General Terms and Conditions

Terms and Conditions
Restaurant I Hotel Storchen

General

The following General Terms and Conditions are those of
Restaurant I Hotel Storchen, Christoph Trienen
Owner: Christoph Trienen
Lange Straße 24, 79183 Waldkirch
Contact: info@zum-storchen-waldkirch.de
Owner: Christoph Trienen
District Court Waldkirch
Tax Office Emmendingen No. 05463/13401
VAT ID No. DE 243701388

Scope

1. These terms and conditions apply to hotel accommodation contracts as well as all other services and deliveries of the hotel provided to the guest.

2. Deviating provisions, even if they are contained in the General Terms and Conditions of the guest or the person placing the order, do not apply unless they are expressly recognized by the hotel in text form.

II. Conclusion of contract, contractual partners

1. A hotel accommodation contract (hereinafter referred to as “Contract”) is concluded upon a booking request from the guest with a corresponding booking confirmation from the hotel.

2. The contracting parties are the hotel and the guest. If a third party makes the booking for the guest, they are liable to the hotel as the person placing the order together with the guest as joint and several debtors for all obligations arising from the contract, provided that the hotel has a corresponding declaration from the person placing the order. Irrespective of this, every person placing an order is obliged to forward all booking-relevant information, in particular these General Terms and Conditions, to the guest.

3. The subletting and re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form.

III. Services, prices, payment, offsetting

1. The hotel is obliged to keep the rooms booked by the guest available in accordance with these General Terms and Conditions and to provide the agreed services.

2. The guest is obliged to pay the hotel’s applicable or agreed prices for the room rental and the other services used by them. This also applies to services and expenses of the hotel to third parties initiated by the guest or the person placing the order. The agreed prices include the respective statutory sales tax. If the period between the conclusion of the contract and the guest’s arrival exceeds four months and the statutory sales tax or any local taxes and levies that may be incurred increase after the conclusion of the contract or local taxes and levies are newly introduced, the hotel reserves the right to increase the agreed prices by the amount by which the sales tax or local taxes and levies incurred have increased or by the amount of the newly introduced local taxes and levies.

3. The hotel may make its consent to a reduction in the number of booked rooms, the service of the hotel or the length of stay of the guest desired by the guest after conclusion of the contract dependent on the price for the rooms and/or for the other services of the hotel increasing.

4. Invoices from the hotel are due for payment immediately after receipt without deduction. The hotel can demand immediate payment of due claims from the guest at any time. The guest is in default at the latest if they do not make payment within 30 days of the due date and receipt of an invoice; this only applies to a guest who is a consumer if they have been specifically informed of these consequences in the invoice. The hotel can charge a reminder fee of €5.00 for each reminder after default has occurred.

5. The hotel is entitled to demand a reasonable advance payment or security deposit from the guest in the form of a credit card guarantee, a deposit or similar upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in the contract in text form.

6. In justified cases, e.g. payment arrears of the guest or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of the above paragraph 5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

7. The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of the above paragraph 5 for existing and future claims from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with the above paragraph 5 and/or paragraph 6.

8. The guest can only offset against a claim of the hotel with an undisputed or legally established claim.

IV. Withdrawal of the guest, cancellation

1. The hotel grants the guest a right of withdrawal at any time. The following provisions apply:

a) In the event of the guest withdrawing from the booking, the hotel is entitled to reasonable compensation.

b) The hotel has the choice of claiming damages from the guest in the form of a lump-sum compensation instead of a specifically calculated compensation. The lump-sum compensation amounts to 80% of the contractually agreed price for overnight stays with or without breakfast, 70% of the contractually agreed price for overnight stays with half board and 60% of the contractually agreed price for overnight stays with full board arrangements. The guest is free to prove that the hotel has not suffered any damage or that the damage incurred by the hotel is lower than the required lump-sum compensation.

c) If the hotel calculates the compensation specifically, the amount of the compensation is max. the amount of the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel as well as what the hotel acquires through other uses of the hotel services.

2. The above provisions on compensation apply accordingly if the guest does not use the booked room or the booked services without notifying the hotel in good time.

3. If the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences, the hotel has no claim to compensation. The receipt of the declaration of withdrawal by the hotel is decisive for the timeliness of the declaration of withdrawal. The guest must declare the withdrawal in text form. If this has not been done, our general cancellation period applies:

a) Unless otherwise agreed, free cancellations are possible up to one day before the arrival date/6 p.m. For later cancellations, no-shows, as well as early departures and later changes to the booking, we charge 80% of the room price of the entire binding booking.

b) Separate cancellation conditions come into effect for bookings of 3 rooms or nights or more. Cancellation is free of charge up to 8 days before arrival, after which we charge 80% of the total turnover.

4. In general, the hotel recommends that the customer take out travel cancellation insurance.

5. The hotel is obliged in good faith to make every
effort to re-let rooms that are not used in order to avoid losses.

5. Until the room is re-let, the guest has to pay the amount calculated according to section V.3 for the duration of the contract.

V. Withdrawal of the hotel

1. If the guest has been granted a free right of withdrawal in accordance with section IV paragraph 3, the hotel is also entitled to withdraw from the contract within the agreed period if inquiries from other guests for the booked rooms are available and the guest does not waive their free right of withdrawal in accordance with section IV paragraph 3 upon request from the hotel.

2. If an agreed advance payment or security deposit or one requested above in accordance with section III paragraph 5 and/or 6 is not made even after a grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract, in particular if

• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• Rooms are booked under misleading or false information about essential facts, e.g. regarding the person of the guest or the purpose;
• the hotel has reasonable cause to believe that the use of the hotel service may endanger the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
• an unauthorized subletting or re-letting in accordance with section II paragraph 3 exists;
• a case of section VI paragraph 3 exists;
• the hotel becomes aware of circumstances that the guest’s financial circumstances have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk;
• the guest has filed an application to open insolvency proceedings over their assets, submitted an affidavit in accordance with § 807 of the German Code of Civil Procedure, initiated an out-of-court procedure serving debt regulation or suspended their payments;
• insolvency proceedings are opened over the guest’s assets or the opening of the same is rejected due to lack of assets.

4. The hotel must inform the guest of the exercise of the right of withdrawal immediately in text form.

5. In the aforementioned cases of withdrawal, the guest has no claim to damages.

VI. Arrival and departure

1. The guest does not acquire any claim to the provision of specific rooms, unless the hotel has confirmed the provision of specific rooms in text form.

2. Booked rooms are available to the guest from 3:00 p.m. on the agreed arrival day. The guest has no claim to earlier provision.

3. Booked rooms must be used by the guest by 8:00 p.m. on the agreed arrival day at the latest. Unless a later arrival time has been expressly agreed, the hotel has the right to re-let booked rooms after 8:00 p.m. without the guest being able to derive any claims for compensation from this. The hotel is entitled to a right of withdrawal in this respect.

4. On the agreed departure day, the rooms must be made available to the hotel vacated by 11:00 a.m. at the latest. After that, the hotel can charge the daily room price for the additional use of the room until 6:00 p.m. in addition to the damage incurred as a result, from 6:00 p.m. 100% of the full valid accommodation price. The guest is free to prove to the hotel that no damage or a significantly lower damage has been incurred.

VII. Liability of the hotel, statute of limitations

1. Should disruptions or defects occur in the services of the hotel, the hotel will endeavor to provide a remedy upon immediate complaint by the guest. If the guest culpably fails to report a defect to the hotel, a claim for reduction of the contractually agreed fee does not arise.

2. The hotel is liable in accordance with the statutory provisions for all damages resulting from injury to life, body and health as well as in the event of the assumption of a guarantee on the part of the hotel and in the case of fraudulently concealed defects.

3. For all other damages that are not covered by section VII paragraph 2 and that are caused by slightly negligent behavior of the hotel, its legal representatives or its vicarious agents, the hotel is only liable if these damages are attributable to the violation of a contractual obligation. In these cases, liability is limited to the foreseeable damage typical of the contract.

4. The above limitations of liability apply to all claims for damages regardless of their legal basis, including claims from tort. The above limitations and exclusions of liability also apply in cases of any claims for damages of a guest against employees or vicarious agents of the hotel. They do not apply in cases of liability for a defect after assuming a guarantee for the quality of a thing or a work, in the case of fraudulently concealed defects or in the case of personal injury.

5. The hotel is liable to the guest for items brought in in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but not more than €3,500.00. For valuables (cash, jewelry, etc.), this liability is limited to €800.00. The hotel recommends making use of the possibility of storage in the room or central hotel safe.

6. Insofar as a parking space is made available to the guest in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. There is no monitoring obligation on the part of the hotel. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is not liable, unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed against the hotel at the latest when leaving the hotel property.

7. Wake-up calls are carried out by the hotel with the greatest care. Claims for damages, except for gross negligence or intent, are excluded.

8. Messages, mail and goods shipments for the guests are treated with care. The hotel takes over the delivery, storage and – on request – for a fee the forwarding of the same as well as on request also for lost property. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a storage period of one month at the latest, charging a reasonable fee.

9. Claims for damages of the guest become statute-barred at the latest after two years from the time at which the guest becomes aware of the damage, or regardless of this knowledge at the latest after three years from the time of the damaging event. This does not apply to the liability for damages resulting from injury to life, body or health as well as for other damages that are based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.

VIII. Final provisions

1. Changes or additions to the contract, the acceptance of the application or these General Terms and Conditions for the hotel accommodation must be made in text form. Unilateral changes or additions by the guest are invalid.

2. Place of performance and payment is the registered office of the hotel.

The place of jurisdiction is – if the contracting party of the hotel is a merchant or a legal entity under public law – the registered office of the hotel. If the contracting party of the hotel does not have a general place of jurisdiction in Germany, the registered office of the hotel applies as the place of jurisdiction. However, the hotel is entitled to bring actions and other judicial proceedings also at the general place of jurisdiction of the guest. The hotel is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

4. The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

5. Should individual provisions of these General Terms and Conditions for hotel accommodation be or become invalid or void, this does not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.

As of May 2025