General Terms and Conditions
Hotel Kaiserhof Eisenach
Glockenhof Hotels Eisenach GmbH
Hotel Kaiserhof Wartburgallee 2
99817 Eisenach
I. Scope of Application
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer.
2. Subletting or re-letting the rented rooms, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel. Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is hereby waived, unless the customer is a consumer.
3. The customer's terms and conditions shall only apply if this has been expressly agreed to in writing beforehand.
II. Conclusion of Contract, Contracting Parties, Statute of Limitations
1. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is free to confirm the room reservation in writing.
2. The contracting parties are the hotel and the customer. If a third party has made the booking for the customer, that third party is jointly and severally liable to the hotel with the customer for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel generally become statute-barred one year from the commencement of the regular limitation period under Section 199 Paragraph 1 of the German Civil Code (BGB), which is dependent on knowledge of the claim. Claims for damages become statute-barred after five years, regardless of knowledge of the claim. These shortened limitation periods do not apply to claims based on intentional or grossly negligent breach of duty by the hotel.
III. Services, Prices, Payment, Set-off
1. The hotel is obligated to provide the rooms booked by the customer and to render the agreed services.
2. The customer is obligated to pay the hotel's applicable or agreed prices for the room rental and any additional services used. This also applies to services and expenses incurred by the hotel on behalf of the customer and paid to third parties.
3. The agreed prices include the applicable statutory value-added tax.
4. Hotel invoices without a due date are payable within 10 days of receipt without deduction. In case of late payment, the hotel is entitled to charge the applicable statutory default interest, currently 8%, or, in the case of transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove a higher loss.
5. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract.
6. The customer may only offset or reduce a claim by the hotel with an undisputed or legally established claim.
IV. Customer Cancellation / Failure to Utilize Hotel Services
1. Cancellation of the contract concluded with the hotel by the customer requires the hotel's written consent. If the customer fails to arrive, the agreed price under the contract is payable even if the customer does not make use of the contractual services. This does not apply if the hotel breaches its obligation to respect the rights, legal interests, and other interests of the customer, if, as a result, the customer can no longer be reasonably expected to adhere to the contract, or if the customer has another statutory or contractual right of withdrawal.
2. If a deadline for free cancellation of the contract has been agreed upon in writing between the hotel and the customer, the customer may withdraw from the contract up to that deadline without incurring any payment or damage claims from the hotel. The customer's right of withdrawal expires if they do not exercise their right to withdraw in writing to the hotel by the agreed deadline, unless a case of withdrawal by the customer pursuant to section 1, sentence 3 applies.
3. The following cancellation conditions also apply: • Individual rooms (1-3 double rooms) can be cancelled free of charge up to 2 days before arrival. If rooms are not cancelled in time, the hotel is entitled to charge a cancellation fee of up to 80% of the room rate. • Single rooms (4-5 double rooms) can be cancelled free of charge up to 7 days before arrival. If rooms are not cancelled in time, the hotel is entitled to charge a cancellation fee of up to 80% of the room rate. • Multiple rooms (6-9 double rooms) can be cancelled free of charge up to 4 weeks before arrival. If rooms are cancelled up to 1 week before arrival, the hotel is entitled to charge a cancellation fee of up to 50% of the room rate. If rooms are cancelled in the last week before arrival, the hotel is entitled to charge a cancellation fee of up to 50% of the room rate.
If rooms are cancelled in the last week before arrival, the hotel is entitled to charge a cancellation fee of up to 80% of the room rate. Group reservations (10 or more double rooms) cancel free of charge up to 8 weeks before arrival. In the event of a cancellation between 6 and 4 weeks before arrival, the hotel is entitled to charge a cancellation fee of up to 50%. If a cancellation is made within the last 4 weeks before arrival, up to 80% of the room rate may be charged.
4. If a cancellation occurs only on the day of arrival or not at all, the hotel is entitled to demand the contractually agreed remuneration and to apply a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay at least 80% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements.
5. For rooms not used by the customer, the hotel must credit any revenue from renting the rooms to other guests, as well as any expenses saved.
6. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
V. Hotel's Right of Withdrawal
1. If a free right of withdrawal for the customer has been agreed upon in writing within a specific period, the hotel is also entitled to withdraw from the contract within this period if inquiries from other customers for the contractually booked rooms are received and the customer does not waive their right of withdrawal upon inquiry from the hotel.
2. If an agreed prepayment or a prepayment required according to Clause III No. 5 above 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.
3. Furthermore, the hotel is entitled to terminate the contract without notice for objectively justified reasons, for example, if: • force majeure or other circumstances beyond the hotel's control make performance of the contract impossible; • rooms are booked under misleading or false pretenses regarding essential facts, e.g., concerning the identity of the customer or the purpose of the stay; • the hotel has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth operation of the business, the safety of the hotel, or its public image, without this being attributable to the hotel's sphere of control or organization; • there is a breach of clause I, no. 2 above.
4. In the event of justified termination by the hotel, the customer is not entitled to compensation. VI. Room Availability, Check-in, and Check-out 1. The customer does not acquire any right to the provision of specific rooms. 2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier access. 3. On the agreed departure date, the rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. After this time, the hotel may charge 50% of the full room rate (list price) for use of the room beyond the agreed time until 6:00 p.m., and 100% thereafter. This does not establish any contractual claims for the customer. The customer is free to prove that the hotel has incurred no loss or a significantly lower loss of revenue.
VI. Room Availability, Check-in, and Check-out
1. The customer is not entitled to a specific room.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer is not entitled to earlier access.
3. On the agreed departure date, rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. After this time, the hotel may charge 50% of the full room rate (list price) for use of the room beyond the agreed time until 6:00 p.m., and 100% thereafter. This does not establish any contractual claims for the customer. The customer is free to prove that the hotel has incurred no loss or a significantly lower loss of revenue.
VII. Hotel Liability
1. The hotel is liable for its contractual obligations with the due diligence of a prudent businessperson. Claims for damages by the customer are excluded. This excludes damages resulting from injury to life, body, or health if the hotel is responsible for the breach of duty; other damages based on an intentional or grossly negligent breach of duty by the hotel; and damages based on an intentional or negligent breach of essential contractual obligations by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by its legal representatives or agents. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon receiving immediate notification from the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and minimize any potential damage.
2. The hotel is liable to the customer for items brought onto the premises in accordance with statutory provisions, up to one hundred times the room rate, but not exceeding €3,500, and for cash, securities, and valuables up to €800. Cash, securities, and valuables may be stored in the hotel or room safe up to a maximum value of €800. The hotel recommends taking advantage of this option. Liability claims expire if the customer does not immediately notify the hotel upon becoming aware of any loss, destruction, or damage (§ 703 German Civil Code). This does not apply if the items were accepted by the hotel for safekeeping or if the loss, destruction, or damage is caused by hotel staff.
3. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for the loss of or damage to motor vehicles parked or moved on the hotel premises and their contents, except in cases of intent or gross negligence. The provisions of paragraph 1, sentences 2 to 4, apply accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and packages for guests are handled with care. The hotel undertakes the delivery, safekeeping, and—upon request and for a fee—the forwarding of these items. The preceding paragraph 1, sentences 2 to 4, apply accordingly.
VIII. General Data Protection Regulation (GDPR)
1. In accordance with Sections 29 and 30 of the Federal Registration Act, the hotel is required to collect and retain personal guest data during their stay for a certain period. This data is voluntarily provided to the hotel by the guest. This includes, in particular, the arrival date, the expected departure date, the guest's surname and first name, date of birth, nationality, address, number of accompanying persons and their nationalities, and the serial number of a recognized and valid passport or passport substitute document for foreign nationals. These registration forms are retained by the hotel management for one year from the date of arrival of the guest and destroyed within three months of the end of the retention period. The registration forms are stored securely to prevent unauthorized access. Authorised government institutions may access this data upon request within a certain timeframe.
2. The hotel collects and uses the guest's personal data via the hotel software "Fidelio Suite 8" for occupancy overview, invoicing, and the creation of reservation confirmations or related documents. By submitting an inquiry or booking, the guest consents to the use of their data by "Fidelio Suite 8" and the hotel, or voluntarily and independently enters this data when using the hotel's online booking system on the hotel website (www.kaiserhof-eisenach.de).
3. Personal data – such as name and address, and, if applicable, contact information (and only this data) – are stored in the electronic guest database to allow for quick access to the name and address upon arrival in the future. Credit card verification information is not stored. If the guest wishes to have their personal data deleted (after the statutory retention period has expired), they must explicitly inform the hotel. The hotel will then issue a deletion notification to the guest.
4. Business-related overnight stays are exempt from the cultural promotion tax levied by the City of Eisenach. In connection with this exemption, the hotel will request proof of business-related accommodation from the guest. This data is collected by the hotel on behalf of the City of Eisenach. The City of Eisenach bears sole responsibility for the data collected in connection with business-related overnight stays.
IX. Final Provisions
1. Amendments or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the hotel's registered office.
3. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – is, in commercial transactions, the hotel's registered office. If a contracting party meets the requirements of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the hotel's registered office shall be deemed the place of jurisdiction.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules is excluded. 5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.