General Terms and Conditions (GTC) of good places Tegernsee GmbH

 

Scope

1. These terms and conditions apply to contracts of good places Tegernsee GmbH (Blyb.Hotel) for the rental of hotel rooms for accommodation as well as all additional services and deliveries provided by the hotel in connection with this for the customer.

2. The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, with the exception of Section 540 (1) sentence 2 of the German Civil Code (BGB) if the customer is not a consumer within the meaning of Section 13 of the BGB.

 

Conclusion of Contract, Contracting Parties, Statute of Limitations

1. These general terms and conditions apply to all contracts concluded that meet the criteria of the General Terms and Conditions Act (AGBG). Individually negotiated conditions may partially replace these terms and conditions.

2. The customer or guest is solely liable for all objects or materials left by him/her in publicly accessible areas, technical facilities, or event rooms of the hotel. The hotel can only be held liable for objects in the room if they are personal belongings that the customer needs during his/her stay in the room. Liability is limited to the permissible extent. Valuables such as jewelry, cash, designer clothing, etc., must be deposited at the hotel reception, subject to a separate storage agreement with an authorized person. The hotel is not liable for valuables that have not been deposited.

3. All prices and agreements are quoted in euros. If other currencies are mentioned, they are for reference purposes only, based on the exchange rate valid at the time of publication.

4. Providing a parking space on the hotel premises does not constitute a storage contract. The hotel is not obliged to monitor the parking space.

 

Services, Prices, Payments, Offset

1. A contract is concluded when an identical confirmation follows the order. For hotel accommodation, the accommodation contract (guest accommodation contract) is deemed to have been concluded, even if the room was provided without prior confirmation. Both contracting parties are obliged to fulfill the contract, regardless of the duration of the contract. The contract cannot be terminated unilaterally.

2. On the agreed departure day, the rooms must be vacated and made available to the hotel no later than 11:30 am. If the room is not vacated on time, the hotel may charge 50% of the full room rate (price according to the price list) for the unauthorized use of the room until 6:00 pm, and 100% after 6:00 pm. This does not establish contractual claims for the customer.

3. The customer is free to prove that no or significantly lower usage fees are due to the hotel.

4. The specified room rates include value-added tax and service charges and apply for a period of one day.

5. The invoice amount is due immediately upon receipt of the invoice, without deduction.

6. The acceptance of credit cards is at the discretion of the hotel, regardless of the general acceptance notices displayed. Acceptance of credit cards, checks, and other means of payment is for the purpose of fulfillment only.

7. All payments for products or services must be made in the agreed currency and in accordance with the specified payment terms. Cash payments are not accepted.

8. If the period between the conclusion of the contract and the utilization of the service exceeds four months and the price charged for the service changes, it is permitted to adjust the agreed price accordingly, but by a maximum of 10%. If the applicable value-added tax rate changes, the agreed price will be adjusted accordingly.

9. Refunds for paid but unused services or partial payments are not possible.

10. In case of payment delay, the hotel is entitled to charge an interest rate of 4.5% above the current Bundesbank discount rate.

11. If the invoice amount exceeds EUR 500.00, a consolidated invoice can be provided upon customer request. The invoices must be settled within 14 days of receipt. The hotel may demand payment of individual invoices in advance.

12. The default in payment of a single invoice entitles the hotel to suspend all further and future services for the customer. The hotel makes this decision without prior notice.

13. For stays of more than six days or an invoice amount exceeding EUR 300.00, the hotel reserves the right to issue an interim invoice.
If the customer is not simultaneously the client or guest or if the order is placed on behalf of another person, both are jointly and severally liable.

14. The hotel endeavors to carry out wake-up calls with the utmost care. However, claims for damages due to possible omissions are excluded.

15. Messages, mailings, packages, etc. intended for the customer are handled with the utmost care. The hotel assumes responsibility for storage, delivery, and, upon request and for a fee, forwarding of the same. However, liability for loss, delay, or damage is excluded.

16. Customer’s abandoned items will be sent back upon request, at the customer’s risk and expense. The hotel undertakes to keep such items for 6 months. Thereafter, if they have a recognizable value, they will be handed over to the local lost property office.

17. The hotel may refuse to provide its services until the due consideration has been provided.

18. Cancellation declarations must be submitted in writing as a general rule.

19. Free cancellation up to 7 days before arrival. In case of later cancellation, we reserve the right to charge 100% of the accommodation cost to the credit card.

20. The hotel reserves the right to unilaterally cancel the accommodation contract or revoke a confirmed reservation, especially under special circumstances such as natural disasters, exceptional events, official orders, or other unforeseeable events that significantly impede or make the fulfillment of the contract impossible. In such cases, the hotel will promptly inform the guest about the cancellation and refund any payments already made. The guest has no entitlement to compensation or other forms of indemnification.

The agreed cancellation conditions in the contract apply.

 

Special Conditions for Conferences, Seminars, and Other Hospitality Services (Events)

The contract is considered concluded once the hotel has provided a written order confirmation.

1. The organizer is the person who acts as such towards the hotel, regardless of whether they have the power of representation or not. In case of doubt, they are jointly and severally liable with the actual organizer.

2. If the organizer is a political, ideological, or religious organization or concerns Scientology groups and/or their front organizations or similar, explicit written approval from the hotel management is required to make the contract effective. If the organizer conceals that it is such an association, the hotel has the right to terminate the contract and claim at least the agreed prices as compensation. The same applies if the nature of the event could jeopardize the reputation or safety of the hotel or disrupt the smooth business operations.

3. Subletting or further rental by the organizer requires the explicit written consent of the hotel.

4. The agreed service includes the partial services specified in the order and bindingly confirmed with the order confirmation.

5. The reserved rooms are available to the organizer during the agreed period. They must be vacated and properly handed over after the event.

6. The participant number specified by the organizer in writing up to three working days before the start of the event is considered binding. In case of a deviation of more than 10% downward, the guaranteed number of participants will be used as the basis for calculation. In case of a deviation of more than 10% upward, the hotel cannot guarantee the agreed service can be provided. In this case, the hotel is entitled to increase the agreed price accordingly. The cancellation deadlines and fees according to the provisions for overnight stays apply accordingly.

7. The hotel may request an advance payment from the organizer.

8. In general, the organizer is not allowed to bring their own food or beverages to the events. In exceptional cases, a written special agreement can be made. In this case, the hotel may charge a service fee.

9. If disruptions or defects occur in the technical or other facilities provided by the hotel, the hotel will make every effort to remedy them immediately. However, this shall not entitle the guest to withhold or reduce payment. If the hotel procures technical or other facilities from third parties on behalf of the organizer, it does so on behalf of the organizer.

10. In the event of disruptions or defects in the technical or other facilities provided by the hotel, the hotel will make every effort to remedy them immediately. However, the organizer shall not derive any right to withhold or reduce payment from this. If the hotel procures technical or other facilities from third parties on behalf of the organizer, it does so on behalf of and at the expense of the organizer.

11. The organizer is responsible for the proper treatment and return of the rooms and facilities and indemnifies the hotel from any claims by third parties. The attachment of decoration materials or other items is not permitted without the explicit consent of the hotel. If such consent is given, the organizer is responsible for ensuring that the decoration materials comply with fire safety regulations. The organizer is liable for damages of any kind without the need for proof of fault.

12. Newspaper advertisements or other publications that contain invitations to events with the mention of the hotel name and address generally require prior written consent from the hotel. If such publication is made without consent, the hotel reserves the right to cancel the event, even at short notice. The resulting costs or claims for damages shall be borne by the organizer.

13. The organizer is obliged to obtain any necessary official permits for the event at their own expense and in a timely manner. The organizer is responsible for compliance with public law requirements and other regulations. Fees payable to third parties (in particular, GEMA fees or similar) must be paid directly by the organizer to the respective creditor.

14. The costs for the disposal of packaging material or similar will be invoiced separately to the organizer unless they perform the disposal themselves.

15. In the event of force majeure, strike, or similar events, the hotel is entitled to withdraw from the contract without any liability for damages.

 

Liability

The provisions of §§ 701 to 703 of the German Civil Code (BGB) apply. Liability for other reasons is excluded unless the damage was caused by gross negligence or intent on the part of the hotel or its vicarious agents.

If the contractual partner is a merchant, they shall be fully liable for all contractual obligations, including those of participants or guests.

 

House Ban

1. We reserve the right to deny access to our hotel to individuals with a right-wing attitude or behaviors that propagate hate, discrimination, or violence.

2. We attach great importance to an open and tolerant atmosphere in which all our guests are treated with respect. Racist, extremist, or discriminatory statements, actions, or symbols are not tolerated in our hotel.

3. Should we become aware that a guest has a right-wing attitude or exhibits such behavior, we reserve the right to terminate the respective room rental agreement and promptly remove the guest from the hotel.

4. In the event of a house ban due to a right-wing attitude, there is no entitlement to a refund of already paid amounts for the booking.

5. We reserve the right to decide at any time and at our own discretion on the implementation of a house ban if it is necessary in the interest of the safety, well-being, and atmosphere of our hotel.

 

Other provisions

Place of performance and payment is the registered office of the hotel.

The place of jurisdiction is the registered office of the hotel. If a contracting party meets the requirements of § 38 para. 1 ZPO (Code of Civil Procedure) and does not have a general place of jurisdiction in Germany.

good places tegernsee GmbH 2023 Gmund