Terms and Conditions

General Terms and Conditions (as of 01.01.2014)

1. These terms and conditions apply to contracts for the rental of hotel rooms or holiday apartments for accommodation, as well as all other services and deliveries provided by the hotel to the customer.
2. Subletting or further renting of the rooms provided as well as their use for other accommodation purposes require the prior written consent of the hotel.
3. The customer's terms and conditions only apply if this has been agreed in advance.

General Note

The All Inclusive Family Hotel Simmerl is a hotel complex with family apartments. Animals, a playground, and meadows also belong to the hotel grounds.
Conclusion of contract, contracting parties, liability; limitation period
1. The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in writing.
2. The contracting parties are the hotel and the customer. If a third party has booked for the customer, they are jointly and severally liable with the customer to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
3. The hotel is liable for its obligations under the contract. In non-performance-typical areas, liability is limited to intent and gross negligence of the hotel.
4. The limitation period for all claims of the customer is 6 months.
5. This limitation of liability and short limitation period also apply in favor of the hotel in case of breach of obligations during contract initiation and positive breach of contract.

Vouchers and Mailings

Vouchers and mailings sent by the hotel are to be settled at the hotel as described on the vouchers. Vouchers cannot be combined. Exception: this is noted on the vouchers. Generally, vouchers cannot be paid out in cash.

Service, Prices, Payment, Set-off

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 prices applicable or agreed upon for the room rental and the additional services used by him from the hotel. This also applies to services and expenses of the hotel to third parties initiated by the customer.
3. The agreed prices include the respective statutory value-added tax. If the period between conclusion of the contract and performance exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 10%.
4. Prices may also be changed by the hotel if the customer subsequently wishes to change the number of booked rooms, the hotel's service, or the guests' length of stay and the hotel agrees.
5. Invoices from the hotel without a due date are payable upon departure, but no later than 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 case of default in payment, the hotel is entitled to charge interest at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. The customer is free to prove a lower damage, the hotel a higher damage.
6. The hotel is entitled to demand a reasonable advance payment or security deposit at the 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.
7. The customer may only set off or reduce with an undisputed or legally binding claim against a claim of the hotel.

Customer Withdrawal (Cancellation, Revocation)

1. A withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not occur, the agreed price from the contract must still be paid even if the customer does not use contractual services. This does not apply in cases of default of performance by the hotel or impossibility of performance for which the hotel is responsible. Your booking is legally valid upon receipt of confirmation (even a telephone booking confirmation is a legally valid commitment!)
2. The customer can withdraw from the contract up to 3 months before the start of the trip without triggering payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed deadline, unless there is a case of default of performance by the hotel or impossibility of performance for which the hotel is responsible.
3. For a cancellation from 3 months to 1 month before the start of the holiday, the hotel can charge 50% of the package price. For a cancellation up to 30 days before arrival or later, the hotel can charge 80% of the package price, as well as for late arrival or early departure.
4. The hotel is free to lump sum the damage incurred and to be compensated by the customer. The customer is then obliged to pay 80% for all-inclusive packages. The customer is free to prove that no damage has occurred or that the damage incurred by the hotel is lower than the demanded lump sum.
5. The hotel recommends taking out travel cancellation insurance including protection in case of early departure (can be taken out at any travel agency or bank or by using the form sent with the booking).

Hotel Cancellation

1. If a customer's right of cancellation within a certain period has been agreed upon in writing, the hotel is entitled to withdraw from the contract within this period if inquiries from other customers exist for the contractually booked rooms and the customer does not waive their right of cancellation upon the hotel's inquiry.
2. If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the hotel with a threat of refusal, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw extraordinarily from the contract for a justified reason, for example if - force majeure or other circumstances not attributable to the hotel make the fulfillment of the contract impossible: rooms are booked under misleading or false information of essential facts, e.g. regarding the person of the customer or the purpose; the hotel has justified reason to assume that the use of the hotel service may endanger the smooth business operation, safety, or reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization.

If a violation of the scope paragraph 2 occurs.
4. The hotel must inform the customer immediately about the exercise of the right of cancellation.
5. In the case of justified cancellation by the hotel, the customer has no claim for damages.

Room Provision, Handover and Return

1. The customer does not acquire a claim to the provision of specific rooms.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier provision. On the day of arrival, your booking begins with coffee and cake. Services used before 3:00 p.m. will be charged separately by the hotel.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 10:00 a.m. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for additional use of the room until 5:00 p.m., and 100% from 6:00 p.m., in addition to any damage caused. The customer is free to prove to the hotel that no or significantly less damage has occurred. Of course, you are welcome to stay with us in the hotel after vacating the room; lunch on the day of departure is still included in the booking.

Hotel Liability

1. The hotel is liable with the care of a prudent businessman. This liability is limited in the non-performance-typical area to defects in performance, damages, consequential damages, or disturbances that are due to intent or gross negligence of the hotel. Should disturbances or defects in the hotel's services occur, the hotel will endeavor to provide remedy upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disturbance and minimize possible damage.
2. For items brought in, the hotel is liable to the customer according to legal provisions, up to one hundred times the room price, maximum €3,000.00, and for money and valuables up to €750.00. Money and valuables can be stored in the room safe. The hotel recommends making use of this option. Liability claims expire if the customer does not immediately notify the hotel upon becoming aware of loss, destruction, or damage (§ 703 BGB). Liability claims also expire if the customer does not keep the room or balcony door locked and valuables can be easily stolen for this reason.
3. For unlimited liability of the hotel, the legal provisions apply.
4. If a parking space is provided to the customer on the hotel parking lot, this does not constitute a custody contract. The hotel is not liable for loss or damage to vehicles parked or maneuvered on the hotel premises and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.
5. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except in cases of gross negligence or intent, are excluded.
6. Messages, mail, and goods shipments for guests are handled with care. The hotel assumes delivery, storage, and - upon request - forwarding for a fee. Claims for damages, except in cases of gross negligence or intent, are excluded.

Final Provisions

1. Changes or additions to the contract, acceptance of the application, or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are ineffective.
2. Place of performance and payment is the hotel's location.
3. Exclusive place of jurisdiction - also for check and bill of exchange disputes - in commercial transactions is the hotel's location. If a contracting party meets the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in the country, the place of jurisdiction is the hotel's location.
4. German law applies.
5. Should individual provisions of these general terms and conditions for hotel accommodation be invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.