BOOK NOW
0203-75800 - info@landhausmilser.de

General terms

General terms and conditions of business

I. Scope

1. These Terms and Conditions govern contracts for the rental and use of hotel rooms for lodging purposes, as well as all services provided to the guest other goods and services of the hotel.

2. The subletting of the rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540, para. 1 sentence 2 BGB condition is, as far as the customer is not a consumer.

3. Terms and Conditions of the guest only apply if this was expressly agreed in writing.

II. Conclusion of contract, contracting parties; Limitation

1. The contract is through the adoption of the request of the guest upon the hotel. The Hotel stet at liberty to confirm the room reservation in writing.

2. Contractual partners are the hotel and the guest. Has ordered for the guest Mom, he is liable to the hotel together with the guest and severally liable for all obligations arising from the hotel accommodation contract, if the hotel has a corresponding statement by the third party.

3. Any claims against the hotel shall lapse one year after the commencement of the general statute of limitations dependent upon knowledge of § 199 para. 1 BGB. Damage claims shall, independent of knowledge in five years. The limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation.

III. Services, prices, payment, set-off

1. The hotel is obligated to keep the booked rooms and to provide the agreed services.

2. The guest is obligated to pay the applicable or agreed for the rooms provided and for other services used by him in the hotel prices. This also applies prompted by the guest services and expenses of the hotel to third parties.

3. The agreed prices include the applicable VAT. If the period between contract conclusion and contract exceeds four months and if the price generally charged by the hotel for such services increases, this can increase the contractually agreed price, but more than by 5 percent.

4. The rates may be adjusted by the hotel if the guest wishes to change retrospectively number of reserved rooms, the hotel services or the duration of the guests and the hotel agrees.

5. Hotel invoices not showing a due date are within 7 days from receipt of invoice without deduction. The hotel is entitled to call accrued receivables at any time and to demand immediate payment. In case of default, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8 percent (8 v. Hundred) or, with legal transactions with a consumer, in the amount of 5 percent (5 v. Hundred) above the base rate to demand. Insofar as a contracting party fulfills the requirements of § 38 para. 2 ZPO and has no general jurisdiction in Germany, the courts at the seat of the hotel. German law applies. The application of the CISG and the conflict of laws is excluded. If any provision of these Terms and Conditions for Hotel Accommodation be invalid or void /, this shall not affect the validity of the remaining provisions. The hotel reserves the right to prove greater damage. Otherwise, the statutory provisions apply.

6. The hotel is entitled to require in the contract or thereafter, taking into account the legal provisions for package tours, a reasonable advance payment or security deposit. The amount of the advance payment and payment dates may be agreed in writing in the contract.

7. The guest can only offset or reduce an undisputed or legally binding claim against a claim by the hotel.

IV. Revocation by the Guest (Cancellation, Annulment) / Failure to Use Hotel Services

1. Cancellation by the guest from the contract concluded with the hotel requires the written consent of the hotel. If not this, then the price agreed in the contract must also be paid if the guest does not make the contractual services. This does not apply to infringement of the hotel’s commitment to consideration of rights, legal protection and interests of the guest, if this holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.

2. Insofar as the hotel and the guest a date for a cost-free cancellation of the contract was agreed in writing, the guest can enter until then withdraws from the contract, without incurring payment or damage compensation claims by the hotel. The right of withdrawal score expire if he does not exercise his cancellation right in writing to the hotel by the agreed date, insofar as no case of withdrawal of the guest in accordance with paragraph 1 sentence. 3

3. When not used by the Guest rooms, the hotel must credit the income from renting the rooms and also for saved expenses.

4. The hotel is free to demand the contractually agreed compensation and to make flat-rate deduction for saved expenses. The guest in this case is obliged to pay at least 80 percent of the contractually agreed rate for lodging with breakfast. The guest is free to prove that the claim mentioned above was not created or not created in the amount demanded.

A free cancellation is possible after booking for up to 6 weeks before arrival. Thereafter, the following cancellation policy applies:

42-28 days prior to arrival: 20 percent of the total amount
27-21 days prior to arrival: 40 percent of the total amount
20-14 days prior to arrival: 60 percent of the total amount
14-3 days prior to arrival: 80 percent of the total amount

3 – days prior to arrival: 100 percent of the total amount

For group travel contracts (Number of groups from 8 people) (80 per cent v.) Cancellations up to 60 days of the arrival date will be charged, then 80 percent of the contractually agreed rate for lodging with breakfast.

The Standard reservation is on principle held by the hotel to 18:00 clock time. No show to 18:00 clock time your reservation will be canceled by the hotel. A right to stay no longer exists afterwards. Occurs this non-arrival, they must be considered from the hotel as a chargeable cancellation, the guest and the hotel is entitled to payment of 80 per cent (80 v. 100) of the total amount.

The guest, the hotel can only take place after 18.00 clock time arrival, so must inform directly about the estimated time of arrival and can be input to the information confirmed by the hotel. In this case, the hotel may agree to keep the reservation of a credit card number as a guarantee of arrival depends.

The guaranteed reservation is held by the hotel all night. In case of late cancellation or no-show the hotel can provide the accommodation costs.

V. Repudiation by Hotel

1. Unless a free right of withdrawal of the guest agreed in writing within a specified period, the hotel is entitled for its part during this period, to withdraw from the contract if there are inquiries by other guests after the contract bright rooms booked and be the guest on inquiry in the hotel right of rescission does not waive.

The 2. If an agreed advance payment or in accordance with Clause III no. 6 Advance demanded nor paid after expiry of a reasonable grace period set by the hotel, so is also entitled to rescind the contract.

3. Moreover, the hotel is entitled to withdraw extraordinary justifiable cause from the contract, for example, if

force majeure or other circumstances beyond the hotel is not make the fulfillment of the contract impossible;
Rooms are reserved with misleading or false information regarding material facts, such as are booked in the person of the guest or the purpose;
the hotel has justified cause to believe that the use of hotel services the smooth business operations, the safety or the reputation of the hotel may endanger the public, without this being attributable to the management or organization of the hotel.
A breach of the above clause I no. 2 exists.
4. Upon justified cancellation by the hotel does not claim the guest to compensation.

VI. Room Availability, Delivery and Return

1. The Guest is not entitled to be provided specific rooms.

2. Reserved rooms are available to the guest from 15.00 clock on the agreed day of arrival. The guest has no right to earlier availability.

3. On the agreed day of departure the rooms have to ask the hotel vacated at 12.00 clock at the latest available. Afterwards the hotel due to the delayed vacating of the room for exceeding the contractual utilization to 18.00 clock 50 percent (50 v. Hundred), from 18.00 clock 100 percent (100 v. 100) of the full accommodation rate (list price) into account.
Contractual claims of the guest This shall not constitute. The customer is at liberty to prove that the hotel incurred no or much lesser claim arose on usage fee.

VII. Liability of the hotel

1. The hotel is liable with the diligence of a prudent businessman for its obligations under the Treaty. The Guest’s claims for damages are excluded. This excludes damage from injury to life, limb or health, if the hotel is responsible for the breach of duty,
other damage which is caused from an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of typical contractual obligations of the hotel. A breach of obligation by a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel with knowledge or on immediate complaint of the guest will endeavor to take remedial action. The guest is obliged to do everything reasonable to contribute to remedying the disruption and to keep any possible damage at a minimum.

2. For property brought into the Hotel is liable under the statutory provisions, ie up to one hundred times the room rate, not exceeding 3.500, -EUR. Excepted are cash, securities and valuables. Here the hotel is liable for an amount up to a maximum of 800, -EUR when stored in our safe. The hotel recommends this option to make use of. Liability claims expire unless the guest notifies the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB). For a more extensive liability of the hotel above number 1 sentences 2 to 4 apply accordingly.

3. Wake-up calls are carried out with the utmost care.

4. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and – upon request – for a fee forward such items.
No. 1, sentences 2 to 4 shall apply mutatis mutandis.

VIII. Final Provisions

1. Amendments and supplements to the contract, the acceptance of these Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes or additions by the host are invalid.

2. Place of performance and payment is the seat of the hotel.

3. The exclusive jurisdiction – also for check and exchange disputes – for commercial transactions is the seat of the hotel. Insofar as a contracting party fulfills the requirements of § 38 para. 2 ZPO and has no general jurisdiction in Germany, the courts at the seat of the hotel.

4. German law applies. The application of the CISG and the conflict of laws is excluded.

IX. Salvatoric clause

Should any provision of these General
Its business conditions for Hotel Accommodation be or void, then the validity of the remaining provisions shall not be affected. Moreover, the statutory provisions apply.

Stand December 2012