General Business Terms and Conditions

The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference.

General Business Terms and conditions for Hotel Accomodation Contracts

1 Area of application

1.1 These General Business Terms and Conditions apply to contracts on the provision for rental use of hotel rooms for lodging and to all other services and supplies provided to the customer by the hotel in this connection (Hotel Accommodation Contract). They do not apply to package travel within the meaning of section 651a German Civil Code (BGB). The term “Hotel Accommodation Contract” encompasses and replaces the following terms: lodging, guest accommodation, hotel and hotel room contract.

1.2 The sub-letting and re-letting of the rooms provided for use and the use thereof for any purposes other than those of lodging is subject to the prior consent of the hotel in text form, whereby the right to terminate pursuant to section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded.

1.3 General business terms and conditions of the customer shall only be applicable if this has been explicitly agreed in text form.

2 Concluding the contract, contract parties

2.1 The hotel and the customer are the parties to the contract. The contract is concluded by acceptance by the hotel of the application made by the customer. If the booking is made via the hotel’s own web page, the contract is concluded by clicking the button confirming the reservation and the customer’s obligation to pay.

3 Services, prices, payment, off-set

3.1 The hotel is obliged to keep the rooms reserved by the customer available and to render the services agreed.

3.2 The customer is obliged to pay the hotel’s prices that are agreed for or applicable to the provision of the room for use and to other services used by the customer. This also applies to services ordered by the customer either directly or through the hotel which are performed by third parties and paid for in advance by the hotel.

3.3 The prices agreed are inclusive of the taxes and local taxes applicable at the time when the contract is concluded. They do not include local taxes such as local visitor’s tax [Kurtaxe] which the guest owes himself or herself under local community law.       
The prices shall be adjusted accordingly in the event of changes to the statutory value added tax or of the introduction, change or elimination of local taxes on the subject matter of the contract after the contract has been entered into. In the case of contracts with consumers, this only applies if the period of time elapsing between the date of conclusion of the contract and the date of performance of the contract is longer than four months.

3.4 If payment by invoice [Zahlung auf Rechnung] is agreed, payment shall be made within ten days of receipt of the invoice without any deductions being made, unless otherwise agreed.

3.5 When the contract is entered into, the hotel has the right to request a reasonable advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. In the event of advance payments or security for package travel, the provisions of statute shall remain unaffected. The provisions of statute shall apply in the event of late payment by the customer.

3.6 In justified cases, for example if the customer is in arrears in payment or if the scope of the contract is extended, the hotel has the right to demand, even after the contract has been concluded up until the time when the residence commences, advance payment or security as set out in subsection 3.5 above or an increase in the amount of the advance payment or security agreed in the contract up to the full amount of the remuneration agreed.

3.7 Further, the hotel has the right to request, at the beginning and during the course of the customer’s stay, a reasonable advance payment or security within the meaning of subsection 3.5 above for existing and future claims under the contract, insofar as no such payment or security has already been made or provided pursuant to subsection 3.5 and/or 3.6 above.

3.8 The customer may only offset or net out an undisputed claim or a claim established by final and absolute court decision against a claim of the hotel.

3.9 The customer is in agreement with the invoice being sent to the customer by electronic transmission.

4 Revocation / Termination ("cancellation" by the customer / No use of the hotel services ("no show")

4.1 It is only possible for the customer to unilaterally dissolve the contract concluded with the hotel if a revocation right has been explicitly agreed in the contract, if there is a statutory revocation right or termination right. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall in each case be made in text form, i.e. in writing.

4.2 If the hotel and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the hotel. The customer’s revocation right expires if the customer does not exercise this right vis-à-vis the hotel in text form by the agreed deadline.

4.3 If no revocation right has been agreed or if it has already expired, and if there is no statutory right of revocation or termination and if the hotel does not agree to the cancellation of the contract, then the hotel retains its entitlement to the remuneration agreed although the service was not used. The hotel shall offset income from otherwise letting the rooms and saved expenditures. If the rooms are not otherwise let, the hotel can apply a flat rate for the saved expenditures. If the rooms are not otherwise let, the hotel can apply a flat rate for the saved expenditures. In this case the customer is obliged to pay 90% of the contractually-agreed price for overnight accommodation with or without breakfast and for package deals with third party services, 70% for half board and 60% for full board. The customer is at liberty to demonstrate that the above claim did not arise or not in the amount claimed.

4.4 You can cancel your booking free of charge up to 5 days before arrival (except bank holidays, deals, fair periods, conferences, meetings, events, corporate rates). For public holidays a free cancellation applies up to 14 days before, Christmas and New Year's Eve arrangements can be cancelled free of charge up to 21 days before arrival. Separate conditions apply for overnight stays including breakfast. For a later cancellation or in case of no-show, according to DEHOGA guidelines 90 % of the lodging or arrangement price will be charged, for rates and arrangements that cannot be cancelled free of charge 100 %.

4.5 We offer you our Göbel Hotels vacation insurance in case of unforeseeable events that make it impossible for you to start or finish your vacation. This comes into effect if you are unable to start or have to prematurely terminate your vacation with us due to corona, accident, sudden serious illness or serious damage to your property (apartment or house). In addition, the protection is also effective if one of the events affects one of your close relatives. Protect yourself against cancellation fees of up to 90% for a small fee starting at € 20 per person (calculated based on the number of nights) with our vacation coverage. More information >>

5 Revocation by the hotel

5.1 If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the hotel has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved rooms and if the customer does not waive its revocation right after a request is made by the hotel and a reasonable time period set. This shall apply accordingly if the customer has been granted an option and if other inquiries are made and the customer is not prepared to make a firm booking after a request is made by the hotel and a reasonable time period set.

5.2 The hotel also has the right to revoke the contract if an advance payment or security agreed or required in accordance with subsection 3.5 and/or subsection 3.6 has not been paid after an appropriate period of grace set by the hotel has expired.

5.3 Further, the hotel has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of

• force majeure or other circumstances for which the hotel is not responsible, which render performance of the contract impossible;
• rooms being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
• the hotel having reasonable grounds to assume that the use of the service can jeopardize the smooth running of the business, the safety or public reputation of the hotel without this being attributable to the area of responsibility or organization of the hotel;
• the purpose of or the reason for the stay being in violation of the law;
• a breach of subsection 1.2.

5.4 Revocation by the hotel that is justified does not give the customer the right to claim damages. If, in the event of revocation under subsection 5.2 or 5.3 above, the hotel has a claim for damages against the customer, the hotel can claim this as a flat rate. In this case, subsection 4.3 shall apply accordingly.

6 Making the room available, handover and return

6.1 The customer does not acquire a right to the provision of specific rooms unless this has been explicitly agreed in text form.

6.2 The reserved rooms shall be available for use by the customer with effect from 15:00 hours on the agreed date of arrival. The customer has no right to earlier availability.

6.3 The rooms shall be vacated and available for use by the hotel by 11:00 noon at the latest on the agreed departure date. After this time, as the room was vacated late, the hotel has the right to charge for the room use exceeding that which was contractually agreed in an amount of 50% of the full accommodation price up until 18:00 hours and in an amount of 90% after 18:00 hours (price as per price list). This does not give rise to contractual rights of the customer. The customer is at liberty to demonstrate that the hotel did not acquire a claim for compensation for use or acquired a significantly lower claim.

7 Liability of the hotel

7.1 The hotel is liable for damage which it is accountable for resulting from injury to life, body or health. It is further liable for other damage which is based on an intentional or grossly-negligent breach of duty of the hotel or on an intentional or negligent breach of duties of the hotel typical of the type of contract [vertragstypischen Pflichten]. Duties typical of the type of contract are those duties which enable the proper execution of the contract altogether and which the customer relies on being performed and is able to rely on being performed. A breach of duty of a statutory representative or person engaged in performance of an obligation of the hotel [Erfüllungsgehilfe] is equivalent to a breach of duty of the hotel. More far-reaching claims for damages are excluded unless otherwise provided for in this Section 7. If there should be any disruptions or deficiencies in the services of the hotel, the hotel shall endeavor to remedy this when it has knowledge thereof or upon a complaint being made without undue delay by the customer. The customer is obliged to contribute what it can be reasonably expected to contribute in order to remedy the disruption and minimize possible damage.

7.2 The hotel is liable to the customer in accordance with the provisions of statute for items brought with the customer. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring with him or her money, securities or valuables valued at over Euro 800 or other property items valued at over Euro 3,500, a separate safekeeping agreement must be entered into with the hotel.

7.3 If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even if this is for payment, a custody contract is not concluded as a result. If cars parked or driven on the hotel premises or the contents thereof are lost or damaged, the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.

7.4 Wake-up calls are made with great care by the hotel. Messages for customers are treated with care. After prior agreement with the customer, the hotel can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.

8 VOUCHERS AND FREE GRATUITIES

8.1 The purchase of Vouchers constitutes, in business terms, the exchange of means of payment with the corresponding value printed on them. The company therefore only issues value vouchers, even if the vouchers purchased are accompanied by a recommendation for a precise service. A crediting is therefore only carried out via the value deposited in the company. The customer has no legal claim to the performance of a recommended service.

8.2 The original voucher document is valid as a means of payment upon presentation. The owner does not have to be the recipient of the voucher, unless this is explicitly stated on the voucher document.

8.3 The validity of the vouchers is mutually agreed at the time of purchase to be 3 years. After expiry of this agreed period, there is no legal claim to redemption.

8.4 The redemption of free vouchers or coupons and discounts is subject to special regulations: Only one voucher may be redeemed per booking or reservation and only if no previously purchased voucher is used for payment. In the case of vouchers purchased, on the other hand, it is regulated in such a way that these can be credited in total, but that crediting of free vouchers / coupons is excluded.

8.5 A cash payment of the voucher is excluded in principle.

8.6 Vouchers will be dispatched immediately after the order has been placed - as a rule on the same working day. Vouchers will be delivered to the delivery address specified by the customer. The purchase contract for the voucher becomes effective upon delivery to the customer. The company assumes no liability, e.g. for vouchers delivered too late and associated damage. Vouchers are sent at the customer's own risk. Collection from the business premises is also possible. In the case of voucher delivery before receipt of the value amount, e.g. by sending by invoice, the retention of title applies. The redemption of the voucher shall then be refused until the amount has been paid in full.

8.7 To redeem the voucher, an appointment must be made and the original voucher must be brought to the appointment. If this appointment cannot be kept, it must be cancelled by the customer within business hours, taking into account the cancellation period. If the appointment is not cancelled in due time, the company reserves the right to deduct the cancellation fees from the voucher value. In case of no-show without cancellation, the voucher is considered redeemed and loses its validity!

9 Final provisions

9.1 Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective.

9.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction - also for disputes regarding cheques and bills of exchange - shall be the location of the hotel. The hotel can, however, at its election, also bring legal action against the customer at the place of the customer’s registered office. This also applies to customers not covered by sentence 1 above if they do not have their registered office or place of residence in an EU member state.

9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

9.4 In compliance with its statutory obligation the hotel points out that the European Union has set up an online platform for the extrajudicial resolution of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/         
The hotel does not, however, participate in dispute resolution proceedings held before consumer dispute resolution bodies.

Status: March 2022

(c) Hotelverband Deutschland (IHA) e.V.

The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference.

General Terms and Conditions for Events, Seminars, Conferences & Groups

I. SCOPE OF APPLICATION

1. These terms and conditions shall apply to contracts for the rental of conference, banquet and event rooms of the hotel for the purpose of holding events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as to all other services and supplies provided by the hotel to the customer in this connection.

2. Subletting or re-letting of the rooms, areas or showcases provided as well as invitations to interviews, sales or similar events 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.

3. The customer's general terms and conditions shall apply only if expressly agreed in text form in advance.

II. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIABILITY, LIMITATION PERIOD

1. The contract shall be concluded by the hotel's acceptance of the customer's application; these are the contracting parties. The hotel shall be at liberty to confirm the booking of the event in text form.

2. If the customer/orderer is not the organiser himself or if a commercial intermediary or organiser is engaged by the organiser, the organiser shall be jointly and severally liable with the customer for all obligations arising from the contract, provided the hotel has received a corresponding declaration from the organiser.

3. The hotel shall be liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of duties typical of the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and minimise any possible damage. In addition, the customer is obliged to inform the hotel in good time of the possibility of an exceptionally high loss.

4. All claims against the hotel shall in principle become statute-barred one year after the statutory commencement of the limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The reductions in the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. SERVICES, PRICES, PAYMENT, SET-OFF

1. The hotel is obligated to provide the services ordered by the customer and promised by the hotel.

2. The customer shall be obliged to pay the hotel's agreed or applicable prices for these and other services used. This shall also apply to services and expenses of the hotel to third parties arranged by the customer, in particular also to claims of copyright collecting societies. The agreed prices include the respective statutory value added tax.

3. If the consumer price index for Germany officially determined and published by the Federal Statistical Office for the Federal Republic of Germany changes by at least 3 or more percent compared to the status at the time of the commencement of the contract (date of signature), the hotel shall have the option to adjust the agreed prices in the same percentage ratio. The review as well as the possible recalculation of the offer shall take place before the end of the free cancellation period. If an index recalculation is published during the term of the contract, the new original calculation must be used.

4. Invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables 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% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.

5. the hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates may be agreed in text form in the contract.

6. 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 and up to the start of the event, to demand an advance payment or security deposit within the meaning of No. 4 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

7. the customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION)

1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in text form. If such consent is not given, the agreed room rent under the contract as well as services arranged with third parties shall be payable in any case, even if the customer does not make use of contractual services and subletting is no longer possible.

2. If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge in text form, 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 shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel in text form by the agreed date.

3. If the customer withdraws only between the 8th and 4th week before the date of the event, the hotel shall be entitled to charge 35% of the lost food turnover in addition to the agreed rental price, and 70% of the food turnover in the event of any later withdrawal.

4. The calculation of the food turnover shall be based on the formula: agreed menu price x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis.

5. If a flat-rate conference fee per participant has been agreed, the hotel shall be entitled to charge 60% of the flat-rate conference fee x agreed number of participants in the event of cancellation between the 8th and the 4th week before the date of the event, and 85% of the flat-rate conference fee x agreed number of participants in the event of cancellation at a later date.

6. the deduction of saved expenses is taken into account by nos. 3 to 5. The customer is free to prove that the above claim did not arise or did not arise in the amount claimed.

V. WITHDRAWAL OF THE HOTEL

1. If it has been agreed in text form 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 within this period of time if there are enquiries from other customers regarding the contractually booked event rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.

2. If an agreed advance payment or security deposit, or one required in accordance with Clause III(4) and/or (5) above, is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

3. Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; events or rooms are culpably booked under misleading or false statements of facts essential to the contract, e.g. the customer or the purpose of the event; the hotel has reasonable grounds to assume that the event may jeopardise the smooth operation of the business, the safety or the reputation of the hotel in the public without this being attributable to the hotel's sphere of control or organisation; the purpose or the reason for the event is unlawful; - there is a violation of Item I No. 2.

4. In the event of justified withdrawal by the hotel, the customer shall have no claim to damages.

VI. CASE OF COMPLAINT

In the event of a complaint, the contract partner must notify the responsible department manager of any defects without delay, i.e. before or during the event, so that the hotel has the timely opportunity to remedy the defect. Insofar as the right of complaint is not exercised by the customer within the aforementioned period, any subsequent assertion of claims in this regard shall be excluded.

VII. CHANGES IN THE NUMBER OF PARTICIPANTS AND THE TIME OF THE EVENT

1. The hotel must be notified of any change in the number of participants by more than 5% no later than five working days prior to the commencement of the event; such change shall require the hotel's consent in text form.

2. A reduction in the number of participants by the customer by a maximum of 5% shall be recognised by the hotel in the settlement of accounts. In the event of deviations exceeding this, the originally agreed number of participants less 5% shall be used as a basis. The customer has the right to reduce the agreed price by the expenses saved as a result of the lower number of participants, which must be proven by the customer.

3. In the event of an upward deviation, the actual number of participants shall be charged.

4. In the event of deviations in the number of participants by more than 10%, the hotel shall be entitled to reset the agreed prices and to exchange the confirmed rooms unless this is unreasonable for the customer.

5. If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge appropriately for the additional service provided, unless the hotel is at fault.

VIII. BRINGING FOOD AND BEVERAGES

As a general rule, the customer may not bring food and beverages to events. Exceptions require an agreement in text form with the hotel. In such cases, a contribution to cover overhead costs shall be charged.

IX. BRINGING ANIMALS

Animals are not permitted in the conference and event area. Animals are also not allowed in the other public areas such as the restaurant, bar or wellness area.

X. TECHNICAL EQUIPMENT AND CONNECTIONS

1. To the extent that the hotel procures technical and other equipment from third parties for the customer at the customer's instigation, the hotel shall act in the name of, on the authority of, and for the account of the customer. The customer shall be liable for the careful handling and proper return of the equipment. He shall indemnify the hotel against all claims of third parties arising from the provision of such facilities.

2. The use of the customer's own electrical equipment using the hotel's power supply system requires the customer's consent in text form. Any disruptions or damage to the hotel's technical equipment resulting from the use of such equipment shall be borne by the customer insofar as the hotel is not responsible for such disruptions or damage. The hotel may record and charge the electricity costs arising from the use of such equipment on a flat-rate basis.

3. The customer is entitled, with the hotel's consent, to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.

4. If suitable facilities of the hotel remain unused due to the connection of the customer's own facilities, an outage fee may be charged.

5. Faults in technical or other facilities provided by the hotel shall be remedied immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for such disruptions.

XI. LOSS OR DAMAGE OF ITEMS BROUGHT TO THE EVENT

1. exhibition or other items, including personal items, brought along are located in the event rooms or in the hotel at the customer's risk. The hotel assumes no liability for loss, destruction or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damages resulting from injury to life, body or health. In addition, all cases in which, due to the circumstances of the individual case, safekeeping constitutes a duty typical for the contract, are excluded from this exemption from liability.

2. decoration material brought along has to comply with the fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel is entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be coordinated with the hotel in advance. 3.

Exhibits or other objects brought into the hotel must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer's expense. If the items remain in the event room, the hotel may charge an appropriate compensation for use for the duration of their stay. The customer is free to prove that the above claim has not arisen or has not arisen in the amount claimed.

XII. LIABILITY OF THE CUSTOMER FOR DAMAGES

1. If the customer is an entrepreneur, he shall be liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his area of business or himself.

2. The hotel may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).

XIII. FINAL PROVISIONS

1. Amendments and additions to the contract, the acceptance of the application or these general terms and conditions shall be made in text form. Unilateral amendments or supplements by the customer shall be invalid.

2. Place of performance and payment is Göbel's Schlosshotel "Prinz von Hessen", Schlossplatz 1, 36289 Friedewald.

3. The exclusive place of jurisdiction - also for disputes regarding cheques and bills of exchange - in commercial transactions shall be the Bad Hersfeld Local Court. The registered office of Göbel's Hotel GmbH is 36289 Friedewald, Schlossplatz 1. If a contractual partner fulfils the prerequisite 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 the registered office of the hotel under company law.

4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws shall be excluded.

5. Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Status: May 2022