AGB
General Terms and Conditions
I. Scope
1. These terms and conditions apply to contracts for the rental of double rooms, suites and holiday apartments for accommodation.
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
3. The customer's terms and conditions only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of contract, partners; statute of limitations
1. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing. The invoice is sent together with the booking confirmation.
2. The contractual partners are the hotel and the customer. (Billing address)
3. All claims against the hotel generally become time-barred one year from the beginning of the knowledge-dependent regular limitation period of Section 199, Paragraph 1 of the German Civil Code. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the pension.
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 prices to the hotel for rooms provided and for other services used. This also applies to services and expenses of the hotel arranged by the customer for third parties.
3. The agreed prices include the respective statutory VAT. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 5%.
4. The hotel can also change the prices if the customer subsequently requests changes to the number of booked rooms, the hotel's services or the length of stay of the guests and the hotel agrees to this.
5. The hotel is entitled to make 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, 5% above the base interest rate. The hotel reserves the right to prove higher damage.
6. The hotel is entitled to demand a reasonable advance payment or security upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer can only offset or reduce a claim from the hotel with an undisputed or legally binding claim.
IV. Withdrawal by the customer (ie cancellation) / non-use of the hotel's services / cancellation of the trip
1. A cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the hotel's obligation to take into account the rights, objects of legal protection and interests of the customer if this means that adherence to the contract can no longer be expected or if another statutory or contractual right of withdrawal is due.
2. Withdrawal by the customer from the concluded contract must be in writing. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract up to that point without payment or
to trigger claims for damages by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless the customer withdraws in accordance with number 1 sentence 3.
3. In the case of rooms not used by the customer, the hotel must offset the income from renting the rooms to other parties and the expenses saved.
4. The hotel is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for accommodation with or without breakfast.
The customer is free to prove that the above claim did not arise or did not arise in the required amount.
5. Cancellation free of charge is possible up to two weeks before the start of the journey. From 14 days before departure, 80% of the contractually agreed price must be paid.
6. If the guest interrupts the trip prematurely, the hotel cannot reimburse the travel price.
V. Cancellation by the hotel
1. If the customer's right to withdraw free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer, upon inquiry by the hotel, waives his right to resignation not waived.
2. If an advance payment that has been agreed or requested in accordance with Clause III No. 6 above 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.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if
• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• Rooms are booked with misleading or false information about essential facts, eg the customer or the purpose;
• the hotel has justified reason to believe that the use of the services may endanger the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the area of control or organization of the guesthouse;
• there is a violation of Clause I No. 2 above.
4. If the hotel withdraws with justification, the customer is not entitled to compensation.
VI. Room provision, handover and return
1. The customer does not acquire the right to be provided specific rooms.
2. Booked rooms are available to the customer from 3 p.m. on the agreed arrival date. The customer has no right to earlier availability.
3. On the agreed day of departure, the hotel rooms must be vacated by 10:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for the use of the room that exceeds the contract due to the delayed vacating of the room up to 6 p.m. and 100% from 6 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.
VII. Liability of the hotel
1. The hotel is liable with the care of a prudent businessman for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent.
Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and a possible
to minimize damage.
2. The hotel is liable to the customer for items brought in according to the statutory provisions, i.e. up to a hundred times the room rate, up to a maximum of €3,500, and for money, securities and valuables up to €800.
The liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB). The above number 1 sentences 2 to 4 apply accordingly to any further liability of the hotel.
3. If the customer is provided with a parking space in a car park, even for a fee, this does not result in a custody agreement. The hotel is not liable in the event of loss or damage to motor vehicles parked or maneuvered on the castle premises and their contents, except in the case of intent or gross negligence. Number 1 sentences 2 to 4 above apply accordingly.
4. Parents are responsible for supervising children, especially around the pond!
VIII. Dispute Resolution
1. These terms and conditions apply to contracts for the rental of double rooms, suites and holiday apartments for accommodation.
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
3. The customer's terms and conditions only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of contract, partners; statute of limitations
1. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing. The invoice is sent together with the booking confirmation.
2. The contractual partners are the hotel and the customer. (Billing address)
3. All claims against the hotel generally become time-barred one year from the beginning of the knowledge-dependent regular limitation period of Section 199, Paragraph 1 of the German Civil Code. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the pension.
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 prices to the hotel for rooms provided and for other services used. This also applies to services and expenses of the hotel arranged by the customer for third parties.
3. The agreed prices include the respective statutory VAT. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 5%.
4. The hotel can also change the prices if the customer subsequently requests changes to the number of booked rooms, the hotel's services or the length of stay of the guests and the hotel agrees to this.
5. The hotel is entitled to make 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, 5% above the base interest rate. The hotel reserves the right to prove higher damage.
6. The hotel is entitled to demand a reasonable advance payment or security upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer can only offset or reduce a claim from the hotel with an undisputed or legally binding claim.
IV. Withdrawal by the customer (ie cancellation) / non-use of the hotel's services / cancellation of the trip
1. A cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the hotel's obligation to take into account the rights, objects of legal protection and interests of the customer if this means that adherence to the contract can no longer be expected or if another statutory or contractual right of withdrawal is due.
2. Withdrawal by the customer from the concluded contract must be in writing. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract up to that point without payment or
to trigger claims for damages by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless the customer withdraws in accordance with number 1 sentence 3.
3. In the case of rooms not used by the customer, the hotel must offset the income from renting the rooms to other parties and the expenses saved.
4. The hotel is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for accommodation with or without breakfast.
The customer is free to prove that the above claim did not arise or did not arise in the required amount.
5. Cancellation free of charge is possible up to two weeks before the start of the journey. From 14 days before departure, 80% of the contractually agreed price must be paid.
6. If the guest interrupts the trip prematurely, the hotel cannot reimburse the travel price.
V. Cancellation by the hotel
1. If the customer's right to withdraw free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer, upon inquiry by the hotel, waives his right to resignation not waived.
2. If an advance payment that has been agreed or requested in accordance with Clause III No. 6 above 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.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if
• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• Rooms are booked with misleading or false information about essential facts, eg the customer or the purpose;
• the hotel has justified reason to believe that the use of the services may endanger the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the area of control or organization of the guesthouse;
• there is a violation of Clause I No. 2 above.
4. If the hotel withdraws with justification, the customer is not entitled to compensation.
VI. Room provision, handover and return
1. The customer does not acquire the right to be provided specific rooms.
2. Booked rooms are available to the customer from 3 p.m. on the agreed arrival date. The customer has no right to earlier availability.
3. On the agreed day of departure, the hotel rooms must be vacated by 10:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for the use of the room that exceeds the contract due to the delayed vacating of the room up to 6 p.m. and 100% from 6 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.
VII. Liability of the hotel
1. The hotel is liable with the care of a prudent businessman for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent.
Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and a possible
to minimize damage.
2. The hotel is liable to the customer for items brought in according to the statutory provisions, i.e. up to a hundred times the room rate, up to a maximum of €3,500, and for money, securities and valuables up to €800.
The liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB). The above number 1 sentences 2 to 4 apply accordingly to any further liability of the hotel.
3. If the customer is provided with a parking space in a car park, even for a fee, this does not result in a custody agreement. The hotel is not liable in the event of loss or damage to motor vehicles parked or maneuvered on the castle premises and their contents, except in the case of intent or gross negligence. Number 1 sentences 2 to 4 above apply accordingly.
4. Parents are responsible for supervising children, especially around the pond!
VIII. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. Our e-mail address can be found in the imprint.
We are not willing or obliged to participate in dispute settlement procedures before a consumer arbitration board.
IX. Final Provisions
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for guest accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the hotel's registered office.
3. The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the hotel's registered office in commercial transactions. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual provisions of these general terms and conditions for guest accommodation
be or become ineffective or void, this shall not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for guest accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the hotel's registered office.
3. The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the hotel's registered office in commercial transactions. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual provisions of these general terms and conditions for guest accommodation
be or become ineffective or void, this shall not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.