Legal Disclaimer

Allgemeine Geschäftsbedingungen des Resorts

Version: April 2009

I. Scope of application
1) These terms and conditions apply to all contracts covering the allocation of hotel rooms for accommodation purposes and all related services.
2) These terms and conditions apply exclusively. Conflicting or diverging client terms and conditions are not accepted unless this is explicitly agreed in writing prior to concluding the contract.

II. Conclusion of a contract / Contracting parties
1) The contract only takes effect once the hotel accepts the client's offer to conclude the contract and provides the client with a written confirmation. If the provision of a written confirmation is not possible in individual cases, a confirmation by e-mail or fax is also deemed sufficient.
2) The contracting parties are the hotel on the one hand and the client using the services provided by the hotel on the other hand. If a third party carries out the booking on behalf of a client, said third party and the client are joint and several debtors liable towards # the hotel for all commitments arising from the hotel admission contract.

III. Services / Rates / Payment
1) The hotel is obliged to reserve the room(s) booked by the client and to deliver the agreed services. Unless otherwise agreed, a client is not entitled to the allocation of a specific room.
2) The client is obliged to pay the rates applicable to the allocation of a room and any further services used by the client or alternatively to pay the rates agreed with the hotel. This also applies to third-party services initiated by the client and expenses paid by the hotel to third parties on behalf of the client.
3) The agreed rates include the applicable legal VAT. If legal VAT increases after the conclusion of the contract, the VAT rate valid at the time of the actual use of the room applies.
4) If the period between conclusion and fulfilment of the contract exceeds the period of four months and if the generally allocated price for such services changes between the conclusion of the contract and the actual delivery of the service, the hotel is entitled to increase the contractually agreed rate in an appropriate manner. In that case, the client is entitled to withdraw from the contract.
5) The hotel is entitled to charge an advance payment for the binding reservation of a room. Even after the conclusion of the contract, the hotel can charge an appropriate advance payment.
6) The invoice amount becomes due and has to be paid by the client on the day of the guest's departure at the latest. Advance payments requested by the hotel have to be paid observing the date provided by the hotel.
7) The hotel is entitled at any time - even after the handover of the room to the guest - to request advance payments on the full rate or a deposit if the hotel is in doubt about the client's ability to pay. If the client stays longer than a week or more than EUR 500.00 are due for services already rendered, the hotel is entitled to issue interim invoices immediately due for payment.
8) In case of a delay of the client's payment even for one invoice issued by the hotel, the hotel is entitled to discontinue all further and future provision of services to the client if the hotel has issued a reminder to the client setting a deadline and announcing the discontinuation of future services if the payment is delayed any further.
9) The hotel reserves the right to accept and select credit cards on an individual case basis on presentation of the credit card, even if the general acceptance of credit cards is advertised on displays in the hotel. Moreover, cheques, credit cards and other means of payment are only accepted on account of performance.

IV. Right of setoff and retention
1) The client only has a right of setoff against claims of the hotel if any counterclaims made by a client have been established as final and absolute, are undisputed or have been acknowledged by the hotel.
2) A right of retention only exists insofar as the claim of the hotel and the client's counterclaim are based on the same contractual relationship.

V. Withdrawal of the hotel
1) If a client's right to withdraw from the contract free of charge within a specified period is agreed in writing in individual cases, the hotel is equally entitled to withdraw from the contract within this period if enquiries from other clients for the contractually booked rooms are existent and if after further enquiry by the hotel, the client does not waive the right to withdraw.
2) If neither an advance payment (cf. III No.5) nor a deposit (cf. III No.7) is made even after an appropriate grace period granted by the hotel, the hotel is equally entitled to withdraw from the contract.
3) In addition, the hotel is entitled to withdraw from the contract for factually justifiable reasons, for example if:
- Force majeure or other circumstances beyond the hotel's responsibility render the fulfilment of the contract impossible.
- Rooms are booked providing deceptive or wrong substantial information, e.g. about the client's personal details or the purpose for booking the room.
- The hotel has justified reasons to assume that the use of the hotel services can harm the seamless running of the operation, the security or the public reputation of the hotel without being able to allocate this to the hotel's power of control and organisation.
- The client grants the use of the booked hotel room to a third party without prior consent of the hotel.
4) In the case of the hotel's justified withdrawal from the contract, the client does not incur a claim for damages.

VI. Withdrawal of the client
1) A client only has the right to withdraw from the contract in line with legal provisions or based on contractual agreements. If a date for the withdrawal from the contract free of charge is individually agreed between a client and the hotel on conclusion of the contract, the client can only withdraw from the contract until the agreed date without incurring payment claims or claims for damages from the hotel.
2) Otherwise, the client has to pay the agreed amount even if the client does not use the services of the hotel. However, the hotel is obliged to offset revenue from letting the room to other guests and expenditure savings against this agreed amount.
3) The hotel has the right to set a flat rate for the deduction of expenditure savings. In that case, the client is obliged to pay 80% of the agreed room rate including or excluding breakfast, 70% of the agreed room rate including half board and 60% of the agreed room rate including full board. The client is at liberty to prove that the actual expenditure savings are higher.

VII. Room handover / Returning a room / Allocation to third parties
1) The booked rooms are available to the client from 3 p.m. of the agreed day of arrival. Without a separate agreement, the client is not entitled to an earlier availability of the room.
2) If a later time of arrival has not been agreed in advance or the room has already been fully paid in advance or the client has provided the hotel with a credit card number enabling the hotel to debit the client with the amount due for the booked room in default of the client's appearance, the hotel is entitled to pass the room on to other guests after 6 p.m. In that case, the client has no claims towards the hotel.
3) On the agreed day of departure, the rooms have to be vacated and made available to the hotel until 11 a.m. at the latest. After 11 a.m., the hotel can charge the client €70.00 for exceeding the contractually agreed use of the room due to the belated vacation of the room (until 6 p.m. of the same day). If the room is vacated after 6 p.m., the hotel can invoice the client 100% of the full rate of accommodation (in line with the hotel's list prices). This does not entitle the client to any contractual claims. The client is at liberty to prove that the hotel has not sustained any damage or that the damage is significantly less than claimed by the hotel. Further potential claims of the hotel remain unaffected.
4) Subletting or letting the booked room(s) to third parties and the use of the room(s) for other purposes than accommodation require the previous written consent by the hotel. In case the hotel does not agree to such a subletting or letting to third parties, this does not constitute the client's claim to withdraw from the contract.

VIII. Right of refusal / Right of referral
The hotel is entitled to refuse access to the hotel and to accommodation to a client if there is justified cause for concern that the client is under the influence of alcohol or drugs or behaves in an aggressive manner towards hotel staff or other clients on the arrival of the client. The hotel is entitled to banish a client from the hotel, thus terminating the existing contract without notice if the client repetitively disturbs the peace at the hotel, harasses or insults other clients or hotel staff.

IX. Liability of the hotel
1) Strict liability of the hotel regardless of culpability as per §536 a BGB (German Civil Code) is excluded.
2) If the client is provided with a parking space on the hotel parking site - including a parking space paid for by the client - the hotel does not assume any duty of care for the parked car and any goods stored in the car; hence a contract of safe custody is not concluded. Correspondingly, the hotel is not liable for the loss or damage of vehicles and their contents parked or manoeuvred on the hotel premises unless the damage is caused deliberately or due to gross negligence by the hotel.
3) For damages on other property introduced to the hotel premises by a client, the hotel is liable towards the client in accordance with the legal provisions of §§701 et seq. BGB (German Civil Code). Money, securities/valuable documents and valuables can be stored in the hotel safe. The hotel recommends using this facility.
4) The hotel is only liable for financial losses of the client caused through the hotel's wilful intent or gross negligence. In the case of a culpable breach of a major contractual obligation, the hotel is also liable for financial losses caused by ordinary negligence. In that case, the liability to compensate for damages is limited to the foreseeable, typically occurring damage.
5) The limitations of liability stated above apply to all claims for damages, independent of their legal basis.
6) As a matter of principle, all claims towards the hotel become statute-barred after one year from the beginning of the regular statutory period of limitation - subject to cognizance - according to §199 para. 1 BGB (German Civil Code) . Independent of cognizance of the circumstances constituting the claim and of the party liable, claims for damages become statute-barred after five years. A shortening of the statutory period of limitation does not apply to claims based on a wilful or grossly negligent breach of duty by the hotel or culpably inflicted injuries to a client's life, body or health.

X. Final clauses
1) Changes or amendments to the contract and these terms and conditions must be in written form.
2) Place of fulfilment and payment are the registered premises of the hotel.
3) Exclusive place of jurisdiction - also for disputes over cheques and bills of exchange - for all business transactions are the registered premises of the hotel.
This also applies if the client has no general place of jurisdiction in Germany.
4) Exclusively German law applies. The application United Nations Convention on Contracts for the International Sale of Goods and international private law are excluded.
5) In case individual provisions of these terms and conditions are or become legally ineffective or impracticable, the validity of the remaining provisions remains unaffected. The ineffective or impracticable provision is to be replaced by an effective and practicable provision whose effects are closest to the business goal originally pursued by the contractual parties with the ineffective or impracticable provision(s). The aforementioned provisions apply accordingly if the contract proves to be incomplete. Furthermore, statutory provisions apply.