Terms of Service
Thank you for your interest in Hotel Breitenbacher Hof. Please inform yourself about the general terms and conditions of our house. We are at your disposal for suggestions and questions.
General terms and conditions for the services of the Hotel Breitenbacher Hof of individual and company guests (based on the recommendations of the German Hotel and Restaurant Association - DEHOGA)
I. Conclusion of the contract
1. The contract is concluded on the basis of these terms and conditions as soon as the room(s) or other services are ordered and promised. As far as possible in terms of time, the Hotel Breitenbacher Hof will confirm the reservation to the guest in writing.
2. The contractual partners are the guest and the hotel. If a third party has ordered for the guest, he and the guest are jointly and severally liable 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. When registering more than one person, especially groups, travel, Lists of participants should be available to the hotel in writing as follows:
a. Concrete room occupancy or number of participants up to 7 days before arrival
b. Events with a political character/sects must be clearly marked as such when registering
4. If the content of the reservation confirmation differs from the content of the registration, the different content of the confirmation for the guest and the hotel only becomes binding if the guest does not expressly object within 7 days of receipt of the reservation confirmation. This only applies if the reservation confirmation contains an express reference to the fact that the deviating content of the reservation confirmation will become an effective part of the contract if the aforementioned deadline is missed.
II. Room Reservations by an Individual Guest
1. For room reservations by an individual guest, in addition to the provisions in Sections I., III., V., VI. and VII. of these General Terms and Conditions, the regulations made below under this Section II. The regulations in Section IV. of these General Terms and Conditions do not apply to room reservations made by individual guests. An individual guest is someone who books a hotel room in their own name and for their own account without ordering other hotel services and without claiming special conditions for the room booking, such as for tour operators, group trips, booking arrangements, etc.
2. The conclusion of the guest accommodation contract obliges the contractual partners to fulfill the contract, regardless of the duration of the contract. This contract cannot be terminated unilaterally, unless one party has the right to withdraw from the contract due to delay, impossibility for which the other party is responsible, or an important reason.
3. Reserved rooms are available to the guest on the day of arrival from 3 p.m. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the current daily rate for the additional use of the room until 6:00 p.m. and 100% from 6:00 p.m. The guest is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
4. Unless a later arrival time has been expressly agreed, the hotel reserves the right to give reserved rooms to someone else after 6:00 p.m.
5. The guest does not acquire the right to be provided with specific rooms or premises. If agreed premises are not available, the hotel is obliged to endeavor to find an equivalent replacement in the building or other objects.
6. If the period between conclusion and fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 5%. In the event of a price increase, the guest has an extraordinary right of termination.
7. The guest is obliged to pay the agreed or customary price if the contractual services are not used, less the expenses saved by the hotel. According to experience, the savings amount to 20% of the overnight price for overnight stays, and 30% of the normal prices for food and drinks. The guest is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
8th. The hotel is held in good faith to always allocate unused rooms and premises to other people if possible in order to avoid failures. Until the other assignment, the guest has for the duration of the contract according to II.7. pay the calculated amount.
9. All our rooms are individually furnished and differ from each other in size and furnishings, the photos and floor plans shown are only examples.
III. Prices and terms of payment
1. The agreed prices include the statutory VAT. In the event of a change in VAT, we reserve the right to adjust the prices.
2. The prices can be changed by the hotel if the guest subsequently requests changes to the number of booked rooms, the hotel's services or the length of stay of the guests and the hotel agrees to this.
3. All of the hotel's claims are due upon the guest's or event organizer's departure and, unless otherwise agreed, must be met on site.
4. In the case of prior invoicing to be agreed in writing, the remaining total claim is due for payment within 7 days of the invoice date without deduction. In the event of late payment, the hotel is entitled to charge the applicable default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to prove a higher damage and the guest to prove a lower damage. In the event of default in payment, the hotel is also entitled to withdraw from the contract and resell the agreed rooms. The provision in Section II.7. remains unaffected.
5. The place of performance for these payment obligations remains the hotel's registered office, even if the claims are credited due to special agreements or are only due later due to agreed invoicing.
IV. Cancellations/Changes
1. All cancellations/changes that do not fall under Section II. of these General Terms and Conditions must be made in writing in any case, but do not release the guest from paying the agreed or customary prices. The following applies as a lump-sum compensation for rooms as well as for events and the provision of premises:
1. until 28 Days before arrival: free of charge
2. after that we calculate 80% for rooms with breakfast and 70% for rooms with half board or package. The same applies to non-arrival and cancellation. We recommend that you take out travel cancellation insurance when booking.
2. The guest is free to prove that the hotel has suffered no or only minor damage.
3. Any cancellation must be made in writing and confirmed by us in writing.
V. Damage and Liability
1. The contractual partners of the hotel or the guest as such or as host are fully liable to the hotel for damage caused by themselves or their guests.
2. If the hotel is prevented from fulfilling its service due to force majeure, illness, strike or similar, no liability for damages can be derived from this, but the hotel is obliged towards the client to endeavor to obtain equivalent services elsewhere.
3. If external events take place, the hotel acts in the name and for the account of the organizer if it procures technical or other equipment from third parties. The organizer is liable for the careful treatment and proper return of these facilities and indemnifies the hotel from all third-party claims arising from the provision of these facilities. Any necessary insurance for exhibition, technical or other items brought along is the responsibility of the guest/organiser.
4. The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Claims by the guest for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, freedom and sexual self-determination if the hotel is responsible for the breach of duty, as well as other damages that are based on an intentional or grossly negligent breach of duty by the hotel and damages that are based on a intentional or negligent violation of typical contractual obligations (so-called cardinal or core obligations) of the hotel. A cardinal obligation is an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely. Compulsory liability according to the Product Liability Act, as well as liability from a guarantee assumed by the hotel, and innkeeper liability according to Section V.5 of these General Terms and Conditions remain unaffected. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. If disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if the guest is aware of it or complains immediately. The guest is obliged to do what is reasonable for him to remedy the disruption and to minimize possible damage.
5. The hotel is liable to the guest for items brought in according to the statutory provisions, i.e. up to 100 times the room rate, a maximum of EUR 3,500.00, and for money, securities and valuables up to EUR 800.00. Money, securities and valuables can be kept in the hotel safe up to a maximum of EUR 3,500, the sum insured for the respective hotel. The hotel recommends that guests make use of this option. Liability claims expire if the guest does not notify the hotel immediately after becoming aware of the loss, destruction or damage. These regulations on the legal liability of hoteliers and innkeepers apply accordingly to further liability of the hotel.
6. The attachment of decorative material or similar, as well as the use of areas in the hotel outside the rented or agreed rooms require the written consent of the hotel and can be made dependent on the payment of an additional fee. These and other items brought in by the guest must comply with the local fire police and other regulations. The guest undertakes to clear all areas used at the end of the event and to return them to the condition in which they were originally rented. Claims for damages on the part of the hotel remain unaffected.
7. Messages, post and consignments for guests are treated with care. The hotel takes care of storage (within the hotel) and, if requested, forwarding the same for a fee. The limitations of liability in Section V. 4 of these General Terms and Conditions apply to liability.
8th. The hotel will carry out wake-up calls with the greatest possible care, provided these have been properly ordered. The limitations of liability in Section V. 4 of these General Terms and Conditions apply to liability.
9. As far as the guest a parking space in the is made available in the hotel car park, this does not constitute a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the limitation of liability in Section V. 4 of these General Terms and Conditions.
10. All our rooms are non-smoking rooms, but you can enjoy your cigarette on the balcony in our fresh Black Forest air. In the event of non-compliance, we reserve the right to charge €100 for special cleaning.
VI. General information
1. Tourist information and information of all kinds is provided by the hotel to the best of its knowledge, but without guarantee. Personal data are fundamentally covered by the Data Protection Act; the hotel does not provide any information here.
2. Lost property (objects left behind) will only be sent on request and by cash on delivery. The hotel undertakes to keep it for 1 month. After this point, the items will be sold.
3. The limitation of liability agreed in Section V.4 of these General Terms and Conditions applies to the transport of people and luggage.
4. Food and drinks are to be obtained from the hotel and may not be brought to events. In special cases (national specialties, etc.) a written agreement can also be made. In these cases, a service fee or corkage fee will be charged.
VII. Final Provisions
1. The latest price changes and our General Terms and Conditions in their latest version apply.
2. We reserve the right to errors and their correction, as well as printing and calculation errors. Deviating agreements or verbal agreements only become effective if they are confirmed in writing by the hotel. This applies in particular to the waiver of the written form.
3. Should one of the above provisions be ineffective, this does not affect the validity of the remaining provisions.
4. The place of jurisdiction is Horb, as agreed if the guest is a merchant and no other exclusive place of jurisdiction for the legal dispute is stipulated by law. However, the hotel is also entitled to sue at the guest's place of business.