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel.
1.3 | General terms and conditions of the customer only apply if this has been expressly agreed in writing beforehand. They also do not apply if the hotel does not expressly contradict them.
2. Conclusion of contract, contract partner, statute of limitations
2.1 | The contractual partners are the hotel and the customer. The contract is concluded through the acceptance or booking confirmation by the hotel. The hotel is free to confirm the room booking in text form.
2.2 | If a third party has ordered for the customer (guest), he and the customer are jointly and severally liable to the hotel for all obligations arising from the contract.
2.3 | All claims against the hotel become statute-barred one year from the start of the statutory limitation period. Claims for damages expire after five years. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3. Services, prices, payment, offsetting
3.1 | The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 | The customer does not acquire the right to the provision of specific rooms or premises, unless this has been expressly agreed between the two parties. If the agreed premises are not available, the hotel will endeavor to provide an equivalent replacement in other objects.
3.3 | The customer is obliged to pay the agreed or applicable hotel prices for rooms provided and for other services used. This also applies to services ordered directly by the customer or via the hotel, which are provided by third parties and disbursed by the hotel. The agreed prices include the applicable statutory sales tax.
3.4 | If the customer subsequently wishes to reduce the number of reserved rooms, the planned length of stay or other booked services, the hotel has the right to increase the prices accordingly.
3.5 | If there is an increase in the statutory value-added tax or if there are cost increases in the hotel and catering industry, a subsequent price adjustment is possible. This is permissible if there are more than four months between the conclusion of the contract and the provision of the service. If the price increase is more than 5% of the agreed price, the contractual partner is entitled to withdraw.
3.6 | Payment is made directly at the hotel on arrival or departure with card payment (EC-Cash, Maestro, VISA, Mastercard) or in cash in euros. This applies to single travelers as well as small groups of up to 10 people. For business travelers, a written assumption of costs can be submitted for payment on account. Groups of more than 10 people are billed in accordance with point 12 of these GTC.
3.7 | In principle, invoices are due immediately upon receipt and without any discount. In the event of default in payment by the customer, the hotel is entitled to charge default interest in the amount of the statutory regulations, currently 6%. If the hotel can prove a different amount of damage caused by default, the interest rate can be set accordingly. The contractual partner can only offset claims of the hotel by means of undisputed or legally binding claims on its part or reduce the hotel claims.
3.8 | If the hotel is in arrears with even just one invoice, it entitles the hotel to suspend all further and future services for the customer or to make them dependent on an advance payment of 100%. The hotel will decide on this without notice.
3.9 | The hotel is entitled to request an appropriate advance payment or security deposit, e.g. in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates are agreed in writing in the contract. In the event of default in payment by the customer, the statutory provisions apply.
3.10 | In justified cases, for example the customer's payment arrears or an extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit even after the contract has been concluded up to the start of the stay. Furthermore, the hotel can demand reasonable advance payments or security payments from the customer at the beginning of and during a stay if these have not yet been made.
3.11 | The hotel is also entitled to demand an appropriate advance payment or security deposit from the customer at the beginning of and during the stay within the meaning of Section 3.9 above for existing and future claims from the contract, unless such has already been made in accordance with Section 3.9 and / or 3.10 above .
3.12 | The customer agrees that the invoice can be sent to him electronically.
4. Withdrawal by the customer
(Cancellation, cancellation, failure to use the hotel's services)
4.1 | The customer can only withdraw with the consent of the hotel. If this does not happen, the price agreed in the contract must be paid even if the customer does not make use of the contractual services.
4.2 | If an appointment for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel in writing by the agreed date.
4.3 | If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite not using the service. The hotel has to credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to someone else, the hotel can apply a flat rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for an overnight stay with breakfast.
5. Resignation of the hotel
5.1 | If a deadline for free withdrawal has been agreed between the parties, the hotel also has the right to withdraw from the contract if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw if the hotel inquires with an appropriate deadline. This applies accordingly if an option is granted, if there are other inquiries and the customer is not prepared to make a firm booking in response to inquiries from the hotel with a reasonable deadline.
5.2 | If an agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 | Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, in particular if:
Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
Rooms or rooms are culpably booked with misleading or false information or with concealment of essential facts; The identity of the customer, solvency or the purpose of stay can be essential;
the hotel has justified cause to believe that the use of the service may jeopardize the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
the purpose or the cause of the stay is illegal;
The justified withdrawal by the hotel does not justify the customer's claim to compensation.
6. Room provision, handover and return
6.1 | The customer does not acquire the right to be provided specific rooms, unless this has been expressly agreed between the parties.
6.2 | Booked rooms are available to the customer from 2 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.3 | Rooms must be vacated and made available to the hotel no later than 11:00 a.m. on the agreed departure date. In the event of delayed evacuation, the hotel reserves the right to charge the following prices:
For departure after 11:00 a.m. = 50% of the room price
For departure after 1 p.m. = 100% of the room price
7. Hotel liability
7.1 | The hotel (as well as its vicarious agents or legal representatives) is liable for the following damage for which it is responsible:
Damage resulting from injury to life, limb or health.
other damage based on an intentional or negligent breach of typical contractual obligations of the hotel.
Further claims for damages are excluded, unless otherwise regulated in this section 7.
Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation as soon as it becomes aware of this or upon immediate complaint by the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
7.2 | The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions of §§ 701 ff. BGB up to a maximum of EUR 3,500.00. For money, securities and valuables, the amount of EUR 800.00 takes the place of EUR 3,500.00. If the guest wishes to bring in money, securities and valuables with a value of more than EUR 800.00 or other items with a value of more than EUR 3,500.00, this requires a separate storage agreement with the hotel. Storage in the hotel safe at the reception is generally recommended. For any further liability on the part of the hotel, the above provision in section 7.1 applies.
7.3 | Insofar as the customer is provided with a parking space in the hotel garage or on the hotel car park - even for a fee - this does not result in a custody contract. In the event of loss of or damage to vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with Section 7.1 above.
7.4 | Wake-up calls are carried out by the hotel with great care. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, store and - on request - forward the same for a fee. The hotel is only liable in accordance with Section 7.1 above.
8. Final provisions
8.1 | Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
8.2 | The place of fulfillment and payment as well as the exclusive place of jurisdiction is the location of the hotel (Hotel Amerika, 88427 Bad Schussenried). If a contractual partner fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the location of the hotel (Hotel Amerika, 88427 Bad Schussenried).
8.3 | German law applies. The application of the UN sales law and the conflict of laws is excluded.
8.4 | Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
8.5 | In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("OS platform"):
The hotel does not take part in dispute settlement proceedings before a consumer arbitration board.
- Additional business agreements for groups -
9. Scope and Definition
Groups within the meaning of these terms and conditions are travel groups with a minimum of 10 booked people who are uniformly organized for a common travel purpose and usually arrive and depart on the same day. This includes both private groups and tour groups organized by tour operators.
10. Obligations of the tour operator or the groupings
10.1 | The tour operator is obliged to inform the hotel of the booking status as early as possible or upon request. However, the hotel must be informed of this no later than 30 days before the day of arrival.
10.2 | The final list of names of those arriving must be communicated to the hotel up to 14 calendar days prior to arrival.
11. Prices, deposit & billing
11.1 | Unless otherwise agreed in the contract, a deposit by bank transfer in the amount of
70% of the booked services to be provided up to 10 days before arrival. The hotel will issue an overview of the down payments in good time. The remaining amount must be paid in cash at the hotel on departure.
11.2 | All additional costs such as telephone, bar, etc., which are not part of the contractual services, are to be paid by each participant on departure. In the event of non-payment by the individual participants, the organizer is liable.
11.3 | The prices agreed between the hotel and the tour operator apply exclusively in connection with other services that are offered to the end customer in a service package. They may not be offered to end customers or third parties as individual prices for a single overnight stay in distribution channels (especially online). The tour operator is obliged to subject all his other partners and intermediaries to this clause as well.
11.4 | Agreements on the possible payment of the commission (also "commission") are to be made either in the hotel accommodation contract or in an agreement to be concluded at the same time. If more than one tour operator is responsible for the same booking, the hotel only has to pay the commission once.
12. Withdrawal and cancellation
A free cancellation of the entire booking is possible up to 56 days before arrival. After the free cancellation period has expired, the hotel will of course try to rent and offset the canceled rooms otherwise. If this is not successful, the hotel reserves the right to charge the following cancellation costs:
a) 55 to 28 days before arrival: 30% of the booked services.
b) 27 to 8 days before arrival: 60% of the booked services.
c) 7 days to 0 days before arrival: 90% of the booked services.
- Additional business agreements for events / seminars -
These terms and conditions apply to contracts for the rental of conference and event rooms of the hotel for the implementation of events such as seminars, meetings and presentations, etc. as well as for all other services and deliveries provided by the hotel for the customer in this context.
14. Bringing your own food and drinks
The customer is generally not allowed to bring food and drinks to events. Exceptions require an agreement with the hotel. In these cases, a contribution to cover overhead costs will be charged.
15. Technical equipment and connections
15.1 | Insofar as the hotel procures technical and other equipment from third parties for the customer at the customer's request, it acts in the name, on the power of attorney and for the account of the customer. The customer is liable for careful handling and proper return. He releases the hotel from all claims by third parties from the provision of these facilities.
15.2 | The use of the customer's own electrical systems using the hotel's power grid requires the customer's consent. Malfunctions or damage to the hotel's technical systems caused by the use of these devices are at the expense of the customer, unless the hotel is responsible for them.
15.3 | Faults in the technical or other equipment made available by the hotel will be eliminated immediately if possible. Payments cannot be withheld or reduced if the hotel is not responsible for these disruptions.
16. Loss of or damage to items brought along
16.1 | Exhibition items or other items, including personal items, are at the risk of the customer in the event rooms or in the hotel. The hotel assumes no liability for loss, destruction or damage, not even for financial loss, except in the case of gross negligence or intent on the part of the hotel. This does not apply to damage resulting from injury to life, body or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
16.2 | Exhibition or other objects brought along must be removed immediately after the end of the event. If the customer fails to do this, the hotel may remove and store the items at the customer's expense. If the objects remain in the event room, the hotel can charge an appropriate compensation for use for the duration of the reservation of the room.
17. Customer Liability for Damage
17.1 | If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties in his area or himself.
17.2 | The hotel can require the customer to provide an appropriate security deposit, for example in the form of a credit card guarantee.
18. Package travel insurance
The combination of travel services offered to you is package travel within the meaning of Directive (EU) 2015/2302. Therefore, you can take advantage of all EU rights that apply to package tours. The Hotel Amerika, Maybachstrasse 14, 88427 Bad Schussenried, bears full responsibility for the proper implementation of all package tours. In addition, the Hotel America has the legally required protection for the repayment of your payments and, if the transport is included in the package tour, to secure your repatriation in the event of his / her bankruptcy.