Terms & Conditions a service with a Luxury touch ...
I.Area of applicability
1. These general terms and conditions apply for all services and deliveries by the lodge.
2. Should the lodge change its general terms and conditions before the termination of the contract, the updated version is incorporated into the contract if the partner to the contract is informed about this in writing with reference to these legal consequences and the partner does not object to the incorporation within a period of 14 days.
3. The customer’s general terms and conditions shall only form part of this contract if the lodge consents in writing to the incorporation in whole or for individually specified points.
II.Conclusion of the contract
1. The contract (hereafter also referred to as the “booking”) comes into effect on request from the customer through the acceptance by the lodge. The lodge is free to confirm the booking in writing.
2. If a third party makes the booking for the customer, it is liable to the lodge as the booking party together with the customer as joint debtor.
III. Services, prices, payment, billing
1. The lodge is obligated to perform the services ordered by the customer and agreed to by the lodge.
2. The customer is obligated to pay the lodge the agreed prices for these and other services enlisted. This also applies for lodge services and expenses induced by it for third parties.
3. If the lodge rescinds with good cause, the customer has no claim for compensation.
4. The agreed prices include the current statutory VAT. Should the rate of VAT applicable to the contractual services increase or decrease after the conclusion of the contract, the prices shall be adjusted accordingly.
5. If the period between the conclusion of the contract and the fulfilment of the contract as defined by the contractual agreements exceeds four months and the general price charged for such services is increased by the lodge, this can increase the contractually agreed price as appropriate, but by 5 % at the most.
6. The lodge is entitled to increase the prices if municipal duties (culture tax, visitor’s tax, etc.) for the accommodation are increased. The price increase is limited to the costs of the abovementioned duties.
7. The lodge’s bills are payable immediately upon receipt of the bill without any deduction, unless other payment terms and conditions are expressly agreed. The lodge is entitled to render accumulated claims for payment at any time and to demand immediate payment. If payment is delayed, the lodge is entitled to claim interest for delay amounting to 10% above the base rate for companies and 5% above the base rate for consumers. The lodge is at liberty to prove that the damages are greater.
8. The subleasing and re-leasing of allocated rooms, other rooms, spaces or cabinets as well as inviting to interviews, sales or similar events require the prior written consent of the lodge.
9. The lodge is entitled to demand upon conclusion of the contract an appropriate advance payment or security deposit in the form of a credit card guarantee or similar from the customer. If an advance payment is not made within the agreed period, the lodge can withdraw from the contract and claim compensation for damages.
10. In justified cases (e.g. outstanding payment by the customer or extending the scope of the contract) the lodge is entitled to demand an increase of the advance payment agreed in the contract or an increased security deposit amounting to the expected costs of the accommodation.
11. The lodge is further entitled to demand an appropriate advance payment or a security deposit from the customer at the beginning and during the customer’s stay, provided that such an advance payment or security deposit was not already paid in accordance with the above provisions.
12. The customer can only settle or lower a claim by the lodge with an undisputed or valid claim.
IV. Room availability
1. The customer does not acquire any claim for the availability of a particular room, unless the lodge confirmed the availability of a particular room in writing.
2. Booked rooms are available to the customer from 12:00 on the day of arrival. The customer has no claim for earlier availability. Guests who arrive before 12:00 can move into their room as early as possible, according to availability.
3. The available rooms are to be taken by 18:00 on the day of arrival. After this time the lodge can book out the rooms to others, unless the customer informed the lodge in advance and in writing that they would arrive later. The lodge is entitled to demand a guarantee for late arrivals.
4. On the agreed day of departure, check-out is at 11:00 at the latest. After that time the lodge can charge 50 % of the agreed price of the room for the additional use of the room up until 18:00, and 100 % from 18:00. Possible further claims for compensation for damages by the lodge are reserved.
V. Withdrawal of the customer from the contract for accommodation (cancellation, rescission)
1. A withdrawal by the customer from the contract of accommodation requires the prior written consent of the lodge.
Without the lodge’s consent, the customer is obligated to pay 90 % of the contractually agreed price for staying overnight when the room is not occupied. The customer is at liberty to prove that the abovementioned claim does not exist or does not exist to the amount claimed.
2. If a deadline for withdrawal from the contract free of charge was agreed between the lodge and the customer, the customer can withdraw from the contract until that point without initiating claims by the lodge for payment or compensation for damages. The customer’s right to rescind expires if it does not exercise its right to rescind against the lodge by the agreed deadline.
3. Services performed by third parties or special services (e.g. cakes, flowers, etc.) which become useless as a result of the cancellation are to be paid by the customer in full.
VI. Rescission by the lodge
1. If it has been agreed that the customer can rescind without incurring costs within a defined period, the lodge is also entitled to withdraw from the contract within this period.
2. If an agreed advance payment or an advance payment claimed on the basis of these general terms and conditions is not paid by the due date, the lodge is also entitled to rescind the contract. Moreover, the lodge can claim compensation for damages from the customer.
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3. The lodge is entitled to rescind the contract with immediate effect if, for example,
– acts of God and other circumstances which the lodge is not responsible for make the fulfillment of the contract impossible ;
– bedrooms and other rooms are intentionally booked using misleading or false statements about facts which are material to the contract, e.g. who the customer is or the purpose of the stay;
– the lodge has justified reason to assume that the use of lodge services can put at risk the smooth operation of the business, the security or the public reputation of the lodge, unless this is attributable to the lodge’s sphere of responsibility;
– the purpose or reason of the stay is illegal;
– there is an unauthorized sub-leasing or re-leasing contrary to III. 7. of these general terms and conditions;
– the lodge is closed;
– proper accommodation and/or proper facilities for an event are not guaranteed because the lodge is being renovated;
– the customer withdraws from a part of the contract in the case of a combined accommodation and event contract.
