Terms and Conditions Hotel am Kamin

AGB

§ 1 Scope of Application

These terms and conditions apply to all services provided by Hotel Am Kamin Joanni GmbH, Füssener Straße 62, 87600 Kaufbeuren (hereinafter referred to as "Am Kamin" or "Hotel") to guests, event organizers, and other contractual partners (hereinafter referred to as "Contractual Partners"). These services include, in particular, the provision of hotel rooms and other premises for a fee, e.g., for seminars, meetings, presentations, conferences, banquets, and other events; the sale of food and beverages; the organization of events and other programs; and all related services and deliveries provided by Am Kamin.
These terms and conditions apply to all types of contracts concluded with Am Kamin, such as hotel accommodation contracts, package tour contracts, allotment contracts, or event contracts.
These terms and conditions apply to all types of contracts, such as hotel accommodation contracts, package tour contracts, allotment contracts, and event contracts. Subletting or further letting of the provided rooms (as well as the use of hotel rooms for purposes other than accommodation), spaces and display cases, sales events, or similar activities require the prior written consent of the hotel. Section 540, paragraph 1, sentence 2 of the German Civil Code (BGB) is hereby waived, unless the customer is a consumer.
The customer's general terms and conditions apply only if this has been agreed upon in advance.

§ 2 Contract conclusion, partner

The contracting parties are the hotel and the customer. The contract is concluded upon the hotel's acceptance of the customer's request. The hotel is free to accept the services or the customer's request in writing, orally, in text form (email, fax), or implicitly by providing the services.
If the contracting party makes a group booking, a so-called allotment contract is concluded. The allotment contract primarily and additionally governs these terms and conditions. Under this allotment contract, the contracting party is liable for all damages culpably caused by the end user. A group booking exists when a contracting party books more than eight rooms that are related in time and/or subject matter through one or more booking transactions. A group booking is independent of the booking method. It can be made in person, by telephone, fax, email, in writing, via online portals, or by other means.

§ 3 Services, prices, payments, changes

The hotel is obligated to provide and fulfill the services booked by the customer.

a) If a customer makes a reservation, order, or booking for overnight stays at the hotel, the quoted price always includes one night in the booked room category, including VAT, and the provision of hotel parking, Wi-Fi, and a breakfast buffet. Within the framework of a special offer, such as an all-inclusive offer, conference package, romantic night, or similar, the quoted price applies exclusively as a complete price for the agreed-upon timeframe. The quoted price is due in full even if, for whatever reason, individual guests or the entire group only partially utilize or do not utilize any of the services included in the offer. Therefore, there is no entitlement to a price reduction. Any leftover food and beverages remain the property of the hotel after the agreed-upon timeframe has ended and may not be taken away.

b) The customer is obligated to pay the hotel's agreed-upon or applicable prices for these and any other services used. The prices for the respective services are determined according to Am Kamin's price list valid at the time the services are provided.
The agreed-upon prices include taxes applicable at the time the contract is concluded. If the statutory value-added tax changes or if new local taxes are introduced, existing local taxes are changed, or local taxes on the services are abolished after the contract is concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and its fulfillment exceeds four months.
The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's services, or the customer's length of stay contingent upon an increase in the price for the rooms and/or other hotel services.
Guests are generally not permitted to bring their own food and beverages. Exceptions require prior agreement with the hotel, at least in writing. In such cases, a contribution towards overhead costs will be charged.
Hotel invoices without a due date are payable within ten days of receipt without deduction. The hotel may demand immediate payment of outstanding amounts at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently 8%, or, in the case of transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove a higher loss.
The hotel is entitled to request a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example, in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract. Statutory provisions regarding advance payments or security deposits for package tours remain unaffected.
In justified cases, for example, customer payment arrears or an expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract and up to the start of the service period, to demand an advance payment or security deposit as defined in section 8 above, or an increase in the advance payment or security deposit agreed upon in the contract up to the full agreed remuneration.
The hotel is further entitled to demand a reasonable advance payment or security deposit from the customer at the beginning of and during their stay, as defined in section 9 above, for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with sections 8 and/or 9.
If the customer uses a credit card to pay for hotel services requiring advance payment (e.g., general orders with advance payment or guaranteed bookings) without physically presenting the card (e.g., via telephone, internet, etc.), the customer is not entitled to reverse the charge with their credit card company.

§ 4 Customer withdrawal, cancellation, revocation

A customer may only cancel a contract with the hotel if a right of cancellation has been expressly agreed upon in the contract, if another statutory right of cancellation exists, or if the hotel expressly consents to the cancellation. Any agreement regarding a right of cancellation, as well as any consent to a cancellation, must be in writing.
If a deadline for cancellation has been agreed upon in writing between the hotel and the customer, the customer may cancel the contract up to that deadline without incurring any payment or damage claims from the hotel. The customer's right of cancellation expires if they do not exercise their right to cancel in writing to the hotel by the agreed deadline. The hotel is also free to cancel the offer up to the agreed deadline.
If a right of withdrawal has not been agreed upon or has already expired, and the hotel does not agree to a cancellation of the contract, it retains its claim to the agreed-upon compensation despite the customer's failure to use the services. The hotel must credit any income from renting the rooms to other guests, as well as any expenses saved. If the rooms are not rented to other guests, the hotel may charge a flat rate for the expenses saved. The customer is free to prove that no damage was incurred or that the damage incurred by the hotel is less than the flat rate charged.
The hotel is not entitled to the contractual compensation if the cancellation of the reservation/order/booking is received by email by the day before the arrival date/event start date. Cancellations after this deadline or "no-shows" will be charged to the customer at 80% of the total price agreed upon in the contract. Deposits made are generally non-refundable.

Important:

The right to cancel under the above conditions according to § 4, Paragraph 4, does not expressly apply to allotment and group bookings.

§ 5 Technical facilities and connections

Insofar as the hotel procures technical and other equipment from third parties at the customer's request, it does so in the customer's name, on the customer's behalf, and at the customer's expense. The customer is liable for the proper handling and return of the equipment. The customer indemnifies the hotel against all third-party claims arising from the provision of this equipment.
The use of the customer's own electrical equipment using the hotel's power supply requires the hotel's consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the customer, unless the hotel is responsible for such malfunctions or damage. The hotel may charge a flat fee for the electricity costs incurred through such use.
Malfunctions in technical or other equipment provided by the hotel will be rectified as soon as possible. Payments may not be withheld or reduced if the hotel is not responsible for these malfunctions.

§ 6 Loss or damage to brought-in items

Exhibited items or other belongings, including personal items, brought onto the premises are at the customer's own risk while in the event rooms or hotel. The hotel accepts no liability for loss, destruction, or damage, including financial losses, except in cases of gross negligence or willful misconduct on the part of the hotel. This exclusion of liability does not apply to damages resulting from injury to life, body, or health. Furthermore, this exclusion of liability does not apply in cases where safekeeping constitutes a typical contractual obligation due to the specific circumstances of the event.
Decorative materials brought onto the premises must comply with fire safety regulations. The hotel is entitled to request official proof of compliance. If such proof is not provided, the hotel is entitled to remove any materials already brought onto the premises at the customer's expense. Due to the potential for damage, the setup and placement of any items must be coordinated with the hotel in advance.
Exhibited items or other belongings brought onto the premises must be removed immediately after the event. If the customer fails to do so, the hotel may remove and store the items at the customer's expense. If the items remain in the event room, the hotel may charge a reasonable usage fee for the duration of the room's unavailability.

§ 7 CUSTOMER LIABILITY FOR DAMAGES

If the customer is a business, they are liable for all damages to the building or its contents caused by event participants or visitors, employees, other third parties within their sphere of influence, or by the customer themselves.
The hotel may require the customer to provide reasonable security, for example, in the form of a credit card guarantee.
If a third party has made the booking on behalf of the customer, that third party is jointly and severally liable to the hotel with the customer for all obligations, provided the hotel has received a corresponding declaration from the third party.

§ 8 Cancellation by the Hotel

If a right of withdrawal for the customer has been agreed upon in writing within a specific period, the hotel is also entitled to withdraw from the contract within this period if inquiries from other customers for the contractually booked rooms are received and the customer does not waive their right of withdrawal upon inquiry from the hotel.
If an agreed security deposit is not provided even after the expiry of a reasonable grace period set by the hotel with a warning of cancellation, the hotel is also entitled to withdraw from the contract.
Furthermore, Am Kamin is entitled to withdraw from the contract in accordance with the statutory provisions of Section 323 of the German Civil Code (BGB) or to terminate the contract in accordance with Section 314 of the German Civil Code (BGB). In particular, the hotel is entitled to withdraw from the contract for cause, for example, if:

The customer fails to provide a due payment,
the customer provides misleading or false information regarding essential data; essential data may include the customer's identity, solvency, or purpose of stay,
force majeure or other circumstances beyond the hotel's control make performance of the contract impossible,
the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation of the business, the safety of the hotel, or its public image, without this being attributable to the hotel's sphere of control or organization;
the purpose or occasion of the event is unlawful;
the hotel's justified cancellation does not entitle the customer to compensation.

The hotel's cancellation of the contract does not entitle the customer to any compensation or other redress. The hotel's right to compensation for any damages incurred and expenses remains unaffected in the event of justified termination.

§ 9 Provision of services, handover and return

The customer acquires no right to the provision of specific rooms unless their provision has been expressly agreed upon.
On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 80% of the full room rate (list price) for the additional use of the room until 6:00 p.m., and 100% thereafter, in addition to any other damages incurred. The customer is free to prove to the hotel that no damage or significantly less damage was incurred.

§ 10 Liability of the Hotel

The hotel is liable for damages resulting from injury to life, body, or health caused by its own negligence. Furthermore, it is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, or from an intentional or negligent breach of essential contractual obligations. A breach of duty by the hotel is equivalent to a breach of duty by its legal representatives or agents. Further claims for damages are excluded, unless otherwise stipulated below. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon receiving immediate notification from the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and minimize any potential damage. Moreover, the customer is obligated to inform the hotel in a timely manner of the possibility of exceptionally high damages occurring.
The hotel is liable to the customer for items brought onto the premises in accordance with the statutory provisions of Sections 701 et seq. of the German Civil Code (BGB).
Wake-up calls are carried out by the hotel with the utmost care. Claims for damages are excluded, except in cases of gross negligence or intent.
Messages, mail, and packages for guests are handled with the utmost care. The hotel undertakes delivery, storage, and—upon request and for a fee—forwarding of these items. Claims for damages are excluded, except in cases of gross negligence or intent.
If the hotel provides the customer with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or moved on the hotel premises and their contents, except in cases of intent or gross negligence. This also applies to the hotel's agents.
The hotel is liable for the care of a prudent businessperson. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon receiving immediate notification from the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and minimize any potential damage.
The hotel is liable for its obligations under the contract. In areas not typical of the services provided, liability is limited to intent and gross negligence on the part of the hotel. This does not apply to damages resulting from injury to life, body, or health caused by a negligent breach of duty on the part of the hotel. The customer is obligated to inform the hotel in a timely manner of the possibility of exceptionally high damages occurring.
The hotel is liable for its contractual obligations with the due diligence of a prudent businessperson. In areas not typical of the services provided, the hotel's liability is limited to cases of intent and gross negligence.

§ 11 Additional provisions for package travel contracts

If, in addition to providing board and lodging, the hotel's obligation includes organizing a leisure or event program as a paid service, this constitutes a package travel contract.
The customer cannot assert any claims for changes, deviations, or reductions in individual services within a package travel contract that become necessary after the contract is concluded, provided these changes are merely minor.

§ 12 Alternative dispute resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG

The EU's online dispute resolution platform is available at the following link: http://ec.europa.eu/consumers/odr/. Our email address is: info@hotel-am-kamin.de.

We are neither obligated nor generally willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Final Provisions

Amendments or additions to this contract must be made in writing. Unilateral amendments or additions by the customer are invalid.
The place of performance and payment is the hotel's registered office.
For merchants, the place of jurisdiction – including for disputes concerning checks and bills of exchange – is the hotel's registered office. If a contracting party meets the requirements of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the hotel's registered office shall be deemed the place of jurisdiction.
The laws of the Federal Republic of Germany shall apply.

Kaufbeuren, May 2018