I. Scope
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and supplies provided to the customer by the company “Alte Schlossbrauerei”. The proprietor of “Alte Schlossbrauerei” is Martina Heyden-Smentek.
2. Subletting or re-letting the rooms provided, as well as their use for purposes other than accommodation or overnight stays, requires the prior written consent of the proprietor.
3. The customer's terms and conditions apply only if this has been expressly agreed in writing in advance.
II. The Contract
1. The accommodation contract (rental contract) or event contract is concluded as soon as the hotel room or event is booked and the booking confirmation or the offer for the planned event, signed by the guest, has been received by Alte Schlossbrauerei by fax, email or post within the period stated in the order confirmation or offer, or, if written confirmation was no longer possible for time reasons, has been made available.
2. The conclusion of the accommodation contract (rental contract) or event contract obliges both parties to perform the contract, regardless of the duration for which the contract has been concluded. For contracts concluded more than 40 days before arrival, either party is entitled to withdraw from the contract free of charge, without stating reasons, by unilateral declaration, provided that the declaration reaches the other party no later than forty calendar days before the agreed arrival date / event date. If the agreement covers more than 30 overnight stays per booking, the above period is extended by 30 days. For events, the period is 40 days.
3. Tentative or option dates are binding for both parties. The proprietor of Alte Schlossbrauerei reserves the right to re-let the reserved rooms and function rooms after the tentative or option dates have expired.
4. The contractual partners are the proprietor of Alte Schlossbrauerei and the customer. If a third party places the booking for the customer, that third party shall be liable to the proprietor of Alte Schlossbrauerei together with the customer as joint and several debtors for all obligations arising from the accommodation contract, provided that the proprietor of Alte Schlossbrauerei has a corresponding declaration from the third party.
5. The proprietor of Alte Schlossbrauerei is liable for her obligations under the contract. In areas not specific to the services owed, liability is limited to intent and gross negligence on the part of the proprietor of Alte Schlossbrauerei.
6. The limitation period for all claims of the customer is six months.
7. This limitation of liability and short limitation period also apply in favor of the proprietor of Alte Schlossbrauerei in the event of breaches of obligations during contract initiation and culpa in contrahendo.
III. Arrival and Departure
1. Unless otherwise agreed in writing, reserved rooms are available to the guest from 3:00 p.m. on the day of arrival.
2. Rooms must be vacated by 11:00 a.m. on the day of departure at the latest. In the event of late vacating by 6:00 p.m., and unless otherwise agreed, 70% of the room rate is payable; after 6:00 p.m., 100% of the room rate is payable.
3. Unless a later arrival time has been expressly agreed, the hotel reserves the right to reassign ordered hotel rooms after 6:00 p.m.
IV. Services, Prices, Payments, Offsetting
1. The guest has no entitlement to the provision of specific rooms or premises. If the agreed premises are not available, the proprietor of Alte Schlossbrauerei is entitled and obliged to make efforts to provide at least equivalent replacement accommodation on the premises or in other properties.
2. The hotel's catering service generally ends with breakfast on the customer's day of departure.
3. Refunds for paid services not used are excluded.
4. Prices are based on the price list valid at the time the contract is concluded, unless otherwise agreed. If the period between conclusion of the contract and provision of the service exceeds four months, the proprietor reserves the right to make price changes unilaterally and without prior notice, insofar as these are objectively justified and reasonable in the individual case.
5. All prices are inclusive prices and include service charge and statutory VAT. If the statutory VAT rate changes after the contract has been concluded, the agreed price shall change accordingly.
6. Hotel invoices without a due date are payable immediately upon receipt of the invoice without deduction. The proprietor of Alte Schlossbrauerei is entitled to demand immediate payment of accumulated claims at any time. In the event of late payment, the proprietor of Alte Schlossbrauerei is entitled to charge interest at 4% above the respective discount rate of the Deutsche Bundesbank.
7. An appropriate advance payment may be required at any time for reservations and events. Failure to make the required advance payment on time entitles the proprietor of Alte Schlossbrauerei to withdraw from the contract after the contract has been concluded.
V. Cancellation by the Customer (Cancellations, Cancellation)
1. Any withdrawal by the customer from the contract concluded with the owner of Alte Schlossbrauerei must be submitted in writing to Alte Schlossbrauerei and requires the owner’s consent. If consent is not granted, the agreed price under the contract must still be paid even if the customer does not make use of the contractual services. This does not apply in cases of delay in performance by Alte Schlossbrauerei or impossibility of performance for which it is responsible.
2. If a date for withdrawal from the contract has been agreed in writing between the owner of Alte Schlossbrauerei and the customer, the customer may withdraw from the contract up to that date without triggering any payment or damages claims by the owner of Alte Schlossbrauerei. The customer’s right of withdrawal expires if the customer does not exercise the right to withdraw in writing vis-à-vis the owner of Alte Schlossbrauerei by the agreed date, unless there is a case of delay in performance by Alte Schlossbrauerei or impossibility of performance for which it is responsible.
In all other cases, the following rules apply:
- Cancellations between including the 30th and including the 15th day before the respective services are provided: 40% of the ordered / reserved services will be charged.
- Cancellations between including the 14th and including the 8th day before the respective services are provided: 60% of the ordered / reserved services will be charged.
- Cancellations between including the 7th and including the 3rd day before the respective services are provided: 80% of the ordered / reserved services will be charged.
- Cancellations within 48 hours before the respective services are provided: 100% of the ordered / reserved services will be charged.
The cancellation charges will be reduced by any amounts obtained by re-renting the cancelled rooms or recharging the services for the ordered / reserved date by Alte Schlossbrauerei. The above cancellation fees also apply if only part of the ordered / reserved services is cancelled by the guest, whereby the stated flat rates apply to the part of the services that was cancelled, or if the guest does not make use of the ordered / reserved services without express cancellation.
4. For rooms not used by customers, the owner of Alte Schlossbrauerei shall credit the income from any other rental of the rooms as well as the expenses saved.
5. If rooms are booked in connection with an event (e.g. Easter, Christmas, New Year's Eve...), the flat-rate cancellation compensation due to the owner of Alte Schlossbrauerei in the event of cancellation up to 31 days before arrival amounts to 50% of the agreed package price. In the event of cancellation less than 31 days before arrival, the cancellation compensation amounts to 80% of the contractually agreed package price.
6. Group bookings from 10 persons: If a group booking is cancelled in full, the percentages stated under V. / 2. increase by 10% each. If the reservation comprises more than 80 overnight stays, the deadlines are extended by 30 days each.
7. The following cancellation periods apply to an agreed event and the provision of rooms:
- more than 30 days: no charge for provision
- 29th to 15th day: charge for provision costs
- 14th to 8th day: charge for provision costs plus compensation of 33% of the lost turnover (food); if this has not yet been specifically determined, the following applies:
minimum banquet menu price x number of persons, as well as 100% of third-party services.
- 7th to 3rd day: charge for provision costs plus 66% of the lost turnover (food); if this has not yet been specifically determined, the following applies:
minimum banquet menu price x number of persons, as well as 100% of third-party services.
VI. Miscellaneous
1. Animals may in principle not be brought into the hotel / restaurant (indoor area) or the experiential dining area.
2. Wake-up calls will be carried out by the hotel with the greatest possible care. Claims for damages arising from incorrect performance are excluded.
3. Information is provided to the best of our knowledge. Claims for damages are also excluded here.
4. Lost property will only be forwarded on request. At the owner’s discretion, it will be handed over to the local lost property office.
VII. Final Provisions
1. The invalidity of individual provisions of the contract or of these terms and conditions shall not affect the validity of the remaining provisions or conditions.
2. For all disputes between the customer and the owner of Alte Schlossbrauerei, to the extent permitted by law, the court at the company’s place of business of Alte Schlossbrauerei shall be agreed as the place of jurisdiction.
3. The law of the Federal Republic of Germany shall apply
ALTE SCHLOSSBRAUEREI
Restaurant * Hotel * Experiential Dining
You can reach our team at:
+49(0)39833 20346
info@alte-schlossbrauerei.de
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