I. GENERAL TERMS AND CONDITIONS
- scope of application
These General Terms and Conditions (GTC) apply to all contracts concluded with NaIs HoGa GmbH, Unterstadtstraße 2, 88709 Meersburg (hereinafter “the Hotel”). They can be changed or replaced by individual case regulations.
Consumers in the sense of the terms and conditions are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them.
Entrepreneurs in the sense of the terms and conditions are natural or legal persons or partnerships with legal capacity with whom business relations are entered into, who act in the exercise of a commercial or independent professional activity.
Clients in the sense of the terms and conditions are both consumers and entrepreneurs.
Deviating, conflicting or supplementary general terms and conditions of the client shall not become part of the contract, even if known, unless their validity is expressly agreed in writing.
- conclusion of the guest accommodation contract
The guest accommodation contract (accommodation contract) can be concluded in writing, orally, by telephone or by conclusive behavior. The guest accommodation contract also applies to all participants listed in the registration for whose contractual obligations the applicant is liable as for his own obligations. The conclusion of the guest accommodation contract obligates both contracting parties to fulfill the contract, regardless of the duration of the contract. In the case of hotel accommodation, the guest accommodation contract is concluded as soon as the room has been ordered and confirmed or – if a confirmation was not possible due to time constraints – made available.
If the content of the room confirmation differs from the content of the registration, a new offer of the hotel exists, to which the hotel is bound for a period of 2 days. The contract is concluded on the basis of this new offer if the guest declares acceptance within the binding period of the hotel.
- reservations
If rooms or other services (e.g. meals) are reserved on an option basis, the option dates are binding for both contracting parties. After expiration of the agreed option period, the hotel may freely dispose of the rooms and services booked on an option basis without consultation. Reserved rooms confirmed by the hotel will be made available from 3:00 p.m. on the day of arrival and by 10:00 a.m. on the day of departure. The hotel is entitled to assign reserved rooms to other parties after 6:00 p.m. on the day of arrival, unless a later arrival time has been expressly agreed.
- price changes
If the period between the conclusion of the contract and the provision of the individual service exceeds a period of more than 4 months and if the price generally charged by the hotel for such services increases, the contractually agreed price may be increased by the hotel by a reasonable amount, but not by more than 10%.
- terms of payment
Unless other terms of payment have been expressly agreed, invoices shall be due for payment immediately upon receipt of the invoice, without any deductions and in cash.
The acceptance and selection of credit cards is at the discretion of the hotel in each individual case, even if the basic acceptance of credit cards is indicated by a notice in the hotel. The acceptance of checks, credit cards and other means of payment shall be on account of performance only.
Default in payment of even one invoice shall entitle the hotel to discontinue all further and future services for the guest at the hotel. The prerequisite for this is that the hotel must send a reminder setting a deadline and informing the guest of the consequences.
If the invoice amount exceeds € 1,000.00 or if the guest stays at the hotel for more than 6 days, the hotel shall be entitled to issue individual interim invoices and to demand payment thereof from the guest..
- advance payments
The hotel is entitled to demand advance payment from a guest who has not made a reservation, in the amount of the price of the overnight stay upon conclusion of the guest accommodation contract.
The Hotel may, without justification, make any acceptance of an order, reservation or other service to be performed or continued conditional upon payment in advance, in whole or in part, of the amounts expected to be owed, in the form of down payments, progress payments or total advance payments.
If the advance payment is not credited to the hotel’s account within the period specified by the hotel, the hotel shall be entitled to claim damages for non-performance or to withdraw from the contract without prior notice of refusal to perform the contract.
- cancellations, cancellation fees
In the event of cancellation of reservations by the Guest or non-utilization of the services offered by the Hotel, the contractual services ordered and reserved but not utilized by the Guest but offered by the Hotel (in particular for the accommodation of the Guests, the rental of the conference and function rooms and/or the catering) shall be charged to the Guest by the Hotel at the following flat rates:
- a) Groups
| Cancellations between 30. and 15. day before provision of the respective service: | 30% of the ordered/reserved services will be charged. |
| Cancellation between 14. and 8. day before provision of the respective services: | Charge of 60 % of the ordered/reserved services. |
| Cancellation from the 7th day before the provision of the respective services: | 90 % of the ordered/reserved services will be charged. |
- b) Individual bookings
| Cancellation until 18:00 two days before the provision of the respective services: | Free of charge |
| Cancellation from the 2nd day before the provision of the respective services: | 90% of the ordered/reserved services. |
When booking an event room without a fixed food service, the reserved service is calculated from the number of persons multiplied by the most favorable 3-course menu price from the existing offer.
The cancellation fees are reduced by the amounts that are achieved by subletting the cancelled rooms.
The above cancellation fees will also apply if the ordered and reserved services are only partially canceled by the guest, in which case the aforementioned flat rates apply to the part of the services that was canceled, or if the guest does not make use of the ordered and reserved services without express cancellation.
- liability
The liability of the hotel is governed by §§ 701 – 703 of the German Civil Code (BGB). Liability for other reasons is excluded, unless damage was caused by the hotel, its legal representatives or vicarious agents intentionally or through gross negligence.
Objections due to non-contractual performance of the accommodation contract shall expire if they are not asserted within one month after termination of the accommodation contract. The expiration period is suspended as long as the guest is demonstrably prevented from complying with the deadline due to force majeure or through no fault of his own.
9 Duty to cooperate
The guest is obligated to do everything reasonable in the event of any service disruptions to contribute to the elimination of the disruption and to keep any resulting damage to a minimum.
In particular, the guest is obligated to notify the hotel immediately of any complaints. In this case, the hotel will provide remedy, if possible. If the guest culpably fails to report a defect, a claim for reduction does not occur.
- parking conditions for motor vehicles
Use of the parking garage and parking spaces is subject to acceptance of the following parking conditions and at your own risk. There will be no safekeeping of objects. The hotel assumes no liability for damage caused by third parties. The hotel is only liable for damage that can be proven to have been caused by gross negligence or intent on the part of the staff. Claims arising from such damage must be made before leaving the parking lot or underground garage.
The provisions of the Road Traffic Regulations apply mutatis mutandis.
- other regulations
a) In the public areas of the hotel, the consumption of food and beverages brought in by the guest is prohibited.
b) The guest is only entitled to set-off and retention with undisputed or legally established counterclaims.
c) The guest is obligated to immediately report to the hotel any loss of property brought into the hotel, at the latest, however, upon departure.
d) The guest is liable for all damages caused by him during his stay in the hotel. This means e.g. our hotel is a pure non-smoking hotel and should we find out that smoking has taken place in a room, we will charge € 300,00 for the final cleaning.
e) The headings in these General Terms and Conditions are for convenience only and have no material meaning, especially not that of a final regulation.
f) The law of the Federal Republic of Germany applies to these terms and conditions and to the entire legal relationship between the hotel and the guest.
g) The place of jurisdiction is the local or regional court responsible for the respective location of the hotel.
II. SPECIAL TERMS AND CONDITIONS FOR GROUPS
- prices
The prices for groups are valid only on the basis of a separate written agreement. Otherwise, the respective valid group price lists of the hotel shall apply.
- reservations
Any reservation shall become effective only upon written confirmation by the Hotel.
The hotel is entitled to demand a reasonable advance payment at any time. This advance payment must be made no later than 6 weeks prior to the start of the event. If the advance payment is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall be entitled to withdraw from the contract.
- additional services
The costs arising in addition to the agreed contractual services, such as telephone, bar, additionally ordered food and beverages are to be paid by each group participant before departure. If this does not happen, the group organizer is liable as joint and several debitor.
- final provisions In all other respects, the above General Terms and Conditions in Section I. shall apply accordingly, and in particular also with regard to cancellations/cancellation fees and advance payment provisions.