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 hire of hotel rooms by the day for the purpose of accommodation and to all other services and deliveries provided to the guest by TALEX Hotel- und Gastro GmbH, hereinafter referred to as the Hotel (hotel accommodation contract).
2. Subletting or re-letting of the rooms or function rooms provided, as well as using the rooms for purposes other than accommodation, require the prior written consent of the Hotel.
3. The customer’s terms and conditions shall only apply if they have been agreed in writing in advance.
II. Conclusion of contract, contracting parties, liability; limitation period
1. A contract is concluded when the Hotel accepts the customer’s booking request. The Hotel may confirm room bookings in writing.
2. The contracting 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 to the Hotel 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 after one year from the beginning of the knowledge-dependent regular limitation period pursuant to § 199 (1) BGB. Claims for damages become time-barred irrespective of knowledge after five years. The shortened limitation periods do not apply to claims based on intentional or grossly negligent breaches of duty by the Hotel.
4. These limitations of liability and shortened limitation periods shall also benefit the Hotel in cases of breaches during contract negotiation and positive breaches of contract.
III. Services, prices, payment, set-off
1. The Hotel is obliged to hold 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 the rooms and for any additional services used. This also applies to services and expenses incurred by the Hotel with third parties at the customer’s request.
3. The agreed prices include the statutory value added tax applicable at the time. If the VAT rate increases by the date of the provision of services, the agreed prices shall be adjusted accordingly. The Hotel is entitled to charge the increased VAT. If the period between conclusion of the contract and fulfilment of the contract exceeds four months and the price generally charged by the Hotel for such services increases, the Hotel may raise the contractually agreed price reasonably, but by no more than 10%.
4. Prices may also be changed by the Hotel if the customer subsequently requests changes in the number of booked rooms, the Hotel’s services or the length of stay and the Hotel agrees to these changes.
5. Hotel invoices without a due date must be paid within 10 days of receipt of the invoice without deduction. The Hotel is entitled to declare outstanding claims due at any time and to demand immediate payment. In the event of default, the Hotel is entitled to charge interest at the rate of currently 8% or, for transactions involving a consumer, 5% above the European Central Bank base rate. The customer may provide evidence of lower damage; the Hotel may provide evidence of higher damage. For each reminder after the onset of default the customer shall reimburse reminder costs of EUR 5.00. The customer shall bear any further costs incurred in connection with debt collection.
6. The Hotel is entitled, at the time of contract conclusion or subsequently, to request a reasonable advance payment or security, taking into account the legal provisions governing package travel. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
7. Furthermore, the Hotel is entitled, at the beginning of and during the stay, to demand from the customer a reasonable advance payment or security as referred to in clause 6 for existing and future claims arising from the hotel accommodation contract, insofar as such payment has not already been made in accordance with clause 6.
8. The customer may only set off or reduce a claim against the Hotel with undisputed or legally binding claims.
IV. Customer cancellation (cancellation, termination)
A cancellation of the contract concluded with the Hotel by the customer requires the Hotel’s written consent. If such consent is not given, the agreed price under the contract shall still be payable even if the customer does not use the contractual services (compensation for damages). This does not apply in cases of the Hotel’s delay in performance or an impossibility of performance for which the Hotel is responsible.
Reservations of up to 7 rooms/units may be changed or cancelled free of charge up to 24:00 five days before arrival. Reservations of more than 7 rooms/units may be changed or cancelled free of charge up to 30 days before arrival. Payments will not be refunded if the reservation is changed or cancelled within five days of arrival. Deviating arrangements may be agreed in writing.
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V. Hotel withdrawal
1. If a customer’s right of withdrawal within a certain period has been agreed in writing, the Hotel is likewise entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon the Hotel’s request. The same applies to the granting of an option.
2. If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the Hotel with a warning that the booking will be refused, the Hotel is likewise entitled to withdraw from the contract.
3. Furthermore, the Hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances for which the Hotel is not responsible make fulfilment of the contract impossible; if Hotel services are booked under misleading or false statements of material facts, e.g. concerning the person of the customer or the purpose; if the Hotel has reasonable grounds to believe that the use of the Hotel’s services may endanger the smooth running of business operations, the safety or the reputation of the Hotel in public, without this being attributable to the Hotel’s area of control or organisation; or if there is a breach of section I paragraph 2 above.
4. The Hotel shall inform the customer immediately of the exercise of the right of withdrawal.
5. The Hotel may prohibit or terminate unapproved job interviews, sales and similar events.
6. In the event of a justified withdrawal by the Hotel or the prohibition of an unapproved event pursuant to clause 5 above, the customer shall not be entitled to compensation for damages.
VI. Provision, handover and return of rooms
1. The customer does not acquire any entitlement to the provision of specific rooms.
2. Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no claim to earlier provision. Unless a later arrival time has been expressly agreed or the room has been prepaid, the Hotel has the right to reassign booked rooms after 18:00 without the customer being able to derive any claim against the Hotel from this. Claims under clause IV remain unaffected by this provision. 3. On the agreed day of departure the rooms must be vacated and made available to the Hotel no later than 10:00. Thereafter, in addition to any damage thereby caused, the Hotel may charge 50% of the full accommodation price (list price) for additional use of the room until 18:00, and 100% from 18:00. No contractual claims of the customer are created thereby. The customer is free to prove that no or substantially lower damage has been incurred by the Hotel.
VII. Hotel liability
1. The Hotel is liable with the care of a prudent businessman for its obligations under the hotel accommodation contract. Claims by the customer for damages are excluded. Exceptions to this are damages resulting from injury to life, body or health if the Hotel is responsible for the breach of duty, further damages based on intentional or grossly negligent breaches of duty by the Hotel, and damages resulting from intentional or grossly negligent breaches of the Hotel’s contractual duties. A breach of duty by the Hotel’s representative or vicarious agent is deemed to be a breach by the Hotel. If disturbances or defects in the Hotel’s services occur, the Hotel shall endeavour to remedy them where it has knowledge of them or if the customer notifies the Hotel without delay. The customer is obliged to do what is reasonable to help remedy the disturbance and to keep any possible damage to a minimum.
2. For items brought in, the Hotel’s liability towards the customer is governed by statutory provisions, i.e. up to one hundred times the room price, but a maximum of Euro 3.500,–, and for money, securities and valuables up to Euro 800,–. Money, securities and valuables may be kept in the hotel safe up to a maximum corresponding to the Hotel’s insured amount. The Hotel recommends using this option. Claims to damages expire if the customer does not notify the Hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). Liability arises only if the rooms in which the items were left were locked.
3. If a parking space on the Hotel’s car park is made available to the customer, even for a fee, this shall not constitute a contract of safekeeping. In the event of loss or damage to vehicles parked or manoeuvred on the Hotel’s premises and their contents, the Hotel shall not be liable except in cases of intent or gross negligence. This also applies to the Hotel’s vicarious agents.
4. Wake-up calls are carried out by the Hotel with the greatest care. No liability is assumed. Messages, mail and goods consignments are handled with care. The Hotel undertakes to deliver and store them and – on request – to forward them for a fee. The sentences 2 to 4 of clause 1 above apply accordingly.
5. Left-behind items will only be forwarded at the customer’s request, risk and expense. The Hotel will keep items for three months, after which they will be handed over to the local lost property office if they have a recognisable value. If no recognisable value exists, the Hotel reserves the right to destroy the items after the expiry of the period.
VIII. Final provisions
1. Amendments or additions to the contract, to acceptance of the offer or to these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are ineffective.
2. Place of performance and payment is the Hotel’s registered office.
3. The exclusive place of jurisdiction – also for cheque and bill of exchange disputes – in commercial transactions is the registered office of the company Reichelsheim. If a contracting party meets the requirements of § 38 (1) ZPO and has no general place of jurisdiction in the Federal Republic of Germany, Darmstadt shall be the place of jurisdiction.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and of conflict of law rules is excluded.
5. Should individual provisions of these General Terms and Conditions for hotel accommodation be invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.
TALEX Hotel und Gastro GmbH
Eberbach 3a
64385 Reichelsheim
Authorized managing director: Marcus Wanke
Telephone: 06164 - 4969
E-mail: [email protected]
Registry court: Darmstadt
Registration number: HRB 103933
VAT identification number pursuant to § 27a UStG: DE355472302
Copyright:
For the content offered under the domains www.wirtshaus-alexander.de and www.landhotel-lortz.de that is protected by copyright, the applicable worldwide copyright and trademark agreements shall apply. All rights reserved.
Legal notices
The operator regularly reviews its websites for accuracy and currency. However, as they are intended for information purposes only, short-term changes may occur at any time. The operator therefore expressly disclaims any liability or warranty for the accuracy, completeness and currency of the content of these websites. Regardless, all rights to the websites, even in part, are held solely by the operator. If you place a link to the operator’s pages from your website, you must ensure that the information we provide remains unchanged in the presentation provided by us. It must also be clear where this information originates. The links provided on our websites are carefully checked and compiled by us. Since the operator has no influence on the current or future design and content of other websites, the operator expressly does not adopt the design and content of websites linked from its site as its own. If you find grounds for complaint or encounter problems with a link we provide, please notify us via our e-mail. The provider of the affected website is solely responsible for any damages arising in connection with the websites we link to.
If you send us confidential information by e-mail or via the contact form, you should be aware that this only offers limited confidentiality, similar to a postcard. By using this form of transmission you acknowledge this risk. Regardless, the operator endeavours to take all necessary measures to minimise this risk.
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1. Data Protection at a Glance General Information The following notes provide a simple overview of what happens to your personal data when you visit our website. Personal data is any data that can be used to identify you personally. Detailed information on data protection can be found in our privacy policy listed below this text. Data Collection on Our Website Who is responsible for data collection on this website? The data processing on this website is carried out by the website operator. You can find their contact details in the imprint of this website. How do we collect your data? Your data is collected in part by you providing it to us. This may include data that you enter into a contact form, for example. Other data is collected automatically when you visit the website through our IT systems. This mainly includes technical data (e.g., internet browser, operating system, or time of page access). The collection of this data occurs automatically as soon as you enter our website. What do we use your data for? Some of the data is collected to ensure the proper functioning of the website. Other data may be used to analyse your user behaviour. What rights do you have regarding your data? You have the right to request information about the origin, recipients, and purpose of your stored personal data at any time free of charge. You also have the right to request the correction, blocking, or deletion of this data. You can contact us at any time at the address provided in the imprint for further questions regarding data protection. Furthermore, you have the right to lodge a complaint with the competent supervisory authority. Analysis Tools and Third-Party Tools When you visit our website, your surfing behaviour may be statistically evaluated. This is mainly done with cookies and so-called analysis programs. The analysis of your surfing behaviour is usually done anonymously; the surfing behaviour cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy. You can object to this analysis. We will inform you about the options for objection in this privacy policy.
2. General Information and Mandatory Information Data Protection The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations and this privacy policy. When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and how we use it. It also explains how and for what purpose this is done. We point out that data transmission over the internet (e.g., when communicating via email) may have security gaps. A complete protection of the data from access by third parties is not possible. Note on the responsible party The responsible party for data processing on this website is: Landhotel Lortz Eberbach 3A 64385 Reichelsheim (Odenwald) Phone: 06164 - 4969 Email: [email protected] The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g., names, email addresses, etc.). Revocation of Your Consent to Data Processing Many data processing operations are only possible with your explicit consent. You can revoke your consent at any time. A simple notification by email to us is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation. Right to lodge a complaint with the competent supervisory authority In the event of data protection violations, the affected person has the right to lodge a complaint with the competent supervisory authority. The competent supervisory authority in data protection matters is the state data protection officer of the federal state in which our company is based. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html. Right to data portability You have the right to have data that we process automatically based on your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another responsible party, this will only be done to the extent that it is technically feasible. SSL or TLS encryption This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. When SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties. Information, Blocking, Deletion You have the right to request information about your stored personal data, its origin and recipients, and the purpose of the data processing at any time free of charge, as well as the right to request correction, blocking, or deletion of this data in accordance with the applicable legal provisions. You can contact us at any time at the address provided in the imprint for further questions regarding personal data. Objection to Advertising Emails The use of contact data published in the context of the imprint obligation for the purpose of sending unsolicited advertising and information materials is hereby objected to. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example, through spam emails.
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