General terms and conditions for the hotel accommodation contract in the hotel

I. Scope of Application

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided by the hotel to the customer.

2. The subletting and re-letting of the rooms provided and their use for other accommodation purposes require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2. Sentence 2 BGB is waived insofar as the customer is not a consumer.

3. The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II. Conclusion of contract, contractual partner, statute of limitations

1. The contract is concluded upon acceptance of the customer’s request by the hotel.
The hotel is free to confirm the room booking in writing.

2. The contracting parties are the hotel and the customer. If a third party has made the booking on behalf of the customer, that third party shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the accommodation contract, provided the hotel has received a corresponding declaration from the third party.

3. All claims against the hotel are generally subject to a limitation period of one year from the beginning of the regular limitation period of § 199 para. 1 BGB. Claims for damages shall become time-barred after five years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, prices, payments, set-off

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 the hotel’s applicable or agreed prices for the provision of the room and the other services utilised by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.

3. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, up to a maximum of 5%.

4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the length of stay of guests and the hotel agrees to this.

5. Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base rate. The hotel reserves the right to prove higher damages.

6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates may be agreed in writing in the contract.

7. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

8. Access to the spa & pool area is only permitted to persons over the age of 16.

IV. Withdrawal by the customer (i.e. cancellation) and non-utilisation of services

1. The customer’s withdrawal from the contract concluded with the hotel requires the hotel’s written consent. If this consent is not provided, the agreed price under the contract must still be paid, even if the customer does not make use of the contractual services. This does not apply in cases where the hotel violates its duties of care towards the rights, legal assets, or interests of the customer, making it unreasonable for the customer to continue with the contract, or if the customer has a statutory or contractual right of withdrawal.

2. If a date for a cost-free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract by that date without triggering payment or compensation claims by the hotel. The customer’s right of withdrawal expires if they do not exercise this right in writing by the agreed date, unless a case of withdrawal by the customer as per Clause 1, Sentence 3 applies.

3. In the case of rooms not utilised by the customer, the hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.

4. The hotel is free to demand the contractually agreed remuneration and to deduct a lump sum for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for bed and breakfast. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.

V. Withdrawal by the Hotel

1. If a cost-free right of withdrawal for the customer has been agreed upon in writing for a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer, upon inquiry by the hotel, does not waive their right of withdrawal.

2. If an agreed-upon or a deposit requested in accordance with Clause III, No. 6, is not paid even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract for justifiable reasons, for example, if:

  • force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
  • rooms were booked under misleading or false statements of material facts;
  • the hotel has justified cause to believe that the use of the hotel’s services may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control/organisation.
  • a breach of clause I no. 2 above.

4. In the event of justified cancellation by the hotel, the customer shall not be entitled to compensation.

VI. Room provision, handover & return

1. The customer does not acquire any entitlement to the provision of specific rooms.

2. Booked rooms are available to the customer from 3.00 pm on the agreed day of arrival. The customer is not entitled to earlier availability.

3. On the agreed departure date, the rooms must be vacated and made available to the hotel by no later than 12:00 noon. After that time, due to the delayed vacating of the room, the hotel may charge 50% of the full accommodation rate (list price) for its use beyond the agreed period until 6:00 p.m., and 100% after 6:00 p.m. This does not establish any contractual claims on the part of the customer. The customer is free to prove that the hotel has incurred no or significantly lower entitlement to compensation for use.

VII. Liability of the hotel

1. The hotel is liable with the due diligence of a prudent merchant for its obligations under the contract. Claims by the customer for damages are excluded, except for damages resulting from injury to life, body, or health if the hotel is responsible for the breach of duty, other damages caused by the hotel’s intentional or grossly negligent breach of duty, and damages resulting from the hotel’s intentional or negligent violation of obligations typical of the contract. A breach of duty by the hotel is equivalent to one by its legal representatives or vicarious agents. If disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to rectify the disruption and minimize potential damage.

2. The hotel is liable to the customer for items brought into the hotel in accordance with statutory provisions. The hotel recommends that the customer make use of this option. The main claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction, or damage (§ 703 BGB). The provisions in the preceding Clause 1, Sentences 2 to 4, apply accordingly to any further liability of the hotel.

3. If the customer is provided with a parking space on the hotel’s parking lot, whether for a fee or free of charge, this does not constitute a contract of safekeeping. The hotel is not liable for the loss or damage of vehicles parked or maneuvered on the hotel’s property or their contents, except in cases of intent or gross negligence. The provisions in the preceding Clause 1, Sentences 2 to 4, apply accordingly.

4. Wake-up calls are handled by the hotel with the utmost care. The hotel also assumes responsibility for the delivery, safekeeping, and—upon request and for a fee—the forwarding of such items. The provisions in the preceding Clause 1, Sentences 2 to 4, apply accordingly.

VII. Final Provisions

1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

2. The place of performance and payment is the location of the hotel’s registered office.

3. The exclusive place of jurisdiction—for disputes involving checks and bills of exchange, even in commercial transactions—is the location of the hotel’s registered office. If one of the contracting parties fulfills the requirements of § 38 Abs. 2 ZPO and does not have a general place of jurisdiction within the country, the place of jurisdiction shall be the location of the hotel’s registered office.

4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become ineffective
or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

 

Villago All Inclusive

Folgende Leistungen sind darin inkludiert: 

  • Empfang mit Prosecco & Orangensaft
  • Getränkepauschale für 7 Stunden
    (inklusive Bankettwein ( rot & weiß ), Prosecco, Warsteiner Bier, Softdrinks, Mineralwasser und Heißgetränke)
  • Büffet oder Menü nach Wahl.
  • Bestuhlung mit Tischwäsche und Stoffservietten
  • Raummiete mit Endreinigung