Hotel • Restaurant • Conference room Ampfing - Mühldorf (8km) Waldkraiburg (4km)

1. Scope of application:
a) These terms and conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and de-liveries provided by the hotel for the customer (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
b) The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form.
c) The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form in advance.
d) Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs in the sense of §§ 13, 14 BGB.
e) The contractual language is German.

2. Conclusion of Contract, Partner, Limitation:
a) The contract is concluded by the hotel’s acceptance of the cus-tomer’s application. The hotel is free to confirm the room reserva-tion in text form.
b) The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration by the third party. § Section 540 (1) sentence 2 of the German Civil Code (BGB) shall not apply if the customer is not a consumer.
c) Claims with the exception of claims for damages against the hotel are subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 BGB. Claims for damages against the hotel shall become statute-barred after five years, irrespective of knowledge. The above reductions in the statute of limitations shall not apply to claims based on inten-tional or negligent injury to life, body, health, or freedom or to other claims based on intentional or grossly negligent breach of duty by the Hotel or on intentional or grossly negligent breach of duty by its legal representatives or vicarious agents.
d) This limitation of liability and short period of limitation shall also ap-ply in favor of the hotel in the event of breach of obligations in the course of contract initiation and positive breach of contract.

3. Services, prices, payment, set-off
a) The hotel is obligated to hold the rooms booked by the customer ready and to provide the agreed services.
b) The customer is obligated to pay the hotel’s applicable or agreed prices for the provision of the rooms and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
c) The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes, which are owed according to the respective local law of the guest itself, such as visitor’s tax. If the period between the conclu-sion and fulfillment of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reason-able amount, but by no more than 10%.
d) Prices may also be changed by the hotel if the customer subse-quently requests changes in the number of rooms booked, the ho-tel’s services or the length of the guests’ stay, and the hotel agrees.
e) The hotel is entitled to demand an appropriate advance payment or security deposit, e.g., in the form of a credit card guarantee, upon conclusion of the contract or thereafter, taking into account the le-gal provisions for package tours. The amount of the advance pay-ment or security deposit and the payment dates shall be agreed in text form in the contract.
f) Invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears in the amount of 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The customer re-serves the right to prove a lower damage, the hotel a higher dam-age.
g) The customer may only offset or reduce a claim of the hotel with an undisputed or legally valid claim.
h) The customer agrees that the invoice can be sent to him electroni-cally.
i) Invoicing shall be made in the EURO currency. In case of payment with foreign means of payment, the exchange rate differences, and bank charges shall be borne by the party obliged to pay.
j) In the case of online bookings (also via third-party portals), the contractual conditions of the hotel shall also apply. An accommo-dation contract is concluded directly upon booking online (also via third-party portals). Payment and cancellation conditions for book-ings via third-party portals and tour operators may differ.
k) For online bookings (including third-party portals), special rates, deals, packages and other discounts and rebates (online rates) apply only to individual reservations up to a maximum of 5 rooms. The online rates cannot be combined and booked in sequence and are not available for groups.

4. Withdrawal of the customer (cancellation and no-show)
a) The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists, or if the hotel ex-pressly consents to the cancellation of the contract. The agree-ment of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.

Cancellation conditions:
– up to THREE rooms can be cancelled FREE of charge at the latest 2 days before the planned arrival
– FOUR to TEN rooms can be cancelled FREE of charge up to 7 days before the planned arrival
– more than TEN rooms can be canceled FREE of charge up to 4 weeks before

b) If a date for withdrawal from the contract has been agreed in writ-ing between the hotel and the customer, the customer may with-draw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer’s right to withdraw from the contract shall expire if he does not exercise his right to withdraw from the contract in writing to the hotel by the agreed date unless there is a case of default in performance on the part of the hotel or an impossibility of performance for which the hotel is responsible. Any right of withdrawal will be communicated in your booking.
c) In the case of rooms not used by the customer, the hotel must credit the income from renting the rooms to other parties as well as the saved expenses. The hotel is at liberty to make a lump sum payment for the damages incurred and to be compensated by the customer due to cancellations at a late date (see cancellation con-ditions) or non-arrival (no-show). The customer is then obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast. The customer is free to prove that no damage was incurred or that the damage incurred by the hotel is lower than the demanded flat rate.

5. Cancellation by the Hotel
a) If the customer’s right to withdraw from the contract within a cer-tain period has been contractually agreed, the hotel is entitled for its part to withdraw from the contract during this period if inquiries from other customers regarding the contractually booked rooms exist and the customer does not waive his right to withdraw upon inquiry by the hotel.
b) If an agreed security deposit is not made even after expiration of a reasonable grace period set by the hotel with a warning of refusal, the hotel is also entitled to withdraw from the contract.
c) Furthermore, the hotel is entitled to withdraw from the contract ex-traordinarily for factually justified reasons, for example if:
– force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
– rooms are booked under misleading or false statements of ma-terial facts, e.g., in the person of the customer or the purpose;
– the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the busi-ness, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organiza-tion;
– there is a violation of the above-mentioned scope of application paragraph b;
– the purpose or the reason for the stay is unlawful;
– An advance payment or security deposit agreed upon or re-quired pursuant to clause 3. f) above has not been made even after expiration of a grace period set by the hotel;
d) The hotel must inform the customer immediately of the exercise of the right of withdrawal.
e) In the event of a justified withdrawal by the hotel, the customer shall have no claim for damages.

6. Room provision, handover and return
a) The customer does not acquire a claim to the provision of specific rooms unless this has been expressly agreed in text form.
b) Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to an earlier provi-sion.
c) On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (price according to the price list) for late vacating of the room for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not in-curred any or a significantly lower claim to a usage fee.

7. Liability of the hotel
a) The hotel is liable for damages resulting from injury to life, body, or health for which it is responsible. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of du-ties typical for the contract by the hotel. A breach of duty by the ho-tel is equivalent to a breach of duty by a legal representative or vi-carious agent. Further claims for damages are excluded, unless otherwise provided for in this clause 7. In the event of disruptions or deficiencies in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate com-plaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do to remedy the disrup-tion and keep any possible damage to a minimum.
b) The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. The liability is limited to one hun-dred times the room rate, but not more than € 3,500, – and differ-ently for money, securities, and valuables not more than € 800. Money, securities, and valuables can be stored in the hotel safe up to a maximum value of € 3.500, – and this on the basis of a sepa-rate storage agreement with the hotel.
c) Wake-up calls will be carried out by the hotel with the utmost care. Messages, mail, and merchandise shipments for the guests will be handled with care. The hotel will take care of delivery, safekeep-ing and – upon request – forwarding of the same for a fee. The hotel does not assume any liability for these free services.
d) Insofar as a parking space is made available to the customer in the garage or in a hotel parking lot, also for a fee, this does not constitute a safekeeping contract. In the event of loss of or dam-age to motor vehicles, trailers, motorcycles, or trailers parked or maneuvered on the hotel property and their contents, the hotel shall not be liable, except in cases of intent or gross negligence. In the event of liability on the part of the hotel, only the provisions of item b) above shall apply.

8. Other additional agreements
a) The Hotel Fohlenhof is a non-smoking hotel. It is therefore prohib-ited to smoke in the public areas as well as in the guest rooms. In the event of a violation, the hotel has the right to demand an amount of € 250,- from the guest as compensation for the sepa-rate cleaning costs to be incurred, including any loss of revenue due to the room not being able to be rented out as a result. This amount of damages is to be set higher or lower if the hotel proves a higher damage or the guest proves a lower damage. Further-more, all costs arising from a fire alarm and fire department inter-vention will be charged on.
b) Bringing a pet requires notification at the time of booking the hotel room. The customer is obliged to announce the wish to bring a pet in advance. If the hotel does not object to the bringing of the pet, this is done under the condition that the pet is under the constant supervision of the guest and is free of diseases and otherwise does not represent a danger for the hotel guests and the hotel staff. A fee of € 10,- per room and day of stay will be charged for the pet. Exceptions to this rule are guide dogs, deaf dogs, and oth-er similar service dogs. These may be brought along free of charge and at any time.
c) In case of willful soiling of the provided hotel room or other invento-ry of the hotel, the additional costs incurred for cleaning will be charged in the amount of € 50,- per hour. This amount of damages shall be set higher or lower if the hotel proves a higher damage or the guest proves a lower damage.
d) During his stay, the guest must adhere to the generally accepted rules of conduct and customs; noise is to be avoided.
e) The guest is obliged to return the received room key to the recep-tion upon his departure. In case of loss of the key the guest is lia-ble for an amount of 150,- €. Return of keys must be made imme-diately – at the latest on the next working day – at the guest’s own expense, otherwise the costs incurred due to non-letting/consequential damage will be charged.

9. Final provisions
a) Amendments and supplements to the contract or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
b) The place of performance and payment is the location of the hotel.
c) German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the similar is ex-cluded.
d) Should individual provisions of these General Terms and Condi-tions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provi-sions shall apply.