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organic B&B, holiday rooms in Allgaeu DE-ÖKO-022
AGB der Bio Pension Kirschenfee

Terms and Conditions
Hotel Accommodation (2013)

I. Scope of Applicability

1. These terms and conditions govern contracts for the rental use of hotel rooms in the respective B&B kirschenfee, Markus und Peggy Beetz, Hotel for lodging purposes, as well as all other goods and services rendered by B&B kirschenfee, Markus und Peggy Beetz, to the customer in this context (Hotel Accommodation Contract).
2. In order to sublet the rooms that have been rented, to use the hotel rooms for other purposes than for accommodation, for public invitations or other advertising purposes, for interviews, sales or similar events the customer must obtain the prior written consent of B&B kirschenfee, Markus und Peggy Beetz, who may also demand payment of an additional remuneration. Section 540 para. 1, sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
3. The customer’s general terms and conditions only apply if this is previously expressly agreed.

II. Conclusion of Contract, Parties, Liability, Statute of Limitations

1. The contract shall come into force upon B&B kirschenfee, Markus und Peggy Beetz,’s acceptance of the customer’s application. At its discretion, B&B kirschenfee, Markus und Peggy Beetz, may confirm the room reservation in text form.
2. The customer must inform B&B kirschenfee, Markus und Peggy Beetz, without being asked, at the latest upon conclusion of the contract, if the customer’s use of the hotel service/s is likely to endanger the smooth operation of the hotel, the security or the reputation of B&B kirschenfee, Markus und Peggy Beetz, in the public eye.
3. Any claims against B&B kirschenfee, Markus und Peggy Beetz, shall generally be time-barred one year after the commencement of the general statute of limitations period. This shall neither apply to damage claims nor to claims which are based on an intentional or grossly negligent breach of obligation by B&B kirschenfee, Markus und Peggy Beetz.

III. Services, Prices, Payment, Set-Off

1. The customer is obligated to pay the agreed or applicable prices of B&B kirschenfee, Markus und Peggy Beetz, for rooms provided and for other services supplied. This also applies to services ordered by the customer directly or via B&B kirschenfee, Markus und Peggy Beetz, which a third party provides and B&B kirschenfee, Markus und Peggy Beetz, disburses.
2. The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, such as visitor’s tax. If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if the period between conclusion and fulfilment of the contract exceeds 4 months.
3. B&B kirschenfee, Markus und Peggy Beetz, can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.
4. If payment on receipt of the invoice is agreed, the invoice is payable without deduction and due within ten days of receipt, if not otherwise agreed.
5. For each reminder in case of default B&B kirschenfee, Markus und Peggy Beetz, is entitled to demand a fee of The customer is at liberty to prove that B&B kirschenfee, Markus und Peggy Beetz, has incurred no or lesser costs.
6. B&B kirschenfee, Markus und Peggy Beetz, is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in text form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours.
7. In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, B&B kirschenfee, Markus und Peggy Beetz, shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
8. Furthermore, B&B kirschenfee, Markus und Peggy Beetz, shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 6, insofar as such has not already been paid pursuant to the abovementioned No. 6 and/or No. 7.
9. The customer may only set-off, reduce or clear a claim by B&B kirschenfee, Markus und Peggy Beetz, with a claim which is undisputed or decided with final, res judicata effect.

IV. Withdrawal of the Customer (Cancellation, Annulment)/Failure to Use Hotel Services (No Show)

1. The customer can only withdraw from the contract concluded with B&B kirschenfee, Markus und Peggy Beetz,, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if B&B kirschenfee, Markus und Peggy Beetz, gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in text form.
2. To the extent that a date for a cost-free withdrawal from the contract has been agreed upon, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by B&B kirschenfee, Markus und Peggy Beetz,. The customer’s right of withdrawal shall expire if he does not exercise it in text form vis-à-vis B&B kirschenfee, Markus und Peggy Beetz, by the agreed date.
3. B&B kirschenfee, Markus und Peggy Beetz, is entitled to the contractual agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and B&B kirschenfee, Markus und Peggy Beetz, does not give its consent to the cancellation of the contract. B&B kirschenfee, Markus und Peggy Beetz, must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, B&B kirschenfee, Markus und Peggy Beetz, can demand the contractually agreed rate and assess a lump sum for the saved expenses. In this case, the customer is obligated to pay at least 90 percent of the contractually agreed rate for lodging with or without breakfast as well as all-inclusive arrangements with contracted external services, 70 percent for half-board and 60 percent for full-board arrangements. The customer is at liberty to show, that the abovementioned claim has not arisen at all or has not amounted to the demanded sum.

V. Cancellation by B&B kirschenfee, Markus und Peggy Beetz

1. Insofar as it was agreed that the customer can withdraw from the contract at no cost up to a specific date, B&B kirschenfee, Markus und Peggy Beetz, is entitled for its part to withdraw from the contract all or in part up to this specific date if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by B&B kirschenfee, Markus und Peggy Beetz, with a reasonable deadline set, does not waive his right of withdrawal. The same applies to the granting of an option if other inquiries exist and the customer is, if requested by B&B kirschenfee, Markus und Peggy Beetz, with a reasonable deadline set, not prepared to make a fixed booking.
2. Moreover, B&B kirschenfee, Markus und Peggy Beetz, is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if

  • – force majeure or other circumstances beyond B&B kirschenfee, Markus und Peggy Beetz,’s control render the fulfilment of the contract impossible;
  • – hotel services are reserved with culpably misleading or false information or concealment regarding essential facts. The identity or solvency of the customer or the purpose of his stay can constitute essential facts;
  • – B&B kirschenfee, Markus und Peggy Beetz, has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of B&B kirschenfee, Markus und Peggy Beetz,, its security or public reputation, without being attributable to B&B kirschenfee, Markus und Peggy Beetz,’s sphere of control or organisation;
  • – the purpose or the cause of the stay is illegal;
  • – there is a breach of clause I. No. 2 supra;
  • – an agreed advance payment or an advance payment or security demanded pursuant to clause III. No. 6 and/or clause III. No. 7 is not made even after a reasonable grace period set by B&B kirschenfee, Markus und Peggy Beetz, has expired.

3. B&B kirschenfee, Markus und Peggy Beetz, is entitled to stop or cancel interviews and sales or similar events that have not been approved.
4. The justified withdrawal by B&B kirschenfee, Markus und Peggy Beetz, does not constitute any claims for damages for the customer.
5. If, in case of a withdrawal according to No. 2 supra, B&B kirschenfee, Markus und Peggy Beetz, has a claim for damages, B&B kirschenfee, Markus und Peggy Beetz, may charge a lump sum for the claim. In this case, clause IV No. 3, sentences 3 to 6 apply accordingly.

VI. Room Availability, Delivery and Return

1. The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.
2. Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability. Unless a later time of arrival has been expressly agreed upon or the respective room has been paid in advance, B&B kirschenfee, Markus und Peggy Beetz, is entitled to let the booked room to another party after 6:00 p.m. without the customer being able to derive a claim against B&B kirschenfee, Markus und Peggy Beetz, from this fact. There is no obligation to let the room to another person.
3. Rooms must be vacated and made available to B&B kirschenfee, Markus und Peggy Beetz, no later than 11:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, B&B kirschenfee, Markus und Peggy Beetz, may charge 50 percent of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: at least 90 percent). The customer is at liberty to prove that B&B kirschenfee, Markus und Peggy Beetz, has no or a much lower claim for charges for use of the room.

VII. Final Provisions

1. Amendments and supplements to the contract or these general terms and conditions should be made in text form. Unilateral amendments and supplements by the customer are not valid.
2. For commercial transactions the place of performance and payment is the location of the respective B&B kirschenfee, Markus und Peggy Beetz, hotel.
3. For commercial transactions the courts at Memmingen shall have exclusive jurisdiction in the event of litigation, including cheque disputes.
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation Contracts be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.

Version: January 1, 2013

Fon +49(0)8336 8139998