General Terms and Conditions for the Hotel Accommodation Contract
1 SCOPE OF APPLICATION 

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by Jagdhaus Eiden GmbH - Romantik Hotel Jagdhaus Eiden am See - for the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract. Jagdhaus Eiden GmbH - Romantik Hotel Jagdhaus Eiden am See - is hereinafter referred to as the "Hotel".

1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

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

1.4 The GTCs valid at the time of conclusion of the contract shall apply. These or the most current form
of the General Terms and Conditions can be found at www.jagdhaus-eiden.de.

2 CONCLUSION OF CONTRACT, CONTRACT PARTNERS, LIMITATION PERIOD

2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is free to confirm the room booking in text form.

2.2 All claims against the hotel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

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

3.2 The customer is obliged to pay the hotel's agreed or applicable prices for the provision of the room and the other services used by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel. The payment obligation exists irrespective of the actual use of the room.

3.3 The agreed prices include the taxes and local charges applicable at the time of performance. 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 an increase in the statutory value added tax, the introduction of new taxes or an increase in local taxes 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 the conclusion and fulfillment of the contract exceeds four months. If the consumer price index increases by more than 5% between the time of the booking confirmation and the time of the hotel stay, the hotel is entitled to increase the prices. The customer must be informed of this in writing. After receipt of the letter, the customer has a 14-day right of withdrawal. If this right is not exercised in writing, the price adjustment shall be deemed to have been approved.

3.4 The hotel may refuse its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the length of the customer's stay requested by the customer. Should the customer nevertheless reduce the length of stay, the hotel's services or the number of rooms booked after the cancellation period has expired, the hotel is entitled to apply the provisions of 4.3.

3.5 Hotel invoices without a due date are payable in full within 14 days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. The statutory provisions shall apply if the customer is in default of payment. The hotel reserves the right to prove higher damages.

3.6 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. This usually occurs in the case of first arrivals. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. If the customer is in default of payment, the statutory provisions shall apply.

3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 3.6 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause 3.6 and/or clause 3.7.

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

4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-UTILIZATION OF THE HOTEL'S SERVICES (NO SHOW)

4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a termination of the contract shall be made in text form.

4.2 If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, 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 of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, if there is no statutory right of withdrawal or termination and if the hotel does not agree to cancel the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight accommodation less breakfast, and for arrangements 80% of the price reduced by additional services such as half board, wellness treatments and breakfast. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.

4.4 The following cancellation conditions apply. The hotel grants a free cancellation of reservations of more than 15 rooms up to 6 weeks before arrival, for 6-14 rooms up to 4 weeks before arrival; 3-5 rooms up to two weeks before arrival; for 1-2 rooms up to one week before arrival, for apartments the hotel grants a free cancellation of 1 week before arrival. In deviation from sentence 1, the hotel grants a free cancellation of reservations over the period 24.12. to 04.01. up to four weeks before arrival. In turn, the cancellation periods in sentence 2 do not apply if the cancellation periods specified in sentence 1 provide for a longer cancellation period than those specified in sentence 2. In this case, the cancellation periods according to sentence 1 remain valid.


5 WITHDRAWAL BY THE HOTEL

5.1 Insofar as it was agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable grace period.

5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also 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; the identity of the customer, the ability to pay or the purpose of the stay may be material; - the hotel has reasonable grounds 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 breach of the above-mentioned Clause 1.2.

5.4 The justified withdrawal of the hotel does not entitle the customer to claim damages.

6 ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed. All ancillary agreements, such as room number, location, furnishings, etc. are always recorded in writing. In principle, unless otherwise agreed in writing, the customer will receive an economy or superior double room when booking an offer.

6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the delayed vacating of the room 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 incurred no or significantly lower damages.

7 SPECIAL PROVISIONS FOR THE SPA

7.1 Health impairments such as heart disease, high blood pressure, metabolic disorders, allergies etc. must be notified to the EidenSpa at the time of booking so that a therapist can be assigned who has the appropriate training and can carry out a treatment tailored to you and your illness. If you have open wounds, have recently undergone surgery or have a serious health condition, we are unfortunately unable to offer you treatment. In the event that we were not aware of any health impairments in advance, we reserve the right to cancel the treatment and still charge for it.

7.2 In the event of pregnancy, we only offer cosmetic treatments or our pregnancy massage. A massage during pregnancy can trigger contractions. We accept no liability for this. If in doubt, please consult your doctor in advance.

7.3 Guests must ensure that they are able to sit on the table without assistance from the practitioner.

7.4 We assume a certain level of personal hygiene before the treatment, we ask you to shower before the treatment. Otherwise, we reserve the right to order a shower and to deduct the shower time from the treatment time.

7.5 The EidenSpa is not suitable for people with limited mobility. We also recommend that all other guests wear bathing shoes.

7.6 Use of the Eiden Spa and the fitness area is at your own risk. We accept no liability for any damage caused.

7.7. For massage treatments, guests must be at least 18 years old, and for cosmetic treatments, at least 16 years old.

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 that 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. 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 make reasonable efforts 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 guest 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 If 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 section 8.1, sentences 1 to 4.

8.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The hotel shall only be liable in accordance with the above Section 8.1, sentences 1 to 4.

9 FINAL PROVISIONS

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

9.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction - also for check and bill of exchange disputes - is Bad Zwischenahn in commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Bad Zwischenahn.

9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

9.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

9.5 In the event of disputes with the hotel, the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, would be responsible. https://www.verbraucher-schlichter.de. However, the company does not participate in dispute resolution proceedings before consumer arbitration boards.

9.6 We also refer to the European Commission's online consumer arbitration platform for online dispute resolution: http://ec.europa.eu/consumers/odr/. However, we do not participate in dispute resolution proceedings.

9.7 From the time at which our new spa and room price lists are available, the previous versions lose their validity. Printing errors and changes are reserved.