GENERAL TERMS AND CONDITIONS OF BUSINESS

 
1 SCOPE

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services provided to the customer by the bed and breakfast "SCHALLs" in this context. (Hotel accommodation contract).
1.2 Subletting or further letting of the provided rooms, as well as their use for purposes other than accommodation, requires the prior written consent of the SCHALLs.
1.3 The customer's general terms and conditions only apply if this has been agreed and recorded in writing.

2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS

2.1 The contracting parties are BnB SCHALLs and the customer. The contract is concluded upon acceptance of the customer's application by SCHALLs. SCHALLs is free to confirm the room booking in written form.
2.2 When a customer books via the booking portal of the website "schall-bnb.de", the booking process becomes legally binding by clicking the "Book" button. The customer thereby accepts these terms and conditions. SCHALLs will confirm receipt of the booking to the customer via email (order confirmation).
If the booking is made via the website by a consumer within the meaning of § 13 BGB (i.e. a natural person who makes the booking for a purpose that cannot be attributed to either their commercial or their independent professional activity), Therefore, the transaction is generally considered a Fernabsatzgeschäft within the meaning of Section 312c of the German Civil Code (BGB). In the case of a Fernabsatzgeschäft, the consumer may in principle be entitled to a right of withdrawal within the meaning of Section 312g Paragraph 1 of the German Civil Code (BGB) in conjunction with Section 355 of the German Civil Code (BGB). It is expressly pointed out that, in the case of booking hotel services via the website, consumers are not entitled to a right of withdrawal in accordance with § 312g para. 2 sentence 1 no. 9 of the German Civil Code (BGB).
2.3 The contracting parties are SCHALLS and the customer. If a third party has made the booking for the customer, the customer is jointly and severally liable to SCHALLS together with the third party for all obligations arising from the hotel accommodation contract, provided that SCHALLS has received a corresponding declaration from the third party.
2.4 All claims against SCHALL are generally subject to a one-year statute of limitations, commencing from the start of the regular limitation period as defined in Section 199 Paragraph 1 of the German Civil Code (BGB). This does not apply to claims for damages or other claims based on an intentional or grossly negligent breach of duty by SCHALLs.

3 SERVICES, PRICES, PAYMENT

3.1 SCHALLs is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of SCHALLs for the room rental and any additional services used. This also applies to services commissioned by the customer directly or via SCHALLs, which are provided by third parties and paid for in advance by SCHALLs.
3.3 The agreed prices include taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes that are payable by the guest according to the respective municipal law, such as tourist tax. If the statutory value added tax changes or if local taxes on the subject matter of the contract are introduced, amended or abolished after the conclusion of the contract, the prices will be adjusted accordingly. In contracts with consumers, this only applies if the period between the conclusion of the contract and its fulfillment exceeds four months.
3.4 SCHALLs may make its consent to a subsequent reduction in the number of booked rooms, the services provided by SCHALLs, or the length of stay requested by the customer conditional upon a reasonable increase in the price for the remaining rooms and/or for other services provided by SCHALLs.
3.5 SCHALL's invoices are due immediately and without deduction according to the payment terms of the overnight rates. If payment by invoice has been agreed, payment must be made – unless otherwise agreed – within ten days of receipt of the invoice without deduction.
3.6 The customer agrees that the invoice may be sent to him electronically.

4 CUSTOMER CANCELLATION (CANCELLATION, NO-SHOW) / FAILURE TO USE THE SERVICES OF THE SCHALLs

4.1 A customer's withdrawal from the contract concluded with SCHALLs is only possible if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists, or if SCHALLs expressly agrees to the cancellation of the contract.
4.2 If a deadline for free cancellation of the contract has been agreed between SCHALL and the customer, the customer can cancel the contract up to that date without triggering any payment or damage claims from SCHALL.
4.3 If a right of withdrawal has not been agreed upon or has already expired, and SCHALLs does not agree to a cancellation of the contract, SCHALLs retains the right to the agreed remuneration despite non-utilization of the service. SCHALLs must take into account the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented out to other parties, SCHALLs can apply a flat-rate 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. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

5 CANCELLATION BY SCHALLs

5.1 When granting an option, SCHALLs is entitled to withdraw from the contract if inquiries from other customers for the reserved rooms are received and the customer, upon inquiry from SCHALLs with a reasonable deadline, is not prepared to make a firm booking.
5.2 If an agreed advance payment or one based on a tariff is not made even after the expiry of a reasonable grace period set by SCHALLs, SCHALLs is entitled to withdraw from the contract.
5.3 Furthermore, SCHALLs is entitled to withdraw from the contract extraordinarily for objectively justified reasons:
- in case force majeure or other circumstances beyond SCHALL's control make the fulfillment of the contract impossible
- Rooms or premises are booked culpably under misleading or false pretenses or by withholding essential facts
- SCHALL has serious reasons to believe that the use of the service may jeopardize the smooth operation of its business, its security, or its public image, without this being attributable to SCHALL's sphere of control or organization.
- the purpose or reason for the stay is unlawful.
5.4 SCHALL's justified withdrawal does not entitle the customer to compensation.

6 ROOM PREPARATION, CHECK-IN AND CHECK-OUT

6.1 The customer does not acquire any right to the allocation of specific rooms unless this has been expressly agreed in writing.
6.2 Booked rooms are available to the customer from 3:00 PM on the day of arrival. The customer has no right to earlier access.
6.3 On the day of departure departure, the rooms must be left and made available to SCHALL by latest 11:00 a.m. SCHALLs may then charge 50% of the full room price (price according to the price list) for the use of the room beyond the agreed time until 3:00 pm due to the delayed vacating of the room, from 3:00 pm 90%. This does not establish any contractual claims for the customer. He is free to prove that SCHALLs has no claim to a usage fee or a significantly lower claim.

7 LIABILITY OF SCHALLs

7.1 SCHALL is liable for damages for which it is responsible, which are based on an intentional or grossly negligent breach of duty by SCHALL or on an intentional or negligent breach of typical contractual obligations by SCHALLs. Typical contractual obligations are those obligations that enable the proper execution of the contract and on whose fulfillment the customer relies and is entitled to rely. A breach of duty on the part of SCHALLs is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause 7. Should any disruptions or defects occur in SCHALLs´ services, SCHALLs will endeavor to remedy the situation upon becoming aware of it or upon receiving immediate notification from the customer. The customer is obliged to undertake reasonable efforts to rectify the disruption and minimize any potential damage.
7.2 SCHALLs is liable to the customer for items brought onto the premises in accordance with statutory provisions. SCHALLs recommends using the hotel or room safe. If the customer wishes to deposit money, securities and valuables with a value exceeding 800 euros or other items with a value exceeding 3,500 euros, a separate safekeeping agreement with SCHALLs is required.
7.3 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 safekeeping agreement. SCHALLs shall only be liable for loss or damage to motor vehicles parked or moved on the hotel premises and their contents in accordance with the provisions of section 7.1 above, sentences 1 to 4.
7.4 Wake-up calls are carried out by SCHALL with the utmost care. Messages for customers are handled with care. SCHALLs can, after prior agreement with the customer, accept, store and – upon request – forward mail and goods shipments for a fee. SCHALLs shall only be liable in accordance with the provisions of section 7.1, sentences 1 to 4 above.

8 FINAL PROVISIONS

8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions must be made in written form. Unilateral changes or additions are invalid.
8.2 The place of performance and payment, as well as the exclusive place of jurisdiction, is Dettingen. Provided the customer 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, Bad Urach shall be the place of jurisdiction.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
8.4 In accordance with legal requirements, SCHALLs 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, SCHALLs does not participate in dispute resolution proceedings before consumer arbitration boards.