Terms & Conditions
General terms and conditions for staying at the Waldhotel Arosa:
I. Area of application
1. These terms and conditions apply to the rental of hotel rooms for accommodation as well as to all other services provided by the hotel to the customer. 2. The subletting of rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel. Article 540 Paragraph 1 Sentence 2 of the Civil Law Code (BGB) shall not apply unless the customer is a consumer. 3. Terms and conditions set out by the customer shall apply only if this has been expressly agreed in writing in advance.
II. Conclusion of contract
Contractual partners, statute of limitation 1. The contract comes into effect upon acceptance of the customer's application by the hotel. 2. Contractual partners are the hotel and the customer. If a third party has booked for the customer, this third party shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party. 3. All claims against the hotel shall generally become statute-barred one year after the commencement of the knowledge-dependent regular limitation period set out in Article 199 Paragraph 1 of the Civil Law Code. Claims for damages shall become statute-barred after five years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
Prices, payment, additional fees 1. The hotel shall provide the rooms booked by the customer and provide the agreed services. 2. The customer shall pay the hotel's applicable or agreed prices for the provision of rooms and other services used. This also applies to services and expenses of the hotel to third parties arranged by the customer. 3. The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and fulfilment of the contract exceeds four months, and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 5%. 4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests, and the hotel agrees to such changes. 5. Invoices of the hotel without due date are payable within 10 days of receipt of the invoice, without deduction. The hotel is entitled to demand payment of accrued receivables at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to demand the applicable statutory default interest at the current rate of 8% or, in the case of legal transactions in which a consumer is involved, at 5% above the base rate. The hotel reserves the right to prove higher damages. 6. The hotel shall be entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract. 7. The customer may only offset or reduce an undisputed or legally binding claim against a claim of the hotel.
IV. Withdrawal from contract by the customer
(i.e. cancellation of services, booking cancellation) and non-use of hotel services 1. A withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price shall be paid even if the customer does not make use of contractual services. This shall not apply if the hotel violates its obligation to take into account the rights, legal interests and interests of the customer if it can no longer reasonably be expected to adhere to the contract as a result, or if it has any other legal or contractual right to withdraw from the contract. 2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until then without triggering any payment or compensation claims on the part of the hotel. The customer's right of rescission shall lapse if he does not exercise his right of rescission in writing towards the hotel by the agreed date, unless there is a case of rescission on the part of the customer in accordance with Number 1 Sentence 3. 4. The hotel shall be entitled to demand the contractually agreed remuneration and to deduct a lump sum for saved expenses. In this case, the customer shall be obliged to pay at least 80% of the contractually agreed price for overnight accommodation with or without breakfast. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
V. Withdrawal from contract by the hotel
1. If the customer's right to withdraw free of charge within a certain period has been agreed in writing, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw upon the hotel's request. 2. If an agreed advance payment or an advance payment requested in accordance with Clause III Number 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract. 3. Furthermore, the hotel shall be entitled to withdraw from the contract for objectively justified reasons, for example if:
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract.
- rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose of the booking.
- the hotel has good reason to believe that the use of the hotel's services may jeopardise the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organisation.
- there has been an infringement of Clause I Number 2 above.
4. In the event of justified withdrawal from contract by the hotel, the customer shall not be entitled to claim damages.
VI. Provision of rooms
including check-in and check-out 1. The customer is not entitled to provision of specific rooms. 2. Booked rooms are available from 16:00 on the agreed day of arrival. The customer is not entitled to earlier availability. 3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) until 18:00 due to the delayed vacating of the room for its use in excess of the contract, and 100% from 18:00 onwards. This shall not constitute any contractual claims on the part of the customer. The customer shall be at liberty to prove that the hotel has no or a substantially lower claim to usage fees.
VII. Liability of the hotel
1. The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. The customer shall not be able to claims for damages from the hotel. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel, and damages which are based on an intentional or negligent breach of contract typical duties of the hotel. A breach of duty on the part of the hotel shall be equivalent to a breach of duty on the part of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel's services, the hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum. 2. The hotel shall be liable to the customer in accordance with the statutory provisions for items brought into the room, i.e. up to 100 times the room rate, up to a maximum of €3,500, and for money, securities and valuables up to a maximum of €800. Money, securities and valuables may be stored in the room safe up to a maximum of €800 and in the hotel safe up to a maximum of €20,000. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (Article 703 Civil Law Code). The above Number 1 Sentences 2 to 4 shall apply mutatis mutandis to any further liability of the hotel. 3. If the customer is provided with a parking space in the hotel garage or in a hotel car park, even in return for payment, this does not constitute a custody agreement. The hotel shall not be liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, except in cases of intent or gross negligence. The above Number 1 Sentences 2 to 4 shall apply mutatis mutandis. 4. Wake-up requests are carried out by the hotel with the greatest care. Messages, mail and consignments for the guests are handled with care. The hotel shall be responsible for delivery, storage and – upon request – forwarding of the same for a fee. The above Number 1 Sentences 2 to 4 shall apply mutatis mutandis.
VIII. Final provisions
1. Amendments or supplements to the contract, the acceptance of applications or these terms and conditions for hotel accommodation must be made in writing. 2. Unilateral changes or additions by the customer shall be ineffective. The place of performance and payment shall be the registered location of the hotel. 3 Exclusive place of jurisdiction – also for disputes relating to cheques and bills of exchange – in commercial transactions shall be the registered location of the hotel. If a contractual partner fulfils the requirements of Article 38 Paragraph 2 of the Code of Civil Procedure (ZPO) and has no general domestic place of jurisdiction, the place of jurisdiction shall be the registered location of the hotel. 4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions is excluded. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.
Concardis card payment
When it comes to card payment (direct debit/debit cards/credit cards) we work together with Concardis GmbH (Concardis), Helfmann Park 7, D-65760 Eschborn, Germany, represented by its managing directors Mark Freese, Jens Mahlke and Luca Zanotti. Within this framework, in addition to the purchase amount and date, card data are also transmitted to the above-mentioned company. All payment data as well as data on possible chargebacks are only stored for as long as they are required for payment processing (including the processing of possible chargebacks and debt collection) and for combating misuse. As a rule, the data are deleted no later than 13 months after their collection. In addition, further storage may take place if and as long as this is necessary to comply with a statutory retention period or to pursue a specific case of misuse. The legal basis for data processing is Article 6 Paragraph 1 f) of the Basic Data Protection Ordinance. You can request information and, if necessary, correction or deletion as well as the restriction of the processing of your data and/or, if necessary, object to the processing of your data. If you have any questions regarding data processing by Concardis or the assertion of your aforementioned rights, please contact the data protection officer at the address provided or by sending an e-mail to Datenschutzbeauftragter@concardis.com Furthermore, you have the right to complain to a supervisory authority (in Germany to the State Data Protection Officer). We would like to point out that the provision of payment data is neither required by law nor by contract. If you do not wish to provide your payment details, you may use another payment method (e.g. cash payment).