### 1. Scope of Application
These terms and conditions apply to contracts for the temporary rental of hotel rooms for accommodation purposes and to additional services provided by the hotel (hotel accommodation contract).
The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel.
General terms and conditions of the customer shall only apply if expressly agreed upon in writing in advance.
### 2. Conclusion of Contract, Contracting Parties, Statute of Limitations
The hotel may choose to confirm the room booking in writing.
The contracting parties are the hotel and the customer. If a third party has made the booking on behalf of the customer, they are jointly and severally liable with the customer to the hotel.
All claims against the hotel are subject to a one-year statute of limitations starting from the legal commencement date. Claims for damages are subject to a five-year statute of limitations. These limitations do not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.
### 3. Services, Prices, Payment, Set-Off
The hotel is obligated to make the rooms booked by the customer available and to provide the agreed services.
The customer is obligated to pay the applicable or agreed prices of the hotel for the provision of the rooms and any additional services utilized. This also applies to services and expenses incurred by the hotel for third parties at the customer’s request. The agreed prices include the applicable statutory VAT.
Not included in the room rental price is an additional service fee charged per room and per day by the hotel, the current amount of which is specified in the booking confirmation. Local taxes (e.g., tourist tax) are not included and must be borne by the guest in accordance with municipal law. If local taxes are introduced, modified, or abolished after the conclusion of the contract, or if there is a change in VAT, the prices will be adjusted accordingly without notice to the contracting party.
The hotel may condition its consent to a customer’s subsequent request to reduce the number of booked rooms, hotel services, or the length of stay on an increase in the room price or other charges.
Invoices issued by the hotel are payable within seven working days from the date of receipt without deductions. In case of delayed payment, the hotel is entitled to charge a flat fee (late payment surcharge, administrative fee) of at least EUR 25.00.
The hotel is entitled to request an advance payment or security deposit at the time of contract conclusion.
In justified cases, such as the customer’s payment arrears, the hotel may refuse further services.
### 4. Customer’s Withdrawal (Cancellation, No-Show)
The customer’s withdrawal from the contract with the hotel requires the hotel’s written consent. Without such consent, the agreed price remains payable even if the customer does not utilize the contracted services.
If a deadline for cost-free cancellation has been agreed in writing between the hotel and the customer, the customer may cancel the contract within this period without incurring payment or damage claims from the hotel. The right of withdrawal expires if the customer does not exercise it in writing by the agreed deadline.
For unused rooms, the hotel must offset revenues from their alternative rental. If the rooms are not re-rented, the hotel may charge the contractually agreed fee. This is calculated as 90% of the room rate with breakfast, 70% for half-board arrangements, and 100% of the originally agreed room rate in case of no-show.
The right to withdraw from the contract expires two weeks before the agreed arrival date. Note: Under Directive 2011/83/EU of the European Parliament, Article 16, the 14-day withdrawal right does not apply to hotel bookings. The hotel’s cancellation conditions shall apply.
### 5. Hotel’s Withdrawal
If a free cancellation period has been agreed in writing, the hotel is likewise entitled to withdraw within this period (e.g., in the event of non-compliance with the agreed advance payment).
In the event of a justified withdrawal by the hotel, the customer shall not be entitled to damages.
### 6. Room Availability, Handover, and Return
The customer has no claim to the provision of specific rooms unless explicitly agreed in writing.
Booked rooms are available to the customer from 3:00 PM on the agreed arrival date. There is no entitlement to earlier availability.
On the agreed departure date, rooms must be vacated and made available to the hotel by 11:00 AM. After this time, the hotel may charge 50% of the full room rate (current daily rate) for use until 2:00 PM and 100% thereafter. Late check-out arrangements must be confirmed with the hotel.
### 7. Hotel Liability
The hotel is liable for its contractual obligations. Claims for damages are excluded unless they involve harm to life, body, or health caused by the hotel’s negligence, or damages due to the hotel’s gross negligence or intentional breach of contract.
For customer complaints about disruptions or deficiencies in the hotel’s services, the hotel will endeavor to provide a remedy promptly, provided the customer reports the issue without delay. The customer is obliged to contribute reasonably to resolving the issue and minimizing potential damages.
The hotel’s liability for items brought by the customer is governed by statutory provisions. Liability is limited to 100 times the room rate, up to a maximum of EUR 3,500, and EUR 800 for cash, securities, and valuables. Valuables up to EUR 3,500 may be stored in the hotel safe.
If a parking space is provided, no custody contract is established. The hotel is not liable for theft or damage to vehicles parked on its premises, except in cases of intent or gross negligence.
### 8. Final Provisions
Changes and additions to the contract or these general terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
The place of performance and payment is the location of the hotel.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and similar conflict-of-law provisions is excluded.
If any provision of these terms and conditions is invalid or unenforceable, the validity of the remaining provisions remains unaffected. Statutory provisions shall apply in such cases.
**AllgäuSternHotel - Sonthofen**
**As of 08/2022**