A Scope of application
(1) These terms and conditions apply to contracts with "GastroTeam-Albiez GmbH* for the rental of hotel rooms and other associated services and supplies.
2) The subletting or further letting of the rooms and services provided requires the prior written consent of "Gastro-Team-Albiez GmbH".
3. the customer's terms and conditions shall only apply if they have been expressly agreed in writing in advance.
B Contractual partners, conclusion of contract
1 The contracting parties are "Gastro-Team-Albiez GmbH* and the customer. If the latter has ordered on behalf of third parties, the customer shall be liable to "Gastro-Team-Albiez GmbH" together with the third party/parties as joint and several debtors for old obligations under the contract. 2.
The registration/order is a binding offer to conclude a contract with "Gastro-Team-Albiez GmbH". It is made by the orderer also for old participants listed in the registration. Upon receipt of the reservation confirmation, a binding contract is concluded for both contracting parties.
C Services, Prices, Payments
1) Gastro-Team-Albiez GmbH is obliged to provide the services ordered by the customer and promised in writing by Gastro-Team-Albiez GmbH. 2) The customer is obliged to provide the services ordered by the customer.
The customer is obliged to pay the price agreed for these services. This also applies to services and expenses of "GastroTeam-Albiez GmbH" to third parties arranged by the customer. 3.
The agreed prices include the respective statutory value added tax. The visitor's tax levied by the municipalities is regularly not included in the prices. 4.
4 The invoice of "Gastro-Team-Albiez GmbH* is due for payment four weeks before the date of arrival.
D Cancellation by the hotel
1. if payment is not made even after a reasonable period of grace set by "Gastro-Team-Albiez GmbH" has elapsed, "Gastro-Team-Albiez GmbH* shall be entitled to withdraw from the contract. 2.
Furthermore, "Gastro-Team-Albiez GmbH" is entitled to withdraw from the contract for objectively justified reasons, for example if - force majeure or other circumstances for which "Gastro-Team-Albiez GmbH" is not responsible make it impossible to fulfil the contract; - services are rendered with misleading or false information about material facts, e.g. the person of the customer or the purpose; - "Gastro-Team-Albiez GmbH* has reasonable grounds to believe that the persons to be admitted may jeopardise the smooth running of the business, the safety or the reputation of "Gastro-Team-Albiez GmbH" in public without this being attributable to the sphere of control or organisation of "Gastro-Team-Albiez GmbH"; - there is a breach of clause A number 2.
Gastro-Team-Albiez GmbH" must inform the customer immediately of the exercise of the right of withdrawal. 4.
4 In the event of a justified withdrawal by "Gastro-Team-Albiez GmbH", the customer is not entitled to compensation.
E Withdrawal of the customer (cancellation)
1. in the event of cancellation by the customer, the hotel shall be entitled to charge the customer for the agreed service.
2. cancellations of the non-cancellable rate are not free of charge. Accordingly, "Gastro-Team-Albiez GmbH" is entitled to charge a flat rate for the damage it has incurred and to invoice 90% of the agreed services.
Cancellations of the flexible rate are possible free of charge up to 7 days before arrival. Thereafter, "Gastro-Team-Albiez GmbH" is entitled to charge a flat rate for the damage it has incurred and to charge 50% of the agreed services in the event of cancellation between the 6th and 4th day before the date of arrival, and 80% thereafter.
4. For bookings over public holidays (incl. 1 August) from 01.10.2021 as well as in the following holiday periods: 22.12.-09.01.2022; 24.02.-05.03.2022 & 22.12.-08.01.2023, cancellation is possible free of charge up to 28 days before arrival. Thereafter, "Gastro-Team-Albiez GmbH" is entitled to charge a flat rate for the damage incurred and to invoice 50% of the agreed services in the event of cancellation between the 27th and 4th day before the date of arrival, and 80% thereafter.
5. group regulations / conference reservations from 4 rooms: cancellation is possible free of charge up to 28 days before arrival. Gastro-Team-Albiez GmbH" shall thereafter be entitled to charge a flat rate for the damage incurred and to invoice the agreed services at 50% in the event of cancellation between the 27th and 4th day prior to the date of arrival, and 80% thereafter.
The customer is free to prove that no damage has been incurred or that the damage incurred is lower than the flat rate demanded. 7. This calculation also applies in the event of changes to the number of rooms or persons, the time of arrival or departure.
F Liability of "Gastro-Team-Albiez GmbH*
1. The strict liability of "Gastro-Team-Albiez GmbH" according to § 536a BGB for defects existing at the time of conclusion of the contract is excluded. It shall only be liable for intent and gross negligence. It shall only be liable for slight negligence in the event of a breach of essential or typical contractual obligations (cardinal obligations, i.e. from a breach of contractual obligations which enable the contract to be performed in accordance with the contract and on the fulfilment of which the guest relies). 2.
2. the exclusion of liability pursuant to clause l does not apply in the event of injury to life, limb, health, freedom or sexual self-determination caused by a negligent breach of duty on the part of "Gastro-Team-Albiez GmbH" or an intentional or negligent breach of duty on the part of a legal representative or vicarious agent.
3. the exclusion of liability under clause l. also does not apply if "Gastro-Team-Albiez GmbH" has guaranteed a particular characteristic of its services or fraudulently concealed a defect.
4. the exclusion of liability pursuant to clause l. also does not apply in the event of damage for which "Gastro-Team-Albiez GmbH" has insurance, e.g. house and property owner liability.
5. the exclusion of liability according to clause l also does not apply to the liability of "Gastro-Team-Albiez GmbH" for damage to the guest as a result of the loss, destruction or damage of items brought in by the guest. For this type of damage the legal regulations of §§ 701 ff. BGB. Money and valuables can be stored in the hotel or room safes up to a maximum liability amount of € 800. GastroTeam-Albiez GmbH" recommends making use of this possibility. The liability claims expire if the guest does not notify "Gastro-Team-Albiez GmbH" or the contract hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). 6.
6. in all other respects the insurer or the guest is obliged to inform "GastroTeam-Albiez GmbH" in good time of the possibility of an unusually high level of damage occurring. Gastro-Team-Albiez GmbH" is not liable for items left behind. At the guest's request, these will be sent by post carriage forward (currently 12.00 euros). The risk of loss during storage and dispatch is borne solely by the guest.
G Arrival and departure times
1. the hotel will hold the ordered rooms ready for occupancy from 2.30 p.m. onwards.
2. on the day of departure, the guest is requested to vacate the rooms completely by 11:00 am.
H Conclusions in the name of and for the account of the customer
1. insofar as "Gastro-Team-Albiez GmbH" procures technical and other equipment or services from third parties for the customer at the latter's instigation, it shall act in the name of, on the authority of and for the account of the guest or the person placing the order. The Guest and the Customer shall indemnify "Gastro-Team-Albiez GmbH" against all claims of third parties arising from such procurements. I Possibility of cancellation insurance "Gastro-Team-Albiez GmbH" recommends that the customer takes out travel cancellation insurance. ELVIA Reiseversicherungs-Gesellschaft AG will reimburse the cancellation costs under certain conditions in the event of a no-show, the additional costs in the event of a delayed start and in the event of a non-scheduled end to the booked travel stay. Cancellation insurance can be taken out via our homepage www.albiez-team.de. We will also be happy to send you a form on request.
J Final provisions
The place of performance and payment is the registered office of "Gastro-Team-Albiez GmbH". 2.
The exclusive place of jurisdiction for commercial disputes, including disputes over cheques and bills of exchange, shall be the registered office of "Gastro-Team-Albiez GmbH". 3.
German law shall apply. 4.
Should individual provisions of these General Terms and Conditions - Booking Regulations be invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.
Source: Rechtsanwalt Metzler - Lawyer for Competition Law, Trademark Law and Copyright Law