Scope of application

• These Terms and Conditions apply to all contracts and business relationships with Parkhotel Schmid GmbH and its vicarious agents (hereinafter collectively referred to as the “Hotel”), in particular, however, to the rental of hotel rooms for accommodation, the rental of conference and event rooms for the organization of events such as conferences, banquets, meetings and events as well as all other services and deliveries provided by the Hotel for the customer.
• The subletting or re-letting of the rooms provided and their use for purposes other than those agreed require the prior written consent of the hotel.
• Contractual partners (hereinafter referred to as “customers”) with reference to these terms and conditions are both consumers and entrepreneurs within the meaning of §§ 13, 14 BGB (German Civil Code).

Conclusion of contract, contractual partner

• The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the contract.
• The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is free to confirm the booking in writing. However, a confirmation may be requested by the customer.
• Option dates are binding for both contracting parties and must be in text form. If the agreed option date is exceeded without written confirmation, the hotel is free to cancel the option.

Services, prices, payment, complaints

• The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
• The customer is obliged to pay the hotel for the services ordered and used by him or the agreed prices. This also applies to services and expenses of the hotel to third parties arranged by the customer.
• In the case of conferences and events of any kind, the customer undertakes to inform the hotel in writing of the final services or food and beverage selection and the number of persons no later than 7 days before the start of the event. This information shall be deemed to be a guaranteed part of the contract and shall be taken into account accordingly in the final invoice. Orders of any kind placed after the first deadline will be charged separately according to the hotel’s list prices available at the time of the order; this applies in particular to drinks, food and increases in the number of persons and rooms.
• If the number of participants deviates by more than 10% upwards or downwards, the hotel is unilaterally entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer in individual cases.
• Reserved rooms are only available to the client at the time agreed in writing. Any use of the rooms beyond the agreed period requires the prior written consent of the hotel. The hotel reserves the right to invoice the additional usage time separately.
• Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival at the earliest. The customer is not entitled to earlier availability.
• 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. Thereafter, in the event of late vacating of the room, the hotel may charge 50% of the currently valid daily room rate for its use in excess of the contract until 6 p.m., and 100% from 6 p.m. onwards.
• The prices quoted are not commissionable unless this has been expressly agreed in the contract.
• All prices are quoted in euros and include statutory VAT. Parkhotel Schmid GmbH reserves the right to change services or increase prices if the period of 120 days between the conclusion of the contract and the provision of services is exceeded, as well as at the turn of the year. If the statutory value added tax is increased, the prices will be adjusted accordingly.
• For services not specified in the contract, the official price lists valid at the time the service is provided shall apply.
• Invoices are payable within 14 days of the invoice date without deduction in cash or by bank transfer. After expiry of this period, standard bank default interest of 5% above the prime rate will be charged. In addition, the hotel may charge a fee of € 5.00 per reminder in the event of default.
• The hotel is entitled to demand a reasonable advance payment or security deposit upon or after conclusion of the contract. If the agreed advance payment is not made, in particular if the agreed payment deadline expires, the hotel reserves the right to withdraw from the contract and to charge any costs incurred as a result of the termination of the contract.

Withdrawal by the customer (cancellation, withdrawal) / non-utilization of services (no show)

• Withdrawal by the customer from the contract concluded with the hotel as well as a reduction in services must be made in text form and also requires the written consent/confirmation of the hotel. If this is not done and the hotel is unable to sublet the room at short notice, the agreed price from the contract must be paid even if the customer does not make use of contractual services.
• Individual reservations (up to 4 rooms): Cancellation free of charge is possible until 6 pm on the day of arrival. Later cancelations will be charged with 80% of the booked service.
• Group reservations (5 rooms or more), conferences & events: Cancellation free of charge is possible after conclusion of a legally binding contract up to six weeks before arrival.

In the event of cancellation, the following cancellation rates will be charged:

from the 41st day before arrival 60 % of the booked services

from the 13th day before arrival 80% of the booked services

A free reduction in benefits is possible as follows:

up to 28 days before arrival/event start > up to 20% of the originally booked services

up to 7 days before arrival/event start > up to 10% of the remaining booked services

up to 1 day before arrival / start of event until 6 p.m. > up to 5% of the remaining booked services

• The hotel is at liberty to agree to deviating cancellation conditions in the contract (e.g. higher booking volume, weddings, trade fairs, etc.).
• The above provisions on compensation shall also apply accordingly if the guest does not make use of the booked room or the booked services without notifying us in good time (no show).

Withdrawal of the hotel

The hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular in the event of:

• in the event of non-payment of the agreed advance payment;
• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• rooms are booked with misleading or false information about essential elements of the contract, e.g. the person of the customer or the purpose;
• the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organization;

In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.

Hotel liability, statute of limitations

• The hotel shall be liable in accordance with the statutory provisions for all damages arising from injury to life, limb or health, as well as in the event of the assumption of a guarantee by the hotel and in the event of fraudulently concealed defects. For all other damages caused by slightly negligent behavior of the hotel, its legal representatives or its vicarious agents, the hotel is only liable if these damages are due to the breach of a material contractual obligation or a cardinal obligation in a manner that jeopardizes the purpose of the contract. In such cases, liability shall be limited to the foreseeable damage typical for the contract. Excluded from this are gross negligence and/or intent.
• The hotel is liable to the guest for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but no more than € 3,500.00. For valuables (cash, jewelry, etc.), this liability is limited to € 800.00. The hotel recommends that guests make use of the option of storing items in the hotel safe.
• No liability can be accepted for vehicles, objects left in the vehicle or live animals.
• Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon immediate complaint by the customer. If the customer culpably fails to notify the hotel of a defect, the customer shall not be entitled to a reduction of the contractually agreed remuneration.
• Complaints about obvious defects can only be considered if they are made immediately upon provision of the service. Hidden defects that cannot be recognized by the customer remain unaffected. Excluded from this is non-coverage due to gross negligence.
• The guest’s claims for damages shall become time-barred after two years from the time at which the guest becomes aware of the damage or, irrespective of this knowledge, after three years from the time of the damaging event at the latest. This does not apply to liability for damages resulting from injury to life, limb or health or for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.

Customer liability

• The customer/client has a duty of care for all areas and equipment of the hotel. In the event of negligent or willful damage through the fault of the client or his guests, the costs of replacement or repair will be charged.
• The customer shall bear sole liability for objects or materials left behind in generally accessible rooms and event rooms of the hotel.
• The attachment of decorative materials, adhesive strips, nails, etc. to the walls and furnishings of the hotel without the written permission of the management is prohibited. In the event of damage, the costs of repair and/or replacement will be charged to the client.
• In the case of exhibitions or presentations of various exhibits, appropriate insurance must be taken out if necessary, as the hotel accepts no liability for any damage.

Other agreements

• Copyright: The Contractual Partner may only use the name, trademarks and images of the Hotel in the context of advertising its event after prior consultation with the Hotel.
• Food and drinks brought into the hotel: It is not permitted to bring food and drinks into the public or rented areas of the hotel and consume them. In approved exceptional cases, a service charge or corkage fee will be charged.
• Music events: The customer shall be responsible for handling the necessary formalities and settlements with the responsible institutions (e.g. GEMA) in the context of self-arranged music performances and sound reinforcement.
• Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, with the exception of gross negligence and/or intent, are excluded.
• Messages, post and consignments are handled with care. The hotel will take care of the delivery, storage and – on request – forwarding of the same for a fee and, on request, also for lost property. Claims for damages, with the exception of gross negligence and/or intent, are excluded.
• Breakfast: The hotel reserves the right to serve breakfast for hotel occupancy of less than 10 persons (instead of providing it at the buffet).
• Fire protection: Decorative material and other items brought along must fully comply with fire protection requirements.
• Fire alarm system: The customer is obliged to inform himself about the applicable fire protection and fire regulations by means of information material available in the hotel.

Final provisions

• Amendments or additions to the contract and ancillary agreements must be made in text form to be effective. Unilateral amendments by the customer are invalid.
• By signing the reservation confirmation / contract, the present General Terms and Conditions are recognized as an integral part of the contract. The customer’s terms and conditions shall only apply if this has been expressly agreed in advance in text form.
• The current “Guidelines for Events” and the data protection regulations of Parkhotel Schmid GmbH are part of the contract.
• Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions.
• The place of jurisdiction for all contracting parties is Augsburg. The place of performance for all contracting parties is Adelsried.
• These terms and conditions and the underlying contracts between the hotel and the customer are subject to the law of the Federal Republic of Germany.
• The current version of the General Terms and Conditions can be viewed at parkhotel-schmid.de.