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Terms and Conditions of Service

1. SCOPE

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other hotel services (hotel accommodation contract).
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in written form.
3. The general terms and conditions of the customer only apply if this is previously expressly agreed in writing.

2. CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS

1.The hotel is free to confirm the room booking in written form.
2. The contractual partners are the hotel and the customer. In the event that a third party has reserved on behalf of the customer, then he is jointly liable to the hotel together with the customer.
3. All claims against the hotel generally expire one year after the statutory start of the limitation period. Claims for damages expire in five years. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3. SERVICES, PRICES, PAYMENT, OFFSET

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2.The customer is obliged to pay for the room rental and for any additional services used at the hotel’s applicable prevailing prices. This also applies to sundry services and expenses which may be arranged by the customer with third parties. The agreed prices include the respective statutory sales tax
3. Should the customer subsequently request a reduction in the number of rooms booked, the performance of the hotel or the length of stay, the hotel may make its consent to such amendment conditional on the price for the rooms and/or other hotel services being increased.
4. Hotel invoices are payable without deductions within 14 days of the invoice being sent. In the event of late payment, the hotel is entitled to levy a surcharge of 25.00 Euros.
5. The hotel is entitled to request an advance payment from the customer upon conclusion of the contract or to demand a security deposit.
6. In justified cases, e.g. the customer being in arrears with payment, the hotel is entitled to refuse further services.
7. The customer can only reduce or offset his own demands against a claim of the hotel in the event of an undisputed or legally binding claim.

4. RECISSION BY THE CUSTOMER (CANCELLATION, WITHDRAWAL and NO SHOW)

1. The withdrawal from the contract concluded with the hotel by the customer requires the consent of the hotel in written form. Failing this, the agreed price under the contract is to be paid even if the customer does not avail himself of any or all contractual services.
2. Should the hotel and the customer conclude an agreement in written form for the free withdrawal from the contract, the customer may then withdraw from the contract without incurring claims for payment or damages on the part of the hotel. The customer's right of withdrawal expires if he does not do so by the agreed date as stipulated in written form.
3. In the event of rooms not being used by the customer, the hotel has the right, but not the obligation, to re-let such rooms. Any income from such rentals of these rooms is to be deducted from monies owed by the customer. Should the rooms not be otherwise rented, the hotel may invoke the contractually agreed 100% compensation charge.
4. A right to withdraw from the contract concluded with the hotel expires two weeks before the contractually agreed arrival date. According to act 2011/83/EU of the European Parliament, Article 16, the cancellation conditions of the hotel prevail.

5. RESCISSION BY THE HOTEL

1. If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract in this period (e.g. non-fulfilment of contractually agreed advance payment).
2. If the hotel withdraws with just cause, the customer has no right to claim Damages.

6. ROOM AVAILABILITY, DELIVERY AND RETURN

1. The customer does not acquire the right to be provided specific rooms, unless this has been expressly agreed in writing.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed date on the day of arrival. The customer has no right to earlier accommodation.
3. On the agreed day of departure, the rooms are to be fully vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel may charge the client a fee for the delayed availability for cleaning and clearing. Should the delay end no later than 2:00 p.m. the charge shall be 50% of the full daily accommodation price (list price). Should the delay continue beyond 2:00 p.m., the charge will be levied at 100%.

7. HOTEL LIABILITY DISCLAIMER

1. The hotel is liable for its obligations under the contract. Claims by Customers for damages are excluded. This waiver does not apply in the case of damage resulting from injury to life, limb or health, in the event that the hotel is responsible by way of breach of duty. Other damages based on an intentional or grossly negligent breach of duty by the hotel and damages arising out of an intentional or negligent breach of typical contractual obligations on the part of the hotel are also excluded. Should faults or defects occur regarding the services of the hotel, then the hotel will endeavour to remedy the situation immediately upon being made aware of the situation by the customer. The customer is obliged to undertake reasonable action to remedy the disruption and to minimize possible damage.
2. The hotel is liable for items brought to the premises by the customer only in accordance with statutory provisions.
3. If the customer has arranged a parking space in the garage or in a hotel car park, this does not constitute a custody agreement, regardless of whether or not the parking arrangement is subject to a charge. In the event of loss or damage to the motor vehicles, motorcycles or trailers and their contents, parked or manoeuvred on the hotel property the hotel is not liable, except in the case of intent or gross negligence.

8. FINAL PROVISIONS

1. Changes and additions to the contract or these general terms and conditions must be in written form. Unilateral changes or amendments on the part of the customer are invalid and form no part of the contract.
2. The place of performance and payment is the location of the hotel.
3. German law applies. The application of the UN sales law and the conflict of laws or similar is expressly excluded.
4. Should individual provisions of these General Terms and Conditions be or become invalid or void, the effectiveness of the other provisions is not affected. Otherwise, the statutory provisions apply

National Park Hotel "Kranichrast", January 2022