General terms and conditions
Terms & conditions
(As of August 2018)
1.1 These general terms and conditions apply to contracts regarding the rental of hotel rooms for accommodation purposes as well as all further services and deliveries of the hotel (hotel accommodation contract) provided to the customer. The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the provided rooms as well as the use for purposes other than accommodation requires the prior consent of the hotel in text form, whereby §540 paragraph 1 sentence 2 BGB is waived, as far as the customer is not a consumer.
1.3 General terms and conditions of the customer only apply if they have been explicitly agreed to in advance.
2 Conclusion of contract, contract partners, statute of limitations
2.1 Contracting parties are the hotel and the customer. The contract is concluded by the acceptance of the customer's request by the hotel. The hotel is free to confirm the room reservation in text form.
2.2 Accommodation of minors in the Hotel Am Bühl is only possible if they are accompanied by at least one parent or another authorized person.
2.3 The customer may be replaced by a third party to carry out the journey, provided that it meets the contractual travel requirements and that its participation is not precluded by statutory provisions or official orders. When entering the contract, the third person is liable in addition to the customer as the joint debtor for the travel price and the reasonable additional costs incurred by the entrance of the third party, which actually incurred the Hotel Am Bühl GmbH.
2.4 All claims against the hotel expire in principle one year from the beginning of the statutory limitation period. Compensation claims become statute-barred in five years, irrespective of knowledge, unless they are based on an injury to life, limb, health or freedom. These claims for damages become statute-barred in ten years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel or in the case of package tours.
3 Services, prices, payment, offsetting
3.1 The hotel is obliged to keep the rooms reserved by the customer available and to furnish the services agreed. The services are provided in German, unless agreed otherwise.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the room rental and the other services used by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and provided by the hotel.
3.3 The agreed prices include the taxes and local duties applicable at the time the contract was concluded. Not included are local taxes, which are owed by the guest according to the local law, such as visitor's tax. If the statutory sales tax is increased or a new introduction, modification or abolishment of local taxes on the subject of performance after the conclusion of the contract, the prices are adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months. If the period between the conclusion of the contract and the provision of services exceeds four months and the price generally charged by the hotel for such services increases, the contractually agreed price may be increased appropriately, but not by more than 5%. If services of third parties are claimed by the hotel, an increase of the services of these third parties can be charged in full to the customer.
3.4 The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the length of stay of the customer depending on the price of the rooms and / or the hotel's other services being increased.
3.5 Invoices of the hotel without a due date are payable within ten days of receipt of the invoice without deduction. The hotel may demand the immediate payment of due claims from the customer at any time. In case of default of the customer the legal regulations apply. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. For prepayments or security for package tours, the statutory provisions remain unaffected. In case of default of the customer the legal regulations apply.
3.7 In justified cases, for example, payment arrears of the customer or extension of the scope of contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, an advance payment or security deposit within the meaning of paragraph 3.6 above or an increase in the contract agreed advance payment or security deposit up to full to demand agreed remuneration.
3.8 The hotel shall also be entitled to demand from the customer at the beginning and during the stay a reasonable advance payment or security in the sense of the above clause 3.6 for existing and future claims under the contract, if not already in accordance with the above clause 3.6 and / or clause 3.7 was done.
3.9 The customer can only offset or charge against a claim of the hotel with an undisputed or legally enforceable claim.
4 Withdrawal of the customer (cancellation) / non-use of the services of the hotel (No Show)
4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible 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 the possible agreement to a contract cancellation should be made in text form.
4.2 Insofar as an appointment for a free withdrawal from the contract has been agreed between the hotel and the customer, the customer may by then withdraw from the contract without triggering payment or damage claims of the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the contract by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel reserves the right to the agreed remuneration despite non-use of the service. The hotel has to take into account the income from other rental of the rooms as well as the saved expenses. If the rooms are not otherwise rented, the hotel may charge the deduction for expenses saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim was not incurred or not in the required amount.
5 Withdrawal by the Hotel from the contract
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract in this period if there are inquiries from other customers about the rooms booked in the contract and if the customer makes reasonable use of the hotel Setting a deadline on his right to resign is not waived.
5.2 If an advance payment or security deposit agreed or demanded pursuant to clause 3.6 and / or clause 3.7 is not made even after expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, in particular if:
- Force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
- Rooms or rooms are culpably booked under misleading or false information or concealment of material facts; In doing so, the identity of the customer, the solvency or the purpose of the stay can be of crucial importance;
- the hotel has reasonable cause to believe that the use of the service may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the domain or organization of the hotel;
- the purpose or occasion of the stay is unlawful;
- there is a violation of 1.2 above.
5.4 The justified resignation of the hotel does not constitute a claim of the customer for damages.
6 Room preparation, handover and return
6.1 The customer doesn’t have the right to reserve a specific room, unless this has been expressly agreed.
6.2 Reserved rooms are available to the customer from 3:00 pm on the agreed day of arrival. The customer has no right to demand an earlier availability.
6.3 On the agreed day of departure, the hotel rooms must be vacated no later than 11:00 am. Thereafter, the hotel may charge 50% of the full room rate (list price) until 6:00 pm for the delayed eviction of the room and 90% from 6:00 pm onwards. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a much lower entitlement to the fees incurred.
7 Liability of the hotel
7.1 The hotel is liable for any damage caused by 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 contractual obligations of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. Further claims for damages are excluded. In the event of any disruption or defect in the services provided by the hotel, the hotel will make every effort to remedy the situation, if the customer knows or is promptly notified. The customer is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize possible damage.
7.2 The property is liable to the customer in accordance with the statutory provisions for items brought in. The hotel recommends the use of the in-room safe. There is no insurance cover for money, securities and valuables over € 800 or other items with a value of more than € 3,500.
7.3 Insofar as the customer is provided with a parking space in the hotel car park, also for a fee, no custody agreement is concluded. In the event of loss or damage to motor vehicles parked or shunted on the hotel property and their contents, the hotel is only liable in accordance with the preceding item 7.1.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and merchandise for guests are treated with care. The hotel will take over the delivery, storage and - if desired - for a fee the forwarding of the same. The hotel is liable only in accordance with the preceding section 7.1.
7.5 The Hotel Am Bühl GmbH mediates as an agency in the name and for the account of the bath gardens Eibenstock services from the offer of the bath gardens Eibenstock GmbH. For these services the terms and conditions and the bathing regulations of the bath gardens Eibenstock GmbH apply, as binding in the hotel or in the bath gardens Eibenstock.
8 Liability committee
8.1 The content of linked pages is the sole responsibility of the operators.
8.2 In principle, no liability is assumed for material or immaterial damages caused by the information provided, unless the Hotel Am Bühl GmbH has demonstrably acted deliberately or through gross negligence.
8.3 All online offers are not binding. Hotel Am Bühl GmbH reserves the right to change, amend, delete or remove offers without notice.
8.4 The hotel provides third-party services on behalf of the guest. These services are provided in the name and for the account of the external service provider. The general terms and conditions of the external service provider apply to these services. The hotel is not liable for the services of other partners.
Bringing along a pet requires the consent of Hotel Am Bühl GmbH. Only dogs are allowed. The customer is obliged to announce the desire to bring a dog in advance. If the Hotel Am Bühl allows you to bring your dog, this is under the condition that the dog is under constant supervision of the customer and is free from illness and doesn’t cause any danger to the hotel guests and the hotel staff. The dog is allowed in the restaurant as well as in other public areas of the Hotel Am Bühl only after consultation of the hotel. Outside of the hotel room the dog has to be kept on a lead at any time.
10 Passport, visa and health regulations
10.1. Entry from EU countries
EU citizens may enter Germany without a visa.
10.2 Entry from countries outside the EU
Nationals from all countries outside of the EU generally require a visa to enter Germany. For some states, the EU has lifted the visa requirement.
The general fee for a visa is usually 60 euros per person.
The foreign representatives need on average between two and ten working days to decide on a visa application for a short stay of up to three months. This can sometimes take longer during the holiday season.
10.3 The customer is responsible for procuring and carrying the officially required travel documents, any necessary vaccinations and compliance
with customs and foreign exchange regulations. Disadvantages resulting from non-compliance with these regulations such as the payment of cancellation fees are the responsibility of the customer. This does not apply if the Hotel Am Bühl GmbH has not informed, inadequately or incorrectly informed to guest.
11 Gift vouchers
Hotel Am Bühl offers gift vouchers in the online shop. Separate terms and conditions apply.
12 People with reduced mobility
The hotel and the bathing complex of the Badegärten Eibenstock are suitable for people with reduced mobility. Restrictions apply in the sauna complex and the use of the direct connection passage to the Badegärten Eibenstock. Please contact us for more information.
13 Data protection / Copyright
13.1 The input of personal or business data on our homepage takes place on a voluntary basis. Incidentally, a reference is made to our data protection information.
13.2 All image and video material is protected by copyright. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective creator.
As far as the image and video material was not created by the Hotel Am Bühl GmbH, the copyrights of third parties are respected. In particular contents of third parties are marked as such. If you should still be aware of a copyright infringement, we kindly ask for an indication. Upon notification of violations, we will remove such content immediately.
14 Final provisions
14.1 Amendments or supplements to the contract, the hotel accommodation contract or these general terms and conditions must be made in writing. Unilateral amendments or supplements by the customer are invalid.
14.2 Place of performance and payment as well as exclusive place of jurisdiction – also for disputes involving cheques and bills of exchange - is Aue. If a contracting party fulfils the conditions set out in § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is Aue.
14.3 German law applies. The application of the UN sales law and conflict of laws is excluded.
14.4 Should certain provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
All previous general terms and conditions hereby lose their validity.
Free translation - legally binding is the German language version