- Stand: 1. January 2014
- Schwarzwald Chalets Freudenstadt
- Tina Schlör, Zeppelinstr. 2, 72250 Freudenstadt
- hereinafter „Schwarzwald Chalets“ called
1. Area of validity
1.1 These General terms and conditions apply to agreements concerning the booking of holiday homes against payment as well as all other services and supplies rendered to the guests by the Black Forest Chalets.
1.2 Diverging provisions, also general terms and conditions of the guest, would only be applicable with prior written confirmation or agreement. When booking via online booking engines like booking.com, the therein specified booking conditions are valid, which could especially differ from the herein specified regulations referring the conditions for cancellation and payment
2. Conclusion of agreement
2.1 The accommodation contract is generally formed through the acceptance of the guest’s booking request by the accommodation provider. The acceptance takes place via forwarding a booking confirmation by post, fax or email to the guest.
2.2 If the booking takes place by a third, this person as well as the guest are liable co debtors concerning all obligations deriving from the accommodations agreement, if an accordant statement of the third party is existent.
2.3 Besides § 70 l ff. BGB (German Civil Code), the general law of obligations BGB applies to the agreements of accommodation.
2.4 Subletting the rooms and their uses for purposes other than accommodation require the prior written permission by the Black Forest Chalets.
3. Prices and Service
3.1 The Black Forest Chalets is obliged to hold in readiness the accommodation units booked by the guest according to these general terms and conditions and to provide the agreed services.
3.2 The guest is obliged to pay the prices valid or agreed for the allocation of the accommodation as well as for any service made use of by the guest. This also applies to services caused by the guest or ordering person and to expenses of the Black Forest Chalets paid to third parties.
3.3 The agreed prices are inclusive of respective legal value added tax.
3.4 The prices may be changed by the Black Forest Chalets if the guest subsequently wants to make changes in the terms of stay or services provided by the Black Forest Chalets.
3.5 Invoices of the Black Forest Chalets are payable immediately upon receipt of the given invoice without deduction.
3.6 Black Forest Chalets is entitled to require an appropriate prepayment when concluding the contract or thereafter. It usually amounts to 25 % of the booking costs and is payable within 7 days after the effective date of the contract. The amount of the prepayment and its due date may be agreed in writing notwithstanding this. Furthermore Black Forest Chalets is entitled to regard as due the accruing amounts during by the guests stay by issuing an interim invoice or is entitled to require an immediate payment.
3.7 The guest hast the right to counter demands only in the case of indisputable or legally determined demands.
4. Unused services, cancellation, rescission by the guest
4.1 Black Forest Chalets grants to the guest the right to revoke the contract at any time. In this respect, the following conditions apply:
- In case of any cancellation by the guest, Black Forest Chalets I entitled to appropriate compensation.
- The guest has the right to terminate the agreement in writing.
- Black Forest Chalets shall endeavour to find a new guest. In case of success or the guest provides replacement, the guest will be reimbursed the deposit minus a processing free of 85,00 EUR.
- If no other guest can be found within 30 days before starting the booking time, the original guest is obliged to pay 50 % of the booking price (without final cleaning and tourism tax) to Black Forest Chalets. Black Forest Chalets tries to occupy the chalet up to 7 days before the beginning of the agreed stay. If there is no opportunity to find other guests after that deadline or non-commencement of booking, 90 % of the agreed booking price (without final cleaning and tourism tax) will be due. With a view to this opportunity we recommend travel cancellation insurance to the guest.
The guest is entitled to show that Black Forest Chalets has suffered no damage or that the actual damage suffered by Black Forest Chalets is substantially lower than the required compensation allowance.
4.2 The above provisions on the compensation shall apply analogously if the Guest does not make use of the booked room or the booked services and fails to notify this fact to the Hotel in due time.
4.3 If Black Forest Chalets has granted to the guest an option to withdraw from the contract within a certain period without any further legal consequences Black Forest Chalets shall not be entitled to compensation. The date of the withdrawal shall be the date on which the written notification is received by Black Forest Chalets.
5. withdrawal from the contract
5.1 To the extent that a right of cost-free cancellation within a certain period was agreed in writing for the guest according to paragraph 4.3, Black Forest Chalets is entitled for its part to cancel the contract during that period, if there are inquiries from other guests regarding the contractually reserved rooms and the guest does not waive his right of rescission upon inquiry thereof by Black Forest Chalets.
5.2 In cases where the down payment agreed upon according paragraph 3.6 has not been provided within the agreed period, Black Forest Chalets has the right to withdraw from the contract.
5.3 The right to withdraw from the contract for exceptional reasons is unaffected by this. It exists especially if:
- higher force or other circumstances beyond Black Forest Chalets control make it impossible or unreasonable to perform the contract or unreasonable to perform the contract;
- rooms are booked stating misleading or false material facts, e. b. on the personal data or propose of the guest have been concealed;
- Black Forest Chalets has justified reason for assuming that the guest’s use of the room’s services may put the smooth operation, safety, security or the public reputation of Black Forest Chalets at risk, but that this cannot be attributed to the power and organization of Black Forest Chalets;
- Black Forest Chalets knew or should have known that the use was unauthorised according to paragraph 2.4;
- Black Forest Chalets learns that the financial situation of the guest has deteriorated significantly after having concluded the contract, particularly if the guest has not cleared due invoices or has not provided sufficient securities, and that therefore the payment claims of Black Forest Chalets appear to be in danger;
- the guest has filed an application to open insolvency proceedings on his assets, has submitted a statutory declaration in accordance with § 807 ZPO or insolvency proceedings have been commenced on his assets or have been disclaimed due to lack of mass.
5.4 Black Forest Chalets is obliged to inform the guest immediately in case they exercise their right of withdrawal.
5.5 In the aforementioned cases of withdrawal the guest is not entitled to compensation.
6. Arrival, Departure, Move-out inspection, usage
6.1 Any rooms booked are available for occupation by the guest from 15.00 hrs on the agreed date of arrival. The guest has no right to the earlier provision of rooms.
6.2 On the agreed date of departure, the rooms are to be vacated and made available to Black Forest Chalets by no later than 10.30 hrs. After this time, Black Forest Chalets may charge the daily price due to the late vacation of the room. The guest shall have the right to furnish proof to Black Forest Chalets that no damages or significantly lower damages were incurred.
6.3 Black Forest Chalets hands over the units in a clean condition conforming with the contract to the guest. If any defects are present when the property is handed over, the guest must immediately submit a complaint to Black Forest Chalets, pointing this out. Otherwise the place will be considered immaculate.
6.4 Pets are only allowed after arrangement with Black Forest Chalets.
Provided that the pets must be guarded in order to prevent things and/or persons from any annoyance, disturb or damage and to avoid any damage to the area.
6.5 Smoking in the Black Forest Chalets is not allowed.
6.6 The guest is obliged to handle with care all rooms as well as the inventory. The guest shall be liable for any damage caused by him or any of his passengers or guests.
7.1 Black Forest Chalets is liable for cases of intent or gross negligence in accordance with the statutory provisions. Black Forest Chalets shall only be liable for slight negligence in breaches of cardinal contractual duties or injury of life, limb or health. The claim for damages to negligent violation of duties essential to performance of the relevant contracts is limited to foreseeable damage typical of the contract concerned, provided that there was no malicious intent or gross negligence, and that it does not involve injury to life or body or health. The host is liable for the negligence of subcontractors and representatives to the same extent.
7.2 The regulations in paragraph 7.1 are valid for compensation of damages instead of the accomplishment, no matter which legal argument is underlying, especially because of defects, the noncompliance with duties that result from the obligation or unlawful acts.
7.3 A parking space provided by Black Forest Chalets for the guest on a parking lot owned by Black Forest Chalets, does not establish a contract of secure custody.
7.4 Messages, mail, and merchandise deliveries for guests are handled with care. Black Forest Chalets shall ensure delivery, storage and, upon request and against payment forwarding of the same as well as of found items upon inquiry. Claims to compensation for damage shall be ruled out excepting for intent or gross negligence. After having stored the items for no more than one month, Black Forest Chalets is entitled to charge the guest an appropriate fee and give the aforesaid items to a local lost-and-found office.
7.5 The limitation for claims by the guest are in accordance with the statutory requirements.
8. Final regulations
The law of the Federal Republic of Germany shall apply. Place of performace, payment and jurisdiction is Freudenstadt.
Single regulations of this AGB should completely or partly be or get ineffective, the validity of the remaining provisions of these terms of business or of the individual agreement shall not be affected. The parties agree to replace the ineffective clause or to close the legal gap with an effective clause coming closest to what the parties had originally intended.
Freudenstadt, on 1st January 2014
Schwarzwald Chalets Freudenstadt, Tina Schlör