The following is an excerpt of information and details on the hotel terms and conditions and booking.
Please do not hesitate to contact our reception team should you have any queries or requests.
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AS OF: July 2022)
1 SCOPE
1.1 These terms and conditions shall apply to contracts for the rental of hotel rooms for lodging
purposes as well as any other services and deliveries provided by the hotel to the customer in this
context (hotel accommodation contract). The term “Hotel accommodation contract” includes and
replaces the following terms: Accommodation agreement, guest accommodation contract, hotel
contract, hotel room contract.
1.2 The subletting or reletting of the rooms provided as well as their use for purposes other than
accommodation shall require the prior consent of the hotel in text form, whereby Section 540 (1)
sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in
advance.
2 CONCLUSIONS OF THE CONTRACT, CONTRACTING PARTIES,
LIMITATION PERIOD
2.1 The contracting parties are the hotel and the customer. The contract is concluded upon
acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking
in text form.
2.2 Any claims against the hotel are generally subject to a limitation period of one year from the start
of the statutory limitation period. Claims for damages are subject to a limitation period of five years
from notification of the claim, unless they are based on injury to life, body, health, or freedom. Such
claims for damages are subject to a limitation period of ten years, irrespective of receipt of
notification thereof. The reductions in the statute of limitations do not apply to claims based on an
intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to reserve the rooms booked by the customer and to provide the agreed
services.
3.2 The customer is obliged to pay the agreed or applicable hotel prices for the provision of the room
and the other services which he has used. This also applies to services commissioned by the
customer directly or via the hotel which are provided by third parties and paid for by the hotel.
3.3 The agreed prices are inclusive of taxes and local charges applicable at the time of conclusion of
the contract. Not included are local taxes that are owed by the guest according to the respective
local law, such as visitor’s tax.
In the event of a change in the statutory value added tax or the introduction, amendment or
abolition of local levies on the object of performance after conclusion of the contract, the prices shall
be adjusted accordingly. In the case of contracts with consumers, this only applies if the period
between conclusion and performance of the contract exceeds four months.
3.4 The hotel may consent to a subsequent customer request for a reduction in the number of
booked rooms, the hotel’s services or the customer’s length of stay conditional upon an increase in
the price for the rooms and/or for the hotel’s other services.
3.5 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice.
The hotel may demand immediate payment of due sums from the customer at any time.
In the event of default in payment, the hotel shall be entitled to charge the respective applicable statutory default interest
in the amount of currently 8% above the base interest rate or, in the caseof legal transactions involving a consumer,
in the amount of 5% above the base interest rate.
The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand 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 in text form in the contract.
In the case of advance payments or security deposits for package tours, the statutory provisions
remain unaffected.
3.7 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of
the contract, the hotel shall be entitled, even after conclusion of the contract until the start of the
stay, to demand an advance payment or provision of security within the meaning of clause 3.6 above
or an increase in the advance payment or provision of security agreed in the contract, up to the full
agreed remuneration.
3.8 The hotel shall also be entitled to demand customer a reasonable advance payment or security
deposit as defined in clause 3.6 above from the customer at the beginning of and during the stay to
cover existing and future claims arising from the contract, insofar as such a payment has not already
been made in accordance with clause 3.6 and/or clause 3.7 above.
3.9 The guest may only offset or assign a claim against a claim of the hotel in the event that the
former’s claim is undisputed or legally enforceable.
4 WITHDRAWALS BY THE CUSTOMER (CANCELLATION,
ANNULMENT) / NON-UTILISATION OF THE HOTEL’S SERVICES (NO
SHOW)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of
withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists
or if the hotel expressly agrees to the cancellation of the contract. Such agreement on a right of
withdrawal as well as the possible consent to a cancellation of the contract shall be made in text
form in each case.
4.2 If a maximum date has been agreed between the hotel and the customer for cost-free for
withdrawal from the contract, the customer may withdraw from the contract up to that date without
triggering any claims for payment or damages on the part of the hotel. The customer’s right of
withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed
date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory
right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the
hotel shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The
hotel shall take into account the income from renting the rooms to other parties as well as any
expenses saved. If the rooms are not otherwise let, the hotel may make a flat-rate deduction for
expenses saved. In SUCH case, the customer is obliged to pay at least 90 % of the contractually
agreed price for overnight accommodation with or without breakfast as well as for package
arrangements with third-party services, 70 % for half-board and 60 % for full-board arrangements.
The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the
amount claimed.
5 CANCELLATIONS ON THE PART OF THE HOTEL
5.1 Insofar as it has been agreed that the customer may withdraw from the contract free of charge
within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract
during this period if there are enquiries from other customers for the contractually booked rooms
and the customer does not waive his right of withdrawal upon enquiry by the hotel within a
reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6
and/or Clause 3.7 is not made even after expiry of a reasonable grace period set by the hotel, thehotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel shall be entitled to extraordinary withdrawal from the contract for
objectively justified reasons, in particular in the event that:
– force majeure or other circumstances for which the hotel is not responsible make it impossible to
fulfil the contract;
– rooms or spaces have been booked on the basis of culpably misleading or false information or
material facts have been concealed; material facts may be the identity of the customer, the ability to
pay or the purpose of the stay;
– the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth
operation of the business, safety or public reputation of the hotel without this being attributable to
the hotel’s sphere of control or organisation;
– the purpose or reason for the stay is unlawful;
– there is a breach of clause 1.2 above.
5.4 Justified withdrawal on the part of the hotel does not entitle the customer to compensation.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been
expressly agreed.
6.2 Booked rooms are available to the customer from 4:30 pm on the agreed day of arrival. The
customer has no right to earlier provision.
6.3 On the agreed date of departure, the rooms must be vacated and made available to the hotel by
11:00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list
price) due to the late vacating of the room for its use in excess of the contract until 6:00 p.m., and
90% from 6:00 p.m. onwards. This shall not constitute grounds for contractual claims on the part of
the customer. He shall be at liberty to prove that the hotel has not incurred any claim to a charge for
use or that the claim is substantially lower.
7 LIABILITIES ON THE PART OF THE HOTEL
7.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or
health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent
breach of duty by the hotel or on an intentional or negligent breach of duties which typically form
part of the hotel’s contract. A breach of duty by the hotel is equivalent to that of a legal
representative or vicarious agent. Further claims for damages are excluded unless otherwise
provided for in this clause 7. Should the hotel services be disrupted or deficient, the hotel shall
endeavour to remedy the situation upon knowledge thereof or upon immediate complaint by the
customer. The customer is obliged to contribute whatever he can reasonably be expected to do in
order to remedy the disruption and keep any possible damage to a minimum.
7.2 The hotel shall be liable to the customer for items brought into the hotel in accordance with the
statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to
bring in money, securities and/or valuables worth more than 800 euros or other items worth more
than 3,500 euros, a separate storage agreement with the hotel is required.
7.3 Insofar as a parking space is provided for the customer in the hotel garage or in the hotel car
park, even for a fee, this shall not constitute a safekeeping contract. In the event of loss of or damage
to motor vehicles parked or manoeuvred on the hotel’s property and their contents, the hotel shall
only be liable in accordance with the above Clause 7.1, Sentences 1 to 4.
7.4 The hotel shall execute wake-up calls with the utmost care.
Messages, mail and consignments of goods for guests shall be handled with care. The hotel shall take
care of the delivery, storage and, on request, forwarding of the same against payment. The hotel
shall only be liable in this respect in accordance with the above section 7.1, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Amendments and supplements to the contract, application acceptance or these General Terms
and Conditions shall be made in text form. Unilateral amendments or supplements by the customer
are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction for
commercial transactions – also for cheque and bill of exchange disputes – is 85622 Weißenfeld.
Insofar as a contracting party fulfils the requirements of Section 38 (2) of the German Code of Civil
Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be
Munich.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale
of Goods and conflict law is excluded.
8.4 Should individually provisions of these General Terms and Conditions be or become invalid or
void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory
provisions shall apply.
Dogs and pets:
We ask for your understanding that pets are not allowed in the house. The exception is designated
assistance, companion or therapy animals.
Means of payment:
Bar, EC card, Visa, Mastercard, American Express
Parking:
Our underground car park is available to you for € 10.00/day, the in-house car park is free of charge.
Arcus Hotel
Vaterstettenerstr. 1
D-85622 Weißenfeld
Tel. +49 (0)89 – 90 900 700
E-Mail: info(at)arcushotel.de
Fax. +49 (0)89 – 90 900 900