General terms and conditions

1 Scope of application

• 1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract, Hotel Room Contract.
• 1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
• 1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.

2 Conclusion of contract, contractual partners, limitation period

• 2.1 The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the room booking in text form.
• 2.2 All claims against the hotel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. Claims for damages are subject to a limitation period of five years, depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten years irrespective of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3 Services, prices, payment, offsetting

• 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 agreed or applicable prices for the provision of the room and the other services used by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
• 3.3 The agreed prices include value added tax. They do not include local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion and fulfillment of the contract exceeds four months.
• 3.4 The hotel may 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 the price for the rooms and/or for the hotel's other services being increased.
• 3.5 Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel may demand immediate payment of due 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 provide evidence of higher damages.
• 3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
• 3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
• 3.8 The hotel is further entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of Section 3.6 above for existing and future claims arising from the contract, insofar as such has not already been made in accordance with Section 3.6 and/or Section 3.7 above.
• 3.9 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.

4 Withdrawal by the customer (cancellation) / use of the hotel's services (no show)

• 4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a termination of the contract shall be made in text form.
• 4.2 If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
• 4.3 If a right of withdrawal has not been agreed or has already expired, if there is no statutory right of withdrawal or termination and if the hotel does not agree to cancel the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the booked value. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
• 4.4 Mandatory information in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council:
• Link to the homepage of the European Commission's entity for online dispute resolution for consumer disputes: ec.europa.eu/consumers/odr/ - further information is expected to be available there from 15.02.2016. For initial questions about a possible dispute resolution, please contact us at info@seehuus-hotel.de.

5 Cancellation by the hotel

• 5.1 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 does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline.
• 5.2 If an advance payment or security deposit agreed or demanded in accordance with No. 3.6 and/or No. 3.7 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.
• 5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
• - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
• - rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, solvency or the purpose of the stay;
• - the hotel has justified cause to believe that the use of the service may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
• - the purpose or reason for the stay is unlawful;
• - there is a violation of number 1.2 above.
• 5.4 The justified withdrawal of the hotel does not entitle the customer to claim damages.

6 Room provision, handover and return

• 6.1 The customer acquires no claim to the provision of specific rooms, unless this has been expressly agreed.
• 6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
• 6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the delayed vacating of the room until 6:00 p.m., and 100% from 6:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.

7 Liability of the hotel

• 7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this No. 7. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
• 7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
• 7.3 If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, the hotel shall only be liable in accordance with the above number 7.1, sentences 1 to 4.
• 7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - upon request - forward them for a fee. The hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.

8 Final provisions

• 8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or additions by the customer are invalid.
• 8.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes relating to checks and bills of exchange - shall be the registered office of the hotel under company law in commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
• 8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
• 8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

(as of December 2021)
Current COVID-19 information
Currently, a nationwide 2-G regulation and an FFP-2 mask requirement apply in Bavaria. Access to the hotel and all associated areas is only possible with a 2-G proof with an identity card. Exceptions are persons who cannot be vaccinated for medical reasons and who can present appropriate proof and a PCR test that is no more than 48 hours old.

Easier cancellation conditions Corona
If one of the following cases occurs, you can cancel free of charge before arrival:

• Travel ban, accommodation ban or lockdowns in your or our region
• major restrictions on the offer such as closure of the entire wellness area
• Illness with Covid or quarantine (free of charge up to 5 days before arrival after providing proof of illness or quarantine)

Mittelburg safety concept

• FFP2 masks are mandatory in all public areas
• Access to the hotel is possible within the scope of contact data collection and with reservation
• The cleaning intervals have been increased again
• You will find disinfectant for your hands at all entrances

The restaurant

• We will reserve an exclusive table for breakfast & dinner for your stay
• Within the meal times you can freely choose when you want to come to eat.
• Additional disinfectant dispensers are set up at the breakfast buffet.

Wellness area

• The opening hours of the wellness area and saunas have been extended
• All saunas run at a minimum temperature of 65° C for maximum safety
• There is a maximum number of people for all saunas, reservation is not necessary.
• There is also a maximum number of people in the pool

Massages

• FFP2 masks are mandatory for the masseur and the guest
• All relevant surfaces are disinfected after each treatment

Fitness studio

• The equipment is disinfected by us daily, in addition every user should disinfect the equipment again before using it.
• The fitness room can be ventilated quickly at any time thanks to the large windows