General Terms & Conditions Hotel Gutsgasthof Stangl

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1. Scope of application

1) These terms and conditions apply to contracts for the rental of hotel rooms, conference, banquet, and other event rooms of the hotel including the outdoor areas (forecourt, terrace, beer garden etc.) for the purpose of holding events such as banquets, seminars, conferences, exhibitions, presentations etc. as well as for all other related deliveries and services provided by the hotel.

2) Any subletting or re-letting of the rented rooms as well as their use for any purposes other than accommodation require the prior written consent of the hotel, whereby § 540 Para. 1 Clause 2 BGB [Civil Code] is waived insofar as the customer is not a consumer.

3) The terms and conditions of the customers shall only apply if this has been previously agreed in writing.

 

II. Conclusion of contract, subject matter of contract and limitation

1) Offers of the hotel are always subject to change. The contract comes into effect upon acceptance by the hotel. The hotel is at liberty to confirm the reservation in writing.

2) Any subletting or re-letting of the rented hotel rooms, event rooms, areas or display cabinets as well as the use of the rented rooms and areas for interviews, sales and similar events is generally not permitted and requires the prior written approval of the hotel.

3) The customer acquires no right to reserve a specific room. Unless otherwise agreed, hotel rooms shall be available from 2pm onwards on the day of arrival (check-in time). The customer has no right to earlier provision of the room. On the agreed day of departure, the rooms are to be vacated and made available to the hotel at the latest by 12 noon (check-out time). Thereafter, the hotel may charge 50 % of the full lodging price (list price) if the customer leaves the property later than contractually agreed but no later than 6pm, or 100 % if the customer leaves the room after 6pm. This does not entitle the customer to contractual claims. He is at liberty to prove that the hotel incurred no claim or a much lesser claim to compensation for use.

4) It is generally not permitted to take food, beverages, flowers or furnishings to events. Exceptions require written agreement from the events department. In these cases, a corkage fee and/or other compensation plus a service fee is charged to cover the overheads. The customer bears full liability for the harmlessness to health of the food and beverages he takes with him, and indemnifies the hotel from any claims by third parties in this regard.

5) The use of the hotel facilities is only possible within the respective opening hours. The hotel reserves the right to change the opening hours or to close facilities partly or wholly, in particular due to renovation work or hotel events or if use is not possible or is possible only to a limited extent due to other reasons.

6) Exhibitions in the foyer, the lobby, the restaurant areas as well as all other public areas of the hotel are not permitted. The placing of advertising material requires the prior written consent of the hotel.

7) The limitation of claims of the customer is generally based on the legal provisions. By way of derogation from § 195 BGB [Civil Code], the statute of limitations for all customer claims is 1 year. This excludes claims due to a defect in the cases of § 438 Para. 1 No. 2 and of § 634a Para. 1 No. 2 BGB [Civil Code]. By way of derogation from § 199 Para. 3 No. 1 BGB [Civil Code] and § 199 Para. 4 BGB [Civil Code], claims for damages and other claims lapse 5 years after the date of their creation regardless of the knowledge or grossly negligent lack of knowledge. The above exceptions do not apply if the hotel has acted with willful intent. As a matter of principle, all claims against the hotel lapse in 1 year from the beginning of the regular limitation period as set out in § 199 Para. 1 BGB [Civil Code], provided that the customer is informed about these terms. If the customer is not aware thereof, claims for damages lapse in 5 years. The reductions to the statute of limitation period do not apply to claims based on an intentional or grossly negligent breach of duty on the part of the hotel.

 

III. Services, prices, payment, offset

1) The hotel is obliged to perform the agreed services.

2) The customer is obliged to pay for the deliveries and services of the hotel that have been agreed upon and used. This also applies to deliveries and services (including additional services such as consumption, telephone calls, etc.) that are made use of by the persons who are accommodated by and / or participating in events or visiting this hotel on the basis of this contract. Similarly, this also applies to services and expenses of the hotel arranged by the customer on behalf of a third party.

3) The agreed prices include the respective statutory value added tax. Should the respective value added tax rate applicable to the contractual services rise or fall after conclusion of the contract, the prices will be adjusted accordingly. If the period of time between the conclusion of the contract and the start of the event exceeds one year and if the price generally calculated by the hotel for the contractual services increases, the contractually agreed price may be increased accordingly, but by a maximum of 5 %. The hotel is entitled to increase the prices if municipal taxes (culture tax, tourist tax) on the holding of events are increased. The increase in price is limited to the costs of the above-mentioned taxes.

4) The settlement takes place in euros (€). For foreign means of payment, the person liable for payment shall bear the burden of the exchange rate differences and bank charges.

5) Invoices from the hotel are due for payment immediately without any deduction. In the event of default on payment, the hotel is entitled to charge interest in the amount of 8 % p.a. The customer is entitled to prove lesser damage, while the hotel is entitled to prove greater damage.

6) The hotel is entitled to request an appropriate advance payment at any time. Unless the amount of the advance payment and the payment deadlines are otherwise agreed in writing in the contract, the following advance payments are agreed:

a) in the accommodation area (lodging and breakfast) for groups from 10 room nights:
- 50 % deposit 90 calendar days before arrival of the group

b) for the events area from 30 to 49 persons:
- 50 % deposit 90 calendar days before the start of the event

c) for the events area from 50 persons
- 20 % deposit upon conclusion of contract as a guarantee, plus
- 50 % deposit 90 calendar days before the start of the event

The deposit is calculated on the basis of the planned room hire, decoration, flat-rate food & beverage charge or conference package fee.

7) All items of any kind brought in by the ordering customer are subject to a lien, once brought in, with regard to all claims in connection with the order at hand.

8) Complaints concerning invoicing must be communicated to the hotel as soon as they are
known.

9) The form of invoicing (invoice recipient) must be accordingly communicated to the hotel upon ordering or at the latest with the end of the service.

10) The customer may only offset or reduce payment against a claim made by the hotel with an indisputable or legally binding claim.

11) In the event that a change is requested on the day of the event itself with regard to the layout, furnishings or seating options of the rooms, the hotel is entitled to charge a lump-sum fee for expenses amounting to €100.00.

 

IV. Withdrawal of the hotel

1) If an agreed advance payment is not made in a timely manner, the hotel is entitled to withdraw from the contract. Furthermore, the hotel may also demand compensation due to non-fulfillment.

2) In addition, the hotel is entitled to withdraw from the contract for objectively justifiable reasons, for example if:

a) force majeure or other circumstances over which the hotel has no control make the fulfillment of the contract impossible or unreasonably difficult for the hotel;

b) accommodation or events have been booked using misleading or incorrect information regarding important facts, e.g. about the identity of the customer or the purpose of the leasing;

c) the hotel has reasonable grounds to consider that the utilization of the deliveries and services of the hotel may endanger the smooth business operation or the security or the reputation of the hotel in the public eye, without this fact being attributable to the hotel’s area of control or administration;

d) there is a breach of I.2 of these General Terms & Conditions;

e) the hotel is closed;

f) insolvency or bankruptcy proceedings are initiated against the assets of the customer.

3) In the event of a justified withdrawal by the hotel, the customer has no right to compensation.

 

V. Withdrawal of the customer (cancellation, annulment)

1) If the hotel and the customer have agreed upon a date for the free withdrawal from the contract, the customer may withdraw from the contract until that date without incurring claims for payment or compensation by the hotel. The customer’s right of withdrawal lapses if he does not assert his right to withdraw against the hotel by the agreed date. The customer is only entitled to withdraw free of charge if the withdrawal has been made in writing.

2) In the accommodation area, the following applies for cancellation by the customer:
In the event of a cancellation, the customer must pay 90 % of the agreed room price per room and per booked night.
For group reservations from 10 room nights or more, the following applies:

a) up to 90 calendar days before the arrival of the group, 80 % of the reserved room nights may be reduced free of charge

b) up to 60 calendar days before the arrival of the group, 60 % of the reserved i.e. remaining room nights may be reduced free of charge

c) up to 30 calendar days before the arrival of the group, 40 % of the reserved i.e. remaining room nights may be reduced free of charge

d) up to 14 calendar days before the arrival of the group, 20 % of the reserved i.e. remaining room nights may be reduced free of charge and

e) up to 5 calendar days before the arrival of the group, 5 % of the reserved i.e. remaining room nights may be reduced free of charge.
For individual reservations, the cancellation deadlines of the written confirmation apply.

3) For blocked room contingencies, in the event of cancellation of the rooms Clause 2) shall apply accordingly after retrieval. If the retrieval of the rooms is made directly by the guest, the customer shall be responsible for the booked block of rooms until retrieval.

4) In the events area (conferences, company parties, weddings, etc.), the following applies for cancellation by the customer:

a) Events of up to 49 persons
Free cancellation is possible up until 90 calendar days before the start of the event. Thereafter the following reduction possibilities apply:
- If the customer withdraws between the 90th calendar day and the 31st calendar day before the event date, the hotel is entitled to invoice 50 % of the ordered services.
- If the customer withdraws between the 30th calendar day and the 15th calendar day before the event date, the hotel is entitled to invoice 70 % of the ordered services.
- If the customer withdraws between the 14th calendar day and the 5th calendar day before the event date, the hotel is entitled to invoice 90 % of the ordered services.
- If the customer withdraws less than 5 calendar days before the event date, the hotel is entitled to invoice 100 % of the ordered services.

b) Events of 50 persons or more
Free cancellation is possible up until 180 calendar days before the start of the event. Thereafter the following reduction possibilities apply:
- If the customer withdraws between the 180th calendar day and the 91st calendar day before the event date, the hotel is entitled to invoice 50 % of the ordered services.
- If the customer withdraws between the 90th calendar day and the 31st calendar day before the event date, the hotel is entitled to invoice 70 % of the ordered services.
- If the customer withdraws between the 30th calendar day and the 5th calendar day before the event date, the hotel is entitled to invoice 90 % of the ordered services.
- If the customer withdraws less than 5 calendar days before the event date, the hotel is entitled to invoice 100 % of the ordered services.

5) The basis for calculation is the event offer (conference package fees, menu, room rental, flat-rate beverage fee, decoration). The relevant event revenue / conference package fee is calculated according to the formula: Menu price banquet x number of persons or conference package fee x number of persons. If no conference package fee had yet been determined, the least expensive conference package fee of the valid conference offer shall form the basis. This price applies per event day and per participant.
If no price had yet been agreed upon for the menu or the buffet, the least expensive 3-course-menu of the valid event offer shall form the basis. For the purposes of calculating the compensation for lost revenue from beverages, 30 % of the overall revenue from food and drink shall be determined as the basis for beverage sales. If no room rental costs had yet been estimated, the valid room rental prices for this period shall apply. For private parties, the basis for calculation is an order value of at least €50.00 per adult; for weddings this is €130.00 per person.

6) The customer is always entitled to prove lesser damage, while the hotel is entitled to prove greater damage.

 

VI. Number of participants, changes to the number of participants and changes to the event time

1) A reduction in the number of participants registered by the purchaser or customer must be communicated in writing to the events department of the hotel in order to be acknowledged by the hotel in the invoicing.
- A reduction of up to 10 % in the number of participants registered by the purchaser or customer must be communicated in writing at the latest 10 days before the start of the event. For a reduction of more than 10 %, the originally registered number of participants less 10 % shall form the basis for the invoicing unless otherwise agreed in writing.
- A reduction of up to 5 % in the number of participants registered by the purchaser or customer must be communicated in writing at the latest 3 days before the start of the event. For a reduction of more than 3 %, the originally registered number of participants less 3 % shall form the basis for the invoicing unless otherwise agreed in writing.
2) An increase of more than 5 % in the number of participants requires the written approval of the hotel. In the event of an increase, the actual number of participants shall form the basis for the invoicing.
3) For a deviation of more than 10 % in the number of participants, the hotel is entitled to switch the agreed rooms if the size of the new rooms is suitable for the most recently stated number of participants.
4) If the agreed start or end times of the event are rescheduled without the prior written approval of the hotel, the hotel may charge additional costs for the readiness to provide services in accordance with § 315 BGB [Civil Code], unless the hotel is at fault for the rescheduling of the times.
5) The hotel may assign the customer event rooms other than those originally reserved if this is reasonable for the customer, in particular if urgent maintenance works have to be carried out or if the originally reserved rooms are required and the alternatively assigned rooms are comparable to those originally reserved in capacity and furnishing, but are at least equally suited for the event planned by the customer. The hotel will immediately inform the customer before changing the event rooms.

 

VII. Technical facilities and connections

1) If, at the customer's request, the hotel provides technical and other equipment from third parties, it shall act on behalf, on the authority and on account of the customer. The customer is liable for the careful handling and the orderly return of the facilities concerned. He indemnifies the hotel from all claims from third parties arising from the provision of these facilities.

2) If the customer wishes to use his own electrical equipment or that of third parties commissioned by him while using the hotel’s power supply, this requires the latter’s prior written consent. If the hotel's suitable equipment remains unused on account of the customer's connection of his or her own equipment, the hotel’s approval may be dependent on a deficiency compensation fee. The customer is liable for any disturbances or damages to the integrated network and other facilities of the hotel caused by the use of his equipment, unless the hotel is at fault for such disturbances or damages. The hotel has the right to record and calculate, on a lump sum basis, the electricity costs arising from the use thereof.

3) The customer may only use his own telephone, telefax and data transmission equipment with the approval of the hotel. The hotel is entitled to demand a connection fee for this purpose.

4) Disturbances in the technical or other facilities provided by the hotel shall be remedied immediately, as far as possible. Payments may not be withheld or reduced if the hotel is not at fault for said disturbances.

 

VIII. Liability and other obligations of the hotel

1) The hotel shall bear liability, with the diligence of a prudent businessman, for its obligations arising from the contract. Claims for damages, no matter for what legal reason, are excluded, unless the hotel is guilty of willful intent or is responsible for its own gross negligence or the gross negligence of its legal representatives or executives or its other agents, or if the claim for damages arises from a breach of essential contractual obligations. Any liability arising hereafter is, in all cases of simple negligence, limited to the amount of foreseeable damage typical for this type of contract. The liability for damages resulting from harm to life, body or health remain unaffected by this.

2) Should disruptions or defects occur in the services provided by the hotel, upon becoming aware thereof or upon immediate request by the customer, the hotel shall do its best to remedy the flaw. The customer is obliged to do what can be reasonably expected of him to remedy the defects and to keep any possible damages to a minimum. Furthermore, the customer is also obliged to inform the hotel of the possibility that an unusually great extent of damage may occur.

3) If the customer is an overnight guest, the hotel is liable for items brought in according to the Paragraphs 701 ff. BGB [Civil Code]. Thereafter, liability is limited to one hundred times the price of the room, at the most however €3,500.00, i.e. €800.00 for money and valuables.

4) In accordance with Para. 1, the hotel is liable for damages to the vehicle of the customer if said vehicle is parked in a parking space for which the hotel, its employees or agents are responsible. The customer is obliged to report such damage immediately; however, obvious damages must be reported before leaving the hotel parking lot. The hotel is not liable for damages for which solely other customers/lessees or other third parties are responsible. In relation to customers, the hotel is not liable for damages caused to legal assets of third parties by the vehicle of the customer.

5) The liability for damages resulting from harm to life, body or health as well as the liability for willful intent and gross negligence on the part of the hotel remain unaffected hereby.

 

Loss or damage of items brought onto hotel premises

1) Exhibits or personal items brought in by the customer, his visitors, guests, employees, etc. are the customer’s responsibility in the hotel and in the event rooms. The hotel assumes no obligation to look after or store these items. The hotel assumes no liability for the loss, destruction or damage of the items brought onto hotel premises, except in the case of gross negligence or willful intent. The customer is responsible for insuring the items brought onto hotel premises.

2) Apart from this, the hotel is liable – except in cases of willful intent or gross negligence – only in the event of a breach of essential contractual duties, limited to the respective coverage amounts of the business liability insurance.

3) Decorative material brought in by the customer must comply with the fire safety regulations. The hotel is entitled to demand an official certificate of compliance. Due to potential damage, the hanging or affixing of objects to the walls and ceilings is only permitted with the prior written approval of the hotel.

4) All exhibits or other items brought in by the customer or participants of the event, as well as their packaging, must be removed by the customer immediately after the end of the event. If the customer does not fulfill his duty of disposal immediately, the hotel is entitled to carry out the removal and storage at the expense of the customer. If items remain in the events room, the hotel may charge the agreed room rental price for the duration of time for which the items remain. The above provisions also apply to items that have been rented from external companies and brought into the rooms of the hotel.

 

X. Liability and other obligations of the customer

1) The customer is liable for all damages to the building of the hotel and its facilities caused by the customer, event participants, visitors of the event, employees or other third parties for whom the customer is responsible. As a hedge against the liability risk, the hotel may demand that the customer provide appropriate securities (e.g. insurances, deposits, guarantees etc.).

2) If the event affects the rights of third parties (copyrights, etc.), the customer is obliged to obtain the relevant permits at his own expense before carrying out the event and to pay any fees that arise (GEMA fees, etc.) directly. Should fees or claims for damages resulting from the reasons mentioned nonetheless be asserted against the hotel, the customer shall indemnify the hotel from any such fees or claims for damages.

3) If a third party has made the reservation for the customer, this third party, together with the customer, is liable to the hotel as joint and several debtor for all obligations arising from the contract insofar as the hotel has an according statement from the third party.

4) If the customer/purchaser is not the organizer himself, or if the organizer engages a commercial agent or organizer, the organizer is liable, together with the customer, jointly and severally for all obligations arising from the contract insofar as the hotel has an according statement from the organizer.

5) Within the hotel, photographs for commercial purposes may only be taken with the prior written approval of the hotel.

6) Similarly, brochures, public invitations, newspaper adverts and all other publications that make reference to the events in the hotel also require the prior written approval of the hotel. 7) Wake-up services shall be performed by the hotel with the utmost care. Messages, mail and consignments for the guests shall also be handled with care. The hotel assumes responsibility for the delivery, storage and – upon request and for a fee – the forwarding of the aforementioned items.

 

XI. Final provisions

1) Changes and supplements to the contract require the written form in order to be effective.

2) The place of fulfillment and payment is the hotel’s registered office.

3) The exclusive place of jurisdiction – even for disputes concerning checks and bills of exchange – for commercial transactions is the hotel’s registered office. If the customer has no general place of jurisdiction within Germany, the place of jurisdiction is also the hotel’s registered office.

4) German law shall apply exclusively. The application of UN sales law and of conflict-of-law rules is excluded.

5) Should individual provisions of these terms & conditions be or become invalid, the validity of the remaining provisions is not affected hereby. In all other respects, the statutory provisions shall apply.

 

Status: September 2018

 

HOTEL-GUTSGASTHOF STANGL
Bärbel Fauth-Stangl & Ludwig Fauth

Münchener Straße 1   
85646 Neufarn/Vaterstetten
Fon +49 89 90501-0
Fax +49 89 90501-363

 

Wichtiger Hinweis Öffnungszeiten:

Das Restaurant ist Sonntags ab 17 Uhr geschlossen.
Für Hotelgäste bieten wir eine kleine Speisekarte an.

 

NEU UND NUR AM MONTAG
DIE KLEINE FEINE LAND- & GUT KARTE
(Mittags 12 - 14h und abends 18 - 21.30h)