General Terms and Conditions
1. scope of application
The following terms and conditions (GTC) are integral parts of all contracts with Alpha Bad Langensalza Hotelbetriebs GmbH. They apply in particular to the hotel’s own services, such as the provision of hotel rooms, conference – banquet rooms and other premises of the hotel. These GTC refer to all types of contracts, e.g. hotel accommodation, package tour, contingent or event contracts, which are concluded with the hotel. The GTC shall also apply to all future transactions with the contractual partner. The GTC of the contracting party shall not apply, even if Alpha Bad Langensalza Hotelbetriebs GmbH does not expressly object to them. Counter-confirmations of the contractual partner with reference to his GTC are hereby contradicted.
2 Conclusion of Contract
The respective contract shall be concluded in principle upon oral or written application by the contracting party and acceptance by the hotel. The hotel is free to accept the application in writing, orally, in text form (e.g. e-mail, fax), or conclusively, by providing the service. The contracting party of the hotel is basically the hotel guest. If an event organizer acts as the ordering party or if the ordering party concludes a so-called contingent contract, the latter shall, in case of doubt, be the contracting party in addition to the hotel guest and shall be liable jointly and severally with the latter as well as for all damages culpably caused by the end user.The subletting or sub-subletting or the gratuitous use of the rooms provided by third parties as well as the use for purposes other than accommodation shall only be permitted if the hotel expressly allows this. The hotel may, at its discretion, grant a written exception in this regard upon request.
3. provision of services, prices, payments
The prices on which the booking is based are generally determined in accordance with the price list valid at the time the services are provided or the hotel’s current daily rate. All prices include the currently valid statutory sales tax. The prices do not include public charges, such as visitor’s tax, cultural promotion charges (so-called “bed tax”) or similar. The mentioned taxes have to be paid additionally by the contract partner. The respective amounts will be invoiced separately. If fixed prices are stated in the case of the written order confirmation of the hotel and if there are more than 6 months between the conclusion of the contract and the provision of services, the hotel is entitled to charge the prices valid at the time of the provision of services, provided that these do not exceed 5% of the agreed price. Subsequent changes to the services can lead to changes in the prices.The hotel is entitled, especially in the case of multiple reservations, to demand a reasonable advance payment or security deposit of up to 100% of the total payment obligation of the contract partner no later than 14 days before the booked date. If the payment is not received in time, the hotel is entitled to withdraw from the contract.The payment claim of the hotel is due immediately after receipt of the respective invoice without deduction. An invoice shall be deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless earlier receipt can be proven. In the event of default in payment, the statutory regulations shall apply.The preparation of a total invoice shall not release the customer from the obligation to pay the individual invoices in due time. A delay in payment of even one individual invoice entitles the hotel to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit in the amount of up to 100% of the outstanding payment.Invoices are generally to be paid immediately upon arrival – insofar as payment was not separately regulated with the reservation confirmation – in cash, by EC or credit card. The hotel is entitled to refuse foreign currency, checks and credit cards. Vouchers or vouchers will only be accepted if a credit agreement exists with the contracting party concerned or if corresponding advance payments have been made. If the contract partner uses a credit card for the payment of services with advance payment obligation (e.g. non-cancellable bookings or general orders with advance payment obligation) without presenting it objectively (e.g. via telephone, Internet or similar), the contract partner is not entitled in relation to the hotel to revoke this charge vis-à-vis his credit card institute.
4. cancellation of services, reduction of services
Reservations made by the contractual partner are binding for both contractual partners. For booked or rented rooms, the agreed fee is to be paid even if the booking is later cancelled by the customer. Any cancellation must be made in writing no later than 6 weeks before the booked date. In case of later cancellation, the hotel is entitled to charge cancellation fees in the following amount, unless the cancellation fees were agreed separately with the reservation confirmation:
Later than 6 weeks before the reservation: 20% of the price.
Later than 4 weeks before the booking: 40% of the price
Later than 2 weeks before the reservation: 60% of the price
Later than 48 hours before the booking: 80% of the price
In case of cancellation, the hotel will make every effort to rent the rooms to other guests. As far as this succeeds, the aforementioned cancellation costs do not apply. Otherwise, the customer reserves the right to prove that the hotel has suffered less damage.
5. room use, room handover, departure
The contracting party shall be liable to the hotel for all damages caused by the contracting party or third parties who receive hotel services at the contracting party’s request. Damages are to be reported to the hotel immediately.These are non-smoking rooms. The contract partner is liable for any damage caused (e.g. damage to the interior, cleaning of fabrics, downtime costs, etc.) due to non-compliance.
There is no right to the use of certain rooms. If rooms are not available in the hotel, the hotel will inform the contract partner immediately and offer an equivalent replacement in a nearby hotel of the same category. If the contract partner refuses, services rendered by the contract partner will be reimbursed without delay.booked rooms are generally available to the contract partner from 3:00 p.m. Unless a later arrival time has been expressly agreed upon in the case of so-called non-guaranteed reservations (e.g. by credit card, advance payment or similar) or no other agreement has been made, the hotel has the right to assign booked rooms to other parties after 6:00 p.m.. For early arrivals and room occupancy after 10:00 a.m., the hotel charges the currently valid daily room rate of 60%, plus breakfast costs if applicable. The rooms must be vacated by 10:30 a.m. at the latest on the day of departure, unless another verifiable agreement has been made. Thereafter, the hotel may charge the currently valid daily room rate in the amount of 60% for the additional use of the room until 3:00 p.m., and 100% of the full room rate from 3:00 p.m. onwards, in addition to the damage incurred as a result.
6 Additional Provisions for Events and Package Travel Contracts
For the booking of events, e.g. conferences and banquets, as well as package tours, the following shall apply in addition:
The occasion of the event to be indicated by the contractual partner when booking shall be an integral part of the contract. If the event deviates significantly from this, the hotel is entitled to terminate the contract extraordinarily. A so-called package tour contract is justified if the service obligation of the hotel, in addition to the provision of board and lodging, consists of the organization of a leisure program as a paid service. The number of persons booked by the customer is a fixed part of the contract. For careful preparation by the hotel, the contract partner must inform the hotel of the final number of participants no later than 3 days prior to the start of the event or trip. If the contract partner informs the hotel of a higher number of participants, this higher number of participants shall only become an integral part of the contract if the hotel agrees to this in writing. If the hotel agrees, the invoice shall be based on the new agreement, if necessary with additional expenses. Without consent, the contractual partner is not entitled to carry out the event with a higher number of participants. Irrespective of the notification of the number of participants, the settlement shall be based on the contractual agreements. If fewer participants actually take part in the event or trip, this is irrelevant for the settlement. If agreed or provided services are not used by the contractual partner, a reduction or refund of the total amount is not possible.
If a minimum turnover has been agreed and this is not reached, the hotel may demand 80% of the difference as loss of profit, unless the contract partner proves a lower loss of profit or the hotel proves a higher loss of profit.The reserved room is only available to the contract partner for the agreed period of time. If this period is exceeded, the hotel is entitled to charge a proportional surcharge. Use beyond the agreed time requires the consent of the hotel. If the agreed time for the start of the event is postponed, the hotel is entitled to charge the contract partner for all additional costs incurred as a result.
If the hotel provides technical equipment, the hotel shall be entitled to demand appropriate security from the contracting party to cover damage and loss or, at the contracting party’s option, to take out liability insurance for the contracting party’s account.The installation of the contracting party’s own electrical equipment and connection to the hotel’s power supply system shall require the hotel’s prior consent. Accruing electricity consumption will be charged by lump-sum registration. Any faults or damage to the hotel facilities caused by connection shall be borne by the contract partner.
The hotel shall not be liable for any damage suffered by the contract partner on the occasion of the use of a special service provided by a third party. The contract partner is referred to the respective organizer of the special service to enforce his claims.
7 Liability, objects brought in
The contract partner is obligated to personally notify the hotel of any recognizable defects immediately after they become known. The legal provisions of §§ 701 et seq. of the German Civil Code (BGB) shall apply to items brought into the hotel by the contract partner. Any liability of the hotel for damages, in particular for objects brought in, is otherwise excluded, unless the hotel or its staff is guilty of intent or gross negligence. Any items left behind by the contracting party shall only be forwarded upon request, at the risk and expense of the contracting party. The hotel shall keep the items for 6 months and charge a reasonable fee for this. After this period, the items will be handed over to the local lost and found office if there is a recognizable value.The hotel parking space that may be available to the contract partner is not provided as part of the contractual relationship between the contract partner and the hotel. This is a service provided by the hotel without any contractual obligation. The hotel is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314 BGB) in accordance with the statutory regulations – in particular in the event of force majeure or other impediments for which the hotel is not responsible, especially those outside the hotel’s sphere of influence. In special cases, a written agreement may be made. In this case, however, the hotel is entitled to charge a service fee or so-called corkage fee.
8 Place of performance and payment, place of jurisdiction, collateral agreements, partial invalidity
The place of performance and payment for both parties is the registered office of the respective hotel. German law shall apply. Place of jurisdiction is Hamburg. Any deviating agreements or collateral agreements must be made in writing in order to be effective. Should individual provisions of the above General Terms and Conditions (GTC) be invalid, this shall not affect the validity of the remainder of the contract.
Status: October 2022