General Terms and Conditions

A. Scope of validity

I. These terms and conditions apply to all contracts between Relais & Châteaux Hotels Dollenberg (hereinafter the “hotel”) and the contracting partner of the Hotel (hereinafter the “guest”) regarding the letting of hotel rooms for rent for the purpose of lodging, as well as for all the further services and deliverables of the hotel (hotel accommodation contract) for the guest.

II. These terms and conditions are also applicable to contracts of the hotel with the guest that, besides the services given under A.I., also cover the special services provided by third parties (e.g. the organising of a leisure programmes involving the visit to sports or cultural events) (travel agreement).

IV. The guest’s terms and conditions do not apply even in the case that the hotel does not expressly object to them. The hotel objects, at the time of issue of these terms and conditions, to any conflicting confirmations by the guest in which he refers to his terms and conditions.

B. General conditions

I. Conclusion of the contract, contracting partners, changes

1. The contract is concluded through the acceptance of the guest’s booking request by the hotel. The hotel shall be at liberty to confirm the booking for the room in writing.
2. In the case of a booking of more than 10 overnight units (one overnight unit is understood to be one room for one night), the hotel reserves the right to making the effectiveness of the contract dependant on the condition precedent that the hotel confirms it in writing.
3. The contracting partners are the hotel and the guest. In the case that a third party has placed the order on behalf of the guest, it shall be liable to the hotel along with the guest as the joint and several debtor for all the obligations arising from the hotel accommodation contract insofar as a corresponding declaration from the third party is made available to the hotel.
4. Changes or supplements to the contract, to the acceptance of the guest’s request or to these terms and conditions shall be in writing. Unilateral changes or supplements by the guest shall be ineffective.

II. Scope of use of the rooms, (shared) use by third parties

1. The hotel is obliged to keep the room booked by the guest ready for use and to provide the agreed services. The guest acquires no right to the allocation of specific rooms or premises unless anything else has been agreed between him and the hotel.
2. The booked rooms shall be made available to the guest from 3:00 p.m. onwards on the date of his arrival. The guest has no right to earlier availability. The hotel reserves the right to make the room available earlier against an agreed surcharge.
3. The hotel room must be vacated and made available to the hotel at 11:00 a.m. on the agreed day of departure at the latest. After that, the hotel is authorised to charge 50% of the full lodging price (list price) for the loss caused by the additional use of the room up to 4:00 p.m., from 4:00 p.m. and beyond that, this shall be 100%.
4. The use of our DOLLINA Wellness and Spa area and the training room are included in the price and available for use from 3:00 p.m. onwards on the arrival date up to 11:00 a.m. on the date of departure. Usage prior to that shall be charged at Euro 25.00 per person. In the case that the spa area is used after 11:00 a.m., the guest shall agree to an additional charge of Euro 25.00 per person.
5. The subletting of the rooms booked or their re-letting requires the prior written consent by the hotel. The same shall be applicable for the use of the rooms provided for purposes other than lodging.
6. The guest is obliged, in the case of shared use by one or several third parties, to inform the hotel in advance and to obtain the required consent from the hotel. The guest – and if necessary, along the third party - shall be liable for any loss resulting from a breach of this obligation.
7. The guest commits to being held liable, in the case of the (shared) use by one or several third parties, for the loss or damage caused by the said third parties.
8. In the case that the guest makes a booking for more than 10 rooms per day, he shall have to provide the hotel, insofar as nothing else has been agreed, with a clearly legible list of the names of the expected persons fourteen days prior to the arrival. The guest shall be liable for any disadvantages for himself arising from a breach of this obligation as well as for any consequential losses incurred by the hotel due to this.

III. Prices, payment, setoff, prohibition of assignment of claims

1. The guest is obliged to pay the applicable or agreed price charged by the hotel for the provision of the rooms and for the further services that have been utilised by him. This also applies to the services requested by the guest as well as for the expenses incurred by the hotel to third parties.
2. The agreed prices shall include the correspondingly applicable statutory value added tax. In the case that the time elapsed between the conclusion of the contract and contract fulfilment exceeds four months, or if a new price list is published and the hotel increases the price charged for such services in general, particularly due to an increase in cost of labour or hotel operating costs, then the hotel shall be authorised to reasonably increase the contractually agreed price by 15% maximum, however.
3. The visitor’s tax shall be charged separately and is not included in any package price.
4. The prices can also be changed by the hotel in the event that the guest subsequently wishes to change either the number of rooms booked or the service to be provided by the hotel or the duration of the stay, if the hotel agrees to such changes.
5. During the period from 24 December to 2 January of each year, the hotel charges a holiday surcharge of Euro 38.00 per person per day.
6. The invoices of the hotel without due dates are payable immediately on receipt of the invoice without any deductions. In the case of a delay in payment, the hotel is authorised to charge interest at five percentage points, or in the case of commercial transactions, to the extent of eight percentage points above the corresponding base lending rate. The hotel is further authorised to charge a lump-sum of Euro 5.00 for the second and for every further reminder sent; the guest however shall have the right to furnish evidence of a lesser expense. The hotel reserves the right to assert further damages that have to be evidenced by the hotel.
7. Payment through bills of exchange, cheques, foreign currency or credit cards shall require consent by the hotel. Vouchers issued by travel agents shall only be accepted in the case that the hotel has entered into a corresponding agreement with the respective travel agent or when the corresponding advance payments made by the travel agent have been received.
8. The hotel is authorised to demand reasonable advance payment or a deposit at the time of the conclusion of the contract. The amount of the advance payment and the date thereof may be agreed in the contract in writing.
9. The guest can only reduce or set off a claim made by the hotel in the case that he has an undisputed or legally valid claim against the hotel.
10. The guest’s claims may only be assigned when the hotel agrees to this.

IV. Rescission by the guest (cancellation, annulment)

1. Rescission of a contract concluded with the hotel by the guest requires the written consent of the hotel. In the consent is not given, the price agreed in the contract must be paid even in the case that the guest does not avail of the contracted services. This shall not apply to any default of service by the hotel or when the hotel is responsible for its failure to render the service.
2. Insofar as a date for the rescission of the contract has been agreed in writing between hotel and guest, the guest may rescind the contract up to this date without any claims for payment or damages arising for the hotel. The right to rescission by the guest expires when he does not exercise his rescission rights by the agreed date, unless the hotel is responsible for the default of service or for its failure to render the service.
3. The hotel shall set off the receipts received for renting the rooms to others and for the expenses saved in the case of rooms that have not been made use of by the guest.
4. The hotel is authorised to charge a lump-sum for the losses to be compensated for by the cancellation or annulment by the guest; in such a case, the guest has the right to provide evidence that no losses were incurred or that the losses incurred by the hotel were less than the demanded lump-sum detailed below. The basic amounts of the lump-sums charged by the hotel, which are based on the experiences in the past, are:
   • For any cancellation at any day up to 7 days prior to the arrival date given in the booking: no charge;
   • For any cancellation of less than 7 days and up to 2 days prior to the arrival date given in the booking: 50% of the agreed travel cost;
   • For any cancellation of less than 2 days prior to the arrival date given in the booking: 90% of the agreed travel cost.
5. Except the cancellation fees of Christmas and New Years Eve. For this period you cancel free of charge three weeks prior arrival.

V. Rescission by the hotel

1. Insofar as a rescission right of the guest within a defined time period has been agreed in writing, the hotel is entitled on its part to withdraw from the contract in this defined time if another guest has made a booking request for the booked room and if the guest does not waive his right to rescission when the hotel has expressly asked the guest.
2. The hotel is also authorised to rescind the contract if an advance payment is not made even after a reasonable extension of time granted by the hotel, including a refusal of room warning, has expired.
3. Furthermore, the hotel has a special right of rescission of the contract for objectively justified reasons, including:
   • In the event of force majeure or due to circumstances for which the hotel is not responsible and that make fulfilling the contract impossible;
   • In the event that the room was booked by giving misleading or wrong information regarding important facts e.g. regarding the guest or the purpose;
   • In the event that the hotel has justified reason to believe that the guest’s making use of the services of the hotel could put the smooth hotel operation, the safety, or the public reputation of the hotel at risk, without this being the fault of the scope of power or management of the hotel.
   • In the event of a violation of B.II.4. or A.II.5.
4. The hotel must inform the guest immediately of having exercised its right to rescission.
5. In the case of a justified rescission by the hotel, the guest shall have no entitlement to claims for damages.

VI. Liability of the hotel

1. The hotel shall be liable for the due care that is to be provided by a reasonable and prudent businessman. This liability shall be however – unless VI.2. or VI.3. apply – limited to damage, loss, consequential damage or disruptions that can be attributed to wilful misconduct or gross negligence by the hotel. In the case that disruptions or deficiencies in the service should occur, the hotel shall endeavour to rectify these upon obtaining knowledge of them or as soon as a complaint is made by the guest. The guest agrees to do whatever can be reasonably expected of him in order to help rectify the disruption and minimise the damage.
2. In the event of the loss of life, physical injury or damage to health, the hotel is also liable for slight negligence if the violation was caused by the owner of the hotel, by a legal representative or a hotel agent.
3. In the event of the violation of contractual duties which are absolutely necessary in order to achieve the contractual goal, the hotel is also liable for slight negligence if the violation was caused by the owner of the hotel, by a legal representative or a hotel agent. The liability for foreseeable and direct damages is furthermore limited to an amount of Euro 125,000 for personal injury and to Euro 5,000 for property damage and financial losses in such cases.
4. Any objects brought in by the guest are subject to the hotel’s liability according to the statutory regulations, i.e. up to one hundred times the room rent, max. Euro 3,500 as well as for cash and valuables up to Euro 800. Cash and valuables can be kept locked in the hotel safe or in the safe deposit box of the room up to a max. value of Euro 2,500. The hotel recommends the use of these facilities. The liability claims expire if the guest does not report any loss, destruction or damage to the hotel immediately (Section 703 of the BGB (German Civil Code)).
5. No contract for secure custody is established due to the fact that a parking place has been made available in the hotel garage or at a parking place, even against payment. If motor vehicles are parked or placed on the hotel premises and they and their contents are lost or damaged, the hotel shall be liable only in accordance with VI.1. and VI.2.
6. Wake-up calls are executed by the hotel with extreme diligence. Claims for damages are excluded except in the case of gross negligence or wilful intent.
7. Messages, mail and merchandise deliveries for guests are handled with care, delivered and stored by the hotel, and – if requested – forwarded at a charge. Claims for damages are excluded except in the case of gross negligence or wilful intent.
8. Items left behind in the hotel by the guest or a third party shall be returned by the hotel on the guest's or the third party’s request at their cost and risk. The hotel shall store the items left behind for a period of twelve months, the storage costs to be borne by the guest. After the expiry of twelve months, the items, insofar as they shall be deemed to be valuable, shall be handed over to the local lost property office. The hotel shall not bear any liability for such valuables.

VII. Place of performance and of payment, applicable law, jurisdiction, side agreements, legal consequences of partial invalidity

1. The place of performance and payment, for the hotel as well as for the guest, is the registered office of the hotel.
2. The laws of Germany shall apply.
3. The exclusive place of jurisdiction for any commercial transactions – including for disputes regarding cheques and bills of exchange – is at the hotel’s option the registered office of the hotel. Subject to the guest satisfying the conditions of Section 38 Para 1 of the ZPO (German Code of Civil Procedure), as having no general place of jurisdiction in Germany and no known place of residence on the date the suit is filed, the place of jurisdiction for all non-commercial transactions shall be at the hotel’s option the registered office of the hotel.
4. There are no oral or written side agreements.
5. Changes or supplements must be in writing to become effective unless anything to the contrary has been agreed orally between guest and hotel.
6. Should any part of the provisions of these terms and conditions be or become invalid or void, the validity of the rest of the provisions shall remain unaffected. The hotel and the guest shall immediately replace the ineffective provisions by other provisions that come as close as possible to the desired objective and economic result. The same shall apply if the hotel accommodation contract or the travel contract should contain any regulatory gaps.
   
   

C. Special conditions for travel contracts

I. If the services agreed to and made available are not utilised by the guest, a reduction in the total price is not permitted.

II. Under the provisions in B.VI. the hotel is only liable for the special services provided by it or in its name and on its behalf. If any special services are provided by a third party on its own, the hotel is neither liable for the provision of such special services nor for any of the guest’s claims associated with such special services unless anything to the contrary has been agreed between hotel and guest.