General terms and conditions

§ 1 Conclusion of the Accommodation Agreement

1. With the booking, which can be made verbally, in writing, by telephone, by fax, over the Internet or by e-mail, the guest offers the conclusion of a binding accommodation contract to the accommodation company.

2. The accommodation contract between the guest and the accommodation company is concluded with the booking confirmation. It does not require a specific form. Contractual partner for the accommodating establishment is the Gastro Urban GmbH.

3. The booking is made by the booking guest also for all persons listed in the booking, for whose contractual obligations the booking guest is responsible as for his own obligations, if he has assumed a corresponding separate obligation by express and separate declaration.

§ 2 Reservations

1. non-binding reservations, which entitle the guest to free cancellation, are only possible with the corresponding express agreement with the accommodation company.

2. If such an agreement has not been made, the booking shall in principle lead to a legally binding contract for the accommodation facility and the guest.

3. If a non-binding reservation has been agreed, the guest must notify the accommodation company by the agreed time if the reservation is to be treated as a binding booking. If this does not happen, the reservation is cancelled without further notification. If the notification of the booking is made, the booking is made.

§ 3 Prices / Services

1. With the accommodation company the guest agrees the accommodation prices, which should be final prices including all obligatory additional expenses, if nothing else is expressly indicated or agreed.

2. The prices should describe whether they apply per person per night.

3. The services owed by the tourist accommodation are derived from its range of services, including the associated notes and explanations.

§ 4 Payment

1. Unless expressly agreed otherwise, the accommodation establishment may demand a deposit of 12 % of the total price of the stay per person within 7 days of booking after confirmation of the booking (receipt of the confirmation of booking by the guest in oral, written or electronic form) for bookings made at least 14 days before the start of the stay.

2. If the accommodation facility is willing and able to provide services in accordance with the contract, the guest shall not be entitled to claim the contractually agreed services without complete payment of the down payment, which may have to be paid upon arrival.

3. The entire balance must be paid to the accommodation company at the latest on the day of departure.

4. For stays longer than 7 days, the accommodation company is entitled to charge interim invoices for additionally - especially on site - booked or used

to perform services or consumption-dependent costs in accordance with the contractual agreements, which are immediately due for payment.

to perform services or consumption-dependent costs in accordance with the contractual agreements, which are immediately due for payment.

§ 5 Withdrawal

1. The conclusion of the guest accommodation contract obliges both parties to fulfil the contract, regardless of the type of booking method and the duration of the stay. A general, free of charge legal right of termination or revocation of the guest concerning the concluded accommodation contract is basically excluded.

2. If the guest nevertheless withdraws from the contract, the accommodation company's claim to payment of the agreed or customary price of the stay including the catering portion shall remain in effect, irrespective of the time and reason for withdrawal.

3. Cancellations and changes for single bookings from 1 to a maximum of 4 rooms up to 5 days (14 days during the Christmas market season) before the arrival date are free of charge. For cancellations and changes for 5 to 11 rooms, the free cancellation period of 14 days (in the Christmas market period 28 days) applies. If rooms are unexpectedly cancelled after these periods have expired, guests do not arrive or leave early, 80% cancellation costs will arise if the rooms can no longer be rented elsewhere.

Cancellations or changes to the Uphillfun arrangement can be cancelled free of charge up to 28 days prior to departure. Within the period of 28 days 20%, within a period of 7 days before the beginning of the arrangement 60% cancellation costs arise, if the Uphillfun arrangement cannot be sold otherwise.

In case of doubt, we recommend that you take out travel cancellation insurance.

Jurisdiction recognizes that the saved expenses can be set at a flat rate of 20% by the accommodation company for overnight stays with breakfast.

4. However, the owner of the accommodation has to make other use of the accommodation, which he has to endeavour to do in good faith, and to have saved expenses credited to the claim for performance.

5. The guest reserves the right to prove that the hotel has been spared higher expenses. In this case the guest is only obliged to pay the correspondingly lower amount.

6. The cancellation of the booking is to be addressed to the accommodation company and should be made in writing in the interest of the guest.

7. The conclusion of a travel resignation costs and travel interruption insurance can be helpful to the guest in these cases.

§ 6 Obligations of the guest

1. The guest is obliged to immediately report any defects in the accommodation service or other contractual services to the accommodation company or to demand remedy.

2. The notice of defects shall be addressed exclusively to the accommodation company.

3. A resignation and/or a notice of the guest is permissible only with substantial lacks and justified only then, as far as the accommodating enterprise did not make a reasonable remedy within a reasonable period set to it by the guest.

4. Claims of the guest are only not void if the guest is responsible for the notification of defects without the fault of the guest omits or a remedy is impossible or is refused by the accommodation.

5. Accommodation may only be occupied by the number of persons agreed with the accommodation company. An over-occupancy can justify the right of the accommodation establishment to terminate the contract immediately and/or an appropriate additional payment.

6. The guest is obliged to do everything reasonably possible in the event of any defects or performance disturbances that may occur, in order to contribute to the rectification of the disturbance and to keep any damage as low as possible.

7. The taking along of domestic animals, no matter which kind is only permitted after express agreement with the accommodation enterprise and in the case of such an agreement, only in the context of the data made to kind and size of the animal. Both an existing liability insurance, as well as an absolute taboo of the hotel beds and sofa bed, are presupposed for the brought along animal.

§ 7 Liability of the accommodation

1. The contractual liability of the accommodation company for damages that are not bodily injuries (including damages due to violation before, during and after contractual obligations) is limited to three times the price of the stay, as far as a damage of the guest is caused by the accommodation company neither intentionally nor grossly negligent or, as far as the accommodation company is responsible for a damage arising to the guest solely due to the fault of a vicarious agent.

2. a possible innkeeper liability of the accommodating enterprise for brought in things in accordance with §§ 701 ff. BGB remains unaffected by this regulation.

3. The accommodation company shall not be liable for any disruption of services in connection with services which are merely brokered as external services (e.g. sports events, visits to the theatre, exhibitions, etc.) and which are expressly marked as external services.

§ 8 Arrival and departure times

1. Unless otherwise agreed, the booked accommodation is available from 15.00 on the day of arrival. If the guest arrives after this time, he/she is obliged to inform the accommodation company of this in good time. If this is not done, the accommodation company is entitled to occupy the accommodation for one overnight stay two hours later, for several overnight stays on the following day after 12.00 o'clock otherwise.

2. Unless otherwise agreed, the accommodation must be vacated by 12.00 a.m. on the day of departure.

§ 9 Choice of law and place of jurisdiction

1. jurisdiction for complaints of the guest against the accommodating establishment is exclusively the domicile of the accommodating establishment.

2. German law shall apply exclusively to the entire legal and contractual relationship between the hotel and guests who do not have a general place of residence or business in Germany.

3. If it has been agreed that the guest has to pay the total price to the place of accommodation after the end of the stay, the place of jurisdiction for legal actions of the accommodation for payment of the accommodation price and the additional costs shall be the place of business of the accommodation.

4. For complaints of the accommodation company against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their residence or habitual abode abroad after conclusion of the contract or whose residence or habitual abode is not known at the time the complaint is filed, the registered office of the accommodation company shall be agreed as the exclusive place of jurisdiction.

Stand: April 2018 / Gastro Urban GmbH