Terms and conditions for accommodation contracts
I. Scope of application
1. These terms and conditions apply to all accommodation contracts concluded between the parties. The same shall apply if the contract is concluded via or with the help of a third party.
2. As defined in these terms and conditions, guests may be either consumers or entrepreneurs as defined in Sections 13, 14 of the German Civil Code (hereinafter referred to as “BGB”).
3. The provider of the accommodation service is Annette Katrin Seidel. Below, the latter shall be referred to only as the Hotel.
II. Conclusion of the contract; contracting parties, statute of limitations
1. The contract has been concluded when the Hotel accepts the guest’s request. If the Hotel makes the guest a binding offer, the contract has been concluded when the guest accepts the offer.
2. When concluding the contract or immediately thereafter, the Hotel shall provide the guest with a copy or confirmation of the contract on a durable medium.
3. The contracting parties are the Hotel and the guest. If a third party has placed the order for the guest, the guest shall be jointly and severally liable towards the Hotel, along with the third party, for all obligations under the contract to the extent that the Hotel possesses a corresponding statement by the third party.
4. A third party may only enter into the rights and obligations of the accommodation contract in place of the guest with the prior consent of the Hotel.
5. If a third party enters into the contract, the third party and the guest shall be jointly and severally liable towards the Hotel. The Hotel may, at its discretion, demand the true and fair costs actually caused by this entry in return for evidence thereof.
6. Booked rooms may not be sold on, rented out and/or resold. In particular, rooms and / or room blocks may not be resold to third parties at higher prices than the actual room rates. Use of the hotel room for any purpose other than the purpose of accommodation is expressly prohibited.
III. Room facilities
Information is provided in advance that the hotel room facilities may deviate slightly from the facilities advertised, e.g. due to unpredictable damage. Slight deviations in the room’s facilities do not constitute a significant defect entitling the customer to assert warranty claims.
IV. Room cleaning
The rooms are cleaned every 3 nights. Additional cleaning or a change of towels can be arranged on request.
Booked rooms are made available to the guest from 15:00 on the day of arrival and until 11:00 on the day of departure. On request and subject to availability, earlier arrival or later departure can be arranged in advance with the Hotel. There is no fundamental entitlement to this service.
If earlier arrival or later departure come at an extra cost to the Hotel, the Hotel shall be entitled to charge this to the guest.
VI. Services, prices, payments, offsetting
1. The full price of accommodation shall be paid at the end of the stay. The guest is free to pay the full accommodation price before the end of the stay.
2. The guest can only offset a sum owed to the Hotel with an incontestable or legally established claim.
VII. Revocation by the guest / non-use of the Hotel’s services, revocation by the Hotel
1. Before commencement of accommodation, the guest may revoke the contract at any time. If the guest revokes the contract, the Hotel loses its claim to the agreed accommodation price. However, the Hotel may demand appropriate compensation according to the following rates:
a) Revocation from 3 days before commencement of accommodation: 20% of total accommodation price,
b) Revocation from 1 day before commencement of accommodation: 50% of the total price.
If the guest books four or more rooms, for a period that is at least 12 months in the future, the compensation rates shall differ from those above, being as follows:
c) 10 % of the total accommodation price in the case of revocation from 40 days before accommodation begins,
d) 35% of the total accommodation price in the case of revocation from 15 days before accommodation begins,
e) 50 % of the total accommodation price in the case of revocation from 10 days before accommodation begins.
If the guest does not use the accommodation or does not use it completely, but does not inform the Hotel until the commencement of accommodation, then the Hotel is also entitled to demand appropriate compensation.
This amounts to 70% of the daily accommodation price.
2. The compensation rates named under VI. 1 of these terms and conditions were calculated based on the following:
a) period between the revocation and commencement of accommodation,
b) expenses expected to be saved by the Hotel and
c) earnings expected if the accommodation services were otherwise used.
If the guest proves that this claim did not come about, or did not come about in the amount demanded, the compensation shall be reduced accordingly.
3. The enforcement of the compensation rates named under VI. 1a) to e) of these terms and conditions shall be based on the time at which the customer’s revocation is received by the Hotel.
4. The Hotel may revoke the contract before commencement of accommodation in the case of unavoidable, unusual circumstances which prevent it from fulfilling the contract; in this case, the Hotel shall inform the customer about the revocation without delay after gaining knowledge of the cause of the revocation.
5. If the Hotel revokes the contract, the Hotel loses its claim to the agreed accommodation price. If the Hotel is obliged to refund the accommodation price as the result of a revocation, it shall do so without delay, and within 14 days of the revocation.
6. Information about revocation must be provided to the contracting party receiving it on a durable medium.
VIII. Taxes / fees / charges
The prices charged are total gross prices and include all statutory taxes, fees and charges. If any taxes, fees or charges change, or if any new taxes, fees or charges come into effect which were previously unknown to the parties, the Hotel reserves the right to adjust the prices accordingly.
As of 1 January 2020, Pirna Town Authorities have introduced a tourist tax, currently of €2 a night by each person staying there. This is to be paid upon arrival.
IX. Means of payment
Valid means of payment are: cash in euros up to a sum of € 5,000, (Visa, MasterCard, EC card, instant transfer, PayPal) in euros.
X. Limitation of liability
1. The Hotel’s liability for damage arising from a breach of contractual and / or legal duties is limited to intentional and grossly negligent behaviour.
2. Notwithstanding the above limitation of liability, the Hotel is liable for slight negligence,
a) for damage arising from injury to life, limb or health, and
b) for damage resulting from the violation of essential contractual obligations. A contractual obligation is essential if the violation relates to a duty that the guest justifiably expected to be fulfilled.
c) Furthermore, the Hotel is liable for damage if mandatory provisions of the German Product Liability Act (ProdHaftG) and other mandatory statutory provisions determine that liability is unlimited.
4. The limitations of liability named above in IX. of these terms and conditions also apply to employees, legal representatives and other vicarious agents of the Hotel.
5. Pursuant to the statutory provisions of Sections 701 ff. of the German Civil Code, the Hotel shall be liable towards the customer for things brought in up to a maximum sum of 3,500.00 EUR. In the case of money, securities and valuables, the amount of 800.00 EUR takes the place of the amount of 3,500.00 EUR. If the guest wishes things to be kept in safekeeping whose value exceeds the amounts indicated, a prior, individual agreement with the Hotel is required beforehand. Storage in the hotel safe or room safe is generally advised. The above regulations in IX. 1 to 4 of these terms apply to any further liability on the part of the Hotel.
6. If the guest is provided with a space in the hotel garage or a hotel car park – whether or not a fee is paid – this does not constitute a safekeeping contract. If motor vehicles which are parked or manoeuvred on the hotel grounds, or their contents, go missing or are damaged, the Hotel shall only be liable pursuant to IX. 1 to 4 of these terms and conditions.
7. The Hotel shall exercise great care when making wake-up calls. News, post and goods sent to guests shall also be treated with great care. The Hotel will take on their delivery and storage (both in the hotel) and – on request – their forwarding against payment. The above regulations under IX. 1 to 4 of these terms and conditions apply accordingly.
XI. No smoking in the hotel
Smoking in the hotel, the surrounding gardens and the other free spaces belonging to the hotel is only permitted in the specifically designated areas.
In the event of an infringement, the Hotel has the right to demand an amount of 50.00 EUR from the guest to compensate for the separate cleaning costs, including any loss of revenue arising from its resulting inability to let out the room. This level of compensation may be raised or lowered if the Hotel can prove the damage was greater or the guest can prove there was less damage.
Pets may not be brought into the hotel. In the event of an infringement, the Hotel has the right to demand an amount of 50.00 EUR from the guest to compensate for the separate cleaning costs, including any loss of revenue arising from its resulting inability to let out the room. This level of compensation may be raised or lowered if the Hotel can prove the damage was greater or the guest can prove there was less damage.
XIII. Final provisions
1. Amendments or supplements to the contract, to the acceptance of the offer or to these terms and conditions should be made in writing, unless stipulated otherwise in these terms and conditions and / or statutory provisions.
2. The place of performance and payment shall be the location of the Hotel’s registered office or that of the respective operating company.
3. The sole place of jurisdiction for commercial transactions – including disputes regarding cheques and exchange rates – shall be Pirna. If one contracting party fulfils the conditions of Section 38, subsection 2 of the German Code of Civil Procedure (ZPO), and if that party does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the Hotel.
4. If individual provisions of these terms and conditions are or become ineffective or void, the validity of the remaining provisions shall remain unaffected. In all other respects, statutory provisions shall apply.
XIV. EU consumer dispute resolution
In accordance with its legal obligation, the Hotel must inform the guest 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 settlement procedures before consumer arbitration boards.