Hotel • Restaurant • Conference room Ampfing - Mühldorf - Waldkraiburg

Phone: +49 8636 9850 • info@hotel-fohlenhof.de • ImprintPrivacy PolicyTerms of Service

YOUR DATA IS SECURE

Terms of Service

1. Scope of application:
a) These terms and conditions apply to contracts for the rental of ho-tel rooms for lodging purposes as well as all other services and de-liveries provided by the hotel for the customer (hotel accommoda-tion contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
b) The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form.
c) The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form in advance.
d) Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs in the sense of §§ 13, 14 BGB.
e) The contractual language is German.

2. Conclusion of Contract, Partner, Limitation:
a) The contract is concluded by the hotel’s acceptance of the cus-tomer’s application. The hotel is free to confirm the room reserva-tion in text form.
b) The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration by the third party. § Section 540 (1) sentence 2 of the German Civil Code (BGB) shall not apply if the customer is not a consumer.
c) Claims with the exception of claims for damages against the hotel are subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 BGB. Claims for damages against the hotel shall become statute-barred after five years, irrespective of knowledge. The above reductions in the statute of limitations shall not apply to claims based on inten-tional or negligent injury to life, body, health, or freedom or to other claims based on intentional or grossly negligent breach of duty by the Hotel or on intentional or grossly negligent breach of duty by its legal representatives or vicarious agents.
d) This limitation of liability and short period of limitation shall also ap-ply in favor of the hotel in the event of breach of obligations in the course of contract initiation and positive breach of contract.

3. Services, prices, payment, set-off
a) The hotel is obligated to hold the rooms booked by the customer ready and to provide the agreed services.
b) The customer is obligated to pay the hotel’s applicable or agreed prices for the provision of the rooms and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
c) The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes, which are owed according to the respective local law of the guest itself, such as visitor’s tax. If the period between the conclu-sion and fulfillment of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reason-able amount, but by no more than 10%.
d) Prices may also be changed by the hotel if the customer subse-quently requests changes in the number of rooms booked, the ho-tel’s services or the length of the guests’ stay, and the hotel agrees.
e) The hotel is entitled to demand an appropriate advance payment or security deposit, e.g., in the form of a credit card guarantee, upon conclusion of the contract or thereafter, taking into account the le-gal provisions for package tours. The amount of the advance pay-ment or security deposit and the payment dates shall be agreed in text form in the contract.
f) Invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. 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 shall be entitled to charge the applicable statutory interest on arrears in the amount of 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The customer re-serves the right to prove a lower damage, the hotel a higher dam-age.
g) The customer may only offset or reduce a claim of the hotel with an undisputed or legally valid claim.
h) The customer agrees that the invoice can be sent to him electroni-cally.
i) Invoicing shall be made in the EURO currency. In case of payment with foreign means of payment, the exchange rate differences, and bank charges shall be borne by the party obliged to pay.
j) In the case of online bookings (also via third-party portals), the contractual conditions of the hotel shall also apply. An accommo-dation contract is concluded directly upon booking online (also via third-party portals). Payment and cancellation conditions for book-ings via third-party portals and tour operators may differ.
k) For online bookings (including third-party portals), special rates, deals, packages and other discounts and rebates (online rates) apply only to individual reservations up to a maximum of 5 rooms. The online rates cannot be combined and booked in sequence and are not available for groups.

4. Withdrawal of the customer (cancellation and no-show)
a) The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists, or if the hotel ex-pressly consents to the cancellation of the contract. The agree-ment of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.

Cancellation conditions:
– up to THREE rooms can be cancelled FREE of charge at the latest 2 days before the planned arrival
– FOUR to TEN rooms can be cancelled FREE of charge up to 7 days before the planned arrival
– more than TEN rooms can be canceled FREE of charge up to 4 weeks before

b) If a date for withdrawal from the contract has been agreed in writ-ing between the hotel and the customer, the customer may with-draw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer’s right to withdraw from the contract shall expire if he does not exercise his right to withdraw from the contract in writing to the hotel by the agreed date unless there is a case of default in performance on the part of the hotel or an impossibility of performance for which the hotel is responsible. Any right of withdrawal will be communicated in your booking.
c) In the case of rooms not used by the customer, the hotel must credit the income from renting the rooms to other parties as well as the saved expenses. The hotel is at liberty to make a lump sum payment for the damages incurred and to be compensated by the customer due to cancellations at a late date (see cancellation con-ditions) or non-arrival (no-show). The customer is then obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast. The customer is free to prove that no damage was incurred or that the damage incurred by the hotel is lower than the demanded flat rate.

5. Cancellation by the Hotel
a) If the customer’s right to withdraw from the contract within a cer-tain period has been contractually agreed, the hotel is entitled for its part to withdraw from the contract during this period if inquiries from other customers regarding the contractually booked rooms exist and the customer does not waive his right to withdraw upon inquiry by the hotel.
b) If an agreed security deposit is not made even after expiration of a reasonable grace period set by the hotel with a warning of refusal, the hotel is also entitled to withdraw from the contract.
c) Furthermore, the hotel is entitled to withdraw from the contract ex-traordinarily for factually justified reasons, for example if:
– force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
– rooms are booked under misleading or false statements of ma-terial facts, e.g., in the person of the customer or the purpose;
– the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the busi-ness, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organiza-tion;
– there is a violation of the above-mentioned scope of application paragraph b;
– the purpose or the reason for the stay is unlawful;
– An advance payment or security deposit agreed upon or re-quired pursuant to clause 3. f) above has not been made even after expiration of a grace period set by the hotel;
d) The hotel must inform the customer immediately of the exercise of the right of withdrawal.
e) In the event of a justified withdrawal by the hotel, the customer shall have no claim for damages.

6. Room provision, handover and return
a) The customer does not acquire a claim to the provision of specific rooms unless this has been expressly agreed in text form.
b) Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to an earlier provi-sion.
c) On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (price according to the price list) for late vacating of the room for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not in-curred any or a significantly lower claim to a usage fee.

7. Liability of the hotel
a) The hotel is liable for damages resulting from injury to life, body, or health for which it is responsible. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of du-ties typical for the contract by the hotel. A breach of duty by the ho-tel is equivalent to a breach of duty by a legal representative or vi-carious agent. Further claims for damages are excluded, unless otherwise provided for in this clause 7. In the event of disruptions or deficiencies in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate com-plaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do to remedy the disrup-tion and keep any possible damage to a minimum.
b) The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. The liability is limited to one hun-dred times the room rate, but not more than € 3,500, – and differ-ently for money, securities, and valuables not more than € 800. Money, securities, and valuables can be stored in the hotel safe up to a maximum value of € 3.500, – and this on the basis of a sepa-rate storage agreement with the hotel.
c) Wake-up calls will be carried out by the hotel with the utmost care. Messages, mail, and merchandise shipments for the guests will be handled with care. The hotel will take care of delivery, safekeep-ing and – upon request – forwarding of the same for a fee. The hotel does not assume any liability for these free services.
d) Insofar as a parking space is made available to the customer in the garage or in a hotel parking lot, also for a fee, this does not constitute a safekeeping contract. In the event of loss of or dam-age to motor vehicles, trailers, motorcycles, or trailers parked or maneuvered on the hotel property and their contents, the hotel shall not be liable, except in cases of intent or gross negligence. In the event of liability on the part of the hotel, only the provisions of item b) above shall apply.

8. Other additional agreements
a) The Hotel Fohlenhof is a non-smoking hotel. It is therefore prohib-ited to smoke in the public areas as well as in the guest rooms. In the event of a violation, the hotel has the right to demand an amount of € 250,- from the guest as compensation for the sepa-rate cleaning costs to be incurred, including any loss of revenue due to the room not being able to be rented out as a result. This amount of damages is to be set higher or lower if the hotel proves a higher damage or the guest proves a lower damage. Further-more, all costs arising from a fire alarm and fire department inter-vention will be charged on.
b) Bringing a pet requires notification at the time of booking the hotel room. The customer is obliged to announce the wish to bring a pet in advance. If the hotel does not object to the bringing of the pet, this is done under the condition that the pet is under the constant supervision of the guest and is free of diseases and otherwise does not represent a danger for the hotel guests and the hotel staff. A fee of € 10,- per room and day of stay will be charged for the pet. Exceptions to this rule are guide dogs, deaf dogs, and oth-er similar service dogs. These may be brought along free of charge and at any time.
c) In case of willful soiling of the provided hotel room or other invento-ry of the hotel, the additional costs incurred for cleaning will be charged in the amount of € 50,- per hour. This amount of damages shall be set higher or lower if the hotel proves a higher damage or the guest proves a lower damage.
d) During his stay, the guest must adhere to the generally accepted rules of conduct and customs; noise is to be avoided.
e) The guest is obliged to return the received room key to the recep-tion upon his departure. In case of loss of the key the guest is lia-ble for an amount of 150,- €. Return of keys must be made imme-diately – at the latest on the next working day – at the guest’s own expense, otherwise the costs incurred due to non-letting/consequential damage will be charged.

9. Final provisions
a) Amendments and supplements to the contract or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
b) The place of performance and payment is the location of the hotel.
c) German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the similar is ex-cluded.
d) Should individual provisions of these General Terms and Condi-tions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provi-sions shall apply.

General Terms and Conditions for Events

I. Scope of Application

  1. These terms and conditions apply to contracts for the rental of conference, banquet, and event rooms of the hotel for the holding of events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as to all other services and supplies provided by the hotel for the services and deliveries provided by the hotel in this context.
  2. The subletting and reletting of the rooms and spaces provided as well as the invitation to job interviews, sales or similar events require the prior consent of the hotel in text form, whereby §540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
  3. The customer’s general terms and conditions shall only apply if this has been previously expressly agreed in text form.

 

II: Conclusion of the contract, -partners, liability, statute of limitations

  1. The contract is concluded by the hotel’s acceptance of the customer’s request; these are the contractual partners. The hotel is free to confirm the booking of the event in text form.
  2. If the customer/purchaser is not the promoter himself or if a commercial intermediary or organizer is engaged by the promoter, the promoter shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the promoter.
  3. The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages from injury to life, body, or health, if the hotel is responsible for a breach of duty, as well as other damages that are based on an intentional or negligent breach of typical contractual obligations of 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 deficiencies 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 obligated to contribute what he can reasonably be expected to do to remedy the disruption and keep any possible damage to a minimum. In addition, the customer is obligated to notify the hotel in a timely manner of the possibility of an unusually high damage.
  4. All claims against the hotel are generally subject to a limitation period of one year from 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. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

 

III. Services, Prices, Payment, Offsetting

  1. The hotel is obligated to provide the services ordered by the customer and promised by the hotel.
  2. The customer is obligated to pay the agreed or applicable prices of the hotel for these, and other services used. This also applies to services and expenses of the hotel to third parties initiated by the customer, also to claims of copyright valuation companies. The agreed prices include the respective statutory value-added tax.
  3. Invoices of the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.
  4. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the event of default of payment by the customer, the statutory provisions shall apply.
  5. 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 provision of security within the meaning of Item 3.4 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
  6. The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.

 

IV. Withdrawal of the Customer (cancellation and no-show)

  1. The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.
  2. If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel by the agreed date.
  3. If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilization of the service. The hotel shall offset the income from renting the rooms to other parties as well as the saved expenses. The expenses saved in each case may be calculated as a lump sum in accordance with Sections 4.4, 4.5 and 4.6. The customer is free to prove that the claim did not arise or did not arise in the amount claimed. The hotel is free to prove that a higher claim has arisen.
  4. If the customer withdraws only between the 6th and the 4th week before the event date, the hotel is entitled to charge 35% of the lost food turnover in addition to the agreed rental price, and 70% of the food turnover for any later withdrawal.
  5. The calculation of the meal turnover is based on the formula: Agreed menu price x number of participants. If a price has not yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis.
  6. If a conference flat rate per participant has been agreed, the hotel is entitled to charge 60% of the conference flat rate x agreed number of participants in case of cancellation between the 6th and the 4th week before the event date, and 80% in case of a later cancellation.

 

V. Withdrawal of the hotel

  1. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other the contractually booked event rooms and the customer does not waive his right to withdraw from the contract upon inquiry by the hotel within a reasonable period of time.
  2. If an advance payment or security deposit agreed or requested pursuant to Section 3.5 and/or Section 3.6 is not made even after expiration 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 for an objectively justifiable reason extraordinary withdrawal from the contract, in particular in the event of
    • force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible;
    • events or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay;
    • the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
    • the purpose or occasion of the event is unlawful;
    • there is a violation of section 1.2.
  4. The justified withdrawal of the hotel does not justify any claim of the customer for damages.

 

VI. Change in the number of participants and the time of the event

  1. The hotel must be notified of an increase in the number of participants by more than 5% no later than five working days before the start of the event; this requires the hotel’s consent, which should be given in text form. The settlement shall be based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional expenses saved due to the lower number of participants, which must be proven by the customer.
  2. A reduction in the number of participants by more than 5% should be communicated to the hotel in good time, at the latest five working days before the start of the event. The settlement shall be based on the actual number of participants, but at least 95% of the agreed number of participants. Clause 6.1, sentence 3 shall apply accordingly.
  3. In the event of a reduction in the number of participants by more than 10%, the hotel shall be entitled to exchange the confirmed rooms, considering any deviating room rent, unless this is unreasonable for the customer.
  4. 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.

 

VII. Bringing Food and Beverages / Pets

  1. The customer may not bring food and beverages to events in principle. Exceptions require an agreement with the hotel. In these cases, a contribution to cover overhead costs will be charged.
  2. Pets are not permitted in the catering area.

 

VIII. Technical equipment and connections

  1. Insofar as the hotel procures technical and other equipment from third parties for the customer at the customer’s instigation, it acts in the name of, on the authority of and for the account of the customer. The customer is liable for the careful handling and proper return. He shall indemnify the hotel against all claims of third parties arising from the provision of these facilities.
  2. The use of the customer’s own electrical equipment using the hotel’s power supply system requires the customer’s consent. Any malfunctions or damage to the hotel’s technical equipment resulting from the use of such equipment shall be borne by the customer unless the hotel is responsible for such malfunctions or damage. The hotel may record and charge for the electricity costs arising from such use 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. d) If suitable hotel equipment remains unused due to the connection of the customer’s own equipment, an outage fee may be charged.
  4. Faults in technical or other facilities provided by the hotel will be remedied immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

 

IX. Loss of or damage to items brought along

  1. Exhibits or other items, including personal items, carried along are at the risk of the customer in the event rooms or in the hotel. The hotel assumes no liability for loss, destruction, or damage, also not for financial losses, except in the case 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. Decorative material brought along must 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 items brought in are to 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 the withholding of the room.

 

X. Liability of the customer for damages

  1. If the customer is an entrepreneur, he is liable for all damages to the building or inventory caused by event participants or visitors, employees, other third parties from his field or himself.
  2. The hotel may require the customer to provide adequate security, for example in the form of a credit card guarantee.

 

XI. Final Provisions

  1. Amendments and supplements 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 are invalid.
  2. Place of performance and payment as well as exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – is Ampfing in commercial transactions. If a contractual partner fulfills the prerequisite of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Ampfing.
  3. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
  4. Should individual provisions of these General Terms and Conditions for Events be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects the statutory provisions shall apply.