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According to § 5 TMG
Pension "Zum Biber",
Lauchaer Strasse 38 A,
06647 Bad Bibra
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I. Scope
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.
2. The subletting or re-letting of the leased rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby Section 540 (1) sentence 2 BGB is waived unless the customer is a consumer.
3. The customer's terms and conditions only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of the contract, partners & statute of limitations
1. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing.
2. The contracting parties are the hotel and the customer. 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 hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel become statute-barred one year from the beginning of the knowledge-dependent regular limitation period of Section 199 (1) of the German Civil Code (BGB). Claims for damages become statute-barred after five years regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, prices, payment, offsetting
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the applicable or agreed hotel prices for rooms provided and for other services used by him. This also applies to services and expenses of the hotel to third parties initiated by the customer.
3. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but no more than 5%.
4. The prices can also be changed by the hotel if the customer subsequently wishes to change the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.
5. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 9% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base rate. The hotel reserves the right to provide evidence of higher damage.
6. The hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer can only offset or reduce an undisputed or legally binding claim against a claim by the hotel.
IV. Withdrawal by the customer (ie cancellation, cancellation) / failure to use the hotel's services
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's written consent. If this is not done, the price agreed in 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 of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer be expected to adhere to the contract or if he has any other statutory or contractual right of withdrawal.
2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless there is a case of withdrawal by the customer in accordance with number 1 sentence 3.
3. In the case of rooms not used by the customer, the hotel must offset the income from renting the rooms to other parties as well as the saved expenses. 4. The hotel is free to demand the contractually agreed remuneration and to apply a flat rate deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed room rate. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.
V. Resignation of the hotel
1. If the customer's right to withdraw free of charge has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer, upon inquiry by the hotel, is entitled to Resignation not waived.
2. If an agreed advance payment or an advance payment requested in accordance with Clause III No. 6 above has not been made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, for example if • force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; • Rooms are booked with misleading or false information about essential facts, eg about the customer or the purpose; • the hotel has justified cause to believe that the use of the hotel's service may endanger the smooth business operations, security or public image of the hotel without this being attributable to the hotel's sphere of control or organization; • There is a violation of Clause I No. 2 above.
4. If the hotel is justified in withdrawing from the contract, the customer has no right to compensation.
VI. Room provision, handover and return
1. The customer does not acquire the right to be provided specific rooms.
2. Booked rooms are available to the customer from 2 p.m. on the agreed arrival date. The customer has no right to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. An extension of the use requires the express consent of the hotel. If the room is used up to 6 p.m. on the day of departure, 50% of the full room price (current price list) will be charged 80% from 6 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim to usage fee.
VII. Hotel liability
1. The hotel is liable for its obligations under the contract with the diligence of a prudent businessman. Customer claims for compensation are excluded. Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation as soon as it becomes aware of this or upon immediate complaint by the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. The hotel is not liable for the loss of valuables.
3. If the customer is provided with a parking space in a hotel car park, even for a fee, this does not result in a safekeeping agreement. The hotel is not liable for loss of or damage to vehicles parked or maneuvered on the hotel property and their contents.
4. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, store and, on request, forward the same for a fee.
VIII. Service / bookings / cancellation / payment methods / minimum stays / pets / tourist tax (as of December 2013 / subject to change)
cancellation
Every cancellation must be made in writing to PENSION "Zum Biber". You will receive a confirmation. You can cancel your room reservation free of charge up to 14 days before arrival. In the event of a later cancellation, we will try to rent the room to someone else. If this is not possible for us, we will charge 80 percent of the room rate. If your booking is shortened due to late arrival or early departure, a cancellation cannot be made.
Payment options - hotel bill - credit cards
You can pay your hotel bill in cash in euros, cashless with the EC Maestro card, with Visa and Mastercard and via PayPal. American Express (Amex credit cards) may not be accepted for direct card payments, but can still be used as a source of payment when processing transactions via PayPal.
Minimum stays
For stays of up to 3 nights, on weekends 2 nights, on public holidays (Whitsun and Corpus Christi, Carnival, Easter, Ascension, Christmas, New Year's Eve), the season price A applies.
Pets
Gladly on request: Depending on the species and level of requirements, without (live) food up to € 22.00 per day. Bowls, baskets, blankets, transport boxes, leashes and antidotes must be brought with you, but some can be provided upon request if you register in advance. Final cleaning or special cleaning if required up to € 50.00. Any damage is at the expense of the animal owner. Appropriate pet owner liability insurance is generally recommended.
Tourist tax
The customary local tourist tax is levied on site and calculated in addition.
• Check-in: from 2 pm
• Check-out: by 11:00 am
Our extensive inclusive services are shown on our website and in our price list.
IX. Final provisions
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid. 2. The place of fulfillment and payment is the seat of the hotel. 3. Exclusive place of jurisdiction. also for check and bill of exchange disputes. is the seat of the hotel in commercial transactions. If a contractual partner fulfills the requirement of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the seat of the hotel. 4. German law applies. The application of the UN sales law and the conflict of laws is excluded. 5. Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply
EU dispute settlement
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/ .
You can find our contact details with the e-mail address in the imprint above. Alternatively, you are welcome to use the contact field at the bottom of the page to send a message.
Consumer dispute settlement / universal arbitration board
We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
Liability for content
As a service provider, we are responsible for our own content on these pages in accordance with general law in accordance with Section 7, Paragraph 1 of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.
Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which we become aware of a specific legal violation. As soon as we become aware of such legal violations, we will remove this content immediately.
Liability for links
Our offer contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created.
A permanent control of the content of the linked pages is not reasonable without concrete evidence of a violation of the law. As soon as we become aware of legal violations, we will remove such links immediately.
copyright
The content and works on these pages created by the website operator are subject to German copyright law. The duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use.
Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we would ask you to notify us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.