Legal Notice

General conditions for the hotel accommodation contract

I. Scope

    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 in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

    The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the hotel's prior written consent, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer.

    The customer's general terms and conditions only apply if this has been expressly agreed upon in writing beforehand.

II. II. CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS

    The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in text form..

    The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he or she is jointly and severally liable to the hotel together with the customer for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.

    All claims against the hotel generally expire one year from the start of the statutory limitation period. Claims for damages expire in five years, regardless of knowledge. The reduction in the statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. SERVICES, PRICES, PAYMENT, SET-OFF

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

    The customer is obliged to pay the hotel's agreed or applicable prices for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory VAT.

    The hotel can make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the customer's length of stay requested by the customer dependent on an increase in the price for the rooms and/or for the hotel's other services.

    Hotel invoices without a due date are payable without deductions within 10 days of receipt of the invoice. The hotel can demand immediate payment of outstanding claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory 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 greater damage.

    The hotel is entitled to demand an appropriate advance payment or security in the form of a credit card guarantee, a deposit or similar from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the legal provisions remain unaffected.

    In justified cases, e.g. the customer is in arrears with payments, the hotel is entitled to demand an advance payment or security deposit within the meaning of No. 5 above, even after conclusion of the contract up to the start of the stay, or to demand an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

    The hotel is also entitled to demand an appropriate advance payment or security deposit within the meaning of No. 5 above from the customer at the beginning and during the stay for existing and future claims arising from the contract, unless such payment has already been made in accordance with Nos. 5 and/or 6 above became.

    The customer can only set off or reduce a claim of the hotel or exercise a right of retention if there is an undisputed or legally binding claim.

IV. WITHDRAWAL OF THE CUSTOMER (CANCELING, CANCELLATION) / FAILURE TO USE THE HOTEL SERVICES (NO SHOW)

    A withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not occur, the agreed price from the contract must be paid even if the customer does not use the contractual services. This does not apply in the event of a breach of the hotel's obligation to take the rights, legal interests and interests of the customer into account if the customer can no longer be expected to adhere to the contract or has another legal or contractual right of withdrawal.

    If a deadline for withdrawing from the contract free of charge has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering any claims for payment or damages from the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless there is a case of withdrawal by the customer in accordance with Section IV No. 1
    Sentence 3.

    In the case of rooms not used by the customer, the hotel must credit the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented to someone else, the hotel can demand the contractually agreed remuneration and make a flat rate deduction for the hotel's initial expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise to the required amount.

V. WITHDRAWAL OF THE HOTEL

    If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer responds to the hotel's request Right to withdraw is not waived.

    If an agreed advance payment or security deposit requested in accordance with Section III Numbers 5 and/or 6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

    Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if

    Force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible;

    Rooms are booked with misleading or false information about essential facts, e.g. the identity of the customer or the purpose of his stay;

    the hotel has reasonable grounds to believe that the use of the hotel service may endanger the smooth business operations, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of ​​the hotel;

    there is a violation of the above-mentioned number I no. 2.

If the hotel withdraws with justification, the customer has no right to compensation.

VI. ROOM PREPARATION, DELIVERY AND RETURN

    The customer does not acquire any right to the provision of specific rooms.

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

    On the agreed departure day, the rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract until 6:00 p.m., and 100% from 6:00 p.m. This does not justify the customer's contractual claims. He is free to prove that the hotel has no or a significantly lower claim to usage fees.

VII. LIABILITY OF THE HOTEL

    The hotel is liable for its obligations under the contract with the care of a prudent businessman. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the hotel and damages that are based on an intentional or negligent breach of based on the hotel's typical contractual obligations. 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 upon knowledge or immediate complaint from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and keep any possible damage to a minimum.

    The hotel is liable to the customer in accordance with the statutory provisions for items brought in, which is up to one hundred times the room price, up to a maximum of €3,500, and for money, securities and valuables up to € 800. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € (use the hotel's insurance sum). The hotel recommends that you use this option.

    If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a storage contract. The hotel is not liable if motor vehicles parked or maneuvered on the hotel property and their contents are lost or damaged, except in cases of intent or gross negligence. No. 1 sentences 2 to 4 above apply accordingly.

    Wake-up calls are carried out by the hotel with the greatest care. Messages, mail and shipments of goods for guests are handled with care. The hotel takes care of delivery, storage and – if requested – forwarding of the same for a fee. No. 1 sentences 2 to 4 above apply accordingly.

VIII. FINAL PROVISIONS

    Changes or additions to the contract, the acceptance of the application or these general terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.

    The place of fulfillment and payment is the hotel’s headquarters.

    The exclusive place of jurisdiction for commercial transactions - including for check and bill of exchange disputes - is the hotel's registered office. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office.

    German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

    Should individual provisions of these general terms and conditions for the hotel accommodation contract be or become ineffective or void, this will not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.


    IX.

The tourism contribution in Rüdesheim according to the applicable statutes must be collected by the hotel from the guest and paid quarterly to the city of Rüdesheim. From April 1, 2024, this applies to both private and business travelers. The statutes are attached as a PDF.


  


Additions:

Events of Jagdschloss Niederwald

  1. Generally the event contract will be in writing. The contract also counts as concluded as soon as the ordered rooms and/or conference facilities are confirmed or, if a confirmation was not possible anymore for lack of time, the rooms were made available.

  2. Pre-reservations or allotments of rooms and conference facilities are binding for both contractpartners. Thehotel reserves the right to sell rooms and conference facilities otherwise after extension of the pre-reservationdeadline.

  3. The rooms are made available to the event organizer from 2 p.m. at the latest on the day of arrival until 12 noon on the day of departure. Unless a different time of arrival was agreed upon in writingthe hotel reserves the right to sell the reserved rooms otherwise after 2 p.m.

  4. Reserved conference facilities are made available to the event organizer during the time periodagreed upon. An extension of the use of these facilities is only possible after agreement by the hotel.

  5. The hotel reserves the right to allocate rooms and conference facilities according to the number ofregistered participants. If for important reasons the rooms cannot made available the hotel isresponsible for organizing equivalent replacement. This replacement does not have to be in thesame hotel.

  6. Eine kostenfreie Stornierung aller gebuchten Leistungen, nachfolgend Gesamtbuchung genannt, ist wie folgt möglich:


    - up to 10 people up to 4 weeks before the arrival date
    - up to 25 people up to 6 weeks before the arrival date
    - from 26 people up to 8 weeks before the day of arrival

    After the free cancellation period for the entire booking has ended, 20% of the entire booking can be canceled free of charge up to 14 days before arrival.

    A further 10% of the remaining rooms, including their booked services, can be canceled free of charge up to 48 hours before arrival.

    Über diese Regelungen hinausgehende Reduzierungen werden mit 100 % der gebuchten Leistungen in Rechnung gestellt. Bei Vertragsabschluss verpflichtet sich der Kunde, diesen Regelungen zu entsprechen.

    Bei privaten Reservierungen bis 2 Zimmereinheiten: Bis 2 Tage vor Anreise können Sie Ihr Zimmer (bis 2 Zimmereinheiten) ohne Angabe von Gründen kostenfrei stornieren. Weitergehende Staffelungen für Gruppenbuchungen lt. unseren AGB´s.

  7. The decisive factor for the timeliness of the cancellation is the receipt of the cancellation notice at the hotel - this requires counter-confirmation by the hotel.

  8. To ensure a proper process of the event by the hotel the organizer is asked to provide the hotel withan agenda and a list of participants in due time before the event.

  9. For reservations concerning the year 2016, 2017-2019 and following years: the hotel reserves the right toincrease the rateswithout prior notice. The rates include the current valid V.A.T. of 7 % (accommodation) and19%respectively ( Breakfast, other services as parking area, wifi, pool- & sauna). Rates are to be paid in Euros.

  10. The hotel is not liable for valuables. If valuables are deposited in the hotel safe liability is limited tothe amount covered by the hotel's insurance.

  11. Bringing food and drinks into the hotel is generally not allowed. Exceptions require an explicitagreement with the hotel that also includes incurring charges. The event organizer is responsible forinforming his clients of these regulations and ensuring that they are being followed.

  12. The organizer is liable for damage to furnishings and equipment of the hotel. The instalment ofdecorations or other equipment is only allowed after agreement by the hotel. The hotel is not liablefor the loss or damage to equipment brought into the hotel for the event by the organizer.

  13. All decorations have to be in accordance with fire safety regulations. If in doubt the organizer isresponsible for contacting the appropriate authority. Decorational material brought into the hotel bythe organizer should be removed 24 hours after the end of the event at the latest.

  14. The hotel is not liable for lost or damaged objects.

  15. If technical or other problems occur with equipment provided by the hotel the hotel is responsible forsolving the problem immediately. This does not justify a reductions of the agreed rates or refusal ofpayment.

  16. The hotel will try to prevent disturbance of the peace by night through other guests as far aspossible. A reduction of the agreed rate is excluded.

  17. Invoices for services provided have to be paid by the organizer in full within 14 days of reception ofthe invoice.

  18. The organizer is liable for all incurring expenses.

  19. Errors and omissions in printing or accounting are excepted.

  20. Amendmends and additions need to be in written form. Verbal agreements are not binding.

  21. Place of juristication for both parties is Wiesbaden.

  22. The invality of individual regulations of the contract or of these terms and conditions do not affect thevalidity of the remaining agreements.

  23. All Rates are inc. the Tax and VAT from the point of reservation. Not including is the local fee which is owed bythe guest himself like the city tax starting from 2018. Alteration of Fee, Tax and VAT at subject of agreementafter contract will be adjusted accordingly.

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