Conditions

General terms and conditions for the accommodation contract

from the Pension Frech

With your booking, these conditions in the version valid at the time the contract is concluded become part of the contract concluded with Pension Frech (hereinafter: accommodation facility), unless different individual agreements have been made in the respective contract.

We therefore ask you to read the following conditions carefully.

1. Subject matter and parties to the contract

1.1 These terms and conditions apply to the contracts concluded with the accommodation company for the rental of rooms for guest accommodation as well as the services provided by the accommodation company.

1.2 The customer's terms and conditions only apply if this has been agreed in advance.

1.3 With the booking, which can be made verbally, in writing, by telephone, by fax, via the Internet or by e-mail, the guest offers the accommodation facility the conclusion of a binding contract.

1.4 The contract with the accommodation provider comes into being when the accommodation provider accepts the guest's application. The accommodation company is free to confirm the room booking in writing. The accommodation company can be represented by an intermediary (e.g. the local tourist information office) for the conclusion of the contract.

1.5 If the content of the booking confirmation differs from the content of the offer, the booking confirmation contains a new offer to the booking guest, which the guest can accept within a period of 10 days to the accommodation provider or its representative. During this period, the accommodation company or its representative are bound by the content of this new offer. The declaration of acceptance can be made expressly or through conclusive action (e.g. payment of the booking amount) towards the accommodation provider or its representative.

1.6 Contracting parties are the customer and the accommodation facility. If a third party has ordered for the customer, he and the customer are jointly and severally liable to the hotel for all obligations arising from the accommodation contract, provided that the accommodation company has a corresponding declaration from the third party.

2. Services and travel, prices, obligations

2.1 Obligations of the accommodation company

The accommodation company is obliged to make the booked accommodation available from the agreed time and for the agreed duration and to provide the further agreed services. If the accommodation provider has not confirmed the provision of certain rooms in writing, the guest has no right to the provision of certain rooms.

The booked accommodation will be kept free by the service provider until 6 p.m. on the day of arrival. The guest is obliged to inform the service provider in good time about an expected later arrival.

If the guest has already made a deposit or full payment or if the credit card number was given when booking, the accommodation will be kept free beyond this period.

2.2 The guest's obligations to perform

The guest is obliged to accept the booked accommodation and to pay the applicable or agreed accommodation price. This also applies to services and expenses of the accommodation facility towards third parties initiated by the guest or the customer.

On the agreed departure date, the rooms must be vacated and made available by 12:00 noon at the latest. Thereafter, the accommodation provider can charge the daily room rate for the additional use of the room in addition to the damage it incurs. The guest is free to prove to the accommodation company that it suffered no or significantly lower damage.

2.3 Prices and price adjustments

The relevant price list with the respective tariffs and service descriptions or the contractual agreement is decisive. Otherwise, services and tariffs are subject to change.

The agreed prices include the statutory value added tax.

The accommodation company is entitled to increase the contractually agreed price appropriately, but no more than 10 percent, if the price generally charged by the accommodation company for such services increases and there are more than 4 months between the conclusion of the contract and the fulfillment of the contract.

The prices can also be changed by the hotel if the guest subsequently wishes to change the number of rooms / guests booked, the services of the hotel or the length of stay of the guests and the hotel agrees to this.

2.4 Further contractual obligations and obligations of the guest

The guest may only use the booked accommodation as intended and must use the rooms and furnishings with care and, if available, in accordance with the provisions of usage or house rules.

Unless otherwise agreed, the accommodation can only be used by the guest and the other persons specified in the booking confirmation. Surrender of use to third parties and in particular subletting require the prior written consent of the accommodation provider.

The traveler is obliged to notify the accommodation facility immediately of any defects, disruptions and impairment of use and to request remedial action. Claims by the guest do not lapse if the complaint incumbent on the guest is not made through no fault of the guest.

If the stay is significantly impaired as a result of a defect or a disruption, the guest must give the accommodation facility a reasonable period of time to remedy the situation. After the deadline has expired without result, the guest is entitled to extraordinarily terminate the contract with immediate effect. A deadline for remedial action is not required if the accommodation establishment seriously and definitively refuses to remedy the situation, if the remedy is impossible or if the guest cannot reasonably be expected to continue their stay or if the guest has a particular interest in the extraordinary termination that is recognizable for the accommodation establishment.

Bringing pets requires prior agreement with the accommodation provider. The type and size of the pet and, in the case of several animals, their number must be stated. The guest is liable for the animals he has brought with him in accordance with the rules on liability of the animal owner.

3. Payment, set-off and securities

3.1 Maturity of the accommodation price and down payment

Unless otherwise agreed, accommodation services including ancillary, consumption and additional costs (e.g. minibar, telephone, video) are to be paid directly to the accommodation provider on the day of departure.

Even without a separate agreement, the accommodation provider is entitled to request a deposit of 10 to 30 percent of the booking amount from the guest. He is also entitled to make claims accrued during the guest's stay due at any time by issuing an interim invoice and to demand immediate payment.

Invoices from the accommodation facility are payable immediately upon receipt without any deductions. 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. If the guest is a consumer, this only applies if these consequences have been specifically pointed out in the invoice.

In the event of default in payment, the hotel is entitled to charge default interest to consumers at a rate of 5% above the base rate and, in business transactions, to charge default interest to companies amounting to 8% above the base rate.

The lodging establishment reserves the right to assert higher damages.

For each reminder after the occurrence of default, the accommodation establishment can charge a reminder fee of 5.00 euros.

3.2 Credit cards, checks and other means of payment

In each individual case, the accommodation provider is free to decide whether and which credit card to accept on presentation. This also applies if a general acceptance of credit cards is indicated by notices or information provided by the staff.

Credit cards, checks or other means of payment are only accepted on account of performance.

3.3 Offsetting

The guest can only offset or reduce an undisputed or legally binding claim against a claim by the accommodation facility.

3.4 Securities

If a guest does not pay the agreed booking amount or does not pay in time, the accommodation establishment has a right of lien on the items brought in by the guest to secure its claims from the service provided, including the expenses. He has the right to withhold the items subject to the lien until payment and, if necessary, to use them to satisfy his claims in accordance with the statutory provisions.

4. Change in service or deviation

After the conclusion of the contract, there may be a necessary change or deviation from the contractually owed content of the booked service in rare, urgent cases. Such changes are only permitted if the changes or deviations are not significant, do not lead to a significant deviation from the contractually agreed service and there is an objective justification for the deviation.

An insignificant and reasonable deviation is usually present, for example, if the service provider provides the guest with adequate substitute accommodation for an accommodation service because the rented room has become unusable or important operational reasons necessitate the relocation.

The accommodation company or its representative are obliged to inform the guest immediately about changes or deviations with regard to the contractually agreed service. The guest is to be given the opportunity to rebook free of charge or, if such is impossible for reasons for which the accommodation provider is not responsible, to offer a free cancellation of the booking.

If the accommodation provider is forced to cancel an accommodation service for urgent reasons, it is obliged to ensure that the guest immediately receives another, at least equivalent, accommodation. If the cancellation does not take place until the day of arrival or if the guest only learns of the cancellation upon arrival, the accommodation provider must arrange for replacement accommodation within a period of 4 hours.

Any additional costs incurred for replacement accommodation will be borne by the respective service provider.

In the case of a permissible change, the other rights (in particular reduction and compensation) remain unaffected.

5. Withdrawal from the contract and no-show

5.1 Resignation of the guest

The guest can withdraw from the contract at any time up to the beginning of the booked service by declaring to the accommodation provider. To avoid misunderstandings, the declaration of withdrawal should be made in writing by post, fax or email.

If the guest withdraws from the booking or does not make use of the booked service, the guest's obligation to pay the booking amount / the accommodation price remains in effect.

The accommodation company will endeavor to occupy the accommodation elsewhere as part of its normal business operations, although it is not obliged to make any special efforts to rent it to other parties.

In the event of any other occupancy, the accommodation establishment has to allow this to be taken into account. If a different occupancy could not be achieved, the accommodation company has to have the saved expenses offset.

For the assessment of these saved expenses in the case of accommodation services, the case law has recognized the following guide values to be paid by the guest to the accommodation facility:

Booked service: Quota:

Apartments and accommodation without meals 90%

Overnight stay with breakfast 80%

Half board 70%

Full board 60%

The quoted rate refers to the full booking price including all ancillary costs, whereby any public taxes such as tourist tax and tourist tax are not taken into account.

The guest expressly reserves the right to prove that another occupancy has taken place or that the expenses saved by the accommodation facility were significantly higher than the amounts taken into account in the above flat rates. In this case, the guest is only obliged to pay the lower costs.

In order to avoid unnecessary costs in the event of unforeseeable prevention of the start of the journey, we urgently recommend taking out travel cancellation insurance.

5.2 Withdrawal / termination of the accommodation facility

If the guest has been granted the right to withdraw free of charge, the accommodation provider 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 does not finally confirm the booking of the hotel upon request from the hotel.

The accommodation establishment has the right to withdraw from the contract if an agreed advance payment or security deposit is not made within the deadline set for this.

Furthermore, the accommodation company is entitled to withdraw from or terminate the contract for an important reason. Important reasons include (but are not limited to):

- the failure to provide a service due

- the impossibility of fulfilling the contract due to force majeure or other circumstances for which the accommodation provider is not responsible

- an unauthorized subletting or re-letting,

- the booking of the room with misleading or false information about essential facts, e.g. the guest or the purpose or

- if the accommodation company has justified reason to believe that the use of the accommodation service may jeopardize the smooth running of business, the security or the public image of the accommodation company or its guests and that this risk does not arise from the danger area of the accommodation company.

The accommodation company must inform the guest in writing of the exercise of the right of withdrawal immediately, at the latest 14 days after the reason becomes known.

In the aforementioned cases of withdrawal, the guest is not entitled to compensation or other compensation.

Any claim of the accommodation company for compensation for damage it has suffered and the expenses it incurs remains unaffected in the event of the justified termination of the contract.

6. Early termination of the contract

If the contract is concluded for a specific period, the contract ends when the agreed time expires.

In the event of early termination of the contract by the guest, the accommodation establishment's entitlement to the full booking amount remains unaffected. However, within the scope of its normal business operations, the accommodation facility will endeavor to use the contractually agreed but not used service for other purposes, whereby it is not obliged to make any special efforts.

The contract with the accommodation provider ends with the death of the guest.

7. Liability

7.1 Liability for contractual obligations

The accommodation company is liable for its obligations under the contract with the care of a prudent businessman.

Claims of the guest for damages are excluded.

Excluded from this are damage resulting from injury to life, limb or health if the accommodation provider is responsible for the breach of duty, as well as other damage based on an intentional or grossly negligent breach of duty by the accommodation provider and damage caused by an intentional or negligent breach are based on typical contractual obligations of the accommodation provider.

Mandatory liability under the Product Liability Act and liability from a guarantee assumed by the hotel also remain unaffected.

A breach of duty by the accommodation provider is equivalent to that of a legal representative or vicarious agent.

In the event of disruptions or deficiencies in the services of the accommodation establishment, the latter will endeavor to remedy the situation if the guest becomes aware of them or if the guest complains immediately.

The guest is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. In addition, the guest is obliged to inform the accommodation establishment in good time of the possibility of exceptionally high damage.

7.2 Liability for items brought in

The accommodation facility is liable to the guest for items brought in according to the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500 and for money, securities and valuables up to € 800.

Money, securities and valuables can be stored in the hotel safe up to a maximum value of € 10,000.00 or in the room safe up to a value of € 800.00. The accommodation company recommends making use of this option.

The liability claims expire if the guest does not notify the accommodation facility immediately after gaining knowledge of loss, destruction or damage (§ 703 BGB). For further liability on the part of the accommodation facility, the above Clause 7.1 Paragraphs 2 to 4 apply accordingly.

7.3 Damage to parking spaces

If the guest is provided with a parking space in the garage or on a parking lot of the accommodation facility for a fee or free of charge, this does not result in a custody contract. There is no monitoring obligation on the part of the accommodation company.

In the event of loss of or damage to vehicles parked or maneuvered on the property of the accommodation facility and their contents, the accommodation facility is only liable in the event of intent or gross negligence on its part. Item 7.1 Paragraphs 2 to 4 apply accordingly.

7.4 Wake-up calls, post and consignments of goods

Wake-up calls are carried out by the accommodation provider with the greatest care.

Messages, mail and merchandise deliveries for guests are handled with care. The accommodation facility will deliver, store and - on request - forward the same for a fee. The above number 1 sentences 2 to 4 apply accordingly.

8. Statute of Limitations

8.1 The guest's claims against the accommodation facility, regardless of the legal basis - except for claims arising from an unlawful act - expire after one year. Claims from an unauthorized act become statute-barred according to the statutory rules.

8.2 The statute of limitations begins at the end of the year in which the claim arose and the guest became aware of the circumstances giving rise to the claim and of the accommodation facility as the debtor or would have to become aware of it without gross negligence.

8.3 If negotiations are pending between the guest and the accommodation facility about the claim or the circumstances giving rise to the claim, the statute of limitations is suspended until the guest or the accommodation facility refuses to continue the negotiations. The statute of limitations begins at the earliest three months after the end of the suspension.

9. Data protection

9.1 The accommodation facility collects and processes personal data exclusively to process the guest's bookings. All guest data is saved and processed in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).

9.2 The guest has the right to free information, correction, blocking and deletion of his stored data at any time.

9.3 The personal data he has provided will only be used to justify and carry out the accommodation service and to carry out the other services booked. The accommodation company is entitled to pass on this data to third parties in order to carry out inquiries, bookings and to process payments.

9.4 Until further notice, the accommodation facility is entitled to collect, process and use the personal data collected for the purposes of advice, advertising, market research and the needs-based design of offers or services. The revocation can be declared informally to the accommodation provider at any time.

10. Final provisions, place of jurisdiction and applicable law

10.1 Changes or additions to the contract, the acceptance of applications or these terms and conditions for the accommodation contract should be made in writing. Unilateral changes or additions by the customer are invalid.

10.2 German law applies exclusively to the entire legal and contractual relationship between the accommodation facility and guests who do not have a general place of residence or business in Germany. The application of the UN sales law and the conflict of laws is excluded.

10.3 Lawsuits against the accommodation provider are to be brought at its headquarters.

10.4 For actions brought by the accommodation establishment against the guest, the guest's place of residence is decisive, unless the action is directed against registered traders, legal entities under public or private law or persons who have moved their residence or habitual place of residence abroad after the conclusion of the contract, or whose place of residence or habitual abode is not known at the time the action is brought. In these cases, the domicile of the accommodation establishment is decisive.

10.5 Should individual provisions of these general terms and conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.