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1.1 Diese Geschäftsbedingungen gelten für Verträge über die mietweise Überlassung von Apartments zur Beherbergung, sowie alle für den Kunden erbrachten weiteren Leistungen des Apartmenthotels Oberstdorf und weitere touristische Leistungen.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
1.3 Terms and conditions of the guest or customer only apply if this has been agreed in advance.
2.1 The contract is concluded when the apartment hotel accepts the customer’s application.
2.2 The contractual partners are the apartment hotel and the customer. If a third party has ordered for the customer, he is liable towards the hotel together with the customer as joint debtor.
2.3 All claims against the apartment hotel become statute-barred one year after the time at which the customer found out about the damaging event. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the apartment hotel.
3.1 The apartment hotel is obliged to keep the apartments booked by the customer ready and to provide the agreed services.
3.2 The customer is obliged to pay for the rental of the premises and the other services used by him at the applicable or agreed prices of the apartment hotel.
This also applies to services and expenses of the apartment hotel arranged by the customer to third parties.
The agreed prices include the respective statutory sales tax.
3.3 The apartment hotel may make its consent to a subsequent reduction in the number of apartments booked, the service provided by the hotel or the length of stay of the customer dependent on the price for the apartments and / or other services of the apartment hotel increasing.
3.4 Invoices from the apartment hotel are payable without deduction within 14 days of the invoice being sent.
The apartment hotel is entitled to demand accrued claims at any time and to demand immediate payment. In the event of late payment, the apartment hotel is entitled to charge interest at a rate of 4 % above the respective discount rate of the German Central Bank. The customer reserves the right to prove lower damage, the apartment hotel to prove higher damage.
3.5 In justified cases, e.g. if the customer is in arrears with payments, the hotel is entitled to refuse further services.
4.1 A withdrawal of the customer from the contract concluded with the apartment hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract must be paid even if the customer does not use contractual services.
4.2 If an appointment to withdraw from the contract has been agreed in writing between the apartment hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the apartment hotel.
The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the apartment hotel in writing by the agreed date, unless the apartment hotel is in default of performance or there is an unacceptable impossibility of providing the service.
4.3 If a right of withdrawal has not been agreed, there is no statutory right of termination or withdrawal and if the apartment hotel does not consent to the cancellation of a contract, the hotel retains the right to the agreed payment despite not making use of the service.
The apartment hotel must offset the income from renting the apartments to other parties as well as saved expenses. If there is no other rental, the apartment hotel can charge a flat rate for the damage incurred by the customer.
The customer is then obliged to pay the agreed or customary price if the contractual services are not used, less the expenses saved by the landlord. Experience shows that the savings amount to 10% for overnight stays, and 20% of the agreed price for bed and breakfast stays.
The customer is free to prove that no damage has occurred or that the damage incurred is lower than the required flat rate.
5.1 If a customer’s right of withdrawal has been agreed in writing within a certain period, the apartment hotel is also entitled to withdraw from the contract during this period (e.g. non-compliance with contractually agreed advance payment).
5.2 Furthermore, the apartment hotel is entitled to extraordinarily withdraw from the contract for objectively justifiable reasons, for example if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
– Apartments with misleading or false information about essential facts, e.g. booked in the person of the customer or the purpose
– the hotel has reasonable grounds to believe that the use of the hotel’s services may endanger the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the sphere of control or organization of the hotel.
– there is a violation of the scope of application paragraph 1.2 above.
5.3 If the apartment hotel withdraws justifiably, the customer is not entitled to compensation.
6.1 Booked apartments are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.2 The apartments must be vacated and made available by 10:00 a.m. on the agreed departure date.
7.1 The apartment hotel is liable for its obligations under the contract.
Claims by the customer for compensation are excluded. This does not include damage to life, limb or health if the apartment hotel is responsible for the breach of duty, other damage that is based on an intentional or grossly negligent breach of duty by the apartment hotel and damage that is caused by an intentional or negligent injury to contractual obligations of the hotel.
Should faults or defects occur in the services of the apartment hotel, the hotel will endeavor to remedy the situation if the customer becomes aware of it or if the customer gives notice immediately.
The customer is obliged to contribute what is reasonable to him to remedy the malfunction and to keep possible damage to a minimum.
7.2 The apartment hotel is liable to the customer for property brought in according to the statutory provisions. The apartment hotel expressly assumes no liability for the loss of cash and other valuables.
7.3 If the customer is provided with a parking space in the garage or on the hotel car park (also for a fee), this does not result in a custody contract. The hotel is not liable for loss of or damage to vehicles, trailers and bicycles parked or maneuvered on the hotel property and their contents, except in the case of intent and gross negligence.
8.1 Changes and additions to the contract or these general terms and conditions should be made in writing.
Unilateral changes or additions by the customer are invalid.
8.2 Place of fulfillment and payment as well as exclusive place of jurisdiction is the location of the apartment hotel.
8.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.
8.4 Should individual provisions of these general terms and conditions be or become invalid or void, this does not affect the effectiveness of the remaining provisions.
In addition, the statutory provisions apply.
Note to COVID-19:
We would like to indicate that it is the responsibility of the booking party to implement the official instructions in his / her federal state / district / urban district independently. If the guest’s home town is declared a risk area, travel is only possible if the relevant requirements for entering Bavaria are met.
