General terms and conditions of the hotel industry
For the CHP Hotelbetriebsgesellschaft mbH the Rathaushotels Oberwiesenthal and Hotel am Kirchberg.
1. These terms and conditions apply to contracts for the leasing of hotel rooms for accomodation as well as all further services and deliveries of the hotel provided to the customer.
2. The subletting or re-letting of the provided rooms and their use for purposes other than accommodation require prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived, as far as the customer is not a consumer.
3. Terms and conditions of the customer only apply if this has been expressly agreed in writing.
II. Conclusion of contract, contractor, statute of limitations
1. The contract is concluded by the acceptance of the customer's application by the hotel. The hotel is free to confirm the room booking in writing.
2. Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the hotel together with the customer as the joint debtor for all obligations under the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.
3. All claims against the hotel expire in principle one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages become statute-barred in five years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, prices, payment, offsetting
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obligated to pay the applicable or agreed hotel prices for the room rental and the other services used by him. This also applies to services provided by the customer and expenses of the hotel to third parties.
3. The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the latter may raise the contractually agreed price appropriately, but not by more than 5%.
4. Prices may also be changed by the hotel if the customer subsequently requests changes to the number of booked rooms, the hotel's service or the length of stay of the guests and the hotel agrees.
5. Invoices of the hotel without a due date are payable within 10 days from receipt of the invoice without deduction. The hotel is entitled to make any accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
6. The hotel is entitled to request a reasonable pre-payment for package travel. The amount of the advance payment may be agreed separately in writing and offset against the total price. The deposit will not be refunded if canceled. The booking can be canceled free of charge no later than 28 days before the arrival date.
7. The customer can only set off or reduce the claim against a claim of the hotel with an undisputed or legally enforceable claim.
8. The hotel reserves the right to pre-authorize credit cards prior to arrival.
1) Resignation of the customer, cancellations and non-use of the services of the hotel for individual travelers
1. A withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not the case, the agreed price from the contract is payable even if the customer does not use contractual services. This does not apply to breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the latter can no longer be expected to hold on to the contract, or if he has any other legal or contractual right of withdrawal.
2. Outside the period specified in point IV, paragraph 2, a withdrawal by unilateral declaration of the contracting party is only possible after payment of the following cancellation fees. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the contract in writing to the hotel by the agreed date.
3. Regular and special cancellation conditions for bookings without a voucher. Separate cancellation policy when booking with vouchers under point 3.3.
3.1 Regular Cancellation Policy: No later than 21 days before the arrival date, the booking can be canceled free of charge. A cancellation always requires the written form. If canceled later or in case of no-show, 90% will be charged.
- until 14 days before arrival 30% of the total price
- up to 7 days before arrival 50% of the total price
- up to 3 days before arrival 70% of the total price
3.1.1 Rebooking subject to availability. A rebooking fee will not be charged, however, additional costs may be incurred by a change of season or additional features.
3.2 Special cancellation conditions valid from last Sunday before Christmas until the first Sunday after New Year's Eve and during the legal / school winter holidays all federal states including the previous and subsequent weekends: The booking can be canceled free of charge up to 28 days before the arrival date. A cancellation always requires the written form. If canceled later or in case of no-show, 90% will be charged. A rebooking fee will not be charged, however, additional costs may be incurred by a season change.
- until 21 days before arrival 30% of the total price
- up to 14 days before arrival 50% of the total price
- 7 days before arrival 70% of the total price
3.2.1 Rebooking subject to availability. A rebooking fee will not be charged, however, additional costs may be incurred by a change of season or additional features.
3.3 Separate booking, cancellation and change of booking conditions as well as the possibility to return vouchers.
3.3.1 Vouchers can be redeemed on availability. A claim to a specific date request does not exist. The redemption depends on the voucher quota in the hotel. A request must always be made in writing. A telephone appointment and reservation is not possible or not binding. The booking becomes binding with a written confirmation from the hotel. Depending on the voucher, a season surcharge can be charged if, for example, the voucher quota for the desired date is already exhausted or it was already known when purchasing the voucher. On certain dates, the hotel reserves the right to charge the voucher quota at 0. A proof & a