Terms and Conditions

This English version is provided for information only. The German version is legally binding.

General Terms and Conditions of Hotel Alte Post, Georg Lutzenberger e.K. – Marienplatz 19 – 86956 Schongau (hereinafter “the Hotel”) for hotel accommodation contracts [as of 08/2019]

I. Scope

These General Terms and Conditions apply to all contracts between the Hotel and a third party (the Customer) for the rental of hotel rooms for accommodation and all other services provided to the Customer in this connection (hotel accommodation contract).
Subletting or re-letting the rooms provided is prohibited, as is their use for purposes other than accommodation. Public invitations, promotional events, job interviews, sales or similar events in the rooms provided require the prior written consent of the Hotel, which may be made subject to payment of additional remuneration. Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived.
The Customer's general terms and conditions only apply if this has been expressly agreed in advance in text form. Otherwise, the Hotel's General Terms and Conditions apply, even if the Hotel has not explicitly objected to the application of general terms and conditions provided by the Customer.

II. Conclusion of contract, contracting parties

The contract is concluded when the Hotel accepts the Customer's request. The Customer's request consists of the reservation made by the Customer. After the Hotel has received the reservation, the Customer receives a binding booking number and, on request, a reservation confirmation in text form.
The contracting parties are the Hotel and the Customer. If a third party makes the reservation on behalf of the Customer, the Customer is jointly and severally liable to the Hotel together with the third party, provided the Hotel has received a corresponding declaration from the third party.
Reservations for booked but not yet paid rooms are binding for both contracting parties until 6:00 pm on the day of arrival. After that, the Hotel is free to reallocate the reserved room. For bookings guaranteed by credit card, the reservation is held until the end of reception opening hours. For arrivals after reception hours, the Customer will be given a door code.

III. Services, payment, set-off, vouchers

Subject to clause II.2, the Hotel is obliged to keep the rooms booked by the Customer available and to provide the agreed services.
The Customer is obliged to pay the Hotel's applicable or agreed prices for the provision of the room and for any other services used. This also applies to expenses incurred at the Customer's request and to services provided by the Hotel to third parties. The agreed prices include the applicable statutory VAT. If the statutory VAT changes after the contract has been concluded, the prices will be adjusted accordingly. If the Customer is a consumer within the meaning of Section 13 BGB, this only applies if the period between conclusion and performance of the contract exceeds four months.
The full price for the booking period must be paid by the Customer in advance, at the latest on arrival at the Hotel. Accepted means of payment are cash in euros, EC/Maestro card, MasterCard, Visa, American Express, JCB and bank transfers in euros.
The Hotel is entitled to require a reasonable advance payment or security from the Customer when the contract is concluded, for example in the form of a credit card guarantee. The amount of the advance payment may be agreed in text form in the hotel accommodation contract. Even after the contract has been concluded, the Hotel remains entitled in justified cases, for example if the booking is subsequently extended, to require an advance payment or security up to the end of the stay.
The Hotel may make its consent to a subsequent reduction requested by the Customer in the number of rooms booked, the Hotel's services or the length of the Customer's stay conditional on an increase in the price of the rooms or the Hotel's other services.
Breakfast is always charged even if it is not taken, unless the Customer cancels breakfast no later than the day before.
If, in deviation from clause III.3, payment by invoice has been agreed in the hotel accommodation contract, payment must be made without deduction within 7 days of receipt of the invoice. After this period, the Customer is automatically in default. In the event of default, the Hotel is entitled to charge a fee of €5.00 per reminder to private customers and a lump sum of €40 pursuant to Section 288 (5) BGB to business customers.
Agreements on the payment of any commission must be made either in the hotel accommodation contract or in a separate agreement concluded at the same time. If more than one agent is responsible for the same booking, the Hotel will pay the commission only once.
The Customer may only set off an undisputed or legally established claim against a claim of the Hotel.
Vouchers become time-barred after 3 years. The last two digits of the voucher number indicate the year of issue. For gift vouchers for goods, the Hotel reserves the right to charge any price increases.

IV. Withdrawal by the Customer (cancellation)

The Customer may only withdraw from the hotel accommodation contract concluded with the Hotel if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or the Hotel expressly agrees to the cancellation of the contract. The contractual right of withdrawal and the Hotel's consent should be given in text form.
If the Hotel has granted the Customer the option in the hotel accommodation contract to withdraw from the contract free of charge up to an agreed date, the Hotel has no claim to payment against the Customer if the withdrawal is exercised in good time within the agreed period. Receipt of the withdrawal by the Hotel is decisive for timeliness. The withdrawal must be made by the Customer in text form.
If there is no statutory right of withdrawal, no contractual right of withdrawal has been agreed or it has not been exercised in time, or the Hotel has not agreed to the cancellation of the contract, the Hotel retains its claim to the agreed remuneration even if the Customer does not use the Hotel's services. The Hotel's claim is reduced by the expenses saved as a result of the Customer's non-arrival. The Hotel is free to deduct the saved expenses from the agreed remuneration as a lump sum. In this case, the Customer is obliged to pay 100 % of the agreed remuneration for the overnight stay. The Customer is free to prove that the Hotel's claim has not arisen or has not arisen in the amount stated.

V. Withdrawal by the Hotel

If a right of free withdrawal for the Customer within a certain period has been contractually agreed, the Hotel is also entitled during this period to withdraw from the contract in whole or in part if other customers have enquired about the rooms booked by the Customer and the Customer does not waive the right of withdrawal when asked by the Hotel.
In addition, the Hotel is entitled to withdraw from the hotel accommodation contract for an objectively justified reason, in particular if
a) force majeure or other circumstances beyond the Hotel's control make it impossible to perform the hotel accommodation contract;
b) the Customer has made the reservation with misleading or false information or by concealing facts essential to the contract – essential facts include in particular the identity of the Customer or their ability to pay;
c) the Hotel has reasonable grounds to believe that the Customer's use of the Hotel's services may jeopardise the smooth running of business, the security or the public reputation of the Hotel, without this being attributable to the Hotel's sphere of control or organisation;
d) the Customer has breached clause I.2.
The Hotel is entitled to withdraw from the contract if the Customer has not made an agreed advance payment or one requested in accordance with clause III.4.
If the Hotel withdraws justifiably, the Customer has no claim to compensation.

VI. Room handover and return

The Customer does not acquire any right to be provided with specific rooms by the Hotel.
Booked rooms are available to the Customer from 2:00 pm on the agreed day of arrival and until 10:00 am on the day of departure.
In the event of early check-out, this must be announced by 9:00 am and the room must be vacated by 10:00 am. Otherwise, an additional night excluding the breakfast share will be charged.
A late check-out can only be granted on prior request. For extended use, €10.00 per hour will be charged up to the full daily rate. This does not give rise to any contractual claims on the part of the Customer.

VII. Liability

The Hotel is liable for damage for which it is responsible resulting from injury to life, body or health. The Hotel is liable for other damage based on an intentional or grossly negligent breach of duty by the Hotel, and for damage based on an intentional or negligent breach of essential contractual obligations by the Hotel. Essential contractual obligations are those that make the proper performance of the contract possible in the first place and on whose fulfilment the Customer relies and may rely. In the event of a breach of these essential contractual obligations, liability is limited to foreseeable damage typical for the contract. Otherwise, liability is excluded. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the Hotel. Should disruptions or defects in the Hotel's services occur, the Hotel will endeavour to remedy them immediately as soon as it becomes aware of them or upon the Customer's prompt complaint. The Customer, for their part, is obliged to do what can reasonably be expected of them to remedy the disruption and to minimise any possible damage. Furthermore, the Customer is obliged to inform the Hotel immediately of all disruptions known to them and of the possibility of exceptionally high damage.
For items brought in by the Customer, the Hotel is liable to the Customer in accordance with the statutory provisions of Sections 701 et seq. BGB up to a maximum amount of €3,500.00. For money, securities and valuables, the amount is €800.00 instead of €3,500.00. The Hotel recommends storing such items in the hotel or room safe. Clause VII.1 above applies to any further liability.
If the Customer is provided with a parking space in a garage of the Hotel, this does not constitute a safekeeping contract between the contracting parties, even if a fee is paid. The Hotel has no duty of supervision. In the event of theft of or damage to vehicles parked there and their contents, the Hotel is only liable in accordance with clause VII.1 above. The Customer must report any damage to the Hotel immediately.
Items left behind by the Customer will only be sent on request and at the Customer's expense and risk. The Hotel keeps the items for one month and then hands them over to the local lost property office. If the lost property office refuses to accept them, the Hotel is entitled to destroy or dispose of the items. The Hotel's liability for items left behind is governed by clause VII.1.
The Hotel handles messages, mail and deliveries for the Customer with the utmost care and takes care of delivery and storage or, on request and for a fee, forwarding to the Customer. The Hotel is also only liable for this in accordance with clause VII.1 above.

VIII. Limitation period

All claims of the Customer against the Hotel become time-barred one year after the start of the statutory limitation period pursuant to Section 199 (1) BGB. Irrespective of knowledge, claims for damages become time-barred at the latest five years after conclusion of the contract. This does not apply to claims based on an intentional or grossly negligent breach of duty by the Hotel, or to injury to body or health or loss of life attributable to the Hotel.

IX. Miscellaneous

The consumption of food and drink brought in from outside is prohibited in the Hotel's public areas. Food and drink under the hotel accommodation contract are provided in the rooms of the Hotel designated for this purpose, and must also be consumed there. The preparation of food in the booked rooms is prohibited.
Smoking is not permitted anywhere in the Hotel, including the rooms. If the Customer violates this, they must reimburse the Hotel for the resulting cleaning costs of €50.00. Proven tampering with the smoke detectors that triggers a fault alarm will be charged at a flat rate of €150.00.
Bringing pets requires the express prior consent of the Hotel, except for guide dogs or comparable assistance dogs. Even with the Hotel's consent, pets may only be brought if the Customer keeps them under constant supervision, there is no danger to third parties and the animals are free from disease. Pets are not permitted in the Hotel's dining rooms. The Customer must pay a flat fee of €10.00 per pet per day.

X. Final provisions

Amendments or additions to the contract or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the Customer are invalid.
The conditions for bookings via various online reservation platforms may differ. The conditions of the platform through which the booking was made apply in each case.
German law applies exclusively. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Schongau.
The place of performance and payment is Schongau.
Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.

Hotel Alte Post
Georg Lutzenberger e.K.
Marienplatz 19
86956 Schongau
Germany