General Terms and Conditions for Resort Accommodation Contracts
Scope of Applicability
1. These Terms and Conditions govern contracts for the rental use of resort rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer.
2. The prior written consent of the resort is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes.
3. The customer's general terms and conditions shall apply only if these are previously expressly agreed in writing.
Conclusion of Contract, Parties, Liability, Statute of Limitations
1. The contract shall come into force upon the resort's acceptance of the customer's application. At its discretion, the resort may confirm the room reservation in writing.
2. The parties to the contract are the resort and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the resort for all obligations arising from the hotel accommodation contract as
joint and several debtor together with the customer, insofar as the resort has a corresponding statement by the third party.
Repudiation by Customer (Cancellation, Annulment)/Failure to Use Resort Services (No Show)
1. Cancellation by the customer of the contract concluded with the resort requires the resort's written consent. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the
2. To the extent the resort and customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the resort.
The customer's right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis the resort by the agreed date.
3. If rooms are not used by the customer, the resort must apply credit for the income from renting the rooms to other parties and also for saved expenses.
4. At its discretion, the resort may demand the contractually agreed compensation and to make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90 percent of the contractually agreed rate for lodging
with or without breakfast, 70 percent for room and half-board, and 60 percent for room and full-board arrangements. The customer is at liberty to show that the claim mentioned above was not created or not created in the amount
demanded. Justifiable cause, e.g. if force majeure or other circumstances for which the resort is not responsible make it impossible to fulfill the contract; the resort has justified cause to believe that use of the resort's sphere of control or
Room Availability, Delivery and Return
1. The customer does not acquire the right to be provided specific rooms.
2. Reserved rooms are available to the customer starting at 2:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
3. Rooms must be vacated and made available to the resort no later than 12:00 noon on the agreed departure date, but is flexible to safeguard the interests its guests. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the resort may charge 25 percent of the full accommodation rate (list price) for the additional use of the room until 3:00 p.m. (after 3:00 p.m.: 100 percent). The customer is at liberty to show the resort that it incurred no or much lesser claim to use damages. The resort shall act to remedy such upon knowledge thereof or upon objection without undue delay by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep
any possible damage at a minimum.
4. The resort is not liable for any loss, injury, death, accident or damage sustained. However, the resort shall do its best to safeguard the interests of the customer. The resort's liability is in all cases limited to the purchased amount.
5. Insofar as a parking space in the resort parking lot is provided to the customer, this does not constitute a safekeeping agreement, even if a fee is exchanged. The resort assumes no liability for loss of or damage to motor vehicles parked or maneuvered on the resort's property, nor the contents thereof, excepting cases of intent or gross negligence.
6. Wake-up calls are carried out by the resort with the greatest possible diligence. Messages, mail and merchandise deliveries for guests are handled with care. The resort will deliver, hold, and for a fee forward such items (on request).