Status: 10.10.2019
1. Scope of application
1.1 These terms and conditions apply to contracts for the rental of rooms for accommodation, as well as all other services provided to the guest by “Pension Bottwartal”. They may be replaced by conditions negotiated in individual cases. These General Terms and Conditions are available to every guest in the rooms or on the “Pension Bottwartal” website.
1.2. The subletting or re-letting of the provided rooms, as well as their use for purposes other than accommodation, requires the prior written consent of “Pension Bottwartal”.
1.3. The guest’s terms and conditions shall only apply if this has been agreed in advance.
2. Conclusion of Contract
2.1. The accommodation contract is deemed to have been concluded when the guest has reserved the room by telephone, e-mail, internet or fax and we have confirmed this. The confirmation by “Pension Bottwartal” can also be made by telephone, e-mail, fax or, if desired, by post. An accommodation contract is also concluded by conclusive behavior, especially if a room has been ordered and made available and an explicit confirmation is not possible due to time constraints.
2.2. The contractual partners are “Pension Bottwartal”, represented by Dayana Wassiri, and the guest. If a customer acts on behalf of or for guests registered by him, he shall be responsible for the resulting liabilities and all obligations arising from the guesthouse accommodation contract.
3. services, prices and payments
3.1. The “Pension Bottwartal” is obliged to keep the rooms booked by the guest or customer available and to provide the agreed services. Reservations of parking spaces for bicycles and motorcycles in the courtyard are only available to the guest with the prior consent of “Pension Bottwartal” and only for a limited period of time as agreed.
3.2 The entire reservation invoice amount must be paid 14 days prior to arrival. Checks, credit or EC cards cannot be accepted. In the event of an earlier departure (for whatever reason), the full amount remains due.
3.3. Invoicing is only possible for permanent and regular guests. Invoices from “Pension Bottwartal” without a due date are payable without deduction within one week of the invoice date. In the event of late payment, “Pension Bottwartal” is entitled to charge interest at a rate of 5% above the respective key interest rate (main refinancing rate) of the European Central Bank.
3.2 The entire reservation invoice amount must be paid 14 days prior to arrival. Checks, credit or EC cards cannot be accepted. In the event of an earlier departure (for whatever reason), the full amount remains due.
3.3. Invoicing is only possible for permanent and regular guests. Invoices from “Pension Bottwartal” without a due date are payable without deduction within one week of the invoice date. In the event of late payment, “Pension Bottwartal” is entitled to charge interest at a rate of 5% above the respective key interest rate (main refinancing rate) of the European Central Bank.
3.4. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfillment of the contract exceeds 4 months and if the price generally charged by “Pension Bottwartal” for such services increases, it may increase the contractually agreed price appropriately, but by no more than 10%.
3.5. The prices may also be changed by “Pension Bottwartal” if the customer subsequently requests changes to the number of rooms booked, the service provided by “Pension Bottwartal” or the length of stay of the guests and “Pension Bottwartal” agrees to this.
3.6. The “Pension Bottwartal” is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates shall be agreed in writing.
4. withdrawal by the customer (cancelation)
4.1. Withdrawal by the guest from the contract concluded with “Pension Bottwartal” requires the written consent of “Pension Bottwartal”. If this is not given, the agreed price from the contract must be paid even if the guest does not make use of contractual services. This shall not apply in the event of a delay in performance on the part of “Pension Bottwartal” or an impossibility of performance for which it is responsible.
4.2. If a date for withdrawal from the contract has been agreed in writing between “Pension Bottwartal” and the guest, the guest may withdraw from the contract up to that date without triggering payment or compensation claims by “Pension Bottwartal”. The guest’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the “Pension Bottwartal” by the agreed date, unless there is a case of delay in performance on the part of the “Pension Bottwartal” or an impossibility of performance for which it is responsible.
4.3. If rooms are not used by the guest, “Pension Bottwartal” shall offset the income from renting the rooms to other parties as well as the expenses saved.
4.4. The guest is free to prove that no damage has occurred or that the damage incurred by “Pension Bottwartal” is lower than the lump sum demanded.
4.5. Cancellation fees:
14 and 8 days before the day of arrival: 20%.
7th and 3rd days before the day of arrival: 50%
within 48 hours before the reserved booking: 80%
100% of the total invoice amount in the event of no-show.
5. Resignation of the “Pension Bottwartal”
5.1. If the guest’s right to withdraw from the contract within a certain period has been agreed in writing, “Pension Bottwartal” is entitled to withdraw from the contract during this period if there are inquiries from other guests for the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon enquiry by “Pension Bottwartal”.
5.2. If an agreed advance payment is not made even after a reasonable grace period set by “Pension Bottwartal” with a threat of refusal has expired, “Pension Bottwartal” shall also be entitled to withdraw from the contract.
5.3. Furthermore, “Pension Bottwartal” is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances for which “Pension Bottwartal” is not responsible make it impossible to fulfill the contract; rooms are booked under misleading or false statements of material facts, e.g. the person of the guest or the purpose; the “Pension Bottwartal” has justified cause to believe that the use of the room service may jeopardize the smooth running of the business, the security or the reputation of the “Pension Bottwartal” in public, without this being attributable to the sphere of control or organization of the “Pension Bottwartal”; there is a breach of the above-mentioned scope of application paragraph 2.
5.4. The “Pension Bottwartal” must inform the customer of the exercise of the right of withdrawal without delay.
5.5. The guesthouse may withdraw from the reservation confirmation received by the customer at any time. In the event of withdrawal by “Pension Bottwartal”, the customer shall not be entitled to compensation.
5.6. We reserve an extraordinary right of withdrawal in the event of complaints from other guests.
5.7. Smoking is strictly prohibited throughout the hotel. We reserve the right to terminate the contract immediately if the ban is broken.
Smoking ban:
Smoking is not permitted in the rooms and other areas. Smokers may smoke in the courtyard. In the event of non-compliance, we reserve the right to charge the full cleaning costs.
In the event of gross contamination or damage to property, we reserve the right to terminate the contract immediately and claim damages.
Smoking ban:
Smoking is not permitted in the rooms and other areas. Smokers may smoke in the courtyard. In the event of non-compliance, we reserve the right to charge the full cleaning costs.
In the event of gross contamination or damage to property, we reserve the right to terminate the contract immediately and claim damages.
6. Room provision, handover and return
6.1. Unless otherwise agreed, the guest is not entitled to the provision of specific rooms.
6.2. Check in: Rooms can be occupied between 3 and 6 pm. Other arrival times must be arranged with the “Pension Bottwartal”. If you arrive earlier, your luggage can usually be stored. If the room is already ready for occupancy, it can be occupied earlier. The “Pension Bottwartal” is entitled, in order to minimize damage, to release the room for further reservations from 8 p.m. and in the following days. Arrival and departure days count as one day for the reservation, i.e. the number of overnight stays counts.
6.3. Check out: On the agreed day of departure, the rooms must be vacated and made available to the guesthouse by 11.00 a.m. at the latest. Luggage may be stored free of charge. Thereafter, “Pension Bottwartal” may charge 50% of the full accommodation price (list price) for the additional use of the room until 2 p.m., and 100% from 2 p.m. onwards. The guest is at liberty to prove to “Pension Bottwartal” that it has incurred no or significantly less damage.
7. Liabilities
7.1. The guest or contractual partner is liable to “Pension Bottwartal” for any damage caused by him or his guests.
7.2. The “Pension Bottwartal” is not liable to the guest or the contractual partner if the provision of services becomes impossible due to force majeure. In such cases, “Pension Bottwartal” shall endeavor to procure equivalent services elsewhere.
7.3. It is the guest’s responsibility to insure any items they bring with them against theft, damage or destruction. The “Pension Bottwartal” accepts no liability for the loss, theft, damage or destruction of such items.
7.4. Should disruptions or defects occur in the services of “Pension Bottwartal”, “Pension Bottwartal” will endeavor to remedy the situation as soon as it becomes aware of them or upon immediate complaint by the customer. For his part, the guest is obliged to do what can reasonably be expected of him to remedy the fault and minimize any possible damage. Liability claims shall lapse if the customer does not notify “Pension Bottwartal” immediately after becoming aware of the loss, destruction or damage.
7.5. If the guest makes use of the parking facilities on the property at Mühlstr. 25, this does not constitute a safekeeping agreement. The “Pension Bottwartal” is not liable for loss of or damage to bicycles or motorcycles parked or maneuvered on the property and their contents, except in cases of intent or gross negligence.
7.6. Wake-up calls, messages, mail and deliveries of goods for guests are not part of the services provided by “Pension Bottwartal”. Should these services be provided by agreement in exceptional cases, they must be carried out with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
8. Final provisions
8.1. The place of performance and payment as well as the place of jurisdiction is the registered office of “Pension Bottwartal”: Beilstein.
8.2. Should individual provisions of these General Terms and Conditions for the accommodation contract and accommodation in the “Pension Bottwartal” 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.