General Terms and Conditions of Boutique Hotels Sauerland GmbH
Data protection
The personal data specified in the contract, in particular name, address, telephone number, bank data, which are necessary and required solely for the purpose of implementing the resulting contractual relationship, are collected on the basis of legal authorizations.
For any use of the personal data beyond this and the collection of additional information, the consent of the person concerned is regularly required.
Scope of application
These terms and conditions apply to the provision of accommodation services and to all further deliveries and services of Boutique Hotels Sauerland GmbH in connection with these. They apply in the same way to the cession of other rooms, showcases and areas in areas connected with the hotel.
In addition to the individual agreements made with the business partner - summary term for the guest, the customer, the organizer, the orderer etc. - the following general terms and conditions apply. The terms and conditions of the business partner do not become part of the contract, especially if they are not explicitly contradicted by Boutique Hotels Sauerland GmbH.
1. contractual relationship
The agreement of any services, including in particular the reservation of rooms, shall become binding for both parties by written or oral agreement.
The reservation of rooms establishes a rental relationship. Any subletting or reletting as well as the use of hotel rooms for other than residential purposes shall require the prior written consent of the hotel.
If the reservation is made by a third party, this third party, regardless of an effective authorization by the business partner, also becomes a contractual partner and is liable for all obligations arising from this contract in addition to the business partner as joint and several debtor.
Boutique Hotels Sauerland GmbH is liable for its obligations resulting from the established contractual relationship. In the area of non-typical services the liability is limited to intent and gross negligence.
negligence (of Boutique Hotels Sauerland GmbH). In all other respects reference is made to clause 7 of the terms and conditions.
The limitation period for all claims of the business partner is six months.
2. services
Boutique Hotels Sauerland GmbH is obliged to keep the rooms booked by the business partner ready and to provide the agreed services.
The business partner is obligated to pay the prices of Boutique Hotels Sauerland GmbH that are valid or agreed upon for the provision of the room and the other services used by the business partner. This also applies to services and expenses of Boutique Hotels Sauerland GmbH to third parties initiated by the business partner.
The business partner does not acquire any claim to the provision of certain rooms. If agreed rooms or room categories are not available, Boutique Hotels Sauerland GmbH is obligated to try to find an equivalent substitute in its own house or in other properties on site.
3. arrival and departure
Booked rooms are available from 3:00 p.m. on the day of arrival and until 11:00 a.m. on the day of departure. The determination of the rooms to be assigned to the business partner is made by Boutique Hotels Sauerland GmbH on the day of arrival.
Unless a later arrival has been expressly agreed upon, Boutique Hotels Sauerland GmbH has the right to assign booked, unoccupied rooms to other parties after 6:00 p.m. without the business partner being able to derive any claims for compensation from this. In this respect Boutique Hotels Sauerland GmbH is entitled to a right of withdrawal.
Rooms with guaranteed reservations will be kept free by Boutique Hotels Sauerland GmbH until 10.00 p.m. at the latest; unless a later arrival of the business partner has been agreed with Boutique Hotels Sauerland GmbH.
Deposit reservations are considered as guaranteed reservations. In this case the ordered rooms have to be kept free without fail.
The business partner is asked to inform the reception in case of a later departure after 11.00 o'clock at the latest until 22.00 o'clock on the day before the departure. If possible, the room will be kept free for the business partner.
4. price
The prices shall be determined in accordance with the price list valid at the time the services are rendered. As far as the legal sales tax is applicable, it is included in the prices in the respective legal amount.
As far as taxes and duties are increased and/or new taxes and duties are levied against Boutique Hotels Sauerland GmbH, the latter is entitled to adjust the price accordingly.
If a fixed price was agreed upon and if there are more than four months between the conclusion of the contract and the provision of the service, Boutique Hotels Sauerland GmbH reserves the right to make an appropriate price change, whereby Boutique Hotels Sauerland GmbH is obligated to inform the business partner about the price change.
5. terms of payment
All invoices of Boutique Hotels Sauerland GmbH are due for payment immediately upon receipt without deduction.
On the day of the due date the business partner is in default without the need of a reminder. From the day of default on Boutique Hotels Sauerland GmbH is entitled to charge due date or default interest in the amount of 5% points above the respective base interest rate according to § 288 BGB. The assertion of a higher damage caused by default remains unaffected and expressly reserved.
Boutique Hotels Sauerland GmbH is entitled to demand an advance payment up to the amount of the expected total turnover, in any case at least in an appropriate amount, from the business partners upon their arrival/arrival or beforehand by naming the credit card number.
Boutique Hotels Sauerland GmbH is entitled to issue interim invoices at any time, which are due immediately after presentation to the business partner. If the business partner is in default after presentation of the interim invoice, Boutique Hotels Sauerland GmbH has the right to terminate the accommodation contract without notice.
In case of agreed invoicing based on the reservation contract, a payment period of 14 days from the invoice date applies. The payment has to be made without deduction and free of charges.
For bookings/reservations, Boutique Hotels Sauerland GmbH also reserves the right to demand 100% of the expected turnover as deposit payment.
All payments are due in Euro. Boutique Hotels Sauerland GmbH is entitled to reject foreign currency, checks and credit cards. A commission compensation of 5% will be charged on expenses and external services in case of settlement by credit cards.
A reminder fee of 10,00 € can be demanded in each individual case for reminders that are made after the default has occurred.
Boutique Hotels Sauerland GmbH reserves the right to consider the reservation for group bookings of 10 persons or more as confirmed only if with the final order by the business partner or after confirmation by Boutique Hotels Sauerland GmbH within 10 days a deposit of 20% of the booked services has been made or the agreed/requested advance payment has been made by the set date.
6. withdrawal and cancellation
In the event of force majeure and other impediments for which Boutique Hotels Sauerland GmbH is not responsible, in particular those beyond the sphere of influence of the hotel, the hotel reserves the right to withdraw from the contract without the business partner being entitled to compensation claims.
If due to a written agreement a right of withdrawal of the business partner was allowed within a certain period of time, Boutique Hotels Sauerland GmbH is for its part entitled to withdraw from the contract within this period of time if there are inquiries of other business partners for the contractually booked rooms and the business partner does not waive his right of withdrawal or does not confirm the reservation in a binding manner.
If an agreed advance payment is not made even after the expiration of a reasonable grace period set by Boutique Hotels Sauerland GmbH with a threat of refusal, Boutique Hotels Sauerland GmbH is also entitled to withdraw from the contract; (cf. i.Ü. point 5).
If the business partner does not make use of the ordered room without notifying Boutique Hotels Sauerland GmbH in due time, the business partner remains obligated to pay the agreed total price of the first travel day including the first overnight stay, without regard to the reason for the prevention. Boutique Hotels Sauerland GmbH is obliged in good faith to assign rooms that are not used to other guests if possible in order to avoid cancellations.
Reservations and cancellation period are to be observed as below:
Reservations for tour operators and travel agents made by Boutique Hotels Sauerland GmbH are generally subject to a cancellation period of 30 calendar days prior to the start of the service provision. Boutique Hotels Sauerland GmbH can agree on a different withdrawal period in writing in individual cases.
All other reservations made by Boutique Hotels Sauerland GmbH to the business partner as an individual guest are subject to the following cancellation periods
- 1 room - 2 days
- 2-5 rooms - 5 days
- 6 - 10 rooms - 14 days
After expiration of the cancellation period, the reservation is transformed into a firm booking.
Cancellation declarations must be made in writing by letter, fax or email. The business partner is responsible for proving the receipt of the withdrawal declaration.
Boutique Hotels Sauerland GmbH is free to lump-sum the damage incurred by it and to be compensated by the business partner. The business partner is then obliged to pay 100% of the contractually agreed price for overnight stays with or without breakfast, 100% for half board and 100% for full board arrangements. The business partner has to prove that no damage has been caused or that the damage caused to Boutique Hotels Sauerland GmbH is lower than the demanded lump sum.
Furthermore, the following cancellation conditions apply, according to which the business partner has to reimburse lump sum costs according to the following list.
In all cases listed below the business partner reserves the right to prove a lower damage, Boutique Hotels Sauerland GmbH reserves the right to prove a higher damage. As far as trade customs exist which are contrary to these agreements, it is expressly agreed that these trade customs have no validity between the contracting parties.
Cancellation day/calendar day before service provision Claim of Boutique Hotels Sauerland GmbH
- up to 60 days before arrival free of charge
- up to 30 days before arrival free of charge, if less than 50% of the group participants cancelled
- up to 21 days before arrival charge of the total price of the first day of travel incl. the first overnight stay and 35% for the further days, if the booked service cannot be sold otherwise
- 7-21 days before arrival calculation of the total price of the first travel day incl. the first overnight stay and 60% for the further days, if the booked service cannot be sold otherwise
less than 7 days before arrival full total price of the first travel day incl. overnight stay and 80% for the further days, if the booked service can not be sold elsewhere
A use by the business partner and/or his guests that deviates from the agreement of the contracting parties entitles Boutique Hotels Sauerland GmbH to terminate the contractual relationship without notice (immediate withdrawal) without this reducing the claim of Boutique Hotels Sauerland GmbH to the agreed fee/remuneration.
6.1 Groups
Groups: For bookings of 5 or more rooms, separate regulations and additional fees will generally come into effect.
A consultation with Boutique Hotels Sauerland GmbH is required.
If you have any questions or requests, please do not hesitate to contact us at +49 (0) 176 601 833 70.
7. liability
The business partners of Boutique Hotels Sauerland GmbH as well as the guest as such or as host are fully liable to Boutique Hotels Sauerland GmbH for any damage caused by themselves or their guests, regardless of whether they are responsible for it. In this respect also the use contrary to the contractual provision represents a causation of damage with the legal consequence finally determined under clause 7.
If Boutique Hotels Sauerland GmbH is hindered in the fulfillment of its services due to force majeure or strike, no liability for damages can be derived from this towards the business partner. However, Boutique Hotels Sauerland GmbH is obligated to the business partner to make reasonable efforts to procure equivalent services elsewhere.
Boutique Hotels Sauerland GmbH is liable to the business partner according to the provisions of §§ 701 ff. BGB. The content of these regulations is explicitly referred to, especially regarding the obligations of the business partner and the respective liability levels.
Boutique Hotels Sauerland GmbH endeavors to execute wake-up orders on time, the timeliness and correctness of message transmissions as well as the delivery of merchandise shipments of all kinds. In case of possible misunderstandings or mistakes Boutique Hotels Sauerland GmbH does not assume any liability.
Lost property will only be forwarded upon request and at the risk and expense of the business partner. If a request with retrieval by the business partner does not take place, the lost property will be handed over to the finder after a one-year storage period.
Found credit cards will be broken into two pieces and forwarded to the appropriate credit card company. In case of business partners who are still in the spatial area of the hotel and restaurant complex of Boutique Hotels Sauerland GmbH, the card will be secured and the business partner will be informed about its finding. If the business partner has already left, the card will be kept for a reasonable period of time, but no longer than 24 hours. Afterwards it will be treated like a found credit card (see above).
Objects that have been taken into custody by Boutique Hotels Sauerland GmbH and for which a luggage storage voucher has been issued will be considered as lost property after one year within which the objects have not been collected and will be treated accordingly.
Claims of the business partner or the person who had given objects of Boutique Hotels Sauerland GmbH in custody will not be justified due to the corresponding treatment as lost property. In this respect no liability is derived from the behaviour of Boutique Hotels Sauerland GmbH.
8. general
Boutique Hotels Sauerland GmbH has exclusively non-smoking rooms. It is therefore prohibited to smoke in the public areas as well as in these guest rooms. We have partially set up separate locations for our guests to smoke. In the event of a violation, the hotel has the right to demand an amount of € 150.00 from the guest as compensation for the separate cleaning costs to be incurred, including any loss of revenue from not being able to rent out the room as a result.
This amount of damages is to be set higher or lower if the hotel proves a higher damage or the guest proves a lower damage.
The use or the mention of the name of the business and the affiliated parts of the business, i.e. in particular of Boutique Hotels Sauerland GmbH in connection with advertising measures of the business partner requires the written consent of the management.
A surcharge will be levied on external services which are arranged or charged by Boutique Hotels Sauerland GmbH. A liability of Boutique Hotels Sauerland GmbH for the services of third parties is not justified by this and consequently does not exist.
Incoming messages, mail and merchandise shipments for the business partners and their guests will be handled with the usual care. Boutique Hotels Sauerland GmbH takes care of their safekeeping, delivery/handing over and on explicit request also their forwarding. A liability for the loss, theft or damage of the received messages, postal and merchandise consignments, also for the delay of the delivery or forwarding is expressly excluded. The costs of delivery and forwarding will be charged to the business partner or the guest.
Within the scope of its services, Boutique Hotels Sauerland GmbH assumes the free transportation of persons and luggage only in case of request, but subject to change. The liability for personal injury and property damage is limited to the settlement obligation from the statutory motor vehicle insurance. Liability for loss of luggage and delays in transportation is fully excluded. However, Boutique Hotels Sauerland GmbH also expressly reserves the right to offer transport services such as luggage service, shuttle service, etc. against payment.
Pets are not allowed in the hotel. (Exception: therapy and guide dogs; proof required) In case of non-observance, Boutique Hotels Sauerland GmbH will charge a cleaning fee of € 150,00 per day and dog.
At check in, Boutique Hotels Sauerland GmbH reserves the right to authorize a credit card in order to secure the payment of services incurred at the hotel. Alternatively, payment can be made in cash or by EC card directly at check in.
Prostitution and human trafficking is prohibited and will be reported by Boutique Hotels Sauerland GmbH.
10. severability clause
If individual provisions of the Boutique Hotels Sauerland GmbH and its business partner established contract and/or the above general terms and conditions or parts thereof are or become invalid or unenforceable, the validity or enforceability of the remaining provisions or the remaining parts of the provisions as well as the contract and the conditions as a whole shall not be affected thereby. The invalid or unenforceable provisions shall be replaced by the parties with valid and enforceable provisions which are equivalent or as close as possible to the invalid or unenforceable provisions and which correspond to the economic purpose intended by the parties with the invalid or unenforceable provisions. The same shall apply in the event of an unintentional loophole.
11. collateral agreements
Deviations from the contract established between the parties as well as subsidiary agreements thereto have not been made between the parties; unless they have been made in writing.
12. place of jurisdiction
The place of jurisdiction is the business location Arnsberg, i.e. the place of performance and fulfillment of Boutique Hotels Sauerland GmbH. Deviating regulations of the business partner based on his terms and conditions are explicitly excluded by the above mentioned conditions of Boutique Hotels Sauerland GmbH.