Terms and Conditions of Guest Accommodation of Gästehaus am Schloss Betriebs GmbH
Dear guest,
Thank you for your interest in booking a stay at our hotel. In the event that a guest accommodation contract is concluded, Gästehaus am Schloss Betriebs GmbH, Karlsruher Str. 3, 68723 Schwetzingen – hereinafter abbreviated to “Gästehaus” – will use all its power and experience to make your stay as pleasant as possible. Clear agreements about your rights and obligations as a guest as well as the rights and obligations of the host, which are to be made with you in the form of the following guest admission conditions, also contribute to this. These terms and conditions of accommodation, if effectively agreed, become the content of the contract between you and the Guest House in the event of a booking. Please read the following terms and conditions carefully before booking.
1. Scope of the Terms and Conditions
1.1. These terms and conditions apply, insofar as they have been effectively agreed upon, to guest accommodation contracts for which the catalogs published by the Guest House or the accommodation offers on the Internet form the basis of the booking.
1.2. The Guest House reserves the right to agree with the Guest on other terms and conditions than the present Terms and Conditions for the Accommodation of Guests or to make supplementary / deviating agreements to the present Terms and Conditions for the Accommodation of Guests.
2. Conclusion of Contract
2.1. The Guest House’s offer and the Guest’s booking shall be based on the description of the accommodation and supplementary information in the booking basis (e.g.: category description), insofar as these are available to the Guest at the time of booking.
2.2. In accordance with the legal obligations, the guest is informed that according to the legal regulations (§ 312g para. 2 sentence 1 No. 9 BGB) in the case of guest accommodation contracts concluded at a distance (letters, catalogs, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia), there is no right of revocation but only the legal regulations on the non-utilization of rental services (§ 537 BGB) apply (see also para. 6 of these terms and conditions of accommodation). However, there is a right of revocation if the accommodation contract was concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted on the prior order of you as a consumer; in the latter case, there is no right of revocation either.
2.3. In the case of bookings by clubs, associations, companies, authorities, institutions, the contracting parties to the guest accommodation contract and liable to pay are exclusively these and not the individual guest, unless they make the booking expressly as legal representatives on behalf of and with authority of the guest.
2.4. A guaranteed reservation is only possible if the guest provides his credit card number at the time of reservation or if a deposit is paid.
2.5. For the reservation made orally, by telephone, in writing, by e-mail or by fax:
2.5.1. With the booking, the guest offers the guesthouse the binding conclusion of the guest accommodation contract.
2.5.2. The contract shall be concluded upon receipt of the Guest House’s declaration of acceptance (booking confirmation) by the Guest. It does not require a written form, so that oral and telephone confirmations are also legally binding for both parties. As a rule, the guesthouse will also send the guest a written copy of the booking confirmation for bookings made orally or by telephone. However, bookings made orally or by telephone by the guest shall lead to a binding conclusion of the contract even if the guest does not receive the corresponding additional written copy of the booking confirmation, provided that the Guest House confirms the booking orally or by telephone in a binding manner.
2.5.3. If the Guest House submits a special offer to the Guest at the latter’s request, this shall constitute, in deviation from the above provisions, a binding offer to enter into a contract, insofar as this is not non-binding information on available accommodation and prices. In such cases, the contract shall come into effect without requiring a corresponding reconfirmation by the Guest House, if the Guest accepts this offer within a period of time stated in the offer, if applicable, without any restrictions, changes or extensions, by means of an express declaration, down payment, final payment or use of the accommodation.
2.6. For bookings made on the Internet, the following shall apply to the conclusion of the contract:
2.6.1. By pressing the button (the button) “book with obligation to pay”, the guest offers the guesthouse the binding conclusion of the guest accommodation contract. The guest will immediately receive an electronic confirmation of the receipt of his booking.
2.6.2. The transmission of the contract offer by pressing the button
2.6.3. “book with obligation to pay” does not constitute a claim of the guest to the conclusion of a guest accommodation contract in accordance with his/her booking details. Rather, the guesthouse is free to decide whether or not to accept the guest’s contractual offer.
2.6.4. The contract is concluded upon receipt of the booking confirmation by the guest.
2.6.5. If the booking confirmation is made immediately after the Guest has made the booking by pressing the button “book with obligation to pay” and by corresponding display of the booking confirmation on the screen (booking in real time), the Guest Accommodation Agreement shall come into effect upon receipt and display of this booking confirmation by the Guest. In this case, the guest is offered the option to save and print the booking confirmation. However, the binding nature of the guest accommodation contract is not dependent on the guest using these options for saving or printing. As a rule, the guest will also receive a copy of the booking confirmation by e-mail, e-mail attachment, mail or fax. However, such an additionally transmitted booking confirmation is not a prerequisite for the legally binding nature of the guest accommodation contract.
3. Prices and services
3.1. The prices stated in the booking basis (offer of Guest House, Internet) are final prices and include the statutory value added tax and all ancillary costs. Unless otherwise stated with regard to additional costs, the following costs may be incurred or shown separately: spa tax and fees for services billed according to consumption (e.g. electricity, gas, water, firewood) and for optional and additional services that are booked or used on site.
3.2. The services owed by the guesthouse result exclusively from the content of the booking confirmation, the information on the accommodation and the services of the guesthouse in the booking basis and from any supplementary agreements expressly made with the guest.
4. Payment
4.1. The due date of down payment and final payment shall be determined by the agreement made between the Guest and the Guesthouse and noted in the booking confirmation. If no special agreement has been made, the entire accommodation price, including charges for incidental expenses and additional services, shall be due and payable to the Guest House at the end of the stay.
4.2. After conclusion of the contract, the Guest House may demand a down payment of up to 20% of the total price of the accommodation services and booked additional services, unless otherwise agreed in the individual case regarding the amount of the down payment.
4.3. In the case of stays of more than 1 week, the Guest House may, after the expiry of such week, invoice and make payable the remuneration for past days of stay as well as for additional services (e.g. catering services not included in the accommodation price, withdrawals from the minibar).
4.4. Payments in foreign currencies are not possible. Payments at the end of the stay are not possible by bank transfer.
4.5. If the guest does not make an agreed down payment or does not make it in full within the specified period despite a reminder from the Guest House setting a reasonable deadline, the Guest House shall be entitled to withdraw from the contract with the guest and to demand withdrawal costs from the guest in accordance with Section 6 of these Terms and Conditions, insofar as the Guest House itself is willing and able to provide the contractual services and insofar as no legal or contractual right of retention exists on the part of the guest.
4.6. Payments are processed via the Nexi Germany GmbH, among others. Their info can be found at https://www.nexigroup.com/DSGVO. As the responsible party in the sense of Art. 4 (7) DS-GVO, Nexi Germany GmbH must provide information in accordance with Art. 13 DS-GVO.
5. Arrival and departure
5.1. Booked rooms are available to the guest from 2:00 p.mhe. The arrival of the guest must take place at the latest by 2:00 p.m. without any special agreement.
5.2. For later arrivals applies:
5.2.1. The guest is obligated to inform the guesthouse by 2:00 p.m. at the latest or at the agreed time of arrival if he/she arrives late or, in the case of stays lasting several days, does not wish to move into the booked accommodation until a subsequent day.
5.2.2. If no notification is made in due time, the Guest House shall be entitled to occupy the accommodation otherwise. For the period of non-occupancy, the provisions on withdrawal or non-arrival of the guest in these guesthouse terms and conditions shall apply accordingly.
5.2.3. For occupancy periods in which the guest does not make use of the accommodation due to late arrival, the provisions regarding the guest’s withdrawal or non-arrival in these Terms and Conditions of Accommodation shall apply accordingly. The guest shall not have to make any payments to the Guest House for such periods of occupancy if the Guest House is contractually or legally liable for the reasons for the later arrival or the non-occupancy.
5.2.4. The guest must check out at the agreed time and without special agreement no later than 11:00 a.m. on the day of departure. In the event that the accommodation is not vacated in due time, Gästehaus may charge an additional fee accordingly. An extension of the stay is possible upon request and subject to availability and will be charged with 80% of the daily rate until 2 p.m. and with 100% of the daily rate until 5 p.m..
5.2.5. The Guest House reserves the right to claim further damages. A claim for the use of the accommodation facilities after 11:00 a.m. on the day of departure exists only in the case of a general notice of the hotel in this regard or an agreement made with the hotel in the individual case.
6. Cancellation and no-show
6.1. In the event of cancellation or non-arrival by the guest, the guesthouse’s claim to payment of the agreed price of the stay, including the catering portion and charges for additional services, shall remain in effect. This does not apply if the guest has been granted a right of withdrawal free of charge in individual cases and the guesthouse receives the guest’s declaration of the exercise of this right of withdrawal free of charge in due time. The declaration does not require a specific form.
6.2. The Guest House shall endeavor to find another use for the accommodation within the scope of its ordinary business operations, without any obligation to make special efforts and taking into account the special character of the booked accommodation (e.g. non-smoking room, family room).
6.3. Insofar as the Guest House is able to find alternative occupancy for the period booked by the Guest, the Guest shall have the income from such alternative occupancy, insofar as such alternative occupancy is not possible, saved expenses credited against its claim under Section 6.1.
6.4. According to the percentages recognized by case law for the assessment of saved expenses, the guest is obligated to pay the following amounts to the guesthouse, taking into account any amounts to be credited pursuant to Section 6.3, in each case based on the total price of the accommodation services (including all ancillary costs), but without taking into account spa fees:
- For overnight stay without meals 90%
- For overnight stay/breakfast 80%
- For half board 70%
- For full board 60%
6.5. The guest expressly reserves the right to prove to the guesthouse that the expenses saved are significantly higher than the deductions taken into account above, or that the accommodation services or other services have been used for other purposes. In the event of such proof, the guest is only obliged to pay the correspondingly lower amount.
6.6. The guest is strongly recommended to take out travel cancellation insurance.
6.7. In the interest of the guest, the declaration of withdrawal should be made in text form.
7. Obligations of the guest; cancellation by the guest and the host
7.1. Unless otherwise agreed, the accommodation can only be used by the guest(s) for whom it was booked. Any other occupancy, in particular subletting, is not permitted.
7.2. The guest is obligated to observe the house rules, which have been made known to him or of which he had a reasonable opportunity to become aware due to corresponding notices.
7.3. The guest is obligated to immediately notify the Guest House of any defects and disturbances and to demand remedy. If the guest culpably fails to notify the Guest House of such defects, the guest’s claims against the Guest House may be forfeited in whole or in part.
7.4. The guest may only terminate the contract in the event of significant defects or disruptions. The Guest shall first set Gästehaus a reasonable period of time to remedy the defect within the scope of the notice of defect, unless the remedy is impossible, is refused by Gästehaus or the immediate termination is objectively justified by a special interest of the Guest recognizable to Gästehaus or the continuation of the stay is objectively unreasonable for the Guest for such reasons.
7.5. Bringing and accommodating pets in the accommodation is only permitted in the case of an express agreement in this regard, if the Guest House provides for this possibility in the advertisement. Within the framework of such agreements, the guest is obligated to provide truthful information about the type and size of the pet. Violations of this obligation may entitle the Guest House to terminate the accommodation contract for cause.
7.6. The Guest House may terminate the accommodation contract without notice if the Guest or his fellow travelers, notwithstanding a warning, persistently disturbs the operation, other guests or the performance of the stay, or if the Guest or his fellow travelers behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified.
8. Non-smoking in the hotel
The Guest House is a non-smoking house. It is therefore prohibited to smoke in the public areas as well as in the guest rooms. Smoking e-cigarettes is also not permitted. In the event of a violation, the guesthouse has the right to demand an amount of 150 € from the guest as compensation for the separate cleaning costs to be incurred, including any loss of revenue resulting from the room not being able to be rented out. The guesthouse reserves the right to claim further damages. The guest is allowed to prove that the guesthouse has not incurred any damage or that the damage is significantly less.
9. Long-term stays
Changes to the room furnishings and/or furniture (e.g. installation of shelves or pictures) are not permitted, even during long-term stays, without the written consent of the management. The guesthouse reserves the right to charge for the effort to restore the original furnishings.
10. Brought food and drinks
In the public areas the consumption of brought food and beverages is prohibited. Breakfast as part of the breakfast buffet can only be taken in the designated rooms of the public area (bar, terrace). It is not possible to take away the offered breakfast components of the breakfast buffet. It is forbidden to prepare food in the rooms, except in the rooms equipped with kitchen facilities (can be booked separately).
11. Limitation of liability
11.1. The liability of the Guest House under the guest accommodation contract pursuant to § 536a of the German Civil Code (BGB) for damages that do not result from injury to life, limb or health is excluded unless it is based on an intentional or grossly negligent breach of duty on the part of the Guest House or one of the legal representatives or vicarious agents of the Guest House.
11.2. The possible innkeeper’s liability of the Guest House for objects brought into the Guest House according to §§ 701 ff. BGB (German Civil Code) shall remain unaffected by this provision.
11.3. The Guest House shall not be liable for service disruptions in connection with services that are recognizably provided to the guest as third-party services during the stay (e.g. excursions, tickets, tickets for transportation services, sporting events, theater visits, exhibitions, etc.). The same applies to third-party services that are arranged by the Guest House together with the booking of the accommodation, insofar as these are expressly identified as third-party services in the invitation to tender or the booking confirmation.
12. Alternative Dispute Resolution; Choice of Law and Place of Jurisdiction
12.1. With regard to the Consumer Dispute Resolution Act, the Guest House points out that it currently does not participate in any voluntary consumer dispute resolution. If participation in a consumer dispute resolution scheme becomes mandatory for the Guest House after these Terms and Conditions of Accommodation have gone to print, the Guest will be informed of this in an appropriate manner. For all guest accommodation contracts concluded in electronic legal transactions, reference is made to the European online dispute resolution platform https://ec.eu ropa.eu/consumers/odr/.
12.2. The contractual relationship between the Guest House and the Guest shall be governed exclusively by German law. The same shall apply to any other legal relationship.
12.3. The Guest may sue the Guest House only at its registered office.
12.4. The Guest’s place of residence shall be decisive for legal actions of the Guest House against the Guest. For lawsuits against guests who are merchants, legal entities under public or private law or persons who have their place of residence/business or habitual abode abroad, or whose place of residence/business or habitual abode is unknown at the time the lawsuit is filed, the place of jurisdiction shall be the registered office of the Guest House.
12.5. The foregoing provisions shall not apply if and to the extent that non-mandatory provisions of the European Union or other international provisions are applicable to the contract.
Host is:
Gästehaus am Schloss Schwetzingen Betriebs GmbH
Administration:
Gerhart-Hauptmann-Str. 28
69221 Dossenheim
Hotel address:
Karlsruher Str. 3
68723 Schwetzingen
Phone: +49 6202 – 92990-0
Fax: +49 6202 – 92990-299
E-Mail: info (at) gaeste-schloss.de
Managing director: Stefan Hanselmann
Register court: Amtsgericht Mannheim – HRB 721911
