Dear Guest,

the following conditions, insofar as effectively agreed, become part of the accommodation contract that comes into effect when you book accommodation with us. In addition to the statutory provisions, these conditions govern the contractual relationship between you, the guest, and us, Wellnesshotel Hohenrodt, owner Werner Jung, as the accommodation establishment, hereinafter abbreviated as “BHB”. With these terms and conditions, we would like to create legal clarity in your interest and in our interest. You acknowledge their content when you rent a room from us. Please read these conditions carefully.

1. Conclusion of contract

1.1 By making a booking, the guest makes a binding offer to the BHB to conclude an accommodation contract. This offer is based on the description of the accommodation and the supplementary information in the booking basis (e.g. location description, classification explanation), provided that these are available to the guest.

1.2 Bookings can be made verbally, in writing, by telephone, by fax or electronically (e-mail, internet). For electronic bookings, the guest will receive immediate confirmation of receipt of the booking electronically.

1.3 The guest making the booking for fellow travelers or other clients of the booking (companies, associations, group leaders) is liable for all contractual obligations of booked guests for whom the booking is made, as for their own, provided that they have assumed this obligation by express and separate declaration.

1.4 The contract comes into effect when the BHB’s booking confirmation is received by the guest or client. It does not require any specific form, with the result that, in particular, verbal and telephone confirmations are also legally binding for the guest and the BHB. As a rule, the BHB will also send the guest a written copy of verbal and telephone booking confirmations.

1.5 In the event of a booking via the hotel’s own homepage, the contract is concluded by clicking on the “BOOK WITH OBLIGATION TO PAY” button.

1.6 If the BHB submits a special offer at the request of the guest or the client, this constitutes a binding contractual offer from the BHB to the guest or the client, deviating from the above provisions. In these cases, the contract is concluded without a corresponding reconfirmation from the BHB being required if the guest or the client accepts this offer, if specified within the period stated in the offer, without restrictions, changes or extensions, by express declaration, down payment, final payment or use of the accommodation.

2. Reservations

2.1 Non-binding reservations that entitle the guest to withdraw free of charge are only possible with a corresponding express agreement with the BHB.

2.2 If a non-binding reservation has not been expressly agreed, the booking according to section 1 of these conditions generally leads to an accommodation contract that is legally binding for the BHB and the guest/client.

2.3 In the event of a cancellation by the hotel on the day of arrival (e.g. in the event of overbooking or technical problems), provided that the booking is older than 24 hours, the hotel undertakes to organize equivalent alternative accommodation for the guest.

3. Prices and services, price increases

3.1 The prices stated in the brochure are final prices and include statutory VAT and all ancillary costs, unless otherwise stated with regard to the ancillary costs. Tourist tax or tourist information as well as fees for services for which consumption-based billing is specified in the booking basis or separately agreed (e.g. electricity, gas, water, telephone, firewood) and for optional and additional services may be charged and shown separately.

3.2 The services owed by the BHB result exclusively from the content of the booking confirmation in conjunction with the respective booking basis, i.e. the valid brochure, the BHB’s website or the other service and property description, as well as from any additional agreements expressly made with the guest/client. The guest/client is recommended to make supplementary agreements in writing. Information in local or hotel guides is only decisive for the BHB’s obligation to perform if there is a corresponding express agreement with the BHB.

4. Payment

4.1 The due date of the deposit and final payment depends on the agreement made with the guest or the client. The agreed payment arrangement is recorded in written booking confirmations. If no special agreement has been made, the entire accommodation price including the fees for additional costs and additional services is due for payment at the end of the stay and must be paid to the BHB.

4.2 Cash payments and valid BHB vouchers are accepted. In addition to EC-Card and Maestro, electronic payments are possible via the following payment service providers: Visa, Master Card and American Express. Payments at the end of the stay are not possible by bank transfer. Payments in foreign currencies and with a check are also not possible.

4.3 The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay for existing and future claims arising from the contract

5. Withdrawal and no-show

5.1 In the event of withdrawal, the BHB retains the right to payment of the agreed accommodation price including the catering portion and the fees for additional services.

5.2 The BHB must endeavor, within the scope of its normal business operations, without any obligation to make special efforts and taking into account the special character of the booked accommodation (e.g. non-smoking room, family room, room for allergy sufferers), to find another use for the accommodation in accordance with its intended purpose.

5.3 The BHB must have any other occupancy and, if this was not possible, saved expenses credited.

5.4 According to the percentages recognized by case law for the assessment of saved expenses, the guest or the client must pay the accommodation establishment the following amounts, each based on the total price of the accommodation services (including all additional costs), but without taking into account any public charges such as tourist tax or visitor’s tax:

5.5 The guest/client is expressly entitled to prove to the BHB that the BHB’s saved expenses are significantly higher than the deductions taken into account above, or that the accommodation services have been used elsewhere. In the event of such proof, the guest or the client is only obliged to pay the correspondingly lower amount.

5.6 It is strongly recommended to take out travel cancellation insurance.

6. Obligations of the customer and termination by the BHB

6.1 Unless otherwise agreed, the accommodation can only be used by the guest for whom it was booked. Any other occupancy, in particular subletting, and in the case of commercial clients, in particular the transfer of accommodation contingents, is not permitted.

6.2 The guest is obliged to treat the accommodation and its facilities as well as all facilities of the accommodation establishment themselves only in accordance with their intended purpose, as far as (as e.g. with swimming pool and sauna) available according to the rules of use and overall with care.

6.3 The guest is obliged to report any defects and disruptions that occur to the BHB immediately and to request remedial action. If the notification of defects is culpably omitted, the guest’s claims may be forfeited in whole or in part.

6.4 Smoking is prohibited in all indoor areas of the hotel. In the event of a violation, the BHB is entitled to demand a cleaning fee of €250 from the guest.

6.5 The guest can only terminate the contract in the event of significant defects or disruptions. He must first set the BHB a reasonable deadline for remedial action within the scope of the notification of defects, unless the remedial action is impossible, is refused by the BHB or the immediate termination is objectively justified by a special interest of the guest recognizable to the BHB or for such reasons the continuation of the stay is objectively unreasonable for the guest.

6.6 Taking and accommodating pets in the accommodation is only permitted in the event of an express agreement to this effect, if the BHB provides for this possibility in the advertisement. Within the scope of such agreements, the guest is obliged to provide truthful information about the type and size. Violations of this may entitle the BHB to extraordinary termination of the accommodation contract.

6.7 The BHB can terminate the accommodation contract without observing a deadline if the guest, despite a warning from the BHB, persistently disrupts the operation of the BHB or the execution of the stay or if he behaves in such a way that is contrary to the contract that the immediate termination of the contract is justified. If the BHB terminates the contract, the provisions in section 5 apply accordingly to the BHB’s claim for payment.

7. Limitation of liability for mediated external services

7.1 The hotel is liable for damages for which it is responsible resulting from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on a breach of typical contractual obligations of the hotel. Further claims for damages are excluded, unless otherwise regulated in this section. Should disruptions or defects occur in the services of the hotel, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and keep any possible damage to a minimum.

7.2 The BHB is not liable for service disruptions in connection with services that are recognizably only mediated as external services for the guest/client during the stay (e.g. sporting events, theater visits, exhibitions, etc.). The same applies to external services that are already mediated together with the booking of the accommodation.

7.3 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using 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 safekeeping agreement with the hotel.

7.4 If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents.

7.5 Although the BHB treats and executes wake-up calls, mail and messages for the customer with care, it is not liable for any damage that may occur.

8. Limitation period

8.1 Claims of the guest/client against the BHB from the accommodation contract from the accommodation contract expire after three months. The limitation period begins on the day of the agreed check-out.

8.2 If negotiations are pending between the guest and the BHB regarding asserted claims or the circumstances justifying the claim, the statute of limitations is suspended until the guest or the BHB refuses to continue the negotiations. The aforementioned limitation period begins at the earliest 3 months after the end of the suspension.

9. Choice of law, place of jurisdiction and final provisions

9.1 The contractual relationship between the guest or the client and the BHB is exclusively subject to German law. The same applies to the other legal relationship.

9.2 The place of jurisdiction for any disputes is Freudenstadt.

9.3 The above provisions do not apply if and to the extent that mandatory provisions of the European Union or other international provisions are applicable to the accommodation contract or the legal relationship with the guest or client.

9.4 Changes and additions to the contract, the acceptance of the application or these general terms and conditions must be made in writing. Unilateral changes or additions are ineffective.

9.5 In accordance with the statutory 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”): http://ec.europa.eu/consumers/odr/.

Imprint: www.hohenrodt.de/impressum