Terms and Conditions
Terms and Conditions
Landhotel Schöll GmbH
Managing Director: Harald Schöll
Hauptstraße 32, 92331 Parsberg-Hörmannsdorf
info@hotel-schoell.de · 09492 94310
VAT ID: DE230004953
HRB 22061, Nuremberg Local Court
I. Scope
1. These Terms and Conditions apply to hotel accommodation contracts as well as to all other services and goods provided by the hotel to the guest.
2. Any conflicting provisions, including those contained in the general terms and conditions of the guest or the customer, shall not apply unless the hotel expressly acknowledges them in writing.
II. Conclusion of the Contract, Contracting Parties
1. Upon receipt of a booking request from the guest, a hotel accommodation contract (hereinafter referred to as the “Contract”) is concluded upon the hotel’s issuance of a corresponding booking confirmation.
2. The contracting parties are Landhotel Schöll GmbH (“the Hotel”) and the guest. If a third party makes the reservation on behalf of the guest, that third party shall be jointly and severally liable with the guest to the Hotel for all obligations arising from the contract, provided that the Hotel has received a corresponding declaration from the third party. Irrespective of this, every person making the booking is obligated to forward all information relevant to the booking—in particular these General Terms and Conditions—to the guest.
3. Subletting or subleasing the rooms provided, as well as using them for purposes other than lodging, requires the hotel’s prior written consent.
III. Services, Prices, Payment, Setoff
1. The hotel is obligated to make the rooms booked by the guest available in accordance with these General Terms and Conditions and to provide the agreed-upon services.
2. The guest is obligated to pay the hotel’s applicable or agreed-upon rates for the room and any additional services the guest has used. This also applies to services and expenses incurred by the hotel on behalf of third parties at the request of the guest or the person making the reservation. The agreed-upon rates include the applicable statutory sales tax. If the period between the conclusion of the contract and the guest’s arrival exceeds four months, and if, after the contract is concluded, the statutory sales tax or any applicable local taxes and fees increase, or if new local taxes and fees are introduced, the hotel reserves the right to increase the agreed-upon rates by the corresponding amount.
3. The hotel may make its consent to a reduction in the number of rooms booked, the hotel’s services, or the guest’s length of stay—requested by the guest after the contract has been concluded—contingent upon an increase in the price of the rooms and/or the hotel’s other services.
4. Hotel invoices are due for payment immediately upon receipt, without any deductions. The hotel may at any time demand immediate payment of due amounts from the guest. The guest shall be in default at the latest if he or she fails to make payment within 30 days after the due date and receipt of an invoice; this applies to a guest who is a consumer only if these consequences have been specifically noted on the invoice. The hotel may charge a reminder fee of €10.00 for each reminder sent after the guest has fallen into default.
5. Upon conclusion of the contract, the hotel is entitled to require the guest to make a reasonable advance payment or provide security in the form of a credit card guarantee, a deposit, or similar. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract.
6. In justified cases, such as the guest’s failure to pay or an expansion of the scope of the contract, the hotel is entitled, even after the contract has been concluded and up until the start of the stay, to demand an advance payment or security deposit as defined in paragraph 5 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon compensation.
7. The hotel is also entitled, at the beginning of and during the guest’s stay, to require the guest to make a reasonable advance payment or provide security, as defined in paragraph 5 above, for existing and future claims arising from the contract, insofar as such payment or security has not already been provided in accordance with paragraphs 5 and/or 6.
8. The guest may only set off a claim against a claim by the hotel if the claim is undisputed or has been legally established.
IV. Guest's Withdrawal, Cancellation
1. The hotel grants guests the right to cancel free of charge up to 3 days before arrival. For stays between December 27 and January 6, guests have the right to cancel free of charge up to 45 days before arrival. The following provisions apply:
a) If the guest cancels the reservation, the hotel is entitled to reasonable compensation.
b) The hotel may, at its discretion, claim damages from the guest in the form of a lump-sum compensation payment instead of a specific amount of compensation. The lump-sum compensation amounts to 100% of the contractually agreed price for overnight stays with or without breakfast, and 80% of the contractually agreed price for overnight stays with half-board. The guest is free to prove that the hotel incurred no damages or damages lower than the flat-rate compensation claimed.
c) If the hotel calculates the compensation specifically, the amount of compensation shall not exceed the contractually agreed price for the services to be provided by the hotel, less the value of any expenses saved and any proceeds the hotel derives from the alternative use of the hotel services.
2. The foregoing provisions regarding compensation shall apply mutatis mutandis if the guest fails to use the reserved room or services without notifying the hotel in a timely manner.
3. If the hotel has granted the guest an option in the contract to withdraw from the contract within a specified period without further legal consequences, the hotel is not entitled to compensation. The date on which the hotel receives the notice of withdrawal determines whether it was submitted in a timely manner. The guest must provide notice of withdrawal in writing.
4. For group reservations of 5 or more rooms, as well as for package deals, rooms may be canceled free of charge up to 21 days before arrival.
5. Free cancellation is not available for last-minute bookings or when booking the non-refundable rate.
V. Cancellation by the Hotel
1. If the guest has been granted the right to cancel free of charge pursuant to Section IV, Paragraph 3, the hotel is also entitled to withdraw from the contract within the agreed time limit if there are inquiries from other guests regarding the booked rooms and the guest, upon inquiry by the hotel, does not waive his or her right to cancel free of charge pursuant to Section IV, Paragraph 3.
2. If an agreed advance payment or security deposit—or one required pursuant to Section III, paragraphs 5 and/or 6—is not made even after the expiration of a grace period set by the hotel, the hotel shall also be entitled to terminate the contract.
3. Furthermore, the hotel is entitled to terminate the contract, in particular if:
- force majeure or other circumstances beyond the hotel’s control render performance of the contract impossible;
- Rooms are booked based on misleading or false information regarding material facts, such as the guest’s identity or the purpose of the stay;
- the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational authority;
- there has been an unauthorized sublease or re-lease in accordance with Section II, Paragraph 3;
- a case covered by Section VI, paragraph 3, applies;
- if the hotel becomes aware that the guest’s financial circumstances have significantly deteriorated since the contract was concluded, particularly if the guest fails to settle the hotel’s due and payable claims or does not provide sufficient security, and the hotel’s claims for payment therefore appear to be at risk;
- the guest has filed a petition for the commencement of insolvency proceedings with respect to his or her assets, has submitted an affidavit pursuant to § 807 of the German Code of Civil Procedure (ZPO), has initiated an out-of-court debt settlement procedure, or has suspended payments;
- insolvency proceedings are initiated with respect to the guest’s assets or are dismissed for lack of assets.
4. The hotel must immediately notify the guest in writing of the guest’s right to cancel.
5. In the aforementioned cases of cancellation, the guest is not entitled to compensation.
VI. Arrival and Departure
1. The guest has no right to be provided with specific rooms unless the hotel has confirmed in writing that specific rooms will be provided.
2. Reserved rooms are available to the guest starting at 2:00 p.m. on the agreed-upon arrival date. The guest is not entitled to check in earlier.
3. The guest must check into the reserved rooms by 6:00 p.m. at the latest on the agreed-upon arrival date. Unless a later arrival time has been expressly agreed upon, the hotel has the right to reassign reserved rooms after 6:00 p.m., without the guest being entitled to any claims for compensation as a result. In this regard, the hotel is entitled to cancel the reservation.
4. On the agreed-upon departure date, guests must vacate their rooms and make them available to the hotel by 11:00 a.m. at the latest. After that time, the hotel may charge the current daily room rate for the additional use of the room, in addition to any damages incurred as a result. The guest is free to prove to the hotel that the hotel incurred no damages or only significantly lower damages.
VII. Hotel Liability, Statute of Limitations
1. Should any disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon immediate notification by the guest. If the guest negligently fails to report a defect to the hotel, the guest shall not be entitled to a reduction in the contractually agreed fee.
2. The hotel is liable in accordance with statutory provisions for all damages resulting from injury to life, body, or health, as well as in cases where the hotel has provided a guarantee and in cases of defects that were fraudulently concealed.
3. For all other damages not covered by Section VII, Paragraph 2, and caused by slight negligence on the part of the hotel, its legal representatives, or its agents, the hotel shall be liable only if such damages result from a breach of an obligation typical to the contract. In such cases, liability is limited to the foreseeable damages typical for this type of contract.
4. The foregoing limitations of liability apply to all claims for damages, regardless of their legal basis, including claims arising from tort, even against employees or agents of the hotel. They do not apply in cases of liability for a defect following the assumption of a warranty, in cases of fraudulently concealed defects, or in cases of personal injury.
5. The hotel is liable to the guest for items brought onto the premises in accordance with statutory provisions, i.e., up to one hundred times the accommodation rate, but not exceeding €3,500.00. For valuables (cash, jewelry, etc.), this liability is limited to €800.00. The hotel recommends taking advantage of the option to store such items in the central hotel safe.
6. If a parking space is made available to the guest in the hotel garage or in a hotel parking lot—even for a fee—this does not constitute a contract of safekeeping. The hotel has no obligation to monitor the vehicle. The hotel is not liable for the loss of or damage to motor vehicles parked on the hotel premises or their contents, except in cases of willful misconduct or gross negligence. Any claim for damages must be filed no later than upon leaving the hotel premises.
7. Wake-up calls are handled by the hotel with the utmost care. Claims for damages are excluded, except in cases of gross negligence or willful misconduct.
8. Messages, mail, and packages for guests will be handled with care. The hotel will handle the delivery, safekeeping, and—upon request and for a fee—the forwarding of such items, as well as lost and found items upon request. Claims for damages are excluded, except in cases of gross negligence or willful misconduct. The hotel is entitled to transfer the items to the local lost and found office after a storage period of no more than one month, charging a reasonable fee.
9. The guest’s claims for damages shall be barred by the statute of limitations no later than two years after becoming aware of the damage, or, regardless of such awareness, no later than three years from the date of the event causing the damage. This does not apply to liability for damages resulting from injury to life, limb, or health, nor to other damages resulting from intentional or grossly negligent breaches of duty by the hotel, a legal representative, or a vicarious agent.
VIII. Changes to the Number of Participants and the Event Time
1. Any change in the number of participants by more than 5% must be reported no later than 10 business days before the start of the event; such a change requires the hotel’s written consent. Without such approval, in the event of a decrease in the number of participants, billing will be based on the contractually agreed-upon number of participants, taking into account any expenses saved.
2. In the event of an upward deviation, the actual number of participants will be charged.
3. The hotel is entitled to agree to a decrease in the number of participants by more than 10% only on the condition that the agreed-upon rates are adjusted and/or the confirmed rooms are exchanged.
4. If the agreed start and end times of the event are changed without the hotel’s prior written consent, the hotel may charge additional costs for maintaining its readiness to provide services.
IX. Final Provisions
1. Any amendments or additions to the contract, the acceptance of the reservation, or these General Terms and Conditions for Hotel Accommodation must be made in writing. Unilateral amendments or additions by the guest are invalid.
2. The place of performance and payment is the hotel’s registered office.
3. If the hotel’s contracting party is a merchant or a legal entity under public law, the place of jurisdiction is the hotel’s registered office. However, the hotel is also entitled to file lawsuits and initiate other legal proceedings at the guest’s general place of jurisdiction. The hotel is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
4. The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
5. Should any individual provisions of these General Terms and Conditions for Hotel Accommodations be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
