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The General Terms and Conditions of Hotel Bären, Rottweil

General Terms and Conditions for Accommodation

§1 Scope of application

  1. These terms and conditions shall apply to all contracts with the family of Peter Hugger e. K. HOTEL BÄREN, Hochmaurenstr. 1, D-78628 Rottweil, Tel. +49(0)741/174600, Telefax +49(0)741/1746040, Email: info@baeren-rottweil.de (hereinafter: Hotel) concerning the provision of hotel rooms for accommodation as well as all services provided by the hotel to the customer in this connection.
  2. The use of hotel rooms for purposes other than accommodation is not permitted. Subletting is only permitted with the written consent of the hotel.
  3. The customer’s general terms and conditions shall only apply if this has been agreed in writing.

§2 Conclusion of contract

The contract between the hotel and the customer is concluded when the hotel confirms the customer’s booking request.

§3 Services, Rate, Payment

  1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services. Unless otherwise agreed, the reception desk is open for check-in from 3pm to 9pm and for check-out from 7am to 11am.
  2. As a Garni Hotel we serve cold and warm drinks as well as snacks during reception opening hours without special agreement.
  3. There is a claim to use the hotel parking spaces or the hotel garage if this was agreed when the accommodation contract was concluded. In all other respects, use is possible subject to availability. Our General Terms and Conditions for Hotel Parking and Hotel Garage apply.
  4. The customer is obliged to pay the hotel’s agreed rates for the provision of rooms and other services used. This also applies to services commissioned or used by the customer, which are provided by third parties and disbursed by the hotel.
  5. The agreed rates include the taxes and local levies applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the guest according to the respective municipal law and which are collected by the hotel, such as visitor’s tax. In the event of a change in the statutory value-added tax or the introduction, change or abolition of local taxes on the object of performance after conclusion of the contract, the rates shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and fulfilment of the contract exceeds four months.
  6. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the duration of the customer’s stay requested by the customer dependent on the rate for the rooms and/or for the hotel’s other services increasing.
  7. The hotel shall be entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
  8. In well-founded cases, e.g., payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled to demand an advance payment or security deposit within the meaning of paragraph (7) or an increase in the advance payment or security deposit agreed in the contract until the full agreed remuneration, even after conclusion of the contract and until the start of the stay.
  9. The customer may only offset or settle undisputed or legally established claims against a claim of the hotel.

§4 Cancellation by the customer / Non-use of booked services

  1. The customer may only withdraw from the contract concluded with the hotel (also referred to as cancellation) if a right of withdrawal was expressly agreed in the booking confirmation, if another statutory right of withdrawal exists or if the hotel agrees.
  2. If the right of withdrawal has been limited in time, the contract shall expire without any payment or compensation claims on the part of the hotel if the hotel receives the declaration of withdrawal by the end of the period.
  3. If the customer does not make use of the services of an existing contract, the hotel shall retain the right to the agreed remuneration. The hotel shall offset the saved expenses. The hotel shall be entitled to charge a flat-rate deduction for saved expenses instead of a concrete invoice. In this case, the customer shall be obliged to pay 90 % of the contractually agreed rate for overnight accommodation with or without breakfast. The customer shall have the right to prove that the aforementioned claim did not arise or did not arise in the required amount.

§5 Cancellation/ Withdrawal by the Hotel

  1. If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon request of the hotel with an appropriate deadline.
  2. The hotel shall also be entitled to withdraw from the contract if:
    • an advance payment or provision of security agreed or demanded pursuant to § 3 (7) and/or (8) shall not be made even after expiry of a reasonable grace period set by the hotel
    • force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
    • rooms are booked culpably under misleading or false statements or concealment of essential facts; the identity of the customer, the solvency or the purpose of the stay may be essential in this respect;
    • the hotel has good reason to believe that the use of the service may jeopardize the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
    • the customer has made untrue statements at the time of booking and, for example, has made a group booking in individual transactions. For groups of 8 persons or more, different cancellation and payment conditions apply than for individual bookings.
    • the purpose or cause of the stay is unlawful;
    • a violation of § 1 Abs. (2) is present.
  3. The justified withdrawal of the hotel shall not entitle the customer to claim damages.
  4. Further statutory rights of withdrawal and termination shall remain unaffected.

§6 Room selection, arrival and departure

  1. The customer shall not acquire any claim to the provision of specific rooms unless this has been expressly agreed.
  2. Booked rooms are available to the customer from 3pm on the agreed day of arrival. The customer is not entitled to earlier availability unless another arrangement has been expressly agreed.
  3. On the agreed day of departure, the rooms shall be vacated and made available to the hotel by 11am at the latest. Thereafter, the Hotel may charge 50% of the full accommodation price (list price) until 6pm, due to the delayed vacating of the room for its use in excess of the contract, and 90% from 6pm onwards. This shall not constitute any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has not lost any usage fee.

§7 Liability of the Hotel

  1. The hotel shall be liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of contract-typical obligations by the hotel. A breach of duty on the part of the hotel is equivalent to a breach of duty on the part of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in § 7. Should disruptions or defects occur in the hotel’s services, the hotel shall attempt to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum.
  2. The hotel shall be liable to the customer in accordance with the statutory provisions for items brought into the hotel. The hotel recommends the use of the hotel safe or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 EUR or other items with a value of more than 3.500 EUR, this shall require a separate storage agreement with the Hotel.
  3. If a parking space is made available to the customer in the hotel garage or on the hotel parking lot, even against payment, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel shall only be liable in accordance with § 7 (1) sentences 1 to 4. Otherwise, our General Terms and Conditions for Hotel Parking and Hotel Garage shall apply to the use of the parking spaces.
  4. If the hotel provides technical facilities without additional charge, this shall be done to the exclusion of any liability and warranty. This applies in particular to the provision of telephone, WiFi and LAN Internet connections and the Skye television programs.
  5. Wake-up orders shall be executed carefully. Messages, mail and consignments of goods for the guests will be handled carefully. The hotel shall be responsible for delivery, storage and – if requested – forwarding of the same for a fee. The hotel shall be liable only in accordance with § 7 para. 1, sentences 1 to 4.

§8 Final provisions

  1. Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.
  2. The place of performance for the hotel’s services and the customer’s payments shall be the registered office of the hotel, irrespective of the agreed method of payment.
  3. Exclusive international and local place of jurisdiction for all legal disputes arising from the Accommodation Agreement – including disputes over cheques and bills of exchange – shall be the registered office of the hotel if the customer is a merchant or legal entity under public law or has no general place of jurisdiction in Germany.
  4. The accommodation contract shall be governed exclusively by German law.
  5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

General Terms and Conditions for Hotel Car Parks and Hotel Garages

§1 Scope of application, License agreement

  1. These terms and conditions apply to the use of the hotel parking spaces of the family of Peter Hugger e. K. HOTEL BÄREN, Hochmaurenstr. 1, D-78628 Rottweil, Tel. +49(0)741/174600, Telefax +49(0)741/1746040, Email: info@baeren-rottweil.de (hereinafter: Hotel).
  2. The use of the hotel parking spaces and the hotel garage is reserved exclusively for hotel guests. A claim to use exists if this was agreed upon when the accommodation or event contract was concluded. Otherwise, use is only possible within the scope of availability. The hotel has 20 parking spaces in the hotel car park and three parking spaces in the hotel garage.
  3. Upon entering a hotel car park or the hotel garage, a contract of use is concluded between the hotel and the hotel guest for the parking period requested by the hotel guest (hereinafter referred to as “User”), at the longest for the duration of his/her accommodation or absence from an event held in the hotel in accordance with these parking conditions.
  4. Neither guarding nor safekeeping shall be subject of the contract of use. The Hotel shall not assume any care or special duties of care for the items brought in by the User.

§2 Terms of use

  1. The user is obliged to exercise the care required in traffic. Instructions of the hotel staff which serve security or concern the householder’s rights must always be followed immediately. Otherwise, the provisions of the StVO apply accordingly.
  2. Vehicles may only be parked within the marked parking spaces, but not on parking spaces reserved for permanent users or other users by means of information signs. The Hotel shall be entitled to take appropriate measures to relocate or have relocated faulty vehicles at the expense of the User. In this case, the user can prove that the costs have not been incurred or are significantly lower than the flat rate.
  3. The Hotel shall also be entitled to remove the User’s vehicle from the parking area in the event of imminent danger.
  4. It is recommended that every user always carefully lock his vehicle after leaving it and not leave any valuables behind.
  5. The opening hours can be found on the corresponding notices.

§3 Safety and regulations

  1. In the parking area, the vehicle may only be driven at walking speed.
  2. Not permitted in the parking area are:
    • smoking and the use of fire,
    • the storage of fuel, fuel containers and flammable objects,
    • the unnecessary running of engines,
    • the parking of vehicles with leaking tanks or carburetors,
    • the refueling, repairing, washing, interior cleaning of vehicles,
    • the discharge of cooling water, fuels or oils,
    • the distribution of advertising material.
  3. Persons may stay in the parking area only for the purpose of parking, loading and unloading and collecting vehicles.
  4. The user must immediately remove any impurities caused by him.

§4 Charges and parking time

  1. The use of the parking spaces in the hotel car park is free of charge. The parking fee to be paid for the parking spaces in the hotel garage is shown in the price list valid at the time.
  2. The parking period is limited to the duration of the agreed accommodation or participation in an event, unless a special agreement is made in individual cases. Upon expiry of the parking period, the usage relationship shall end without any notice of termination being required.
  3. Once the parking period has expired, the hotel shall be entitled to have the vehicle removed from the parking area at the user’s expense, provided that the user and/or vehicle owner has been notified in writing at least two calendar days in advance and no results have been achieved. The Hotel shall be entitled to the agreed fee until the vehicle has been removed.

§5 Liability of the hotel

  1. The hotel shall only be liable for damage that can be proven to have been caused intentionally or through gross negligence by the hotel or its vicarious agents. This limitation of liability shall not apply in the event of injury to life, limb or health or in the event of breach of contract-typical obligations.
  2. The user is obliged to notify the hotel immediately of any damage to his vehicle.
  3. The hotel excludes any liability for damages caused by other users or other third parties. This applies in particular to damage, destruction or theft of the parked vehicle or movable/installed objects from the vehicle or objects attached to or on the vehicle.
  4. If the user is a hotel guest and the hotel assumes the parking or collection of the vehicle at the request of the user, this shall also not constitute a safekeeping agreement and no monitoring obligation, as this is merely a favor of the hotel towards the guest. Damage caused to other vehicles or objects in the process is to be settled via the motor vehicle liability insurance of the user/vehicle owner. Furthermore, the hotel and the driver commissioned by the hotel shall not be liable for damage directly caused to the user’s vehicle or for any financial disadvantages in connection with the settlement of damage to the other vehicles or items via the user/vehicle owner’s motor vehicle liability insurance (deductibles, premium increases, etc.), unless the driver commissioned by the hotel has caused the damage intentionally or through gross negligence.

§6 Liability of the user

  1. The user shall be liable for damages culpably inflicted on the hotel by himself or by his vicarious agents, his agents or his accompanying persons. He is obliged to report such damage to the hotel without being requested to do so before leaving the parking area.
  2. The user shall be liable for the cleaning costs incurred in the event of contamination of the parking area caused by him as defined in § 3 – 2.

General Terms and Conditions for Events

§1 Scope of application

  1. These terms and conditions apply to all contracts with the family of Peter Hugger e. K. HOTEL BÄREN, Hochmaurenstr. 1, D-78628 Rottweil, Tel. +49 (0)741/174600, Telefax +49 (0)741/1746040, Email: info@baeren-rottweil.de (hereinafter: Hotel) concerning the rental of conference, banquet and event rooms of the Hotel for the holding of events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as all services rendered by the Hotel for the Customer in this connection.
  2. The use of the rooms provided for other than the agreed purposes is not permitted. Subletting is only permitted with the written consent of the hotel.
  3. The Customer’s General Terms and Conditions shall only apply if this has been agreed in writing.

§2 Conclusion of contract

The contract between the hotel and the customer is concluded when the hotel confirms the customer’s booking request.

§3 Services, Rate, Payment

  1. The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
  2. A claim to use of the hotel parking spaces or the hotel garage shall exist if and to the extent that this was agreed upon when the event contract was concluded. In all other respects, use is possible subject to availability. Our General Terms and Conditions for Hotel Parking and Hotel Garage apply.
  3. The customer is obliged to pay the hotel’s agreed or valid rates for the services agreed upon or used. This shall also apply to services commissioned or used by the customer which are provided by third parties and disbursed by the hotel. In particular, this shall also apply to claims by copyright collecting societies.
  4. The agreed rates include the taxes applicable at the time the contract is concluded. In the event of changes to the statutory value-added tax or the introduction, change or abolition of local levies on the object of performance after conclusion of the contract, the rates shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and fulfilment of the contract exceeds four months.
  5. Hotel invoices without a due date shall be payable without deduction within ten days of receipt of the invoice.
  6. Upon conclusion of the contract, the hotel shall be entitled to demand an appropriate advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
  7. In well-founded cases, e.g., payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled to demand an advance payment or security deposit within the meaning of Para. 6 or an increase in the advance payment or security deposit agreed in the contract until the full agreed remuneration, even after conclusion of the contract and up to the beginning of the event.
  8. The customer may only offset or settle undisputed or legally established claims against a claim of the hotel.

§4 Cancellation by the customer / Non-use of booked services

  1. The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel agrees.
  2. If the right of withdrawal has been limited in time, the contract shall expire without any payment or compensation claims on the part of the hotel if the hotel receives the declaration of withdrawal by the end of the period.
  3. If the customer does not make use of the services of an existing contract, the hotel shall retain the right to the agreed remuneration. The hotel shall offset the saved expenses. The hotel shall be entitled to charge a flat-rate deduction for saved expenses instead of a concrete invoice. In this case, the customer shall be obliged to pay at least 90% of the contractually agreed price for the execution of the event. The customer shall have the right to prove that the aforementioned claim did not arise or did not arise in the required amount.

§5 Cancellation by the Hotel

  1. If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked event rooms and the customer does not waive its right to withdraw from the contract upon request of the hotel with an appropriate deadline.
  2. The hotel shall also be entitled to withdraw from the contract if:
    • an advance payment or provision of security agreed or demanded pursuant to § 3 (6) and/or (7) shall not be made even after expiry of a reasonable grace period set by the hotel
    • force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
    • events or rooms are culpably booked with misleading or false statements or concealment of essential facts; the identity of the customer, the solvency or the purpose of the stay may be essential in this respect;
    • the hotel has good reason to believe that the use of the service may jeopardize the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
    • the purpose or cause of the stay is unlawful;
    • there is a violation of § 1 paragraph (2).
  3. The justified withdrawal of the hotel shall not constitute a claim for damages on the part of the customer.
  4. Further statutory rights of withdrawal and termination shall remain unaffected.

§6 Change in the scope and duration of the event

  1. An increase in the number of participants by more than 5 % must be notified to the hotel no later than five working days prior to the start of the event; it requires the consent of the hotel in text form. The invoicing shall be based on an increased payment in the same proportion. If the actual number of participants is lower than agreed, the customer may demand that the fee be reduced by the expenses saved as a result.
  2. The hotel shall be notified of any reduction in the number of participants by more than 5% in good time, at the latest five working days before the start of the event.
  3. If the number of participants is reduced by more than 10%, the hotel shall be entitled to exchange the confirmed rooms, taking into account any deviating room rent, unless this is unreasonable for the customer.
  4. If the customer wishes to change the agreed start or end times of the event and if the hotel agrees to such changes, the hotel shall be entitled to charge the customer for the additional services and expenses incurred as a result.

§7 Technical infrastructure

  1. Unless otherwise agreed, the provision of technical equipment is not included in the event price.
  2. Insofar as the hotel procures technical or other equipment from third parties at the request of the customer, the contracts required for procurement shall be concluded by the hotel in the name and on behalf of and for the account of the customer. The customer shall be liable for careful handling and proper return. He shall indemnify the hotel against all claims of third parties arising from the provision of these facilities.
  3. The use of the customer’s own electrical systems using the hotel’s power grid requires the customer’s consent. Any malfunctions or damage to the hotel’s technical equipment caused by the use of these devices shall be at the customer’s expense insofar as the hotel is not responsible for such malfunctions or damage. The hotel shall be entitled to charge a flat rate for the electricity costs incurred as a result of such use.
  4. The customer is entitled, with the consent of the hotel, to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this (5) If the hotel provides existing technical equipment without additional charge, this shall be done to the exclusion of any liability and warranty. This applies in particular to the existing power and telephone connections, the WiFi and LAN Internet connection, the SKY television programs and the video beamer.

§8 Goods and equipment, food and beverages brought along

  1. The customer is not allowed to bring food and beverages to events. Exceptions require an agreement with the hotel. In such cases, a contribution will be charged to cover overhead costs.
  2. Exhibition or other items, including personal items, carried along by the customer are at the customer’s risk in the event rooms or in the hotel. The hotel assumes no liability for loss, destruction or damage, not even for financial losses, except in cases of gross negligence or intent on the part of the hotel. Damages resulting from injury to life, limb or health are excluded from this. In addition, all cases in which safe custody represents a typical contractual obligation due to the circumstances of the individual case shall be excluded from this exemption from liability.
  3. Decorative materials brought along must comply with fire protection requirements. The hotel is entitled to demand official proof of this. If no such proof is provided, the hotel shall be entitled to remove any material already brought in at the customer’s expense. Due to possible damage, the installation and mounting of objects must be agreed in advance with the hotel.
  4. Any exhibition or other items brought along shall be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer’s expense. If the objects remain in the event room, the hotel shall be entitled to charge an appropriate compensation for use for the duration of the withholding of the room.

§9 Liability of the Hotel

  1. The hotel shall be liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of contract-typical obligations by the hotel. A breach of duty on the part of the hotel is equivalent to a breach of duty on the part of a legal representative or vicarious agent. Further claims for damages shall be excluded unless otherwise stipulated in § 9. Should disruptions or defects occur in the hotel’s services, the hotel shall attempt to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum. Furthermore, the customer shall be obliged to inform the hotel in good time of the possibility of an extraordinarily high loss.
  2. If the customer or the participants of the event are provided with a parking space in the hotel garage or on the hotel parking lot, even against payment, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel shall only be liable in accordance with § 9 (1) sentences 1 to 4. Otherwise, our General Terms and Conditions for Hotel Parking and Hotel Garage shall apply to the use of the parking spaces.

§10 Liability of the customer

  1. If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
  2. The hotel may require the customer to provide an appropriate security deposit, e.g. in the form of a credit card guarantee or a down payment.
  3. The customer’s liability under the statutory provisions shall remain unaffected.

§11 Final provisions

  1. Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.
  2. The place of performance for the hotel’s services and the customer’s payments shall be the registered office of the hotel, irrespective of the agreed method of payment.
  3. Exclusive international and local place of jurisdiction for all legal disputes arising from the Accommodation Agreement – including disputes over cheques and bills of exchange – shall be the registered office of the hotel if the customer is a merchant or legal entity under public law or has no general place of jurisdiction in Germany.
  4. The accommodation contract shall be governed exclusively by German law.
  5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.