General Terms and Conditions

Excerpt from our GTC (General Terms and Conditions) Cancellations (Withdrawal) and No-Shows

§ 1. Cancellations and Cancellation Fees:

For bookings of one overnight stay:
Cancellation up to 1 day before arrival (by 12:00 noon – hotel local time): free of charge.
Cancellations on the day of arrival: 80% of the total price.

For bookings of 2 nights or more:
Cancellations from 2 days before arrival up to the day of arrival: 80% of the total travel price.
Cancellation on the day of arrival or no-show without prior notice: 100% of the total price.

§ 2. Cancellations and Cancellation Fees:
For bookings of 4 rooms or more for one overnight stay or longer:
Cancellation up to 3 days before arrival (by 6:00 p.m. – hotel local time): free of charge.
Cancellations thereafter: 80% of the total price.
Cancellation on the day of arrival or no-show without prior notice: 100% of the total price.

§ 3. Cancellations and Cancellation Fees (Group bookings from 5 to 10 rooms):
For bookings of 5 to 10 rooms (group)
Cancellation up to 5 days before arrival (by 6:00 p.m. – hotel local time): free of charge.
Cancellations thereafter: 80% of the total price.
Cancellation on the day of arrival or no-show without prior notice: 100% of the total price.

§ 3 a. Cancellations and Cancellation Fees (Group bookings of 10 rooms or more):
For bookings of 10 rooms or more (group)
Cancellation up to 10 days before arrival (by 6:00 p.m. – hotel local time): free of charge.
Cancellation from 10 days up to 5 days before arrival: 50% of the total travel price.
Cancellations thereafter: 80% of the total price.
Cancellation on the day of arrival or no-show without prior notice: 100% of the total price.

§ 5. Cancellations or changes to a booking must be made exclusively in writing. Verbal agreements are not valid.

§ 5 a. Security Deposit:
The total price includes all booked services.
Upon request by the hotel, a valid credit card number must be provided upon arrival, or alternatively a cash deposit must be paid as security.
The amount of the security deposit depends on the length of stay and is determined by the hotel. The hotel is also entitled to require advance payment of the total accommodation costs.
By making a booking (conclusion of a hotel accommodation contract), the guest/booker agrees to the hotel’s General Terms and Conditions.

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General Terms and Conditions for the Hotel Accommodation Contract

Scope of Application

• These General Terms and Conditions apply to contracts for the rental provision of hotel rooms for accommodation purposes, as well as to all additional services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
• The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior consent of the hotel in text form. Section 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is excluded insofar as the customer is not a consumer within the meaning of section 13 BGB.
• The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance in text form.

Conclusion of Contract, Contractual Partners, Limitation Period

• The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in text form.
• All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages or to other claims insofar as they are based on an intentional or grossly negligent breach of duty by the hotel.

Services, Prices, Payment, Set-Off

• The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
• The customer is obliged to pay the agreed or applicable hotel prices for the provision of the rooms and for any additional services used by the customer. This also applies to services commissioned by the customer directly or via the hotel that are provided by third parties and advanced by the hotel.
• The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local charges which, under the respective municipal law, are payable by the guest directly, such as visitor’s tax (tourist tax).
• In the event of a change in statutory VAT or the introduction, amendment, or abolition of local charges relating to the service object after conclusion of the contract, the prices shall be adjusted accordingly. In contracts with consumers, this applies only if the period between conclusion of the contract and performance of the contract exceeds four months.
• The hotel may make its consent to a subsequent reduction requested by the customer in the number of booked rooms, the hotel’s services, or the customer’s length of stay conditional upon an appropriate increase in the price for the rooms and/or other hotel services.
• Hotel invoices are due for payment immediately upon receipt without deduction. If payment by invoice has been agreed, payment must be made—subject to a different agreement—within ten days of receipt of the invoice without deduction.
• Upon conclusion of the contract, the hotel is entitled to demand an appropriate advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. Statutory provisions remain unaffected in the case of advance payments or security deposits for package travel. In the event of default in payment by the customer, the statutory provisions shall apply.
• In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and until the start of the stay, to demand an advance payment or security deposit within the meaning of the above clause 3.6, or to increase the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
• Furthermore, at the beginning and during the stay, the hotel is entitled to demand an appropriate advance payment or security deposit within the meaning of the above clause 3.6 from the customer for existing and future claims arising from the contract, insofar as such payment or security has not already been provided in accordance with the above clause 3.6 and/or clause 3.7.
• The customer may only set off or offset a claim against a claim of the hotel if the customer’s claim is undisputed or has been finally adjudicated.
• The customer agrees that the invoice may be transmitted electronically.

Withdrawal by the Customer (Cancellation)/
Non-Utilization of Hotel Services (No-Show)

• The customer may withdraw from the contract concluded with the hotel only if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists, or if the hotel expressly agrees to the cancellation of the contract.
• If a deadline for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any payment or claims for damages by the hotel.
• If no right of withdrawal has been agreed or such right has already expired, and if no statutory right of withdrawal or termination exists and the hotel does not agree to a cancellation of the contract, the hotel retains its claim to the agreed remuneration despite the non-utilization of the service. The hotel must credit any income from re-letting the rooms as well as any expenses saved. If the rooms are not re-let, the hotel may apply a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements including third-party services, 70% for half-board arrangements, and 60% for full-board arrangements. The customer is free to prove that the above claim has not arisen or has not arisen to the amount claimed.

Withdrawal by the Hotel

• If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is likewise entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer, upon inquiry by the hotel with a reasonable deadline, does not waive his/her right of withdrawal. This applies accordingly in the case of an option being granted if other inquiries exist and the customer, upon inquiry by the hotel with a reasonable deadline, is not prepared to make a firm booking.
• If an advance payment or security deposit agreed or requested in accordance with clauses 3.6 and/or 3.7 is not made even after expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
• Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
• force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible; * rooms or premises are booked culpably under misleading or false statements or by concealing material facts; material facts may include the identity of the customer, solvency, or the purpose of the stay;
• the hotel has justified reason to assume that use of the services may jeopardize the smooth operation of the business, the safety, or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
• the hotel has justified reason to assume that use of the services may jeopardize the smooth operation of the business, the safety, or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
• there is a breach of the above clause 1.2.
• A justified withdrawal by the hotel does not give rise to any claim by the customer for damages.

Room Provision, Handover and Return

• The customer does not acquire any entitlement to the provision of specific rooms unless this has been expressly agreed in text form.
• Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no entitlement to earlier availability.
• On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 12:00 noon. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price (price according to the price list) for use beyond the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. This does not give rise to any contractual claims by the customer. The customer is free to prove that the hotel has incurred no claim or a significantly lower claim for usage fees.

Liability of the Hotel

• The hotel is liable for damages attributable to it resulting from injury to life, body, or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of essential contractual obligations of the hotel. Essential contractual obligations are those duties that make the proper performance of the contract possible in the first place and on whose fulfillment the customer relies and may reasonably rely. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the hotel. Any further claims for damages are excluded unless otherwise regulated in this clause 7. If disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy them upon becoming aware of them or upon immediate notification by the customer. The customer is obliged to contribute what is reasonable in order to remedy the disruption and to minimize any possible damage.
• The hotel is liable for items brought in by the customer in accordance with statutory provisions. The hotel recommends using the hotel safe. If the customer wishes to bring in money, securities, and valuables with a value exceeding EUR 800, or other items with a value exceeding EUR 3,500, a separate safekeeping agreement with the hotel is required.
• If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a contract of safekeeping. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel is only liable in accordance with the provisions of clause 7.1, sentences 1 to 4.
• Wake-up calls are carried out by the hotel with the utmost care.
• Messages for customers are handled with due care. By prior arrangement with the customer, the hotel may accept, store, and—upon request and for a fee—forward mail and goods consignments. In this case, the hotel is liable only in accordance with the provisions of clause 7.1, sentences 1 to 4.

Final Provisions

• Amendments and supplements to the contract, the acceptance of the offer, or these General Terms and Conditions should be made in text form. Unilateral amendments or supplements are invalid.
• The place of performance and payment, as well as the exclusive place of jurisdiction—including for disputes relating to checks and bills of exchange—is, in commercial transactions, Teichhotel, Schmalkalden. If the customer fulfills the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, Teichhotel, Schmalkalden shall also be the place of jurisdiction.
• German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
• In accordance with statutory obligations, the hotel points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/
• However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.