General Terms and Conditions for the Hotel Accommodation Contract

The following terms and conditions apply to all Schlehdorn family businesses and vacation apartments managed by Schlehdorn GmbH:

Hotel Schlehdorn, Am Sommerberg 1, 79868 Feldberg
Schwarzenbach – Apartments & Rooftop Pool, Edwin-Vogt-Weg 6, 79868 Feldberg
Köhlerei am See, Raitenbucherstraße 36, 79853 Lenzkirch
Vacation apartment Hubertushof, Höhenrundweg 10, 79868 Feldberg
Haus Ferientraum, Falkauerstraße 17, 79868 Feldberg
Vacation apartment Haus Schwörer, Waldstraße 2, 79868 Feldberg

I. Scope of application

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all services and deliveries provided by the hotel for the customer.
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, whereby § 540 para. 1 sentence 2 BGB is waived if the customer is not a consumer.
The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II Conclusion of contract, contract partner; limitation period

The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in writing.
The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
All claims against the hotel are generally subject to a limitation period of one year from the commencement of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages are subject to a limitation period of five years regardless of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
We recommend that you take out travel cancellation insurance.
We have a cooperation with an Israeli travel agency and reserve the right to forward inquiries to them.

III Services, prices, payment, offsetting

The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the hotel’s applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but by no more than 5%.
The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the length of the guests’ stay and the hotel agrees to this.
Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.
The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
The following costs will be charged for arrivals after the check-in time stated in the booking confirmation: 21:00h – 22:59h: 50€; from 23:00h: 100€. In any case, an arrival later than the official check-in time must be announced in writing.
The perpetrator will be charged € 200.00 for the unjustified triggering of a fire alarm.
We reserve the right to charge an additional cleaning fee of € 200.00 if the room/apartment is left in a soiled condition at check-out.
Prices for dishes in the restaurant can be adjusted at any time due to the volatile situation.

IV. Withdrawal by the customer (i.e. cancellation) / non-utilization of the hotel’s services

All resignations must be in writing.
Logis – individual guest (up to 4 rooms): Cancellation conditions are linked to the booked rate. The applicable cancellation conditions can be found in the booking confirmation. In the event of early departure (after occupation of the room), 80% of the total invoice amount will be charged. Over Christmas and New Year’s Eve there is a cancellation deadline of 21 days. Cancellations within the chargeable period will be charged at 80% of the total price.
Accommodation – groups (5 rooms or more): For reservations of more than 5 rooms (=group arrangement) the following cancellation/rebooking deadline applies: up to 21 days before arrival – after that 80% of the total price will be charged.

V. Cancellation by the hotel

If the customer’s right to withdraw free of charge within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel.
If an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
a) force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
b) rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
c) the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
d) there is a breach of clause I no. 2 above.
In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.

VI Payment – Advance payment

An advance payment of half the cost of 5 nights or 2 all-inclusive arrangements for 3 full days may be required for the reservation.
If advance payments requested by the hotel are not made on the date requested (unless the date is given at least 90 days before arrival), this shall immediately release the hotelier from the agreements made.

VII Room provision, handover and return

The customer does not acquire any entitlement to the provision of specific rooms.
Booked rooms are available to the customer from 4 p.m. on the agreed day of arrival. The customer is not entitled to earlier provision.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 6 p.m., and 100% from 6 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to compensation for use.

VIII. Liability of the hotel

The hotel shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting 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 typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any damage.
The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables up to a maximum value of €20,000 can be stored in the hotel safe or up to a maximum value of €2,000 in the room safe. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). The above number 1 sentences 2 to 4 shall apply accordingly to any further liability of the hotel.
If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. Number 1 sentences 2 to 4 above shall apply accordingly.
Wake-up calls are carried out by the hotel with the utmost care. Messages, post and consignments for guests are handled with care. The hotel will deliver, store and – on request – forward them for a fee. Number 1 sentences 2 to 4 above shall apply accordingly.

IX. Final provisions

Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
The place of performance and payment is the hotel’s registered office.
The exclusive place of jurisdiction – also for disputes relating to checks and bills of exchange – shall be the registered office of the hotel in commercial transactions. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.

Platform for online dispute resolution

Note on online dispute resolution pursuant to Art. 14 para. 1 ODR-VO:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/.