General Terms and Conditions

I. Scope of Application

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other related services and deliveries provided by the BEST WESTERN Hotel Hofgut Sternen (hereinafter referred to as the "Hotel").
2. Subletting or re-letting of the provided rooms, as well as their use for purposes other than accommodation, requires the prior written consent of the Hotel. Section 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived.
3. Terms and conditions of the customer shall only apply if explicitly agreed upon in writing in advance.
4. Customers within the meaning of these terms and conditions include both consumers and entrepreneurs as defined in §§ 13 and 14 BGB.

II. Conclusion of Contract, Contracting Parties, Limitation Period

1. The contract comes into effect upon acceptance of the customer's request by the Hotel. If the Hotel makes a binding offer to the customer, the contract is concluded when the customer accepts the Hotel's offer. In both cases, the Hotel may confirm the room reservation in writing at its discretion.
2. The contracting parties are the Hotel and the customer. If a third party makes the booking on behalf of the customer, the customer shall be liable to the Hotel together with the third party as joint and several debtors, provided the Hotel receives an appropriate declaration from the customer.
3. All claims of the customer or the third party against the Hotel expire within one year from the beginning of the knowledge-based regular limitation period pursuant to § 199 para. 1 BGB. Claims for damages against the Hotel expire, regardless of knowledge, after no more than five years. These limitations do not apply to claims resulting from intentional or grossly negligent breaches of duty by the Hotel, or in cases of bodily harm, injury to health, or death attributable to the Hotel.

III. Services, Prices, Payment, Offsetting

1. The Hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the agreed or applicable prices of the Hotel for room rental and any additional services used. This also applies to services and expenses incurred by the Hotel for third parties at the request of the customer.
3. The agreed prices include the applicable statutory VAT. If the period between contract conclusion and performance exceeds four months and the Hotel generally increases its prices for such services, the Hotel may reasonably increase the contractually agreed price, but by no more than 5%.
4. (Numbering skipped in original; continued at 5)
5. Prices may also be changed if the customer subsequently requests changes to the number of booked rooms, services provided by the Hotel, or the length of stay, and the Hotel agrees.
6. Invoices of the Hotel without a due date are payable within 10 calendar days from receipt without deduction. The Hotel is entitled to make accrued claims payable 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, currently 8 percentage points above the base rate, or 5 percentage points above the base rate in consumer transactions. In addition, the Hotel may charge a reminder fee of €5.00 per written reminder. The Hotel reserves the right to prove and claim higher damages.
7. The Hotel is entitled to request a reasonable advance payment or security deposit upon contract conclusion or thereafter, taking into account the legal provisions for package tours. The amount and payment deadlines can be agreed upon in writing.
8. The customer may only offset or reduce a claim of the Hotel with an undisputed or legally binding counterclaim

IV. Withdrawal by the Customer (Cancellation, No-Show)

1. The Hotel grants the customer the right to withdraw from the contract at any time under the following conditions:

a. The Hotel may choose to charge a flat-rate cancellation fee instead of calculating a specific compensation. The cancellation fee amounts to 90% of the agreed price for overnight stays with or without breakfast, 70% for stays with half board, and 60% for stays with full board arrangements. The customer is entitled to prove that the Hotel suffered no damage or significantly less damage than the requested fee.

b. If the Hotel calculates the compensation specifically, the amount may not exceed the agreed contractual price for the services minus the expenses saved by the Hotel and income from alternative use of the services.

1. The above provisions also apply if the customer fails to make use of the reserved room or services without notifying the Hotel in time ("no-show").
2. If the Hotel has granted the customer an option to withdraw from the contract without consequences within a certain period, the Hotel has no right to compensation. Timely receipt of the written withdrawal notice by the Hotel is decisive.

V. Withdrawal by the Hotel

1. If an advance payment or security deposit required under Section III, item 6 is not made even after a reasonable grace period set by the Hotel, the Hotel is entitled to withdraw from the contract.
2. Furthermore, the Hotel is entitled to withdraw from the contract for legitimate reasons, especially if:

a. Force majeure or other circumstances beyond the Hotel's control make it impossible to fulfill the contract;
b. Rooms are booked using misleading or false information regarding essential facts (e.g., identity or purpose);
c. The Hotel has reasonable grounds to believe that use of the Hotel’s services could endanger its smooth operations, safety, or public reputation, without being attributable to the Hotel’s management or organization;
d. There is a violation of Section I, item 2.

1. In the case of justified withdrawal by the Hotel, the customer has no right to claim compensation.

VI. Room Availability, Handover, and Return

1. The guest has no right to claim a specific room unless explicitly confirmed in writing by the Hotel.
2. Reserved rooms are available from 3:00 p.m. on the agreed arrival day. There is no entitlement to earlier access.
3. Rooms must be claimed by the guest no later than 6:00 p.m. on the agreed arrival date. Unless a later arrival has been agreed upon, the Hotel has the right to reallocate the rooms without the customer being entitled to compensation. In this case, the Hotel has a right of withdrawal.
4. On the agreed departure date, rooms must be vacated and made available to the Hotel by 11:00 a.m. at the latest. In case of delayed vacating, the Hotel may charge 50% of the current daily room rate until 6:00 p.m., and 100% thereafter. This does not establish contractual claims by the customer. The customer may prove that the Hotel incurred no or significantly less damage. The Hotel reserves the right to claim higher damages.

VII. Hotel Liability

1. In the event of disruptions or defects in the Hotel’s services, the Hotel will endeavor to remedy them upon the customer’s immediate complaint. The customer must contribute reasonably to resolving the issue and minimizing damage. If the customer fails to notify the Hotel of defects, they may forfeit the right to a price reduction. The customer is also obliged to inform the Hotel in advance if there is a risk of unusually high damage.
2. The Hotel is liable under statutory provisions for damages resulting from injury to life, body, or health.
3. The Hotel is otherwise liable only for intentional or grossly negligent breaches of duty. Liability for slight negligence is excluded. The same applies to legal representatives or vicarious agents of the Hotel.
4. For items brought into the Hotel, liability is limited to the statutory provisions (§§ 701, 702 BGB), up to a maximum of €3,500. For valuables (cash, jewelry, etc.), liability is limited to €800. Items stored in the Hotel safe are insured up to a value of €1,000. The Hotel strongly recommends making use of this option. Claims expire if the customer does not report loss, destruction, or damage immediately upon knowledge (§ 703 BGB).
5. If a parking space is provided, no custody agreement is concluded. The Hotel is not liable for loss or damage to vehicles or their contents, unless caused by willful intent or gross negligence. This also applies to vicarious agents. Section VII item 3 applies accordingly.
6. Wake-up calls are handled with care. Messages, mail, and packages are also handled with the utmost care. The Hotel undertakes delivery, storage (within the Hotel), and forwarding upon request and for a fee. Section VII item 3 applies accordingly.

VIII. Final Provisions

1. Amendments or additions to the contract, acceptance of offers, or these General Terms must be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of performance and payment is the Hotel’s registered office.
3. The exclusive place of jurisdiction in commercial transactions is the Hotel’s registered office, provided the customer qualifies under § 38 para. 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany.
4. Only German law applies.

If individual provisions of these Terms and Conditions are or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory regulations apply.