GENERAL TERMS AND CONDITIONS ( -> AGB deutsch )

of Golfhotel Villaggio Mackenbach

 

 

1 SCOPE OF APPLICATION

1.1         These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as all further services and deliveries provided to the customer by the hotel in this context (hotel accommodation contract). The term “hotel accommodation contract” replaces and includes the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

1.2         Subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form. Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived, insofar as the customer is not a consumer as defined in Section 13 BGB.

1.3         General terms and conditions of the customer shall only apply if this has been expressly agreed in text form in advance.

 

2 CONCLUSION OF CONTRACT, PARTIES, LIMITATION PERIOD

2.1         Contractual partners are Hotel Villaggio Mackenbach and the customer. The contract is concluded upon the hotel’s acceptance of the customer’s request. The hotel is free to confirm the room booking in text form.

2.2         All claims against the hotel are generally subject to a limitation period of one year from the beginning of the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.

 

3 SERVICES, PRICES, PAYMENT, SET-OFF

3.1         The hotel is obliged to keep available the rooms booked by the customer and to provide the agreed services.

3.2         The customer is obliged to pay the agreed or applicable hotel prices for the room rental and for other services used. This also applies to services commissioned by the customer directly or via the hotel that are provided by third parties and paid for by the hotel in advance.

3.3         The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Local charges that are owed by the guest according to municipal law (e.g. visitor’s tax) are not included. In the event of a change in the statutory VAT rate or the introduction, change, or abolition of local charges after conclusion of the contract, prices shall be adjusted accordingly. In contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months.

 

3.4         The hotel may make its consent to the customer’s subsequent request for a reduction in the number of booked rooms, services, or length of stay conditional on an appropriate increase in the price for the rooms and/or hotel services.

3.5         Upon arrival, the credit card used for the booking must be presented. The hotel is entitled to check this card for authorization and charge the agreed total amount or request a corresponding deposit. If the credit card is invalid or cannot be presented, the hotel reserves the right to request an alternative payment method or security.

3.6         Hotel invoices are payable without deduction by the day of departure. If payment by invoice has been agreed, payment must be made within ten days of receipt of the invoice unless otherwise agreed.

3.7         The hotel is entitled to demand a reasonable advance payment or security deposit at the time the contract is concluded, e.g. in the form of a credit card guarantee. The amount and due date can be agreed in text form.

3.8         In justified cases, such as default of payment or extension of the contract, the hotel is entitled to demand an advance payment or security deposit even after the contract has been concluded, up to the full agreed remuneration.

3.9         At the beginning and during the stay, the hotel may demand a reasonable advance payment or security deposit for existing and future claims under the contract, provided such payment has not already been made.

3.10       The customer may only offset or set off claims against those of the hotel if the claim is undisputed or legally binding.

3.11       The customer agrees to receive the invoice electronically.

 

4 CUSTOMER WITHDRAWAL (CANCELLATION) / NO-SHOW

4.1         Withdrawal by the customer from the contract is only possible if a right of withdrawal has been expressly agreed in the contract, if there is a statutory right of withdrawal, or if the hotel expressly agrees to the cancellation.

4.2         Cancellations are regrettable for both parties but sometimes unavoidable. We always try to re-rent cancelled rooms at short notice. In such cases, cancellation fees will be reduced accordingly.
Cancellations are free of charge up to four weeks before the arrival date. After that, we charge the following cancellation fees if the room cannot be re-rented:

  • from 4 weeks before arrival: 20% of the room rate
  • from 3 weeks before arrival: 30%
  • from 2 weeks before arrival: 40%
  • from 6 days before arrival: 50%
  • in case of no-show: 100%

 

4.3 If no right of withdrawal exists or has already expired, and the hotel does not agree to the cancellation, the hotel retains the right to the agreed payment. The hotel must deduct revenue from re-letting the rooms and saved expenses. If the rooms are not re-let, the hotel may charge a flat rate for saved expenses: 90% of the agreed price for bed and breakfast or arrangements with external services, 70% for half board, and 60% for full board. The customer is free to prove that no or a lower claim has arisen.

 

5 WITHDRAWAL BY THE HOTEL

5.1         If the customer was granted a right of free withdrawal within a certain period, the hotel is also entitled to withdraw from the contract during this period if there are inquiries from other customers and the customer does not waive their right of withdrawal upon request by the hotel.

5.2         If an agreed advance payment or security is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

5.3         The hotel may withdraw from the contract for good cause, in particular if:

  • force majeure or other circumstances beyond the hotel's control make performance impossible,
  • rooms are booked under misleading or false information about essential facts,
  • the use of the hotel services could endanger the smooth operation, security, or reputation of the hotel,
  • the purpose of the stay is unlawful,
  • there is a breach of clause 1.2 above.

5.4         A justified withdrawal by the hotel does not give rise to any claim for damages by the customer.

 

6 ROOM PROVISION, HANDOVER AND RETURN

6.1         The customer has no entitlement to the provision of specific rooms unless this has been expressly agreed in text form.

6.2         Booked rooms are available from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier provision.

6.3         On the agreed departure date, rooms must be vacated and returned to the hotel by 11:00 a.m. If the room is vacated late, the hotel may charge 50% of the full room price until 1:00 p.m. and 90% after 1:00 p.m. The customer is free to prove that no or a significantly lower claim has arisen.

 

7 LIABILITY OF THE HOTEL

7.1         The hotel is liable for damages resulting from injury to life, body, or health for which it is responsible, as well as for other damages caused by intentional or grossly negligent breaches of duty by the hotel. For simple negligence, the hotel is only liable for breaches of essential contractual obligations.

7.2          The hotel is liable for items brought in by the guest according to the statutory provisions. The hotel recommends using the hotel or room safe. For money, securities, and valuables exceeding €800 or other items exceeding €3,500, a separate safekeeping agreement with the hotel is required. Liability for valuables is excluded if they are not stored in the hotel safe at reception or in the room safe.

7.3         If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, this does not constitute a safekeeping contract. The hotel is only liable according to clause 7.1 above.

7.4         Wake-up calls, messages, storage, and forwarding of mail and goods are handled with care. The hotel is liable only according to clause 7.1 above.

7.5         The hotel assumes no liability for third-party services (e.g. wellness treatments, excursions). Claims must be made directly against the provider.

 

8 STORAGE AND RETURN OF LOST PROPERTY


8.1         Items forgotten or left behind by guests (“lost property”) will be collected and stored by the

hotel. Items of minor value, such as clothing, books, toiletries or umbrellas, will be stored for one month. Items of higher value, such as jewellery, watches, electronic devices or larger amounts of cash, will be stored for three months. During this period, the guest may request the return of the items. Shipping will only be carried out at the express request of the guest, at the guest’s expense and risk. After the expiry of the respective storage period, the hotel reserves the right to dispose of the items or donate them to charity.

8.2         The hotel is liable for the safekeeping of lost property only within the limits of statutory provisions and not for any damage resulting from the condition of the item itself (e.g. material fatigue, fading of colours).

 

9 FINAL PROVISIONS

9.1         Amendments and supplements to the contract, acceptance of the application, or these Terms and Conditions must be made in text form. Unilateral amendments are invalid.

9.2         Place of performance and payment as well as the exclusive place of jurisdiction – including for cheque and bill of exchange disputes – is Mackenbach, provided the customer is a merchant. If the customer does not have a general place of jurisdiction in Germany and fulfils the requirements of Section 38 (2) ZPO, Mackenbach shall also be the place of jurisdiction.

9.3         German law applies. The application of UN sales law is excluded.

8.4         In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/

The hotel does not participate in dispute resolution proceedings before consumer arbitration boards.