Terms of Service

Terms of Service

Hotel "Zur Weinsteige" Stuttgart

General terms and conditions for the hotel accommodation contract

I. Scope

These terms and conditions apply to hotel accommodation contracts as well as all other services and deliveries provided by the hotel for the guest. Deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, do not apply unless they are expressly recognized in writing by the hotel .

II. Conclusion of contract, partners

In response to a booking request from the guest, a hotel accommodation contract (hereinafter referred to as “contract”) is concluded with a corresponding booking confirmation. The contract partners are the hotel and the guest. If a third party makes the booking for the guest, he is liable to the hotel as the customer together with the guest as joint debtor for all obligations under the contract, provided the hotel has a corresponding declaration by the customer. Regardless of this, each customer is obliged to forward all information relevant to the booking, in particular these general terms and conditions, to the guest. The subletting and re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.

III. Services, prices, payment, offsetting

The hotel is obliged to keep the rooms booked by the guest available in accordance with these general terms and conditions and to provide the agreed services. The guest is obliged to pay the hotel's applicable or agreed prices for the provision of rooms and the other services used . This also applies to services and expenses of the hotel towards third parties initiated by the guest or the customer. The agreed prices include the respective statutory sales tax. If the period between the conclusion of the contract and the arrival of the guest exceeds four months and the statutory sales tax or any applicable local taxes and duties increase after the conclusion of the contract, the hotel reserves the right to increase the agreed prices by the amount by which the The hotel can make its consent to a reduction in the number of reserved rooms, the hotel's services or the length of stay of the guest requested by the guest after the conclusion of the contract dependent on the price of the rooms and / or increased for the other services of the hotel. Hotel invoices are due for payment immediately upon receipt without any deductions. The hotel can demand immediate payment of due claims from the guest at any time. The guest is in default at the latest if he does not make payment within 30 days of the due date and receipt of an invoice; this only applies to a guest who is a consumer if these consequences have been specifically pointed out in the invoice. In the event of default in payment, the hotel is entitled to charge consumers default interest at a rate of 5 percentage points above the base rate. In business transactions, the default interest rate is 8 percentage points above the base rate. The hotel reserves the right to assert higher damages. The hotel can charge a reminder fee of EUR 5.00 for each reminder after the occurrence of default. The hotel is entitled to request a reasonable advance payment or security deposit in the form of a credit card guarantee, a deposit or the like from the guest upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. B. If the guest is in arrears or extends the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of paragraph 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after the conclusion of the contract up to the start of the stay demand. The hotel is also entitled to demand an appropriate advance payment or security deposit from the guest at the beginning and during the stay within the meaning of the above paragraph 5 for existing and future claims from the contract, insofar as this has not already been done in accordance with the above paragraph 5 and / or Paragraph 6. The guest can only offset an undisputed or legally established claim against a claim by the hotel.

IV. Withdrawal by the guest, cancellation

The hotel grants the guest the right to withdraw at any time. The following provisions apply: a) In the event that the guest withdraws from the booking, the hotel is entitled to appropriate compensation. Cancellation free of charge is only possible up to 48 hours before the day of arrival. B) The hotel has the option of claiming compensation from the guest in the form of a flat-rate compensation instead of specifically calculated compensation. The flat rate compensation is 100% of the contractually agreed price for overnight stays without breakfast. The guest is free to prove that the hotel has not suffered any damage or that the damage incurred by the hotel is lower than the required flat rate compensation Services to be provided by the hotel less the value of the expenses saved by the hotel as well as what the hotel acquires through other uses of the hotel services If the hotel has given the guest an option in the contract to withdraw from the contract within a certain period of time without further legal consequences, the hotel is not entitled to any compensation. The receipt by the hotel is decisive for the timeliness of the declaration of withdrawal. The guest must declare their withdrawal in writing. Withdrawal by the guest, cancellation of a TABLE RESERVATION or individual reserved spaces in the RESTAURANT a) In the event that the guest withdraws from a table reservation, the restaurant / hotel is entitled to appropriate compensation. Cancellations of individual seats within a table reservation are possible free of charge up to a maximum of 24 hours before the start of the event. Thereafter, a lost minimum turnover from food and beverages (minus cost of goods) of € 55 per person canceled will be charged. b) Cancellations of entire events (reservations for 6 people or more) are only possible free of charge up to 2 weeks before the start of the event. Thereafter, € 55.00 per canceled person (see also IV.4a) will be billed.

V. Resignation of the hotel

If the guest has been granted the right to withdraw free of charge in accordance with Section IV, Paragraph 3, the hotel is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests about the booked rooms and the guest, upon request of the hotel, is entitled to his free right of withdrawal Section IV, Paragraph 3 is not waived. If an agreed advance payment or a security deposit requested in accordance with Section III Paragraphs 5 and / or 6 is not made even after a grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract the hotel is entitled to withdraw from the contract, in particular if force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible; B. with regard to the person of the guest or the purpose; the hotel has justified cause to assume that the use of the hotel service can endanger the smooth business operations, the safety or the reputation of the hotel in public, without this affecting the rule - or to the organizational area of the hotel; there is an unauthorized subletting or re-letting in accordance with Section II, Paragraph 3; a case of Section VI, Paragraph 3 is present; the hotel learns of circumstances that the guest's financial situation has deteriorated significantly after the contract has been concluded in particular if the guest does not settle claims due by the hotel or does not provide sufficient security and therefore the hotel's payment claims appear to be endangered; the guest filed an application for the opening of insolvency proceedings against his assets, submitted an affidavit in accordance with Section 807 of the Code of Civil Procedure, an out-of-court declaration of the Has initiated a debt settlement procedure or has ceased payments; insolvency proceedings are opened against the guest's assets or the opening of the same is refused for lack of assets.

4. The hotel must inform the guest immediately in writing of the exercise of the right of withdrawal

5. In the aforementioned cases of withdrawal, the guest has no right to compensation.

VI. Arrival and departure

The guest is not entitled to the provision of certain rooms, unless the hotel has confirmed the provision of certain rooms in writing. Booked rooms are available to the guest from 3 p.m. on the agreed arrival date. The guest is not entitled to earlier availability. Booked rooms must be occupied by the guest by 6 p.m. on the agreed arrival date at the latest. Unless a later arrival time has been expressly agreed, the hotel has the right to reassign booked rooms after 6 p.m. without the guest being able to derive any claims for compensation. The hotel has the right to withdraw from the contract. On the agreed departure date, the rooms must be vacated and made available to the hotel by 12 noon at the latest. Thereafter, the hotel can charge the daily room rate for the additional use of the room up to 6 p.m. in addition to the damage it incurs as a result, from 6 p.m. 100% of the full applicable room price. The guest is free to prove to the hotel that the hotel incurred no or significantly less damage.

VII. Hotel liability, statute of limitations

Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation upon immediate complaint by the guest. If the guest culpably fails to notify the hotel of a defect, the hotel is not entitled to a reduction in the contractually agreed fee. The hotel is liable in accordance with the statutory provisions for all damage resulting from injury to life, limb and health and in the event that a guarantee is given on the part of the hotel and in the case of fraudulently concealed defects. The hotel is only liable for all other damage that is not covered by Clause VII, Paragraph 2 and that is caused by slightly negligent behavior on the part of the hotel, its legal representatives or its vicarious agents, if they are Damage can be traced back to the breach of an essential contractual obligation or a cardinal obligation in a way that endangers the purpose of the contract. In these cases, liability is limited to the foreseeable damage typical of the contract. The above limitations of liability apply to all claims for damages regardless of their legal basis, including claims from tort. The above limitations and exclusions of liability also apply in the event of any damage claims by a guest against employees or vicarious agents of the hotel. They do not apply in cases of liability for a defect after assuming a guarantee for the quality of an item or a work, for fraudulently concealed errors or for personal injury. The hotel is liable to the guest for items brought in according to the statutory provisions, i.e. up to a hundred times this Accommodation price, but no more than EUR 3,500.00. For valuables (cash, jewelry, etc.) this liability is limited to EUR 800.00. The hotel recommends that you make use of the possibility of storage in the room or central hotel safe. If the guest is provided a parking space in the hotel garage or in a hotel car park, even for a fee, this does not result in a safekeeping contract. There is no monitoring obligation of the hotel. If motor vehicles parked or maneuvered on the hotel property and their contents are lost or damaged, the hotel is not liable unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be reported to the hotel at the latest when leaving the hotel property. Wake-up calls are carried out by the hotel with the greatest care. Claims for damages, except for gross negligence or intent, are excluded. Messages, mail and shipments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward the same for a fee and, upon request, also for lost and found items. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost and found office after a one-month retention period at the latest, subject to a reasonable fee this knowledge no later than three years from the time of the damaging event. This does not apply to liability for damage to life, limb or health or for other damage based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.

VIII. Final provisions

Changes or additions to the contract, the acceptance of applications or these general terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the guest are ineffective. In order to comply with the written form requirements specified in these general terms and conditions, it is sufficient to submit the corresponding declaration by fax or e-mail. The place of performance and payment is the registered office of the hotel. The place of jurisdiction is - if the contractual partner of the hotel is a merchant or a legal entity under public law - the seat of the hotel or, at the option of the hotel Frankfurt am Main. If the contractual partner of the hotel does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office. However, the hotel is entitled to initiate lawsuits and other legal proceedings at the guest's general place of jurisdiction. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void , this does not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

Stand: January 2018