TERMS & CONDITIONS
The following Terms & Conditions apply to contracts for the rental of rooms and apartments for accommodation, and all further services and deliveries provided for guests in connection with this by the Hotel Fregehaus, which is owned by Sabine Fuchshuber (hereinafter referred to as: Hotel Fregehaus).
2. CONTRACT CONCLUSION
1. a) The contract between the guest and Hotel Fregehaus shall take effect once the guest’s oral or written request is accepted by Hotel Fregehaus.
b) Hotel Fregehaus can confirm the acceptance to the guest in writing (confirmation of reservation by post, fax or email); it is, however, under no obligation to do so.
c) The conclusion of the contract shall oblige the contracting parties to fulfil the contract.
2. By sending the request, the guest accepts the Terms & Conditions (T&C) of Hotel Fregehaus. The Terms & Conditions are enclosed with any confirmation of reservation, are available for inspection at the Hotel Fregehaus and can be viewed at www.hotel-fregehaus.de.
3. ROOM USE, ROOM HANDOVER, DEPARTURE
1. Rooms are made available exclusively for accommodation purposes.
2. a) Hotel Fregehaus is not obliged to have a specific room available, unless the parties have expressly agreed this.
b) Should rooms ordered not be available, for whatever reasons, Hotel Fregehaus shall also be entitled to arrange an equivalent replacement outside the hotel, to the extent that this is reasonable.
3. Any subletting of the rooms and apartments provided as well as their use for purposes other than accommodation are subject to the prior express and written consent of Hotel Fregehaus.
4. Hotel Fregehaus has the right to access all rooms of the hotel in order to maintain the orderly occupancy and cleanliness of the rooms.
5. a) Reserved rooms and apartments shall be available to guests from 3 p.m. on the day of arrival and until 11 a.m. on the day of departure.
b) Unless a later arrival time has been expressly agreed or a security has been provided by the guest (e.g.: credit card number, prepayment, etc.), in order to minimise loss Hotel Fregehaus shall be entitled to allocate booked rooms and apartments to other parties after 7 p.m.
c) If the guest continues to use the room after the agreed deadline (11 a.m. on the day of departure), Hotel Fregehaus shall be entitled to charge the guest the following usage fee: Late check-out costs €25 before 1 p.m. and €50 before 3 p.m. For late check-outs after 3 p.m., the full room rate for the extra night will be charged. This shall not give rise to any contractual claims on the part of the guest. The guest shall be free to prove that Hotel Fregehaus has no or a lower claim to a usage fee. This shall not apply if the parties have made a deviating agreement in written form before exceeding the period of use.
4. SERVICES, PRICES, PAYMENT
1. a) The accommodation rates and the prices for other services of Hotel Fregehaus result from the contractual agreement and/or the current price list of Hotel Fregehaus. All prices are in euros and include VAT. They do not include local levies, e.g. visitor’s taxes.
b) Any costs for third-party services arranged by Hotel Fregehaus must be paid by the guest directly to the third party.
2. Hotel Fregehaus may update its price list at any time. The updated prices shall replace the previously valid prices and become part of this contract.
3. All invoices issued by Hotel Fregehaus are due for payment immediately upon receipt. Payment must be rendered by no later than the day of departure. In the event of default in payment, the statutory regulations shall apply.
5. WITHDRAWAL FROM THE CONTRACT (CANCELLATION)
1. The guest may withdraw from the contract (changes or cancellations) if a corresponding right of withdrawal has been contractually reserved, a statutory right of withdrawal exists or Hotel Fregehaus expressly agrees to a withdrawal from the contract.
2. The guest and Hotel Fregehaus may agree on a date until which the guest can withdraw from the contract free of charge.
3. a) If a date pursuant to Section 4.2. is not agreed or if it has passed, there is also no statutory right of withdrawal or termination, and if Hotel Fregehaus does not agree to cancel the contract, the guest shall be required to pay Hotel Fregehaus the contractually agreed price.
b) Rooms may be cancelled free of charge up to 14 days before arrival. Cancellations at short notice and no-shows will be subject to a charge of between 80% and 100% of the room rate. The guest shall be free to prove that Hotel Fregehaus has suffered no or substantially less damage.
4. Hotel Fregehaus shall be entitled to withdraw from the contract in the following cases:
- the guest fails to make an advance payment and/or provide security despite agreement and the setting of a deadline;
- force majeure or other obstacles which render the service owed by Hotel Fregehaus impossible;
- the guest culpably provides misleading or false information when booking or conceals essential information, e.g.: identity of the guest, type/purpose of use, solvency etc.;
- unlawful purpose or type of use;
- violation of Section 3.3.
If Hotel Fregehaus is entitled to withdraw from the contract, the guest shall not be entitled to any claims for damages.
6. LIABILITY CLAIMS, LIMITATION PERIOD
1. Guests shall not be entitled to any claims for damages. This shall not apply to damage to life, limb or health or to damage caused intentionally or through gross negligence by Hotel Fregehaus, its owner or parties it uses to perform its obligations, or to damage caused by the intentionally or grossly negligent violation of typical contractual obligations by Hotel Fregehaus, its owner or parties it uses to perform its obligations.
2. Hotel Fregehaus expressly excludes any liability for goods left behind, unless Hotel Fregehaus acts with intent or gross negligence. The same applies in the event of loss or damage to objects brought in by the guest and/or third parties.
3. For all claims for damages asserted against Hotel Fregehaus which are not based on intent or gross negligence or not excluded, the liability of Hotel Fregehaus shall be limited to three times the agreed price.
4. Claims for damages against Hotel Fregehaus shall become statute-barred one year after the start of the statutory limitation period, unless they are excluded or are based on intent or gross negligence on the part of Hotel Fregehaus, its owner or parties it uses to perform its obligations.
5. Hotel Fregehaus shall assume no guarantee or liability for external services.
6. The guest shall be liable for all damages caused by themselves or by third parties who have received the services of Hotel Fregehaus at their instigation. Faults with the technical facilities provided shall be rectified immediately wherever possible. It shall not be permitted to withhold or reduce payment obligations due to such faults.
7. Hotel Fregehaus is a non-smoking hotel. The use of fire and naked flames is strictly forbidden. The hotel’s fire alarm system is directly connected to the fire brigade. Any costs arising from the fire brigade being deployed due to reckless behaviour shall be charged to the person responsible (the guest).
7. DATA PROTECTION
Any personal data provided to Hotel Fregehaus will be electronically processed, stored and passed on within the scope of the purpose of the contract. Data will not be passed on for other purposes. Personal data is protected in accordance with the provisions of the Federal Data Protection Act.
8. CONTRACT LANGUAGE, PLACE OF JURISDICTION, MISCELLANEOUS
1. The contract language is German. German law shall apply. The place of performance is the Hotel Fregehaus premises.
2. The place of jurisdiction for merchants, for persons who do not have a general place of jurisdiction in Germany and for persons who have moved their domicile or place of habitual residence abroad after conclusion of the contract, whose place of habitual residence at the time when the action is filed is not known, and for pending actions as defendant, is the location of Hotel Fregehaus, Leipzig.
3. Hotel Fregehaus reserves the right to change the Terms & Conditions with future effect at any time, without any obligation to inform the guest of such changes.
4. a) Changes and/or additions to the contract and/or these T&C must be made in writing. Verbal agreements or ancillary agreements do not apply.
b) Should individual provisions of these Terms & Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The statutory provisions apply.