These General Terms and Conditions apply to all business relations via www.hotel-weilerhof.de between Mrs. Astrid Lüpschen, Weilergasse 5, 41540 Dormagen (hereinafter referred to as Hotel Weilerhof) and her customers in the version valid at the time the contract is concluded. Conflicting general terms and conditions of the customer are hereby expressly rejected.
Agreement Contract language is German
a) Booking via the Internet Shop
a) The presentation of the services in Hotel Weilerhof's Internet shop is subject to confirmation and non-binding. When booking via the internet shop, the booking process consists of a total of four steps. In the first step, the customer selects the desired services. In the second step, the customer enters his data including the billing address. In the third step, the customer selects the payment method. In the fourth step, the customer has the opportunity to check all details (e.g. name, address, method of payment, booked services) once again and correct any input errors before confirming his booking by clicking on the "Book for a fee" button. With the booking the customer bindingly declares his contract offer. Hotel Weilerhof will immediately confirm receipt of the customer's booking. The confirmation of receipt does not constitute a binding acceptance of the booking. Hotel Weilerhof is entitled to accept the contractual offer contained in the booking within two days of receipt of the booking by e-mail, fax, telephone or post. Upon acceptance, a contract is concluded between Hotel Weilerhof and the customer.
b) Storage of the contract text
The text of the contract will be stored by Hotel Weilerhof and will be sent to the customer in text form (e.g. e-mail, fax or postal mail) together with the present General Terms and Conditions and customer information after dispatch of the order. However, the text of the contract can no longer be retrieved by the customer via the seller's website after sending his order. The customer can use the browser's print function to print out the relevant website with the contract text.
c) Booking by email or telephone
The services offered by Hotel Weilerhof can also be booked by e-mail or telephone. In such cases, Hotel Weilerhof will send the customer a written confirmation of reservation by e-mail, fax or post.
a) Room availability
Provision of rooms
Booked rooms will be made available to the customer from 14.00 hours. Early availability can be arranged. Unless otherwise agreed, the customer is not entitled to a specific room in the Hotel Weilerhof. On the day of departure, the rooms must be vacated by 11.00 a.m. at the latest and made available to the Hotel Weilerhof again.
b) Partial services
Hotel Weilerhof is entitled to partial services if this is reasonable for the customer.
c) Delays in Performance
Hotel Weilerhof is not responsible for delays in performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented even by the utmost care of Hotel Weilerhof (this includes in particular strikes, official or court orders and cases of incorrect or improper self-delivery in spite of cover transactions). They entitle Hotel Weilerhof to postpone the provision of services for the duration of the obstructive event.
Hotel Weilerhof may withdraw from the contract in the event of non-availability for the aforementioned reasons. Hotel Weilerhof undertakes to inform the customer immediately about the non-availability and to reimburse any payments already made without delay. In such a case, Hotel Weilerhof will always endeavour to support the customer in finding an equivalent alternative accommodation.
All prices are inclusive of VAT
b) Delay in payment
The customer is in default of payment if the payment is not received by Hotel Weilerhof within two weeks of receipt of the invoice. In the event of delayed payment, interest shall be charged at a rate of 5 percentage points above the base interest rate of the European Central Bank or 8 percentage points above the base interest rate of the European Central Bank for legal transactions in which a consumer is not involved. Should the customer fall into arrears with his payments, Hotel Weilerhof reserves the right to charge reminder fees of 5.00 EUR after 7 days, 10.00 EUR after 14 days and 15.00 EUR after 21 days. The assertion of further damages remains unaffected. The customer has the option of proving that Hotel Weilerhof has incurred no or less damage.
c) Right of retention
The customer shall only be entitled to assert a right of retention for counterclaims which are due and based on the same legal relationship as the customer's obligation.
The objects owned by Hotel Weilerhof or by third parties which are made available to the customer within the framework of the contract must be treated with care by the customer at all times. The smoking ban applicable in the hotel area of the Hotel Weilerhof must always be observed. In particular, Hotel Weilerhof reserves the right to assert a claim for damages in the event of a violation of the smoking ban which arises for Hotel Weilerhof because the room affected by smoking cannot be rented out again immediately afterwards due to the increased cleaning effort. The customer reserves the right to prove that the damage asserted for this reason did not occur or did not occur in the amount asserted.
The right of revocation does not apply to distance contracts for the provision of services in the areas of accommodation, transport, delivery of food and beverages and leisure activities, if the entrepreneur undertakes to provide the services at a specific time or within a specified period when the contract is concluded.
Cancellation of the services booked by the customer is possible, provided the booking period does not coincide with a trade fair period. During the trade fair periods, a cancellation of the booked rooms is therefore not possible.
The cancellation costs are based on the following provisions. In case of cancellation, the cancellation fees are based on the following staggered packages:
A cancellation of the services booked by the customer is possible if the booking period does not coincide with a trade fair period. Therefore, it is not possible to cancel the bindingly booked rooms during the trade fair period. Cancellation costs are governed by the following provisions. In the event of cancellation, the cancellation costs shall be based on the following staggered flat rates: 50 % of the agreed invoice amount 14 days before arrival 100 % of the agreed invoice amount for a cancellation at the time of less than one day prior to the agreed commencement of the accommodation period. The customer reserves the right to prove that Hotel Weilerhof has incurred no or lower costs.
a) Warranty claim
A warranty claim can only exist with regard to the contractually agreed services. Reasonable deviations from the service description do not fall under the warranty claim.
b) Compensation for defects
The Hotel Weilerhof shall only pay damages for defects in the service in the event of intent or gross negligence. This exclusion does not apply to liability for damages resulting from injury to life, body or health.
Hotel Weilerhof as well as its legal representatives and vicarious agents shall only be liable for intent or gross negligence subject to the following reservation. In the event of slight negligence, liability shall only apply to the breach of essential contractual obligations, i.e. obligations whose observance is of particular importance for achieving the purpose of the contract. The liability is limited to the foreseeable, contract-typical, direct average damage. Hotel Weilerhof shall only be liable to customers who are not consumers in the event of a grossly negligent breach of non-essential contractual obligations to the extent of the foreseeable, contract-typical, direct average damage.
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by the exclusion of liability.
a) Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be the registered office of Hotel Weilerhof in Dormagen, provided that the customer is a merchant, a legal entity under public law or a special fund under public law or provided that the customer has no place of jurisdiction in the Federal Republic of Germany.
b) Choice of law
Unless mandatory statutory provisions in accordance with the customer's home law contradict this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
c) Severability clause
The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.