GASTHOF MAYD – SH GASTROSERVICE
BRÜHL 25, D-91056 ERLANGEN – DECHSENDORF
TEL: +49/ 9135 / 2766
EMAIL: INFO@MAYD.DE
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to contracts concerning the rental provision of hotel rooms for accommodation purposes and all additional services and deliveries provided to the customer in this context by the inn (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest reception, hotel, hotel room contract.
1.2 The subletting or further leasing of the provided rooms as well as their use for purposes other than accommodation require the prior written consent of the inn, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer.
1.3 The customer’s general terms and conditions shall only apply if expressly agreed upon in writing beforehand.
2. Conclusion of Contract, Parties; Limitation
2.1 The inn and the customer are the contracting parties. The contract is concluded by the inn’s acceptance of the customer’s offer. The inn is free to confirm the room reservation in writing.
2.2 All claims against the inn generally expire within one year from the start of the statutory limitation period. Claims for damages expire within five years from the date the customer becomes aware of them, unless they are based on an infringement of life, body, health, or freedom. These claims for damages expire within ten years regardless of knowledge. The shortened limitation periods do not apply to claims based on intentional or grossly negligent breaches of duty by the inn.
3. Services, Prices, Payment, Set-Off
3.1 The inn is obligated to keep the rooms booked by the customer available and provide the agreed services.
3.2 The customer is obligated to pay the prices for room provision and the additional services used, as applicable or agreed upon with the inn. This also applies to services ordered directly by the customer or through the inn, which are provided by third parties and advanced by the inn.
3.3 The agreed prices include the respective statutory value-added tax. If the period between contract conclusion and contract fulfillment exceeds four months and the inn’s generally calculated price for such services increases, the inn may reasonably increase the contractually agreed price, but by a maximum of 10%.
3.4 The prices may also be changed by the inn if the customer subsequently requests changes to the number of booked rooms, the inn’s services, or the length of stay for guests, and the inn agrees to these changes.
3.5 Invoices from the inn are payable immediately upon receipt without deduction. In case of default in payment, the inn is entitled to demand the currently applicable statutory default interest at a rate of 8%, or 5% above the base rate in the case of transactions involving a consumer. The inn reserves the right to prove higher damages.
3.6 The inn is entitled to request an appropriate advance payment or security deposit from the customer when the contract is concluded, in the form of a credit card guarantee, a deposit, or similar. The amount of the advance payment and the payment dates can be agreed upon in written form in the contract.
3.7 In justified cases, e.g. in case of payment arrears by the customer, the inn is entitled to demand an advance payment or security deposit in accordance with the above clause 3.6 or an increase in the agreed advance payment or security deposit up to the full agreed remuneration, even after the contract has been concluded but before the start of the stay.
3.8 Furthermore, at the beginning and during the stay, the inn is entitled to demand an appropriate advance payment or security deposit in accordance with the above clause 3.6 for existing and future claims arising from the contract, unless such a payment has already been made pursuant to the above clause 3.6 and/or clause 3.7.
3.9 The customer can only offset or set off against an undisputed or legally established claim against a claim of the inn.
3.10 No-Smoking Policy Smoking within the rooms and all other indoor areas of Gasthof Mayd is prohibited. There is a designated smoking area available for guests outside the entrance door. Guests are requested to use only this area for smoking and to ensure that doors to the interior are kept closed while smoking.
3.11 Special Cleaning Fee and Fire Alarm Charges Non-compliance with the no-smoking policy will result in a special cleaning fee of up to 200€. If smoking within the inn triggers a fire alarm, the responsible guest will be obliged to immediately pay the costs of the fire department’s response, amounting to approximately 1200€.
4. Customer’s Cancellation (Cancellation, Termination) / Non-Utilization of Inn’s Services (No Show)
4.1 A cancellation by the customer of the contract concluded with the inn requires the inn’s approval in written form. If this is not done, the agreed price under the contract is to be paid even if the customer does not make use of the contractual services. This does not apply in cases of the inn’s default in performance or if the inn is responsible for making the performance impossible.
4.2 If a deadline for free cancellation of the contract in written form has been agreed upon between the inn and the customer, the customer can cancel the contract until that date without triggering any payment or compensation claims by the inn. The customer’s right to cancel expires if the customer does not exercise their right to cancel the contract towards the inn in written form by the agreed date.
4.3 In the case of rooms not used by the customer, the inn must credit the income from alternative rental of these rooms and the saved expenses.
4.4 The inn is obliged to attempt to rent unused rooms to other parties, in order to prevent losses, in accordance with good faith.
4.5 Until the room is re-rented, the customer is required to pay for the duration of the contract according to the aforementioned clauses 4.3 and 4.4.
5. Inn’s Cancellation
5.1 If a right to free cancellation within a certain period has been agreed upon in writing between the inn and the customer, the inn is entitled to cancel the contract within this period if there are requests from other customers for the rooms booked under the contract, and the customer does not waive their right to cancel when queried by the inn.
5.2 If a prepayment or security deposit as required under clause 3.6 and/or clause 3.7 above has not been made, even after a reasonable grace period set by the inn has passed, the inn is also entitled to cancel the contract.
5.3 Furthermore, the inn is entitled to cancel the contract for good reason, especially if:
force majeure or other circumstances beyond the inn’s control make it impossible to fulfill the contract;
rooms are booked under misleading or false information about essential facts, e.g., the customer’s identity or purpose;
the inn has justifiable reason to believe that the use of hotel services may endanger the smooth business operations, safety, or reputation of the inn in public, without this being attributable to the inn’s sphere of control or organization;
the purpose or reason for the stay is illegal;
a breach of clause 1.2 above is present.
5.4 In the case of a justified cancellation by the inn, the customer has no claim to compensation.
6. Room Provision, Handover, and Return
6.1 The customer does not acquire the right to specific room provision unless this has been expressly agreed upon in written form.
6.2 Reserved rooms are available to the customer from 3:00 PM on the agreed arrival date. The customer has no right to earlier availability.
6.3 On the agreed departure day, the rooms must be vacated and made available to the inn no later
than 11:00 AM. After that, due to late vacation of the room, the inn can charge 50% of the full accommodation price (list price) until 6:00 PM and 100% after 6:00 PM. This does not establish any contractual claims for the customer. The customer is free to provide evidence that the inn incurred no or substantially lower usage fees.
7. Inn’s Liability
7.1 The inn is liable for damages caused by it in the event of an infringement of life, body, or health. Furthermore, it is liable for other damages resulting from intentional or grossly negligent breaches of duty by the inn, or from intentional or negligent breaches of material contractual obligations by the inn. A breach of duty by the inn’s legal representatives or vicarious agents is equivalent to a breach of duty by the inn itself. Further claims for damages are excluded, except as otherwise regulated in this section 7. In the event of disruptions or defects in the inn’s services, the inn will strive to provide remedies upon knowledge or immediate complaint by the customer. The customer is obligated to contribute reasonably to rectify the disruption and to minimize possible damage.
7.2 The inn’s liability for items brought in by the customer follows the statutory provisions, which means up to one hundred times the room price, but no more than €3,500, and differing for money, securities, and valuables, up to €800. Money, securities, and valuables can be stored in the hotel or room safe up to a maximum value of € (enter the inn’s insurance amount). The inn recommends making use of this possibility.
7.3 Providing a parking space in the hotel garage or on the hotel parking lot, even for a fee, does not create a contract of safekeeping. In case of loss or damage to motor vehicles parked or maneuvered on the hotel premises, as well as their contents, the inn is only liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4 The inn carries out wake-up calls with the utmost care. Claims for damages, except in cases of gross negligence or intent, are excluded.
7.5 Messages, mail, and merchandise for guests are handled with care. The inn undertakes delivery, storage, and, upon request for a fee, forwarding of the same. Claims for damages, except in cases of gross negligence or intent, are excluded.
8. Final Provisions
8.1 Changes or additions to the contract, acceptance of the offer, or these General Terms and Conditions for hotel accommodation shall be made in written form. Unilateral changes or additions by the customer are ineffective.
8.2 The place of performance and payment is the location of the inn.
8.3 The exclusive place of jurisdiction – including for check and bill of exchange disputes – is the place of business of the inn in the course of business. If a contracting party fulfills the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of business of the inn is considered the place of jurisdiction.
8.4 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws rules is excluded.
8.5 If individual provisions of these General Terms and Conditions for hotel accommodation are or become ineffective or void, this does not affect the effectiveness of the remaining provisions. In all other respects, statutory regulations apply.