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General Terms and Conditions (GTC) – Hotel Felsenkeller

  • By making a reservation (entering into a hotel accommodation contract), the guest/booker agrees to the hotel’s Terms and Conditions.
  • At the hotel’s request, a valid credit card number or, alternatively, a security deposit must be provided upon arrival. The amount of the deposit depends on the length of the stay and is determined by the hotel. The hotel is also entitled to require payment of the total accommodation costs in advance.

I. Scope

  1. These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging, as well as to all other services and supplies provided to the customer by the hotel (hereinafter referred to as the “Hotel”).

  2. Subletting or subleasing the rooms provided, as well as using them for purposes other than lodging, requires the hotel’s prior written consent; in this regard, Section 540(1), second sentence, of the German Civil Code (BGB) is excluded, provided that the customer is not a consumer.

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

II. Conclusion of the Contract, Contracting Parties; Statute of LimitationsII

  1. The contract is concluded when the hotel accepts the customer's request. The hotel is free to
    confirm the room reservation in writing.

  2. The contracting parties are the hotel and the guest. If a third party has made a reservation on behalf of the guest, that third party is jointly and severally liable with the guest to the hotel for all obligations and liabilities arising from the hotel accommodation contract, provided the hotel has received a corresponding statement
    from the third party.

  3. All claims against the hotel are subject to a statute of limitations of one year from the start of the regular limitation period specified in § 199 l of the German Civil Code (BGB), which is contingent upon the hotel’s knowledge of the claim. Claims for damages are subject to a five-year statute of limitations, regardless of whether the hotel is aware of the claim. These shortened limitation periods do not apply to claims arising from a breach of duty by the hotel committed with intent or through gross negligence.

III. Services, Prices, Payment, Setoff

  1. The hotel is obligated to keep the rooms booked by the guest available and to provide the agreed-upon services.

  2. The guest is obligated to pay the hotel’s applicable or agreed-upon rates for the room and any additional services the guest has used. This also applies to services and expenses incurred by the hotel on behalf of the guest and paid to third parties.

  3. If a guest, for whatever reason, does not consume one of the meals or breakfast, the guest is not entitled to a refund—not even a partial one—nor to a reduction in the price.

  4. The agreed-upon prices include the applicable statutory value-added tax. If the period between the conclusion of the contract and its fulfillment exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed-upon price by a reasonable amount, but by no more than 5%.

  5. The hotel may also change the rates if the customer subsequently requests changes to the number of rooms booked, the hotel services, or the length of the guests' stay, and the hotel agrees to such changes.

  6. Hotel invoices without a due date are payable in full within 10 days of the invoice date. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate
    of 8%—or, in the case of legal transactions involving a consumer, 5%—above the base interest rate. The hotel reserves the right to prove that it has suffered greater damages.

  7. The hotel is entitled, upon conclusion of the contract or thereafter, to require a reasonable advance payment or security deposit, in accordance with the legal provisions governing package tours. The amount of the advance payment and the payment dates may be agreed upon in writing
    in the contract.

  8. The customer may only set off or reduce a claim against the hotel with a claim that is undisputed or has become final and binding.

  9. The customer agrees that the invoice may be sent to him electronically.

IV. Customer Withdrawal (i.e., Cancellation) / Failure to Use the Hotel’s Services (No-Show)

  1. The customer’s cancellation of the contract concluded with the hotel requires the hotel’s written consent. If such consent is not granted, the agreed-upon price under the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach by the hotel of its obligation to respect the customer’s rights, legal interests, and interests, if the customer can no longer reasonably be expected to remain bound by the contract as a result, or if the customer is entitled to any other statutory or contractual right of withdrawal.

  2. Provided that a deadline for withdrawing from the contract has been agreed upon in writing between the hotel and the customer, the customer may withdraw from the contract by that deadline without triggering any claims for payment or damages by the hotel. The customer’s right to cancel expires if the customer does not exercise this right in writing with the hotel by the agreed-upon date, unless a case of cancellation by the customer pursuant to
    Section 1, Sentence 3 (Cancellation) applies.

  3. For rooms not used by the guest, the hotel must offset the revenue from renting those rooms to other guests as well as the
    saved expenses.

  4. The hotel is free to demand the contractually agreed-upon compensation and to apply a flat-rate deduction for saved expenses. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise in the amount claimed.

  5. Reservations can be canceled as follows:

    a. Room Reservation:

    Cancellation up to 5 days before arrival (by 5:00 p.m. – hotel local time): free of charge

    Cancellation 3 days before arrival through the day of arrival: 80% of the total cost

    b. Group reservations for 5 to 10 rooms:

    For reservations of 5 to 10 rooms (groups):

    Cancellation up to 2 weeks before arrival (by 5:00 p.m. – hotel local time): free of charge

    Cancellation after that: 80% of the total cost

    c. Group reservations for 10 or more rooms:

    For reservations of 10 or more rooms (groups):

    Cancellation up to 3 weeks before arrival (by 5:00 p.m. – hotel local time): free of charge

    Cancellation after that: 80% of the total cost

    d. Cancellations and Cancellation Fees for Major Events in Mendig:

    Cancellation 14 days before arrival (by 5:00 p.m. – hotel local time): free of charge

    Cancellation 13 days through the day of arrival: 80% of the travel price

    Note: Section d. does not apply to group bookings; for these, see Sections b. and c.

    e. Events:

    The following cancellation deadlines apply to scheduled events and the reservation of facilities: more than 30 days in advance: no facility setup fees will be charged; 29 to 15 days in advance: facility setup fees will be charged; 14 to 8 days in advance: Facility setup fees plus compensation of 30% of lost revenue; if the revenue had not yet been specifically determined, the following applies: minimum banquet menu price × number of guests; 7th to 3rd day: facility setup fees plus compensation of 60% of lost revenue; if the revenue had not yet been specifically determined, the following applies: minimum banquet menu price × number of guests; within 72 hours: Calculation of setup costs plus compensation for 80% of lost revenue; if this had not yet been specifically determined, the following applies: minimum banquet menu price × number of guests.

V. Cancellation by the Hotel

  1. If a right of the customer to cancel free of charge within a specified period has been agreed upon in writing, the hotel is, for its part, entitled to cancel the contract during that period if there are inquiries from other customers regarding the rooms booked under the contract and the customer does not waive his or her right to cancel upon the hotel’s request.

  2. If an agreed-upon advance payment or an advance payment required above pursuant to (III, Section 7) is not made, the hotel is also entitled to withdraw
    from the contract.

  3. Furthermore, the hotel is entitled to terminate the contract for cause for objectively justified reasons, for example, if force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible; if rooms are booked based on misleading or false statements regarding material facts, such as the identity of the guest or the purpose of the stay; the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, provided that this is not attributable to the hotel’s sphere of control or organizational responsibility; or there is a violation of Section 2 above.

  4. If the hotel has a valid reason to cancel the reservation, the customer is not entitled to compensation.

V. Room Assignment, Handover, and Return

  1. The customer has no right to be provided with specific rooms.

  2. Unless otherwise agreed, reserved rooms are available to the customer Monday through Thursday starting at 2:00 p.m. and Friday through Sunday and on holidays starting at 10:00 a.m. on the agreed-upon arrival date. The customer is not entitled to earlier check-in.

  3. On the agreed-upon departure date, rooms must be vacated and made available to the hotel by 9:30 a.m. Monday through Friday, and by 11:30 a.m. on Saturdays, Sundays, and holidays. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full room rate for use beyond the terms of the contract until 3:00 p.m., and 100% after 3:00 p.m. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel incurred no claim for usage fees or a significantly lower claim.

  4. Pets may be brought to the hotel only with the hotel's prior approval and for an additional fee.

  5. This is a non-smoking hotel. In the event of non-compliance, the hotel reserves the right to charge the guest a one-time cleaning fee of €350.00. If a room is rendered unusable due to smoke, the person responsible will be charged for the full loss of revenue for the duration that the room cannot be rented out. If smoking or handling fire causes the fire alarm system to be triggered, thereby alerting the fire department, this will result in a contractual penalty of €1,800.00.

Vll. Possible Liability of the Hotel

  1. The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims by the guest for damages are excluded. This exclusion does not apply to damages resulting from injury to life, limb, or health, if the hotel is responsible for the breach of duty, or to other damages resulting from an intentional or grossly negligent breach of duty by the hotel. A breach of duty by a legal representative or vicarious agent of the hotel shall be treated as equivalent to a breach by the hotel itself. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the guest. The guest is obligated to do everything reasonably expected of him or her to remedy the disruption and minimize any potential damage.

  2. The hotel is liable to the guest for items left at the hotel in accordance with statutory provisions. The hotel recommends using the hotel safe. If the guest wishes to bring in cash, securities, and valuables worth more than €800.00 or other items worth more than €3,500.00, up to a maximum of €7,500.00, a separate storage agreement with the hotel is required. Liability claims shall lapse if the guest fails to notify the hotel immediately upon becoming aware of any loss, destruction, or damage. With regard to any further liability of the hotel, the second through fourth sentences of paragraph 1 above shall apply accordingly.

  3. To the extent that a parking space is made available to the guest in the hotel parking lot—even for a fee—this does not constitute a contract of safekeeping. The hotel is not liable for the loss of or damage to motor vehicles parked or maneuvered on the hotel premises or their contents, except in cases of willful misconduct or gross negligence. The second through fourth sentences of paragraph 1 above apply accordingly.

  4. Wake-up calls are handled by the hotel with the utmost care, but are not binding. Messages, mail, and packages for guests are handled with care. The hotel will deliver, store (for no longer than 6 months), and—upon request and for a fee—forward such items. The second through fourth sentences of paragraph 1 above apply accordingly.

Vlll. Final Provisions

  1. Any amendments or additions to the contract, the acceptance of the reservation, or these Terms and Conditions for Hotel Accommodation must be made in writing. Unilateral amendments or additions by the customer are invalid.

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

  3. The exclusive place of jurisdiction—including for disputes involving checks—in commercial transactions is the hotel’s registered office (Mendig). If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be the hotel’s registered office.

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

  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 all other respects, the statutory provisions apply.

  6. We reserve the right to correct errors, including typographical and calculation errors.