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General Terms and Conditions

for Hotel Accommodation at Sporthotel & Resort Grafenwald - Daun / Vulkaneifel

I. Area of application, privacy policy

1. These Terms and Conditions apply to all contracts concluded between the hotelier and the customer for the provision of hotel rooms at the Sporthotel & Resort Grafenwald for accommodation as well as to all other services and deliveries connected therewith (hereinafter uniformly referred to as "services") to the extent that they do not fall within the scope of §§ 651a ff. BGB (German Civil Code).

2. The subletting of accommodation or their use for purposes other than accommodation requires the prior written consent of the hotel, waiving § 540 (1) clause 2 BGB.

3. The Terms and Conditions of the customer will only be applicable if this has previously been expressly agreed in writing.

4. Customers in the sense of these Terms and Conditions are both consumers and entrepreneurs in the sense of §§ 13, 14 BGB. The hotelier is Ferienpark Daun GmbH & Co.KG Vulkaneifel (hereinafter also referred to as the "Hotel").

5. Please note our information on data protection in our data protection declaration, which is attached to these General Terms and Conditions at the end or under the following link https://www.sporthotel-grafenwald.de/footer-menu/allgemein/datenschutz.html on the Internet. 

II. Conclusion of contract, statute of limitations

1. The contract comes into effect upon acceptance of the customer's booking request by the hotel. If the hotel makes a binding offer to the customer, the contract is concluded by acceptance of this offer by the customer. In both cases, the hotel is free to confirm the contractual agreement in writing.

2. If the customer is not the guest spending the night, the customer is nevertheless jointly and severally liable for all claims of the hotel against the guest, even if the guest has used or commissioned services without knowledge of the customer or has violated any contractually agreed rules and regulations. If a commercial agent or organiser is engaged by the customer, the above shall apply accordingly to claims of the hotel against the agent or organiser.

3. All claims of the customer or the third party against the hotel shall be forfeited after one year or less, as provided by law.

4. Claims for damages against the hotel are forfeited after five years, regardless of any existing knowledge of the same. This reduction in the time of the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty on the part of the hotel as well as to bodily injury and damage to health attributable to the hotel or to loss of life attributable to the hotel.

III. Services, prices, payments, offsetting

1. The hotel is obliged to reserve the rooms booked by the customer and to provide the agreed services.

2. The customer is obliged to pay the agreed price of the hotel or the hotel's usual price for the provision of rooms and for all other services used. This also applies to services provided by the hotel to third parties.

3. The agreed prices include any applicable value added tax. If the period between conclusion of the contract and the event exceeds 4 months and if the price generally charged by the hotel for such services changes, the contractually agreed price will be adjusted, but by a maximum of 8%.  Local duties that are payable by the guest according to the respective local laws are not included. This would include, for example, the tax levied by the city of Daun.

4. The hotel may make its agreement to any retroactive reduction in the number of rooms booked, services provided by the hotel, or length of the customer's stay conditional upon an increase in price for the room(s) and/or other services.

5. Hotel invoices without a due date are payable without deduction within 14 days of receipt. The hotel is entitled to demand immediate payment of any ongoing accounts receivable. In case of default on payment, the hotel is entitled to levy the current legally applicable rate of interest of 9%, or in case of legal transactions in which a consumer is involved, of 5% above the base rate of interest. In addition, the hotel can claim a fee of € 5 per reminder letter in case of default. The hotel reserves the right to prove and assert higher damages.

6. The hotel is entitled to demand from the customer a reasonable advance payment or a security deposit   e.g. in the form of a credit card guarantee at the time of conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

7. In justified cases, e.g. if the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an increase in the agreed advance payment or provision of security up to the full agreed remuneration even after conclusion of the contract.

8. The customer may only offset a counterclaim which is undisputed or legally recognised against a claim on the part of the hotel. The same applies to the assertion of a right of retention.

IV. Customer withdrawal, cancellation, no show

1. If a cut-off date for withdrawal from the contract at no cost is agreed between the hotel and customer in writing, the customer can then cancel the contract until that date without incurring charges and at no risk of compensation claims by the hotel. The customer waives their right to cancel the contract if they fail to exercise their right by the agreed deadline.

2. If, at the time of booking, the customer has chosen a rate that is non-refundable (i.e. it cannot be cancelled or modified without losing payments made in advance) and has accepted that the full price of the stay will be charged (e.g. to their credit card), the customer may not cancel the contract and no payments will be refunded unless the conditions for a legally mandated right of cancellation exist.

3. The hotel may also grant the customer the right to withdraw from the contract at any time for a fee, subject to the following provisions:

4. The hotel is entitled to reasonable compensation. The hotel has the choice of claiming lump-sum compensation from the guest instead of a specifically calculated compensation. The flat rate is 90% of the contractually agreed price for overnight stays with or without breakfast, 70% of the contractually agreed price for overnight stays with half board, and 60% of the contractually agreed price for overnight stays with full board arrangements. This takes into account the expenses that the hotel would not have to incur given the cancelled stay. The customer is free to prove that such damage did not occur or is not valued at the amount claimed.

5. If the hotel specifically calculates the compensation, the amount of the compensation shall not exceed the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.

6. The above regulations concerning damages also apply accordingly if the guest fails to make use of the booked room or services without providing us timely notice ("no show").

V. Withdrawal by the hotel

1. If the customer has agreed to a free right of withdrawal in text form within a certain period of time, the hotel is entitled to withdraw from the contract free of charge during this period if requests from other customers for the contractually booked rooms are received and the customer does not waive their right of withdrawal upon the hotel's request.

2. If an agreed advance payment or an advance payment requested in accordance with clause 3 paragraph 6 or 7 is not made even after a reasonable period of grace set by the hotel has elapsed, the hotel shall also be entitled to withdraw from the contract.

3. Moreover, the hotel is entitled to cancel the contract extraordinarily for a properly justified reason, particularly if
i. force majeure or other circumstances not of the hotel's causing make fulfilment of the contract impossible;
ii. rooms can be booked with misleading or false statements of material facts (e.g. in the person of the customer or for the purpose);
iii. the hotel has reasonable grounds to assume that the use of the rooms or other services may endanger the smooth business operations, the security or the public image of the hotel, without this being attributable to the hotel's sphere of control or organisation;
iv. there is a violation of paragraph 1 (2),
v. in all cases regulated by law.

4. If the hotel justifiably cancels the contract, no claim for compensation may be made by the customer.

VI. Room availability, handover and return

1. The customer does not acquire any claim to the provision of certain rooms.

2. Reserved rooms are available to the customer from 3 p.m. on the agreed day of arrival. Booked holiday homes/apartments are available to the customer at the earliest from 5 p.m. on the agreed day of arrival. The customer is not entitled to earlier provision of the room.

3. The customer must vacate the room by no later than 11:00 a.m. on the agreed check-out date. Thereafter, in the event of delayed evacuation of the room / country house or apartment for its use in excess of the contract, the hotel may charge 50% of the currently valid daily accommodation rate until 6 p.m., then 100% from 6 p.m. onwards. This will not establish any contractual claims for the customer. The customer is at liberty to prove that the hotel is entitled to no additional charge or a lower charge for the use of the room. In addition, the hotel reserves the right to prove and assert higher damages.

VII. Liability of the hotel

1. The hotel is liable with the diligence of a prudent business for its obligations under the contract. The hotel is basically liable for all legal and contractual claims only for damages caused by its wilful or grossly negligent conduct. Exceptionally, the hotel is liable for slight negligence in the event of damage based on the violation of essential contractual obligations or damage resulting in injury to life, body or health. In the case of damages based on the violation of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. The hotel shall not be liable for consequential or indirect damages. Exclusions and limitations of liability apply in the same way to a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavour to provide a remedy once it becomes aware of these or if the customer immediately complains to the hotel. The customer is obliged to contribute what is reasonable to remedy the disturbance and to minimise damage, as well as to inform the hotel immediately of all disturbances and/or damage.

2. The hotel's liability for property brought onto its premises by the customer shall be capped at €3,500 in accordance with the statutory provisions of §§ 701 ff. BGB.

3. The liability for money, securities, and valuables is capped at €800. Storing the same in a hotel or room safe is always recommended. The above paragraph 1 sentences 2 to 5 shall apply to any further liability of the hotel.

4. If the customer is provided with a parking space in the hotel garage or car park, even if a fee is charged, this does not constitute a contract of safe custody. The hotel is not liable for any loss or damage to vehicles parked on hotel property or their contents, except in cases of wilful misconduct or gross negligence. This also applies to vicarious agents of the hotel. The above paragraph 1 sentences 2 to 5 shall apply accordingly.

5. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and goods for customers are also handled with the utmost care. The hotel will handle both their delivery and storage in the hotel for  a fee. The above paragraph 1 sentences 2 to 5 shall apply accordingly.

6. Sports and swimming pool facilities in the hotel are used by the customer at their own risk.

VIII. Final provisions

1. Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation must be made in text form. Unilateral changes or additions by the customer are invalid.

2. The place of fulfilment and payment is the registered location of the hotel.

3. The exclusive place of jurisdiction for commercial transactions is Cologne. If a Contracting Party fulfils the requirement of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction is that of the registered location of the hotel.

4. German law shall apply exclusively.

5. Should any of the individual provisions of these terms and conditions be invalid or void or become so, this will not affect the validity of the remaining provisions. The relevant statutory provisions shall apply in other respects.

Updated: Juli 2018

Download (PDF):

General Terms and Conditions for Hotel Accommodation
at Sporthotel & Resort Grafenwald - Daun / Vulkaneifel

 

General Terms and Conditions

for Package Tours at Sporthotel & Resort Grafenwald - Daun / Vulkaneifel

I. Area of application, privacy policy

1. These Terms and Conditions apply to all contracts concluded between the hotelier and the customer for the provision of hotel rooms at the Sporthotel & Resort Grafenwald for accommodation as well as to all other services and deliveries connected therewith (hereinafter uniformly referred to as "the travel service"), provided that the travel law within the meaning of §§ 651a ff. BGB (German Civil Code) applies (e.g. in the case of a package tour, in the mediation of associated travel services).

2. The sub-letting of the rooms provided or their use for purposes other than accommodation requires the prior consent of the hotel in writing, whereby § 540 (1) clause 2 of the BGB (German Civil Code) is waived if the customer is not a consumer.

3. The Terms and Conditions of the customer will only be applicable if this has previously been expressly agreed in text form.

4. Customers in the sense of these Terms and Conditions are both consumers and entrepreneurs in the sense of §§ 13, 14 BGB. The hotelier is Ferienpark Daun GmbH & Co.KG Vulkaneifel (hereinafter also referred to as the "hotel").

5. Please note our information on data protection in our data protection declaration, which is attached to these General Terms and Conditions at the end or under the following link https://www.sporthotel-grafenwald.de/footer-menu/allgemein/datenschutz.html on the Internet. 

II. Conclusion of contract, statute of limitations

1. The contract comes into effect upon acceptance of the customer's booking request by the hotel. If the hotel makes a binding offer to the customer, the contract is concluded by acceptance of this offer by the customer. In both cases, the hotel will confirm the contractual agreement.

2. If the customer is not the guest himself, the customer is nevertheless jointly and severally liable for all claims of the hotel against the guest, even if the guest has used or commissioned services without knowledge of the customer or has violated contractually agreed regulations. If a commercial agent or organiser is engaged by the customer, the above shall apply accordingly to claims of the hotel against the agent or organiser.

3. Claims for damages against the hotel are subject to a limitation period of 5 years at the latest, irrespective of knowledge. This reduction in the time of the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty on the part of the hotel as well as to bodily injury and damage to health attributable to the hotel or to loss of life attributable to the hotel.

III. Services, prices, payments, offsetting

1. The hotel is obliged to reserve the rooms booked by the customer and to provide the agreed services.

2. The customer is obliged to pay the agreed price of the hotel or the hotel's usual price for the provision of rooms and for all other services used. This also applies to services provided by the hotel to third parties.

3. The agreed prices include any applicable value added tax. The hotel may charge the contractually agreed price under the conditions and for the reasons set out in § 651f para. 1 sentence 2 no. 2 BGB, but by a maximum of 8%; the hotel will inform the customer in good time before using the travel service about any increase, the reasons and how the change in price was calculated. The hotel is obligated to reduce the price if and to the extent that the prices specified in § 651f para. 1 sentence 2 no. 2 BGB have changed after conclusion of the contract and before use of the travel service.

4. The hotel may make its agreement to any retroactive reduction in the number of rooms booked, services provided by the hotel or length of the customer's stay conditional upon an increase in price for the room and/or for other services.

5. Invoices of the hotel without a due date are payable without deduction within 14 calendar days from receipt of the invoice; for invoices received before the end of the travel service, however, this only applies if clause V.6 has been observed. The hotel is entitled to call in accrued claims at any time and to demand immediate payment. In case of default on payment, the hotel is entitled to levy the current legally applicable rate of interest of 9%, or in case of legal transactions in which a consumer is involved, of 5% above the base rate of interest.  In addition, the hotel can claim a fee of € 5 per reminder letter in case of default. The hotel reserves the right to prove and assert higher damages.

6. The hotel is entitled to demand an appropriate advance payment or security upon conclusion of the contract or thereafter, provided that the customer has been proven to have effective insolvency protection in accordance with § 651t BGB. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

7. In justified cases, e.g. if the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an increase in the agreed advance payment or provision of security up to the full agreed remuneration even after conclusion of the contract.

8. The customer may only offset a counterclaim which is undisputed or legally recognised against a claim on the part of the hotel. The same applies to the assertion of a right of retention.

IV. Customer withdrawal, cancellation, no show

1. If a cut-off date for withdrawal from the contract at no cost is agreed between the hotel and customer in writing, the customer can then cancel the contract until that date without incurring charges and at no risk of compensation claims by the hotel. The customer's right of withdrawal expires if the customer does not exert his right of withdrawal with regard to the hotel by the agreed date.

2. If, at the time of booking, the customer has chosen a fare without the right of withdrawal (i.e. without the possibility of modification or cancellation) and has accepted that the full price of the stay (e.g. from the credit card) will be demanded, no withdrawal is possible and this amount will not be refunded, unless the conditions for a legally regulated, mandatory right of withdrawal exist.

3. If the conditions for a right of withdrawal according to § 651h BGB are met, the following provisions apply:

4. If the customer withdraws from the contract, the hotel loses the claim to the travel price. The hotel may demand an appropriate reduction in the amount of the following flat-rate compensation fees or the hotel may charge the specific compensation:
Compensation lump sums:
a. Cancellation from 14 to 8 days beforehand, 50% of the total price of the trip on the day before the start of the trip
b. Withdrawal from 7 to 1 day(s) beforehand, 75% of the total price
c. Cancellation from the beginning of the trip/trip not taken; 90% of the total travel price

The lump sums for compensation mentioned under 4. a.-c. were calculated as follows:
a. The period between the cancellation and the start of the trip
b. Expected saving of expenses of the hotel
c. Expected acquisition through other use of travel services

The customer is free to prove that the above-mentioned damage did not occur or did not occur in the asserted amount. If the hotel specifically calculates the compensation, the amount of the compensation shall not exceed the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.

5. The above regulations on compensation apply accordingly if the guest does not make use of the booked room or the booked services without informing us in time (No Show).

6. For the assertion of the compensation lump sums mentioned under 4. a. to c. of these General Terms and Conditions, the receipt by the hotel of the customer's declaration of cancellation applies.

V. Withdrawal by the hotel

1. If the customer has agreed to a free right of withdrawal in text form within a certain period of time, the hotel is entitled to withdraw from the contract free of charge during this period if requests from other customers for the contractually booked rooms are received and the customer does not waive his right of withdrawal upon the hotel's request.

2. If an agreed advance payment or an advance payment requested in accordance with clause 3 paragraph 6 or 7 is not made even after a reasonable period of grace set by the hotel has elapsed, the hotel shall also be entitled to withdraw from the contract.

3. Moreover, the hotel is entitled to cancel the contract extraordinarily for a properly justified reason, particularly if
i. force majeure or other circumstances not of the hotel's causing make fulfilment of the contract impossible;
ii. rooms can be booked with misleading or false statements of material facts (e.g. in the person of the customer or for the purpose);
iii. the hotel has reasonable grounds to assume that the use of the rooms or other services may endanger the smooth business operations, the security or the public image of the hotel, without this being attributable to the hotel's sphere of control or organisation;
iv. there is a violation of paragraph 1 (2),
v. in all cases regulated by law.

4. If the hotel justifiably cancels the contract, no claim for compensation may be made by the customer..

VI. Room availability, handover and return

1. The customer does not acquire any claim to the provision of certain rooms.

2. Reserved rooms are available to the customer from 3 pm on the agreed day of arrival. Booked country houses/apartments are available to the customer at the earliest from 5 p.m. of the agreed day of arrival. The customer is not entitled to earlier provision of the room.

3. On the agreed departure date, hotel rooms are to be vacated by noon. The country houses/apartments must be made available to the hotel no later than 10.00 a.m. on the agreed day of departure. Thereafter, in the event of delayed evacuation of the room / country house or apartment for its use in excess of the contract, the hotel may charge 50% of the currently valid daily accommodation rate until 6 p.m., then 100% from 6 p.m. onwards. This will not justify contractual claims by the customer. The customer is at liberty to prove that the hotel is entitled to no additional charge or a lower charge for the use of the room. In addition, the hotel reserves the right to prove and assert higher damages.

VII. Liability of the hotel; charge

1. The hotel is liable with the diligence of a prudent business for its obligations under the contract. The hotel limits its liability for such damages to three times the travel price, which are no physical injury and not culpably caused. If international agreements or statutory provisions based on such agreements apply to the service, according to which a claim for damages against the service provider arises or can only be asserted under certain conditions or restrictions or is excluded under certain conditions, the hotel may also invoke this against the customer.

2. As far as clause VII.1does not apply, the following applies: The hotel is basically liable for all legal and contractual claims only in the case of wilful or grossly negligent conduct. Exceptionally, the hotel is liable for slight negligence in the event of damage based on the violation of essential contractual obligations or due to injury to life, body or health. In the case of damages based on the violation of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. The hotel shall not be liable for consequential or indirect damages. Exclusions and limitations of liability apply in the same way to a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavour to provide a remedy once it becomes aware of these or if the customer immediately complains to the hotel. The customer is obliged to contribute what is reasonable to him in order to remedy the disturbance and to keep a possible damage low, as well as to inform the hotel immediately of all disturbances and/or damages.

3. The hotel shall be liable to the customer for items brought in in in accordance with the statutory provisions of §§ 701 ff. BGB up to the amount of € 3,500 at the most.

4. For money, securities and valuables, the amount of € 800 replaces € 3,500. Storage in a hotel or room safe is always recommended. The above paragraph 1 sentences 2 to 5 shall apply to any further liability of the hotel.

5. If the customer is provided with a parking space in the hotel garage or car park, even if a fee is charged, this does not constitute a contract of safe custody. The hotel is not liable for any loss or damage to vehicles parked on hotel property or their contents, except in cases of wilful misconduct or gross negligence. This also applies to vicarious agents of the hotel. The above paragraph 1 sentences 2 to 5 shall apply accordingly.

6. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and goods for customers are also handled with the utmost care. The hotel takes over the delivery and storage (in each case in the hotel) as well as - if desired - against payment the forwarding of the same. The above paragraph 1 sentences 2 to 5 shall apply accordingly.

7. Sports and swimming pool facilities in the hotel are used by the customer at his own risk.

VIII. Final provisions

1. Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation must be made in text form. Unilateral changes or additions by the customer are invalid.

2. The place of fulfilment and payment is the registered location of the hotel.

3. The exclusive place of jurisdiction for commercial transactions is Cologne. If a Contracting Party fulfils the requirement of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction is that of the registered location of the hotel.

4. German law shall apply exclusively.

5. Should any of the individual provisions of these terms and conditions be invalid or void or become so, this will not affect the validity of the remaining provisions. The relevant statutory provisions shall apply in other respects.


Updated: July 2018

Download (PDF):

General Terms and Conditions for Package Tours
at Sporthotel & Resort Grafenwald - Daun / Vulkaneifel

 

General Terms and Conditions

for Events at Sporthotel & Resort Grafenwald - Daun / Vulkaneifel

I. Scope

1. These Terms and Conditions apply to all contracts concluded between the hotelier and the customer for the provision of conference, banquet and event rooms at the Sporthotel & Resort Grafenwald for the organisation of events such as banquets, seminars, conferences etc. as well as for all other related services and deliveries (hereinafter uniformly referred to as "services").

2. Subletting or subletting of the rooms and areas provided shall require the hotelier's prior consent in text form, whereby § 540 (1) sentence 2 BGB (German Civil Code) shall be waived. Furthermore, the execution of job interviews, political or party-related events as well as sales or similar events require the prior written consent of the hotelier.

3. The Terms and Conditions of the customer will only be applicable if this has previously been expressly agreed in text form.

4. Customers in the sense of these Terms and Conditions are both consumers and entrepreneurs in the sense of §§ 13, 14 BGB. The hotelier is Ferienpark Daun GmbH & Co.KG Vulkaneifel (hereinafter also referred to as the "hotel").

II. Conclusion of contract, statute of limitations

1. The contract comes into effect upon acceptance of the customer's booking request by the hotel. If the hotel makes a binding offer to the customer, the contract is concluded by acceptance of this offer by the customer. In both cases, the hotel is free to confirm the contractual agreement in text form.

2. If the customer is not the guest himself, the customer is nevertheless jointly and severally liable for all claims of the hotel against the guest, even if the guest has used or commissioned services without knowledge of the customer or has violated contractually agreed regulations. If a commercial agent or organiser is engaged by the customer, the above shall apply accordingly to claims of the hotel against the agent or organiser.

3. All claims of the customer or the third party against the hotel shall become statute-barred after one year, unless the statutory period of limitation is shorter.

4. Claims for damages against the hotel are subject to a limitation period of 5 years at the latest, irrespective of knowledge. This reduction in the time of the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty on the part of the hotel as well as to bodily injury and damage to health attributable to the hotel or to loss of life attributable to the hotel.

III. Services, prices, payments, offsetting

1. The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

2. The customer is obliged to pay the agreed price of the hotel or the hotel's usual price for the provision of rooms and for all other services used. This also applies to services provided by the hotel to third parties.

3. The agreed prices include any applicable value added tax. If the period between conclusion of the contract and the event exceeds 4 months and if the price generally charged by the hotel for such services changes, the contractually agreed price will be adjusted, but by a maximum of 5%.

4. Hotel invoices without a due date are payable within 10 days of receipt of the invoice, without deduction. The hotel is entitled to call in accrued claims at any time and to demand immediate payment. In case of default on payment, the hotel is entitled to levy the current legally applicable rate of interest of 8%, or in case of legal transactions in which a consumer is involved, of 5% above the base rate of interest. In addition, the hotel can claim a fee of € 5 per reminder letter in case of default. The hotel reserves the right to prove and assert higher damages.

5. The hotel is entitled to demand an appropriate advance payment at any time. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

6. The customer may only offset a counterclaim which is undisputed or legally recognised against a claim on the part of the hotel. The same applies to the assertion of a right of retention.

IV. Customer withdrawal, cancellation

1. If an appointment for free withdrawal from the contract in text form has been agreed between the hotel and the customer, the customer may withdraw from the contract free of charge up to this date without triggering claims for payment or damages on the part of the hotel. The customer's right of withdrawal expires if the customer does not exert his right of withdrawal with regard to the hotel by the agreed date. Furthermore, the customer may only withdraw from the contract concluded with the hotel in the cases provided for by law.

2. If the customer wishes the hotel to cancel the contract and there is no case of paragraph 1, the customer thereby agrees at the same time to pay the hotel - if it complies with the cancellation request - a lump-sum compensation. Cancellation is only valid with the agreement of the hotel in text form. The amount of the lump-sum compensation shall be at least the agreed room rent under the contract and the services already arranged by the hotel with third parties, possibly plus the amounts stated in paragraphs 3 to 6, even if the customer does not make use of contractual services.

3. If the customer only withdraws between the 8th and the 4th week before the event date, the hotel is entitled to charge 35% of the lost food turnover in addition to the agreed room rental; 70% of the lost food turnover in the event of any later cancellation.

4. Food turnover is calculated according to the formula: Menu price of the event x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu of the valid event offer will be used as a basis.

5. If a conference offer has been agreed per participant, the hotel is entitled, in the event of cancellation, to 60% between the 8th and 4th week before the conference date, in case of a later cancellation, 85% of the conference offer, to invoice x of the agreed number of participants.

6. The deduction of saved expenses is taken into account by the above paragraphs 3 to 5. The customer is free to prove that the above-mentioned damage did not occur or did not occur in the asserted amount.

V. Cancellation by the hotel

1. If the customer has agreed to a free right of withdrawal in text form within a certain period of time, the hotel is entitled to withdraw from the contract free of charge during this period if requests from other customers for the contractually booked rooms are received and the customer does not waive his right of withdrawal upon the hotel's request.

2. If an agreed advance payment or an advance payment requested in accordance with clause 3 paragraph 6 or 7 is not made even after a reasonable period of grace set by the hotel has elapsed, the hotel shall also be entitled to withdraw from the contract.

3. Moreover, the hotel is entitled to cancel the contract extraordinarily for a properly justified reason, particularly
i. if force majeure or other circumstances not of the hotel's causing make fulfilment of the contract impossible;
ii. rooms can be booked with misleading or false statements of material facts (e.g. in the person of the customer or for the purpose);
iii. or the hotel has reason to believe that the event will endanger the smooth running of business operations, security or the public image of the hotel, without this being attributable to the hotel’s sphere of control or organisation;
iv. there is an infringement of paragraph 1 (2) or paragraph 10 (2),
v. in all cases regulated by law.

4. If the hotel justifiably cancels the contract, no claim for compensation may be made by the customer.

VI. Changes in the number of participants and the duration of the event

1. Any change in the number of participants by more than 5% must be notified to the hotel at least 5 working days before the start of the event; this must be approved by the hotel in text form. The increased number of participants is decisive for the settlement.

2. A reduction of the number of participants by the customer by a maximum of 5% will be accepted by the hotel at the time of invoicing. In the event of deviations exceeding this, the originally agreed number of participants less 5% will be used as a basis. The customer has the right to reduce the agreed price by the expenses saved by him in detail due to the lower number of participants.

3. In the case of an upward change, the actual number of participants will be invoiced.

4. If the number of participants deviates by more than 10% (higher or lower), the hotel is unilaterally entitled to redefine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer in individual cases.

5. If the agreed starting or finishing times of the event are postponed and the hotel agrees to these deviations, the hotel may reasonably invoice its additional willingness to perform, unless the hotel is at fault in this respect.

VII. Bringing food and beverages

The customer may not bring food and beverages to events. Exceptions require a prior agreement in written form with the hotel. In such cases, an appropriate contribution to cover the overheads shall then be calculated. The customer is obligated to ensure that all participants of the event or -visitors, employees and other third parties in its field must comply with this prohibition.

VIII. Technical equipment and connections

1. Insofar as the hotel procures technical or other facilities / equipment for the customer from third parties at the customer's request, it shall act in the name of, on behalf of and for the account of the customer. The customer is liable for the careful handling and the proper return. He indemnifies the hotel comprehensively against all claims of third parties arising from the provision of these facilities/equipment.

2. The use of the customer's own electrical systems using the hotel's power grid requires the customer's prior written consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of these devices shall be borne by the customer, insofar as the hotel is not responsible for these. The hotel may record and charge the electricity costs incurred as a lump sum.

3. With the prior written consent of the hotels, the customer is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge an appropriate connection fee for this.

4. If suitable facilities/equipment of the hotel remain unused due to the connection of the customer's own systems, an appropriate cancellation fee may be charged in this respect.

5. Malfunctions in technical or other facilities provided by the hotel will be eliminated immediately if possible. Payments cannot be withheld or reduced if the hotel is not responsible for these disturbances.

IX. Loss or damage of items brought along

1. Exhibition or other (including personal) objects carried by the customer are located in the event rooms or in the hotel at the customer's own risk. The hotel accepts no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel. Material brought along, especially decorative material, must fully comply with fire protection requirements. The hotel is entitled to demand official proof in advance. If such proof is not provided in time, the hotel is entitled to remove material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed in advance with the hotel in each case in detail.

2. Any exhibition or other objects brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the goods at the customer's expense. If the objects remain in the event room in a manner contrary to the contract, the hotel may charge an appropriate compensation for use for the duration of the stay. The customer is free to prove that the above-mentioned damage did not occur or did not occur in the asserted amount. In addition, the hotel reserves the right to prove and assert higher damages.

X. Liability

1. The customer is liable for all damage to the building or the hotel caused by the event participants or - visitors, his employees, other third parties within his circle, or himself. If the customer is an entrepreneur, he is liable irrespective of proof of fault by the hotel; a consumer is only liable in the event of fault.

2. The hotel may at any time require the customer to provide adequate securities (e.g. insurance, deposits, guarantees, etc.).

3. The hotel is liable with the diligence of a prudent business for its obligations under the contract. The hotel is basically liable for all legal and contractual claims only for damages caused by its wilful or grossly negligent conduct. Exceptionally, the hotel is liable for slight negligence in the event of damage based on the violation of essential contractual obligations or damage resulting in injury to life, body or health. In the case of damages based on the violation of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. The hotel shall not be liable for consequential or indirect damages. Exclusions and limitations of liability apply in the same way to a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavour to provide a remedy once it becomes aware of these or if the customer immediately complains to the hotel. The customer is obliged to contribute what is reasonable to remedy the disturbance and to minimise damage, as well as to inform the hotel immediately of all disturbances and/or damage.

XI. Final provisions

1. Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation must be made in written form. Unilateral changes or additions by the customer are invalid.

2. The place of fulfilment and payment is the registered location of the hotel.

3. The exclusive place of jurisdiction for commercial transactions is Cologne. If a Contracting Party fulfils the requirement of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction is that of the registered location of the hotel.

4. German law shall apply exclusively.

5. Should any of these provisions of the General Terms and Conditions for Events be invalid or void for events, so the validity of the remaining provisions shall not be affected. The relevant statutory provisions shall apply in other respects.


Updated: July 2018

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General Terms and Conditions for Events
at Sporthotel & Resort Grafenwald - Daun / Vulkaneifel

Logo Sporthotel & Resort Grafenwald

Sporthotel & Resort Grafenwald
Im Grafenwald
54550 Daun 

phone: +49 (0)6592 713-0
fax: +49 (0)6592 713-444

info@sporthotel-grafenwald.de
www.sporthotel-grafenwald.de