1. Scope
These conditions apply to the provision of accommodation services, as well as all other deliveries and services from the hotel. Only these terms and conditions are part of the contract, any terms and conditions of the customer are not recognized unless separate mutual agreements are made in writing.

 

2. Contractual relationship and reservations
The lodging contract comes into existence through the written reservation confirmation or notification of the hotel’s booking number to the customer or, if a written confirmation is not possible due to time constraints, as soon as the room has been made available. If the order is placed by a third party, this third party will become a contractual partner, regardless of an effective authorization by the customer, and will be jointly and severally liable for all liabilities arising from the contract alongside the customer. Subletting or subletting requires the written consent of the hotel. Any use of hotel rooms other than for residential purposes requires the prior written consent of the hotel.

3. Services
The hotel is obliged to keep the rooms booked by the guest available in accordance with these General Terms and Conditions and to provide the agreed service. The guest is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This also applies to services and expenses of the hotel to third parties caused by the guest or the customer.

4. Prices
The prices are determined according to the price list valid at the time the service is rendered. The prices include the statutory value-added tax, with an increase after the conclusion of the contract being at the expense of the customer. If fixed prices are stated in the order confirmation and there are more than four months between the conclusion of the contract and the provision of the service, the hotel is entitled to make price changes.

  

5.1. Advance payments
The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter. The amount and due date can be agreed in writing in the contract.

 

5.2. Interim invoices
The hotel is entitled to issue interim invoices at any time, which are due upon submission. If the customer does not comply with the request for payment, the hotel is entitled to terminate the accommodation contract without notice.

5.3. Mode of payment for agreed services
The price for agreed services must always be paid before departure at the hotel. A payment period of 14 days from the invoice date applies to agreed invoicing based on the reservation contract. If this payment period is exceeded, the customer is in default without the need for a reminder. From the moment of default, the hotel is entitled to charge interest on arrears at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. The assertion of higher default interest remains unaffected. A fee of EUR 10.00 can be charged for reminders.

5.4. Deposit payments
In the case of gastronomic events and package deals, the hotel reserves the right to demand 100% of the expected turnover as a deposit payment.

6. Vouchers
Vouchers are assigned a monetary value from the price list of the date of issue. The current price list applies on the day of redemption. The voucher is valid for the booked service or a monetary value. The voucher can be redeemed in the amount of the deposited monetary value in all companies of the Tuscanyworld group of companies for services offered there. Vouchers are not exchangeable. The voucher value or parts thereof will not be paid out in cash. Vouchers are not personal. If lost, no replacement will be made. This voucher is clearly recorded and is updated in the database after it has been redeemed for the first time. Redemption only upon presentation of the original voucher. If an arrival date for a voucher is fixed and the guest then does not arrive without prior cancellation, we will collect the data under point 7.

7.1 All withdrawals from four rooms or more must be in writing.
Different agreements can also be made.
The following cancellation periods apply:

Booking single overnight stays
With a number of one to three rooms, cancellation free of charge is possible until 6 p.m. on the day of arrival. After that or in the event of no-show, the hotel has the right to charge 80% of the cost of the services for the entire stay.

Booking arrangements
If you have one to three rooms, you can cancel free of charge up to seven days before arrival (up to 2 p.m.). After that, the hotel has the right to charge 80% of the cost of the services for the entire stay. Other cancellation and payment terms may apply for holiday arrangements.

Booking holiday apartments or holiday homes
When booking a holiday apartment or holiday home, you can cancel completely free of charge up to 28 days before arrival. After that or in the event of no-show, the hotel has the right to charge 80% of the cost of the services for the entire stay.

Group travel booking Group
travel with six or more rooms can be canceled free of charge up to 45 days before arrival. The hotel is then free to flat-rate the corresponding damage to be compensated by the customer as follows:
a) up to 30 calendar days before the day of arrival, compensation in the amount of 50% of the value of the services ordered
b) up to 20 calendar days before the day of arrival, compensation in the amount of 70% of the value of the services ordered
c) up to 10 calendar days before the day of arrival Compensation of 90% of the value of the services ordered
Individual room cancellations up to a maximum of 15% from the allotment:
up to 14 days before arrival free of charge, up to 5 days before arrival – 30 %, up to 2 days before arrival – 50%, after that 80%

 

Optional bookings
If the hotel has given the guest an option in the contract to withdraw from the contract within a certain period of time without further legal consequences, the hotel has no right to compensation. Access to the hotel is decisive for the timeliness of the declaration of withdrawal.

7.2 Withdrawal by the hotel
If the guest has been granted a right of withdrawal free of charge in accordance with 7.1, paragraph 3, the hotel is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests about the booked rooms and the guest cancels the booking upon inquiry by the hotel not finally confirmed.

If an advance payment or security deposit agreed in accordance with Section 5 is not made within a period set for this purpose, the hotel is entitled to withdraw from the contract. Furthermore, the hotel is entitled to withdraw from the contract for important reasons, in particular if:

 

The hotel must immediately inform the guest in writing of the exercise of the right of withdrawal. In the aforementioned cases of withdrawal, the guest is not entitled to compensation.
 

8. Arrival and departure
Booked rooms are available to the guest from 3 p.m. on the day of arrival and until 10 a.m. on the day of departure. If a guaranteed booking or later arrival has not been expressly agreed, the hotel has the right to allocate booked rooms to someone else after 6 p.m., provided that the guest has not reported his late arrival by then.
After 10:00 a.m., the hotel is entitled to charge the daily room rate (50% of the overnight rate) for the additional use of the room until 6:00 p.m., after 6:00 p.m. the full overnight rate. The guest is free to prove that the hotel suffered no damage or a significantly lower damage. Claims for the provision of specific rooms or premises do not arise. If the hotel cannot keep a reservation promise, it is obliged to provide an equivalent replacement.

9. Liability of the Hotel
The hotel is liable with the diligence of a prudent businessman. In the event of defects or disruptions to the services offered, the hotel will endeavor to remedy the situation immediately after it has become aware of it. Irrespective of the provisions of § 701 et seq. BGB, the hotel is only liable in the event of gross negligence. The hotel is liable for negligent damage that is not bodily harm up to a maximum of three times the accommodation price. The hotel is only liable for damage incurred by the customer as a result of non-performance or inadequate performance of the contract if it is its own fault. The hotel bears the burden of proof that the hotel was not culpable for causing the damage. Management of valuables requires an express agreement between the hotel and the customer. On Bill,
Any liability of the hotel is limited to the amount of the agreed rental price, apart from § 701 ff. BGB. The statute of limitations for old customer claims is six months, calculated from the end of the contract. This limitation of liability and short statute of limitations apply in favor of the hotel, even in the event of breach of obligations when initiating the contract, positive breach of contract and tortious acts. Insofar as the guest is provided with a parking space in the hotel garage or a hotel car park for a fee, this does not result in a custody agreement. The hotel is under no obligation to monitor. The hotel shall not be liable for any damage or loss occurring during the contract period, unless the damage is the hotel’s responsibility, but was caused by a third party. Damage must generally be reported to the hotel at the latest when leaving the hotel property.
The hotel endeavors to carry out wake-up calls with the greatest care. Messages, mail and goods consignments intended for the customer are treated with care. The hotel will store, deliver and, if requested, forward the same for a fee. Items left behind by customers will only be forwarded at the customer’s request, risk and expense. The retention period in the hotel is 12 months. The items will then be handed over to the local lost and found office or the competent authority on the basis of the statutory provisions. Any liability of the hotel is excluded. In the event of force majeure, the contracting parties can terminate the contract in accordance with § 651 j BGB.

10. Liability of the customer
The customer is liable to the hotel for damage or loss that occurs during the contract period, unless the damage is the hotel’s responsibility or was caused by a third party and the third party actually provides compensation, which the customer must prove in each case is.

11. Special conditions for events
The organizer must obtain all official permits that may be necessary for the event to be held in good time and at its own expense. He is responsible for complying with these permits and all other public law regulations in connection with the event. The organizer is obliged to provide truthful information about the type and purpose of the event before the contract is concluded. The hotel must be informed immediately of any intended changes to the type and purpose of the event after the conclusion of the contract. In this case, the hotel reserves the right to withdraw from the contract.
Newspaper advertisements, other advertising measures and publications that are related to the hotel and/or that contain invitations or sales events, for example, require the prior written consent of the hotel. If publication takes place without consent and the essential interests of the hotel are thereby impaired, the hotel has the right to cancel the event. In this case, the hotel is entitled to demand appropriate compensation from the organizer due to loss of sales, damage to reputation or other reasons. Insofar as the hotel procures technical or other equipment from third parties for the organiser, it acts in the name and for the account of the organiser. The organizer is liable for the careful treatment and proper return of this facility and indemnifies the hotel from all third-party claims arising from the provision of this facility. The attachment of decorative material or other items is not permitted without the consent of the hotel. These items must meet local fire regulations. If they are not picked up immediately after the event, but no later than 12 hours after the event, they will be stored at the hotel, for which the organizer must pay a reasonable fee. The items are also no longer insured if they are not removed immediately after the event and will not be reimbursed if lost. The organizer may only bring food and drinks with him after prior written consent and scope determination. A service fee will then be charged.

 12.1. Deviating or ancillary agreements must be in writing.
This also applies to the lifting of the writing requirement.
Verbal collateral agreements do not exist.
The place of performance is the hotel’s headquarters. In commercial transactions, the place of jurisdiction is Erfurt. It is only the law of the Federal Republic of Germany.

 

12.2. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be ineffective or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.

 

Status: December 2014