General Terms and Conditions (GTC)
Dauenhauer-Kies Hotel Baden-Baden Betreibergesellschaft GdbR
Was standing April 2018
The following conditions apply to all contracts between us and the guest of our Rose Boutique hotel concerning room rentals (apartments or suites), as well as all further services and deliveries provided for the guest. We do not accept any regulations deviating from these conditions unless we have expressly agreed to their validity in writing. This applies in particular to the guest's conditions, even if we have not expressly objected to them or have not carried out delivery without reservation.
2 Offer and conclusion of contract, - partner
(1) Our offers on the Internet do not constitute a binding offer to conclude an accommodation contract, but an invitation to submit a booking enquiry by the guest. Guests may submit their offers by telephone, in writing, by fax, by email or via the ordering system that is part of our website or the ordering systems of third-party suppliers.
(2) If the guest chooses the ordering system on our website, the customer can select the desired type of room, the period of occupancy, as well as the number of persons, and use the button "add to travel plan" in his so-called "travel plan".
After pressing the button "Continue booking", the guest can decide whether he wants to optionally book the external service "Breakfast" (extra services).
With the next button (contact & payment information), he will be asked for personal data that is required for definite booking and credit card details required for the reservation.
In order to continue the order, the guest must first tick the box next to "I have read and accepted the General Terms and Conditions", whereby he accepts these General Terms and Conditions and thereby includes them in his offer.
With the following button, all of the booking data will be finally displayed to the guest once again.
Only by clicking the button "BOOK for a fee" at the end of the order process, does the guest send his binding offer.
During the entire booking process, the customer has the option of checking all details (e.g. room type, name, credit card information) again, changing them (also via the "back" function of the Internet browser) or cancelling the booking. After sending the binding offer, the guest will first receive an automatic email from us concerning the receipt of his booking request, which does not yet lead to the conclusion of the contract (automatic confirmation of receipt). In this email, the content of the guest's booking request is listed again. It can be printed using the "Print" function.
(3) The acceptance of the offer (and thus the conclusion of the contract) is effected by a separate order confirmation from us, in which we confirm the processing of the definite booking enquiry or reservation of the room to the customer in text form by email (booking confirmation).
If the guest submits his booking request outside the ordering system that is a part of our website (e.g. by fax/email), the offer will be accepted by us by written confirmation or, if a written confirmation was no longer possible due to time constraints, by provision.
(4) The language of the contract is German. Other languages are available on request for the conclusion of the contract.
(5) The text of the contract (booking data and General Terms and Conditions) is stored with us. However, storage within the framework of our web-based order system is only limited or not accessible to the guest, which is why the guest has to do a printout or manage separate storage himself.
(6) The guest is not entitled to a right of revocation.
(7) The guest and we are contractual partners. If a third party has placed an order for the guest, he is jointly and severally liable to us together with the guest, provided we have received a corresponding declaration from the third party.
3 Service, Prices, Credit Card Guarantee and Terms of Payment
(1) We are obliged to keep the rooms booked by the guest ready for him and to provide the agreed services.
(2) The guest is obliged to pay the prices applicable or agreed upon for the allocation of the room and for the other services used by him. This also applies to our services and expenses to third parties arranged by the guest.
(3) We accept cash payment as well as payment by credit card or EC card.
(4) Our prices depend on season and length of stay. Special prices for early bookers, weekends and long stays are reserved.
(5) The prices quoted include applicable VAT and other costs (total prices).
(6) If the period between conclusion of the contract and service provision exceeds six months, we reserve the right to change prices. This includes price adjustments in the event of changes in statutory value-added tax or the introduction, amendment or abolition of local levies on the service after conclusion of the contract.
(7) If a room is booked for at least 6 months, we may increase our prices by 5% points once every six months, for the first time after the end of the first six months. Non-adjustment does not constitute a waiver of the right of adjustment.
(8) Other changes in price must be made at equitable discretion, are limited to 5% points and can only be based on the fact that there have been significant changes in the occupancy status of our hotel, the costs of providing the rooms or the catering costs which influence the rent within the scope of the price adjustment.
(9) We are entitled to ask the guest to provide us with a security deposit in the form of a credit card guarantee amounting to the entire booking amount upon conclusion of the contract.
(10) Wake-up requests can only be agreed upon with the consent of the management. In this case, the guest is also obliged to take precautionary measures of his own to ensure waking up on time.
4 Withdrawal by the guest (cancellation) and non-use
(1) The guest is entitled to withdraw from the contract 2 days before the day of arrival (without triggering payment or damage claims) (cancellation). Thereafter, his contractual right of withdrawal expires.
(2) This does not apply in case of violation of our obligation to take into consideration the rights, legal assets and interests of the guest, if it is no longer reasonable to expect him to adhere to the contract, or if he is entitled to other rights to terminate the contract. In particular, statutory rights of withdrawal remain unaffected.
(3) If the right to withdrawal has already expired and there is no other right to terminate the contract, the guest has to pay the agreed price even if he does not make use of the contractual services. We have to take earnings from renting the rooms otherwise, as well as saved expenses into account. If the rooms are not rented out otherwise, we can make a lump-sum deduction for saved expenses. In this case, the guest is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast. The guest has the right to prove that the above claim has not arisen, or has arisen to a lesser extent.
5 Withdrawal by us
(1) If the credit card specified during the booking process is not valid or not approved, we are entitled to withdraw from the contract.
(2) Furthermore, we are entitled to withdraw from the contract for objectively justified reasons, in particular, if:
- Force majeure or other circumstances beyond our control make the fulfillment of the contract impossible;
- Rooms are booked with misleading or false information or concealment of essential facts (e.g. the identity of the guest or the ability to pay);
- We have reason to believe that the use of our services may endanger a smooth operation of business, security or public image of our hotel without this being attributable to the hotel's sphere of control or organisation;
6 Check-in / Check-out guidelines
(1) Unless otherwise agreed upon (e.g. late check-in), reserved rooms are available to the guest after 2 p.m. on the agreed upon day of arrival. The guest is not entitled to an earlier provision.
(2) The customer is not entitled to the provision of certain rooms or premises unless the Penthouse Studio Suite has been booked. Should agreed upon premises not be available, the hotel is obliged and entitled to seek equivalent or higher-value replacement in-house or in another building.
(3) The customer must vacate the room no later than 11:00 a.m. on the agreed upon check-out date. Thereafter we are entitled to charge the guest 50% of the full accommodation price (list price) until 6 p.m., after 6 p.m. 90% due to vacating the room beyond the period of contract. This will not justify contractual claims by the customer. The guest is free to prove that we have no or a substantially lower claim to a usage fee.
(4) Unless a later arrival time has been expressly agreed on, the hotel reserves the right to allocate rooms ordered after 6 p.m. otherwise.
7 Liability, set-off
(1) We shall only be liable for damages resulting from injury to life, body or health for which we are responsible or from our breach of contractual obligations as well as for other damages resulting from an intentional or grossly negligent breach of duty for which we are responsible. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract, whose violation endangers the achievement of the purpose of the contract and on whose observance the guests regularly rely.
(2) Should there be problems or shortages with our services, we will endeavour to provide the quickest possible solution as soon as these have been noticed by us or when immediately notified by the guest, in any case before departure. The customer is obliged to do what is reasonable to eliminate the problem and to keep any possible damage as low as possible.
(3) We shall be liable to the guest for items brought in, in accordance with the statutory provisions. We recommend the use of a hotel or room safe. If the guest wishes to bring money, securities and valuables into the hotel worth more than 800 euros or other items with a value of more than 3,500 euros, a separate agreement for storing these is required with the hotel. The liability claims expire if the customer does not notify us immediately after gaining knowledge of loss, destruction or damage. This does not apply if the goods have been taken over by us for storage or if loss, destruction or damage is caused by our people or us.
(4) Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
The subrenting of rooms provided for and their use for purposes other than accommodation requires our prior written consent.
9 Parking cards
By issuing parking cards, even for a fee, no custody, administration or rental contract is concluded. The guest is obliged to inform himself about the conditions of use of the possibilities of parking offered on site through the parking cards. In the event of loss, theft or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, we shall only be liable in accordance with § 7 para.1.
10 No-Smoking policy / Animals
(1) Our hotel has a no-smoking policy. All of our rooms are non-smoking rooms. Smoking inside our hotel is therefore prohibited. The guest is liable for damages caused by violating this (cleaning of curtains and carpets, painting of walls, etc.). Extra cleaning of the room will be charged to the guest at a flat rate of 150 euros. The guest has the right to prove that the above claim has not arisen, or has arisen to a lesser extent.
(2) Animals may only be brought along with prior consent.
11 Final provisions
(1) The guest is only entitled to offset against the rental claim with counterclaims or to exercise a right of retention in the case of undisputed or legally established claims. The tenant's non-modifiable rights pursuant to §§ 536, 536a BGB remain unaffected.
(2) For contracts between the guest and us, the law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods.
(3) If the guest is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the guest and us is Baden-Baden.
(4) The agreement shall remain binding even in case of legal invalidity of individual items in its remaining parts. Statutory provisions, if available, shall replace the ineffective provisions. Insofar as this would constitute an unreasonable hardship to a party to the contract, however, the contract as a whole shall be deemed ineffective.