Terms and conditions for the hotel accommodation agreement
Hotel La Toscana – Terms and conditions
Last updated: 1 December 2021
Scope, language of contract1.1. These Terms and Conditions (TCs) apply to all contracts concluded between the guest and Hotel Frassica GmbH, Hotel La Toscana branch, Mahlberger Str. 6, 77975 Ringsheim – hereinafter referred to as the “Hotel” – for the rental of hotel rooms for the purposes of accommodation – hereinafter referred to as the “Hotel Accommodation Agreement” – which are concluded among those present, via the Hotel’s Internet pages, by telephone, in writing, by fax or by email, as well as for the related further services and deliveries of the Hotel.
1.2. Pre-formulated conditions on the part of the guest that deviate from these GTCs do not form part of the contract even if they are known, unless the hotel expressly agrees to their validity in writing.
1.3. Consumer is any natural person who concludes a legal transaction for purposes that are predominantly attributable neither to their commercial nor to their self-employed professional activity. Businessperson is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity.
1.4. The contract language is German.
Conclusion of contract, storage of contract text
2.1. The contractual partners are the hotel and the guest. In cases where both parties are present for the conclusion of the contract and the telephone booking, the contract is concluded when the hotel accepts the request of the guest. In the case of telephone booking, the hotel will send the guest a booking confirmation by e-mail.
2.2. Alternatively, the guest can use the online booking form available on the website. The selection of services presented on the hotel's websites does not constitute a binding contract offer by the hotel, but an invitation to the guest to submit an offer. By completing and submitting the online booking form, no hotel accommodation contract is yet concluded between the guest and the hotel. The guest makes a binding offer to conclude a hotel accommodation contract by clicking the “Yes, book with payment” button in the last booking step after completing the online booking form. The guest can correct or delete their entries or cancel the booking during the booking process until the form is submitted by means of the “back” function of the browser.
The hotel accommodation contract is concluded if a booking confirmation is e-mailed to the guest immediately or no later than two working days after sending the booking request.
2.3. It is also possible to request the hotel’s services by letter, e-mail, fax or using the electronic request form on the website without obligation. In this case, the hotel submits a binding offer in written form (e.g. by e-mail), which can be accepted within 5 days – subject to a different deadline in the hotel's offer. The hotel confirms the conclusion of the contract to the guest by sending a booking confirmation by e-mail.
2.4. These terms and conditions can be viewed on the hotel's website in the current version. The booking confirmation contains the contract text including the terms and conditions. The contract text is stored by the hotel for a limited period of time and cannot be accessed via the Internet after booking for security reasons. This shall not affect sentence 2 of these terms and conditions. The hotel asks the guest to arrange for the storage or printing of the contract text for their own use.
2.5. The hotel informs the guest that the information required to conclude the hotel accommodation contract (such as the booking confirmation) is transmitted in part automatically by email and the guest may ensure that the receipt of emails is technically possible and in particular is not blocked by spam filters.
Services
3.1. The hotel is obliged to keep the rooms that the guest has booked available for them and to provide the agreed services. The services that are contractually agreed is determined by the information in the booking confirmation.
3.2. The guest is obliged to pay the agreed or applicable prices of the hotel for the provision of rooms and for other services used. This also applies to services commissioned by the guest directly or through the hotel, which are provided by third parties and paid out by the hotel.
3.3. If the guest has the option of specifying special requests during the booking process, these – subject to a different agreement with the hotel – always have a non-binding character.
Prices, payment terms
4.1. The prices quoted are total prices, meaning they include legally required sales tax and other price components (e.g. including cultural promotion tax, "bed tax"). Public taxes such as tourist taxes are not included in the prices. Guests and their travel companions are required to settle these at the hotel as an extra payment in accordance with local rates.
4.2. In the event of a change in the statutory value-added tax or the new introduction, amendment or elimination of local taxes on the service item after conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months.
4.3. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel may demand immediate payment of due claims from the guest at any time. If a guest is in arrears with the payment of an invoice, the hotel is entitled to claim default interest at the rate of five percentage points above the applicable base rate. By way of derogation from sentence 3, for legal transactions in which a consumer is not a party, an interest rate of nine percentage points above the applicable base rate shall apply. The hotel may also demand the payment of a lump sum of 40,00 euros in the cases described in sentence 4. The lump sum is to be offset against damages owed, insofar as the damage is justified in the costs of legal proceedings.
4.4. The hotel is entitled to demand a reasonable advance payment of up to 25% of the agreed remuneration or security in the form of a credit card guarantee from the guest upon conclusion of the contract. The specific amount of the advance payment and the payment dates are agreed between hotel and guest in the contract at least in text form (e.g. email). The statutory provisions for package holidays remain unaffected by the provisions in sentences 1 and 2.
4.5. The hotel is entitled, even after conclusion of the contract, to make an advance payment or security deposit within the meaning of section 4.4.or to demand an increase in the advance payment or security agreed in the contract up to the full agreed remuneration if a guest is in arrears or the scope of the contract has been extended.
4:6 The hotel is entitled to pre-authorise the credit card. A maximum amount of €10.00 will be charged to the credit card, which must be credited back immediately.
4.7. Packages, special offers, discounts or other discounts cannot be combined. Personal company prices are not transferable to third parties.
Withdrawal of guest (cancellation) or no-show
5.1. If the guest cancels the hotel accommodation contract or does not appear on the day of arrival, the hotel is entitled to allocate the unused room, booked services or tickets elsewhere.
5.2. If a date for withdrawal from the contract at no charge has been agreed in writing between the hotel and the guest, the guest can withdraw from the contract up to that point without triggering payment or damage claims by the hotel. The guest's right to cancel without charge expires if they do not exercise their right of withdrawal in writing to the hotel by the agreed date. From this point on, the guest is only entitled to withdraw in accordance with the statutory provisions.
5.3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination, and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite the guest not using the service. For unused rooms that the hotel is able to rent elsewhere, the hotel credits the guest with the income from this rental as well as the expenses saved.
5.4. If the room is not rented elsewhere, the hotel has the option of claiming a flat-rate cancellation from the guest instead of a specifically calculated compensation. This is calculated from the contractually agreed remuneration less flat-rate expenses. In this case, the guest is obliged to pay the following flat rates:
- Frassica Hotel Gmbh may decide to agree to a one-time change of booking in the event of cancellation on a goodwill basis. However, it is not obliged to do so.
- For cancellation on the day of the booked arrival date: 100% of the contractually agreed price,
- For cancellation one day before the booked arrival date: 70% of the agreed price
- For cancellation up to 7 days before the booked arrival date: 30% of the agreed price.
5.5. The guest is at liberty to prove that the procedure described in section 5.3. and section 5.4. did not arise or did not arise in the amount asserted.
5.6. We recommend taking out travel cancellation insurance.
Termination of contract by the hotel
6.1. The hotel is entitled to withdraw from the contract if one of the following applies in accordance with sections 4.3. to 4.5: the agreed and due service of the guest is not provided after a reasonable grace period and threat of cancellation has lapsed.
6.2. Furthermore, the hotel is entitled to extraordinary release from the contract for a significant reason, in particular if there is a violation of 7.2. of these GTCs or the purpose or reason of the stay is unlawful or rooms are booked intentionally under misleading or false indication of material facts in the person of the guest and the hotel has suffered material damage as a result of this behaviour.
Room provision and use
7.1. The rooms provided are for accommodation purposes only.
7.2. The subletting or reletting of the rooms provided as well as their use for other than accommodation purposes require the prior consent (permission) of the hotel at least in written form, whereby § 540 paragraph 1 sentence 2 BGB (German Civil Code) is waived insofar as the guest is not a consumer.
7.3. The guest is not entitled to the use of certain rooms unless expressly agreed otherwise between the contracting parties.
7.4. Booked rooms are available to the guest from 3.30 pm, unless otherwise agreed. The guest is not entitled to earlier provision.
7.5. On the agreed departure day, the rooms must be vacated by 11.00 am, unless otherwise agreed. Thereafter, due to late vacating of the room, the hotel is entitled to charge 50% of the current accommodation rate for use of the room in excess of the contract until 6.00 pm, and 90% from 6.00 pm. This shall not give rise to any contractual claims by the guest.
7.6. The guest is at liberty to prove that the procedure described in section 7.5. did not arise or did not arise in the amount asserted.
Liability
8.1. The liability of the hotel is governed by the applicable laws. Sections 701 et seq. of the German Civil Code apply to items brought in by the guest. The hotel recommends the use of the hotel or room safe, if available.
8.2. Within the scope of their statutory duty to reduce damage, the guest is obliged to do what can be reasonably expected in order to remedy disruptions and keep potential damage to a minimum, as well as to notify the hotel immediately of any disruption or damage.
8.3 All guests are prohibited from smoking on the hotel premises. In case of violations, the hotel reserves the right to charge the guest for the renovation costs.
Data privacy
9.1. The collection, storage and processing of guests’ personal data may occur for the purpose of processing the contract. Personal data will only be used for the intended execution of the contract. The guest agrees to the use of their personal data for the aforementioned purposes.
9.2. Otherwise, the separate data privacy policy applies, which can be accessed via the hotel's website.
Final provisions and place of jurisdiction
10.1. All legal relations between the guest and the hotel are subject exclusively to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The first sentence applies to consumers only insofar as the choice of law does not undermine the protection of mandatory legislation of the country in which the consumer has their habitual residence.
10.2. Place of performance and payment as well as exclusive jurisdiction – also for cheque and bill of exchange disputes – is Ringsheim in commercial transactions. If a guest meets the requirement of § 38 (2) of the Code of Civil Procedure and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be Ringsheim.
10.3. Should individual provisions be invalid or unenforceable in whole or in part, or should they subsequently lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by the statutory provisions.
Additional note:
Mandatory information under Regulation (EU) No 524/2013 of the European Parliament and of the Council:
Link to the website of the European Commission's Consumer Dispute Resolution Unit: http://ec.europa.eu/consumers/odr/
If you have any initial questions about a possible dispute resolution, please contact us at info@hotel-latoscana.de .