General Terms and Conditions (GTC), TALEX Hotel- und Gastro GmbH, Hotel Accommodation Contract

I. Scope of Application

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 to the customer by TALEX Hotel- und Gastro GmbH, hereinafter referred to as the Hotel (Hotel Accommodation Contract).

2. The subletting or re-letting of the provided rooms or event spaces, as well as the use of rooms for purposes other than accommodation, require the prior written consent of the Hotel.

3. The customer’s general terms and conditions shall only apply if expressly agreed in writing beforehand.

II. Contract Conclusion, Parties, Liability; Limitation Period

1. The contract is concluded upon acceptance of the customer’s booking request by the Hotel. The Hotel may confirm the room booking in writing.

2. The contractual parties are the Hotel and the customer. If a third party makes a booking on behalf of the customer, that third party shall be jointly and severally liable with the customer for all obligations arising from the Hotel Accommodation Contract, provided the Hotel has received a corresponding declaration from the third party.

3. All claims against the Hotel shall generally become time-barred one year after the commencement of the regular statutory limitation period dependent on knowledge, pursuant to Section 199 (1) of the German Civil Code (BGB). Claims for damages shall become time-barred after five years, regardless of knowledge. These shortened limitation periods do not apply to claims based on intentional or grossly negligent breaches of duty by the Hotel.

4. These liability limitations and shortened limitation periods also apply in favor of the Hotel in cases of breaches of obligations during contract negotiations and positive breach of contract.

III. Services, Prices, Payment, Set-Off

1. The Hotel is obligated to keep available the rooms booked by the customer and to provide the agreed services.

2. The customer is obligated to pay the Hotel’s applicable or agreed prices for room rental and any additional services used. This also applies to services arranged by the customer and expenses incurred by the Hotel to third parties.

3. The agreed prices include the applicable statutory VAT. If the VAT rate increases on the date of service provision, the agreed prices shall be adjusted accordingly. The Hotel is entitled to charge the increased VAT. If more than four months pass between contract conclusion and contract performance, and the Hotel’s general prices for such services increase, the Hotel may raise the agreed price reasonably, but by no more than 10%.

4. Prices may also be changed if the customer subsequently requests changes in the number of booked rooms, Hotel services, or the length of stay, and the Hotel agrees.

5. Hotel invoices without a due date must be paid within 10 days of receipt without deduction. The Hotel is entitled to declare accrued claims immediately due and demand prompt payment. In the event of late payment, the Hotel may charge interest at 8%, or 5% above the European Central Bank base rate for transactions involving consumers. The customer may prove a lower loss; the Hotel may prove a higher loss. For each payment reminder after default, the customer must reimburse reminder fees of EUR 5.00. All additional collection costs shall be borne by the customer.

6. The Hotel may require an appropriate advance payment or security deposit at contract conclusion or thereafter, in accordance with applicable package travel laws. The amount and payment deadlines may be agreed in writing.

7. The Hotel may also require an appropriate advance payment or security deposit at the start of and during the stay for existing and future claims arising from the Hotel Accommodation Contract, if such security has not already been provided.

8. The customer may only offset or reduce a claim of the Hotel if the counterclaim is undisputed or legally established.

IV. Customer Cancellation (Withdrawal, Cancellation Policy)

Any withdrawal by the customer from the contract requires the written consent of the Hotel. If such consent is not granted, the agreed contract price remains payable even if the customer does not use the services (as damages). This does not apply in cases of delay in performance by the Hotel or impossibility of performance attributable to the Hotel.

Reservations may be changed or cancelled free of charge until 24:00 (midnight) five days before arrival. Payments will not be refunded if the reservation is changed or cancelled within five days of arrival.

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V. Hotel Cancellation

1. If the customer has been granted a contractual right of withdrawal within a specified period, the Hotel is also entitled to withdraw from the contract within that period if other customers request the booked rooms and the customer does not waive their right of withdrawal upon inquiry. This applies accordingly in the case of an option booking.

2. If an agreed advance payment is not made even after a reasonable grace period set by the Hotel, the Hotel is entitled to withdraw from the contract.

3. The Hotel may further withdraw from the contract for objectively justified reasons, such as:

   • force majeure or other circumstances beyond the Hotel’s control that make contract fulfillment impossible,

   • bookings made using misleading or false essential information, e.g., about the customer’s identity or purpose,

   • justified concern that use of Hotel services could endanger Hotel operations, security, or reputation,

   • a violation of Section I, Paragraph 2 above.

4. The Hotel shall inform the customer immediately upon exercising its right of withdrawal.

5. Unauthorized job interviews, sales events, or similar events may be prohibited or terminated by the Hotel.

6. In cases of justified Hotel withdrawal or cancellation of unauthorized events, the customer shall have no claim for damages.

VI. Room Availability, Handover, and Return

1. The customer does not acquire a right to specific rooms.

2. Booked rooms are available from 3:00 PM on the agreed arrival date. The customer is not entitled to earlier availability. Unless a later arrival time is expressly agreed or the room is prepaid, the Hotel may reassign booked rooms after 6:00 PM without liability. Claims under Section IV remain unaffected.

3. On the agreed departure date, rooms must be vacated by 10:00 AM. After this time, the Hotel may charge:

   • 50% of the full room rate for use until 6:00 PM

   • 100% of the full room rate after 6:00 PM
     The customer may prove that no or significantly lower damage occurred.

VII. Hotel Liability

1. The Hotel is liable for contractual obligations with the diligence of a prudent businessperson. Customer claims for damages are excluded, except for:

   • injury to life, body, or health,

   • damages caused by intentional or grossly negligent breach of duty,

   • damages caused by intentional or grossly negligent breach of typical contractual obligations.
     The Hotel shall remedy defects upon notification. The customer must take reasonable steps to minimize damage.

2. For items brought into the Hotel, liability is governed by statutory provisions, up to 100 times the room rate, max EUR 3,500, and for money, securities, and valuables up to EUR 800. Valuables may be stored in the Hotel safe up to the insured limit. Claims expire unless reported immediately after discovery (§ 703 BGB). Liability applies only if the room was locked.

3. Providing a parking space does not create a custody contract. The Hotel is not liable for theft or damage to vehicles or contents, except in cases of intent or gross negligence.

4. Wake-up calls are handled with care but without liability. Messages, mail, and shipments are handled carefully; forwarding may be provided at cost. Clause VII.1 applies accordingly.

5. Lost property is returned only upon request at the customer’s risk and expense. Items are stored for three months, after which valuable items are handed to local lost property authorities; valueless items may be destroyed.

VIII. Final Provisions

1. Amendments or additions to the contract or these terms must be in writing. Unilateral changes by the customer are invalid.

2. Place of performance and payment is the Hotel’s registered office.

3. Exclusive jurisdiction in commercial matters is Reichelsheim; if no domestic jurisdiction exists, venue shall be Darmstadt.

4. German law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules are excluded.

5. If any provision is invalid, the remainder remains effective. Statutory law applies otherwise.

Privacy Policy (Datenschutzerklärung)

RoomRaccoon respects the privacy of website visitors, particularly their rights regarding automated processing of personal data. We have implemented policies to ensure full transparency regarding the processing of personal data, its purpose, and the best possible exercise of legal rights.

For more information on personal data protection, visit the Dutch Data Protection Authority website:
https://autoriteitpersoonsgegevens.nl/nl

Unless you accept cookies and tracking technologies, we will not place non-anonymized analytics or tracking cookies on your device.

By continuing to use this website, you accept these terms and consent to cookies and tracking unless another consent method is provided.

The current version of this Privacy Policy is the only applicable version until replaced.

Article 1 – Definitions

• Website: RoomRaccoon booking engine for Hotel Landhaus Lortz (legal entity: TALEX Hotel- und Gastro GmbH).

• Data Controller: RoomRaccoon, Keizerstraat 15, 4811 HL Breda, Netherlands, Chamber of Commerce No. 67848540.

Article 2 – Responsibilities

• The Data Controller is not liable for website outages or disruptions. Users are responsible for their connection method and device security.

• The Data Controller is not liable for legal actions arising from:

  • use of the website or online services,

  • violation of this Privacy Policy.

• The Data Controller is not liable for damages resulting from website use.

• If involved in legal disputes due to misuse, the Data Controller may reclaim damages from the user.

Article 3 – Data Collection

• Personal data is collected by RoomRaccoon and external processors.

• Personal data means any information relating to an identifiable natural person.

• Data is used primarily to maintain a business relationship and process orders, stored electronically.

Article 4 – Your Rights Regarding Data

Under GDPR Article 13(2)(b), individuals have rights to:

• access,

• rectification,

• erasure,

• restriction of processing,

• objection,

• data portability.

Requests can be sent to: [email protected]

Requests must include a valid ID copy and contact address. Responses will be provided within one month, extendable to two months if needed.

Article 5 – Data Retention

Data is stored for the legally required duration.

Article 6 – Applicable Law

These terms are governed by Dutch law. Exclusive jurisdiction lies with the court of the Data Controller’s district, unless otherwise required by law.

This Privacy Policy has been in effect since Monday, October 11, 2021, until further notice.