Legal
Terms & Conditions
Markgräfler Hof · Ernst-Eisenlohr-Straße 7 · 79410 Badenweiler · Germany
1. Scope
1.1 These General Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as to further services provided by the hotel (accommodation contract).
1.2 The subletting or further letting of the rooms provided, as well as their use for purposes other than accommodation, requires the hotel's prior consent in text form.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in text form in advance.
2. Conclusion of Contract, Contracting Parties, Limitation Period
2.1 The hotel is entitled to confirm the room booking in text form.
2.2 The contracting parties are the hotel and the customer. If a third party has made the booking on behalf of the customer, that party is jointly and severally liable to the hotel together with the customer.
2.3 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages are subject to a five-year limitation period. These shortened limitation periods do not apply to claims 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 the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the hotel's applicable prices for the provision of the room and for any further services used. This also applies to services and expenses incurred by the hotel on behalf of third parties at the customer's request. Agreed prices include the applicable statutory value-added tax.
3.3 The hotel may make its consent to a subsequent reduction, requested by the customer, in the number of rooms booked, the hotel's services, or the length of the customer's stay conditional upon an increase in the price for the rooms and/or other services provided by the hotel.
3.4 Invoices issued by the hotel are due for payment without deduction within 14 days of the invoice date. In the event of late payment, the hotel is entitled to charge a flat fee (default surcharge, processing fee) of €25.00.
3.5 The hotel is entitled to request an advance payment or security deposit from the customer upon conclusion of the contract.
3.6 In justified cases, such as payment arrears on the part of the customer, the hotel is entitled to refuse further services.
3.7 The customer may only set off against, or exercise a right of retention against, a claim of the hotel if the counterclaim is undisputed or has been finally and legally established.
4. Cancellation by the Customer (Cancellation, Modification and No-Show)
4.1 Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in text form. Without such consent, the price agreed in the contract must be paid even if the customer does not make use of the contractual services.
4.2 Where the hotel and the customer have agreed in writing on a date for free-of-charge cancellation, the customer may withdraw from the contract up to that date without triggering any payment or damage claims from the hotel. The customer's right of cancellation lapses if they do not exercise it in text form vis-à-vis the hotel by the agreed date.
4.3 The guest is obliged to pay the agreed or customary local price for the contractual services not used, less any expenses saved by the hotel.
We accept cancellation or shortening of your room reservation as follows:
- —free of charge up to 10 days before arrival,
- —up to 5 days before arrival, we charge 70% of the room price,
- —from 5 days before arrival up to the arrival date, we charge 90% of the room price.
In the event of early departure, we charge 100% of the contractually agreed room price.
5. Cancellation by the Hotel
5.1 Where it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is likewise entitled to withdraw from the contract during that period (for example, if an agreed advance payment is not made).
5.2 In the event of a justified cancellation by the hotel, the customer has no claim to compensation.
6. Room Availability, Check-in and Check-out
6.1 The guest does not acquire any right to the provision of specific rooms unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the guest from 2:00 PM on the agreed day of arrival. The guest has no right to earlier availability.
6.3 On the agreed day of departure, rooms must be vacated and made available to the hotel by 10:30 AM at the latest. After that time, the hotel may charge 50% of the full overnight price (list price) for use of the room beyond the contract period up to 2:00 PM, and 100% thereafter.
7. Final Provisions
7.1 Amendments and additions to the contract or to these General Terms and Conditions must be made in text form. Unilateral amendments or additions by the customer are invalid.
7.2 The place of performance and payment is the registered seat of the hotel.
7.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods, as well as conflict-of-law rules, is excluded.
7.4 Should any provision of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the applicable statutory provisions shall apply.
