Terms of Service

Hotel-Pension to the market 

Owner: Kerstin Wegener
Address: Kerstin Wegener - Bäckerstraße 12 - 04860 Torgau
Email: info (at) hotel-torgau.de

Telephone: (0 34 21) 71 13 79
Fax: (0 34 21) 71 25 28
VAT ID no .: DE141768540 





scope
1. These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer.
2. The subletting and re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
3. The customer's terms and conditions only apply if this has been agreed in advance.

Conclusion of contract, prices, payment, offsetting
1. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing.

2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable towards the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
3. The hotel is liable for its obligations under the contract. In the non-typical area, liability is limited to intent and gross negligence on the part of the hotel.
4. The limitation period for all claims of the customer is 6 months.
5. This limitation of liability and short limitation period apply in favor of the hotel even in the event of a breach of obligations in the initiation of a contract and a positive breach of contract.


Services, prices, payment, offsetting
1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
2. The customer is obliged to pay the hotel's applicable or agreed prices for the provision of rooms and the other services used. This also applies to the hotel's services and expenses to third parties arranged by the customer.
3. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, this can increase the contractually agreed price appropriately, but at most by 10%.
4. The hotel may also change the prices if the customer subsequently wishes to change the number of rooms booked, the service provided by the hotel or the length of stay of the guests and the hotel consents to this.
5. Hotel invoices without a due date are payable in full within 7 days of receipt of the invoice. The hotel is entitled to demand accrued claims at any time and to request immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 4% above the current discount rate of the Deutsche Bundesbank.
6. The hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer can only offset or reduce an undisputed or legally binding claim against a claim by the hotel.

Cancellation by the customer (cancellation)
1. A cancellation must always be made in writing (by email, fax or letter). The cancellation fees are graded as follows: Cancellations between the
14th and 8th days before arrival: 50%,
07 and 03 days before the day of arrival: 65%, within 48 hours before the reserved booking 80% of the total invoice amount will be charged.
In the event of non-cancellation and no-show, 100% of the total invoice amount will be charged.
The amount of the cancellation will be reduced by the amount achieved by the hotel subletting the reserved rooms.
The customer is free to prove that the hotel has not suffered any damage or that the damage incurred is lower than the requested flat rate.
In the event of an earlier departure (for whatever reason), the entire amount is due, unless a withdrawal from the contract has been agreed in writing between the "Hotel-Pension zum Markt" and the guest. This cancellation agreement must be made in writing when the contract is concluded. This agreement must be expressly confirmed in writing by the hotel; only then can the guest withdraw from the contract by the agreed date without having to pay the hotel any claims for payment or damages. The guest's right of withdrawal expires if the guest fails to notify the hotel in writing (by email, fax or letter) by the agreed date of withdrawal. Please note that the time of receipt of the cancellation at the hotel counts, not the dispatch. If the withdrawal is not made on time, the agreed price from the contract must be paid even if the guest does not use the contractual service. If rooms are not used by the guest, the hotel must credit the income from renting the rooms to other parties as well as saved expenses. In case of late arrival and the non-use of the booked room in the meantime, the guest is obliged to assume the costs.
4. The hotel is free to lump-sum the damage it incurs and is to be replaced by the customer. The customer is then obliged to pay 80% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board arrangements. The customer is free to prove that no damage has occurred or that the damage to the hotel is lower than the required flat rate.

Cancellation of the hotel
1. If a withdrawal by the customer has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer has asked the hotel about his right to withdraw not waived.
2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel has expired with a threat of refusal, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for a materially justifiable cause, for example if: - Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
- the hotel has reasonable grounds to believe that the use of the hotel services may endanger the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the domain or organizational area of ​​the hotel.
- there is a violation of the scope of paragraph 2
4. The hotel must immediately inform the customer of the exercise of the right of withdrawal.
5. If the hotel withdraws justifiably, the customer is not entitled to compensation.

Provision, handover and return of rooms
1. The customer is not entitled to the provision of certain rooms.
2. Booked rooms are available to the customer from 2:00 p.m. on the agreed arrival date.
The customer has no right to earlier availability.
Rooms must be made available to the hotel no later than 11:00 a.m. on the agreed departure date. Thereafter, the hotel can invoice 50% of the full accommodation price (list price) for the additional use of the room for the additional use of the room until 6:00 p.m., from 6:00 p.m. 100%. The customer is free to prove to the hotel that the hotel has suffered no or significantly less damage.

Liability of the hotel
1. The hotel is liable for the care of a prudent businessman. This liability is in the area not typical for services, but limited to performance defects, damage, consequential damage or malfunctions that are attributable to intent or gross negligence on the part of the hotel. Should faults or defects occur in the services of the hotel, the hotel will endeavor to remedy the situation if the customer becomes aware of it or if the customer gives notice immediately. The customer is obliged to make a reasonable contribution to remedy the fault and to keep any damage to a minimum.
2. The hotel is liable to the customer for items brought in according to the statutory provisions.
The liability claims expire if the customer does not notify the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB).
3. The statutory provisions apply to the unlimited liability of the hotel.
4. If the customer is provided with a parking space in the hotel car park, also for a fee, this does not result in a custody contract. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. This also applies to vicarious agents of the hotel.
5. Wake-up calls are carried out by the hotel with the greatest care. Claims for damages, except for gross negligence or intent, are excluded.
6. Messages, mail and merchandise deliveries for guests are handled with the greatest care. The hotel takes care of the delivery, storage and - if requested - the forwarding of the same for a fee. Claims for damages, except for gross negligence or intent, are excluded.

Final provisions
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of fulfillment and payment is the seat of the hotel.
3. The exclusive place of jurisdiction - also for check and exchange disputes - is the seat of the hotel in commercial transactions. If a contractual partner fulfills the requirement of §38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the seat of the hotel.
4. German law applies.
5. Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, this does not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.



Hotel-Pension to the market


Hotel-Pension to the market - Inh. K. Wegener - Bäckerstraße 12 - 04860 Torgau - Tel. +493421-711379 - Fax: 712528