AGB

 

1 SCOPE

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a BGB. The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract.

1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form, whereby the right of termination pursuant to Section 540 (1) sentence 2 BGB is waived.

1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in text form.

2 CONCLUSION OF THE CONTRACT, -PARTNERS

The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel. In the case of bookings via the hotel's own homepage, the contract is concluded by clicking on the "BOOK CONTRACTUALLY" button.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.

3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.

3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax.
In the event of a change in the statutory value added tax or the introduction, change or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.

3.4 If payment on account has been agreed, payment shall be made within ten days of receipt of the invoice without deduction, unless otherwise agreed.

3.5 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the event of default of payment by the customer, the statutory provisions shall apply.

3.6 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the start of the stay, to demand an advance payment or provision of security within the meaning of clause 3.5 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.

3.7 The hotel shall also be entitled to demand a reasonable advance payment or security deposit as defined in clause 3.5 above from the customer at the beginning and during the stay for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with clause 3.5 and/or clause 3.6 above.

3.8 The customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.

3.9 The customer agrees that the invoice may be sent to him electronically.

4 RESCISSION/TERMINATION ("CANCELLATION") BY THE CUSTOMER / NON-UTILISATION OF THE HOTEL'S SERVICES ("NO SHOW")

4.1 Unilateral cancellation by the customer of the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract or a statutory right of withdrawal or termination exists.

4.2 If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right to withdraw from the contract shall expire if he does not exercise this right in text form vis-à-vis the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired and there is also no statutory right of withdrawal or termination, the hotel retains the right to the agreed remuneration despite non-utilization of the service. If the rooms are not rented to another party, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 100% of the contractually agreed price for overnight accommodation as well as for package arrangements with third-party services, feel-good board and full-board arrangements. The customer is also obliged to pay 100% of the costs for well-being board, breakfast and, if booked in advance, wellness treatments or other individually booked services. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

4.3 By way of derogation, the following cancellation policy applies to bookings for conferences or events:

Up to 30 days before the event (6 p.m.): 100% refund of the full booking amount
Up to 15 days before the event (6 p.m.): 50% Refund of the full booking amount
Up to 7 days before the event (6 p.m.): 25% Refund of the full booking amount
Thereafter we will charge the full booking amount.

In addition, the following conditions apply for last-minute cancelations as a gesture of goodwill:
For bookings of 10 to 19 rooms, you can cancel one room free of charge*.
If you book 20 to 29 rooms, you can cancel two rooms free of charge*.
If you book 30 to 39 rooms, you can cancel three rooms free of charge*.

*until before the start of the event on the first day of the event, but no later than 12 noon on the first day of the event.

5 CANCELLATION OF THE HOTEL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract within this period of time if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline. This applies accordingly in the case of the granting of an option if other enquiries are received and the customer is not prepared to make a firm booking upon enquiry by the hotel with a reasonable period of notice.

5.2 If an advance payment or security deposit agreed or demanded in accordance with clause 3.5 and/or clause 3.6 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, 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 concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
- the hotel has justified cause to believe that the use of the service may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
- the purpose or reason for the stay is unlawful;
- there is a violation of section 1.2 above.

5.4 The justified withdrawal of the hotel shall not give rise to a claim for damages on the part of the customer. Should the hotel have a claim for damages against the customer in the event of a withdrawal pursuant to Clause 5.2 or 5.3 above, the hotel may make a lump-sum payment for such damages. Clause 4.3 shall apply accordingly in this case.

6 ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer does not acquire a claim to the provision of specific rooms, unless this has been expressly agreed in text form.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier availability.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (price according to the booking confirmation) for the late vacating of the room for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.

7 Smoking in the rooms / fire alarms

7.1 Smoking in the hotel rooms and in all areas of the hotel not expressly designated for this purpose is strictly prohibited. In the event of a violation, a cleaning fee of at least 250 € will be charged.

7.2 If a fire alarm is triggered by smoking or improper use of smoke detectors, resulting in the deployment of the fire department or other rescue services, all additional costs incurred as a result, including the deployment costs of the fire department, as well as a processing fee of € 250, shall be borne by the perpetrator.

7.3 The hotel reserves the right to take further legal action if the breach causes additional damage.

8 LIABILITY OF THE HOTEL

8.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him in order to remedy the disruption and minimize any possible damage.

8.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

8.3 Insofar as the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.

8.4 Wake-up calls are carried out by the hotel with the utmost care.

Messages for customers are handled with care. After prior consultation with the customer, the hotel can accept, store and - on request - forward mail and consignments of goods against payment. The hotel shall only be liable in this respect in accordance with the above Clause 7.1, Sentences 1 to 4.

 

9 BEAUTIFUL WEATHER GUARANTEE

9.1 The good weather guarantee applies to all bookings made after 24.12.2024. In addition, it only applies to direct bookings, i.e. bookings made directly via the Hotel Diehlberg booking channels (telephone, e-mail, hotel-diehlberg.de website or on site). Excluded from the fair weather guarantee are business rates, corporate rates, expedition rates, overnight stays in the context of conferences and events as well as other appropriately marked promotional rates.

9.2 If the weather does not suit the guest during his stay, the stay may be interrupted prematurely without the pro rata residual value being forfeited. The guest decides at his own discretion what he considers to be "good weather". The good weather guarantee must be claimed on site. Subsequent claims (after departure) are excluded. The guarantee can also be claimed on a room-by-room basis. However, it is not possible to claim a room on a "person-by-person" basis (departure of individual persons).

9.3 The guest shall receive a voucher for the proportionate residual value of their stay. The voucher can be redeemed for all services provided by Hotel Diehlberg within one year of the date of issue. Cash payment is excluded. The voucher is non-transferable. The guests on the original and new travel dates must be the same person.

9.4 When redeeming the voucher, the prices and availability valid for the new period of stay shall apply. There is no entitlement to redemption on specific preferred dates. Any minimum lengths of stay for the new arrival period also apply.

9.5 The hotel reserves the right to rent rooms that have been vacated prematurely to other parties. Unredeemed vouchers expire if the hotel ceases to operate.

 

10 FINAL PROVISIONS

10.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.

10.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Olpe. However, the hotel may also choose to sue the customer at the customer's place of business. The same applies to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.

10.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

10.4 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 ("ODR platform"): http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.