General Terms and Conditions
General Terms and Conditions of Hotel Bavaria, Oberstaufen, version 12/2025
This is a translation of the German original. In case of discrepancies, the German version prevails.
1. Scope
These terms apply to all accommodation contracts of Hotel Bavaria, Oberstaufen. They cover the rental of hotel rooms for accommodation as well as all further services and supplies provided by the hotel for the guest in this context. Subletting the rooms provided, or using them for purposes other than accommodation, requires the hotel’s prior written consent. The customer’s own terms and conditions do not apply.
2. Contracting parties, conclusion of contract and limitation periods
2.1
The hotel and the customer are the contracting parties. A hotel contract is concluded when the hotel accepts the customer’s request. It is at the hotel’s discretion to confirm the booking in text form.
2.2
Claims against the hotel become time-barred one year after the statutory limitation period begins; this does not apply to claims for damages or to claims for which the law prescribes longer periods. Irrespective of knowledge, claims for damages become time-barred after five years, except for claims arising from injury to life, body, health or freedom, which become time-barred after ten years. Claims based on an intentional or grossly negligent breach of duty by the hotel are likewise excluded from the shortened period.
3. Liability of the hotel, disruptions and defects
3.1
The hotel is liable for damage attributable to it arising from injury to life, body or health. It is further liable for other damage caused by an intentional or grossly negligent breach of duty, or by an intentional or negligent breach of duties typical of the contract. A breach of duty by a legal representative or vicarious agent is equivalent to a breach by the hotel. Further claims for damages are excluded.
3.2
Should disruptions or defects occur in the hotel’s services, the customer must inform the hotel without delay. The hotel will endeavour to remedy the disruption. The customer is equally obliged to contribute what is reasonable in order to remedy the disruption and keep any damage to a minimum.
3.3
The hotel is liable for items brought in by the customer in accordance with statutory provisions; using the room safe or hotel safe is recommended. Money, jewellery, securities and valuables worth more than 800 euros, or other items worth more than 3,500 euros, require a separate safekeeping agreement with the hotel in written form. Providing a parking space does not constitute a safekeeping contract; this applies to loss of or damage to vehicles parked or manoeuvred on the hotel premises and to their contents. The hotel exercises due care with wake-up calls, messages, post and deliveries.
4. Services, prices, payment
4.1
The hotel is obliged to keep the rooms booked by the customer available and to provide the services agreed. The customer is obliged to pay the agreed or applicable prices for the room and for the hotel services used. This includes services commissioned by the customer directly or through the hotel, provided by third parties and paid out by the hotel.
4.2
The taxes and local charges applicable at the time the contract is concluded apply and are included in the agreed prices. The visitor’s tax is owed by the guest at the rate set by current municipal law and is paid on site, unless it was expressly stated in text form in the agreed price and is already included. Any statutory changes to VAT or to municipal charges after conclusion of the contract lead to an adjustment of prices. For consumer contracts this applies only if more than four months lie between conclusion and performance of the contract.
4.3
If the customer subsequently wishes to reduce the number of rooms booked, reduce the hotel’s services or shorten the stay, the hotel may make this conditional on an increase of the room rate or of the price for other services, with previously granted discounts ceasing to apply.
4.4
Invoices are usually issued on departure and are payable immediately. The means of payment accepted by the hotel apply; for discounted rates the hotel may limit the choice of payment method. Where advance payments are agreed, invoices without a due date are payable in full within ten days of receipt. In the event of default, the hotel may demand immediate payment of sums due and charge the statutory default interest, currently eight percentage points above the base rate, or five percentage points where a consumer is involved. The hotel reserves the right to prove higher damage. On conclusion of the contract the hotel is entitled to request a reasonable advance payment or a security such as a credit card guarantee; the amount and the payment dates are then agreed in writing in the accommodation contract. Statutory provisions on advance payments and securities for package travel remain unaffected.
5. Provision of rooms, handover and cancellation
5.1
The customer has no claim to the provision of a specific room within a category unless this has been expressly agreed.
5.2
Booked rooms are available from 3:00 p.m. on the agreed day of arrival. There is no claim to earlier provision. On the agreed day of departure the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Hotel facilities and services can no longer be used after that time. Late departures require the hotel’s consent; a surcharge for the day of departure may be agreed subsequently.
5.3
If a contractually agreed hotel service is not used, the hotel retains its claim to the agreed remuneration, provided that no right of cancellation was agreed or it has already expired, that there is no statutory right of withdrawal or termination, and that the hotel has not consented to cancelling the contract. The hotel must offset the expenses it saves and any income from letting the rooms to others. The customer is entitled to prove that no damage or substantially less damage was incurred.
5.4
Cancellation by the customer must be made in text form; an email is sufficient. Taking out travel cancellation or travel interruption insurance is generally recommended. In the event of cancellation the hotel may charge cancellation fees. The amount depends on the rate category booked:
STANDARD RATE:
free cancellation up to 61 days before arrival (until 0:00)
from 60 days before arrival, 70% of the total price of the stay is charged
from 21 days before arrival, 90% of the total price of the stay is charged
FLEX RATE:
free cancellation up to 22 days before arrival (until 0:00)
from 21 days before arrival, 90% of the total price of the stay is charged
SUPER FLEX RATE:
free cancellation up to 8 days before arrival (until 0:00)
from 7 days before arrival, 90% of the total price of the stay is charged
BEST PRICE RATE:
non-refundable rate; 90% of the total price of the stay is charged from the moment the booking is received.
Cancellation charges are calculated from the date your declaration is received, that is the postmark, the arrival of the email or the arrival of the fax.
In every case we offset the expenses we save by the service not being used. You are entitled to prove that we incurred no damage or substantially less damage; in that case you owe only the amount actually incurred. The claim is likewise reduced to the extent that we are able to let the rooms to others.
6. Cancellation by the hotel
6.1
Where it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is equally entitled to withdraw during that period. If an agreed advance payment or security is not provided, the hotel will set a reasonable additional period in writing. If that period also expires without payment, the hotel is entitled to withdraw from the contract.
6.2
The hotel has an extraordinary right of withdrawal for objectively justified reasons. This applies in particular where force majeure, technical faults (for example a malfunction of the channel manager) or other circumstances for which the hotel is not responsible make performance impossible. The same applies where a contract was culpably booked using misleading or false information, or by concealing material facts, for example regarding the customer’s identity, solvency or the purpose of the stay.
6.3
Where the hotel has reasonable grounds to assume that use of the agreed service may jeopardise smooth operations, safety or public reputation, without this being attributable to the hotel, the hotel has an extraordinary right of withdrawal. Unlawful purposes of stay fall under this right, as does unauthorised subletting or re-letting. In the event of justified withdrawal by the hotel, the customer has no claim to damages.
7. Final provisions
Amendments and additions to the accommodation contract, to the acceptance of the request or to these terms should be made in text form. Unilateral amendments or additions by the customer are ineffective. In commercial dealings, the place of performance and payment as well as the exclusive place of jurisdiction, including for disputes concerning cheques and bills of exchange, is Oberstaufen. Where a contracting party meets the requirements of section 38(2) of the German Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction is Sonthofen. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and of conflict-of-law rules is excluded. Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected. In all other respects, statutory provisions apply.
Note on the right of withdrawal: for accommodation services with a specific date, there is no statutory right of withdrawal under section 312g(2) no. 9 of the German Civil Code. The cancellation conditions above apply instead.