Terms and Conditions

The Terms and Conditions set forth below apply to Baumgartner Gaststätten Betriebe GmbH, which operates the Hotel and Restaurant Hirschen in Freiburg-Lehen.

I. Scope of Application

  1. These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging, as well as to all services and deliveries provided by the hotel to the guest.
  2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than lodging, require the prior written consent of the hotel; in this regard, Section 540(1), sentence 2 of the German Civil Code (BGB) is excluded, provided that the customer is not a consumer.
  3. The customer’s terms and conditions shall apply only if this has been expressly agreed to in writing in advance.

II. Conclusion of Contract, Contracting Parties; Statute of Limitations

  1. The contract is concluded upon the hotel’s acceptance of the customer’s request. The hotel is free to confirm the room reservation in writing.
  2. The contracting parties are the hotel and the customer. If a third party has made the reservation on behalf of the customer, that third party is jointly and severally liable to the hotel 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 generally become time-barred one year after the start of the regular limitation period based on knowledge under § 199 (1) of the German Civil Code (BGB). Claims for damages are subject to a five-year statute of limitations, regardless of when the hotel becomes aware of the claim. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
  4. We recommend purchasing travel cancellation insurance

III. Services, Prices, Payment, Setoff

  1. The hotel is obligated to reserve the rooms booked by the guest and to provide the agreed-upon services.
  2. The guest is obligated to pay the hotel’s applicable or agreed-upon rates for the use of the rooms and any additional services utilized by the guest. This also applies to services and expenses incurred by the hotel on behalf of the guest and paid to third parties.
  3. The agreed-upon rates include the applicable statutory value-added tax. If the period between the conclusion of the contract and its fulfillment exceeds four months and the rate generally charged by the hotel for such services increases, the hotel may raise the contractually agreed-upon rate appropriately, but by no more than 5%.
  4. The hotel may also change the rates if the customer subsequently requests changes to the number of rooms booked, the hotel’s services, or the length of the guests’ stay, and the hotel agrees to such changes.
  5. Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, which is currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove that it has suffered greater damages.
  6. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, in accordance with the legal provisions governing package tours. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract.
  7. The customer may only set off or reduce a claim against the hotel with a claim that is undisputed or legally enforceable.
  8. The unjustified triggering of a fire alarm will be billed at the customer’s expense.
  9. For the unjustified triggering of a fire alarm, all resulting costs will be billed to the person responsible. These costs depend on whether the fire department is dispatched, but will be at least €200.
  10. If the room or apartment is left in a condition that is dirtier than the standard upon check-out, we reserve the right to charge an additional cleaning fee. This fee depends on the degree of soiling and whether the room has been permanently damaged, with a minimum charge of €200.

IV. Customer Withdrawal (Cancellation) / Failure to Use the Hotel’s Services

  1. All cancellations must be submitted in writing.
  2. Accommodations – Individual Guests (up to 4 rooms): The applicable cancellation policy is tied to the booked rate. The applicable cancellation policy is specified in the booking confirmation. In the event of early departure (after check-in), 80% of the total invoice amount will be charged. A 21-day cancellation period applies during the Christmas and New Year’s Eve holidays. For cancellations made within the chargeable period, 100% of the total price will be charged.
  3. Accommodations – Groups (5 or more rooms): For reservations of more than 5 rooms (group arrangements), the following cancellation and rescheduling deadlines apply:
    • Up to 90 days before arrival: Full cancellation possible
    • Up to 45 days before arrival: Up to 50% of the agreed-upon nights of accommodation
    • Up to 30 days before arrival: up to 20% of the agreed-upon nights’ stay
    • Up to 10 days before arrival: up to 10% of the agreed-upon nights’ stay
  4. If the reservation includes more than 200 nights’ stay, the aforementioned deadlines are extended by 10 days each.

V. Cancellation by the Hotel

  1. If a right of the customer to cancel free of charge within a specified period has been agreed upon in writing, the hotel is, for its part, entitled to cancel the contract during this period if there are inquiries from other customers regarding the rooms booked under the contract and the customer does not waive his or her right to cancel upon the hotel’s request.
  2. If an agreed-upon advance payment or an advance payment required pursuant to Clause III No. 6 is not made even after the expiration of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
  3. Furthermore, the hotel is entitled to terminate the contract extraordinarily for objectively justified reasons, for example if:
  4. a) force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible;
  5. b) rooms are booked based on misleading or false statements regarding material facts, e.g., regarding the guest’s identity or the purpose of the stay;
  6. c) the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational responsibility;
  7. d) there is a violation of Clause I, No. 2.
  8. In the event of a justified cancellation by the hotel, the guest shall have no claim for damages.

VI. Payment – Advance Payment

  1. To confirm a reservation, the hotel may require an advance payment equal to half the cost of five nights’ stay or two package deals for three full days.
  2. If advance payments requested by the hotel are not made by the specified deadline (or, if no deadline is specified, no later than 90 days prior to arrival), the hotelier is immediately released from any agreements made.

VII. Room Assignment, Check-In, and Check-Out

  1. The guest has no right to be provided with specific rooms.
  2. Reserved rooms are available to the guest starting at 3:00 p.m. on the agreed-upon arrival date. The guest has no right to check in earlier.
  3. On the agreed-upon departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that time, if the room is vacated late, the hotel may charge 50% of the full room rate (list price) for use beyond the terms of the contract until 6:00 p.m., and 100% after 6:00 p.m. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel incurred no claim for usage fees or a significantly lower claim.

VIII. Hotel Liability

  1. The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims by the guest for damages are excluded. Exceptions to this are damages resulting from injury to life, limb, or health, if the hotel is responsible for the breach of duty, as well as other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from a breach of material contractual obligations. A breach of duty by a legal representative or vicarious agent is deemed equivalent to a breach of duty by the hotel.
  2. The hotel is liable to the guest for items brought onto the premises in accordance with statutory provisions, i.e., up to one hundred times the room rate, with a maximum of €3,500, and for cash, securities, and valuables up to €800. These may be stored in the hotel safe up to a maximum value of €20,000 or in the room safe up to €2,000. The hotel recommends taking advantage of this option. Liability claims expire if the guest does not report the loss, destruction, or damage immediately upon becoming aware of it (Section 703 of the German Civil Code (BGB)).
  3. If the guest is provided with a parking space in the hotel garage or in a hotel parking lot—even for a fee—this does not constitute a custody agreement. The hotel is not liable for the loss of or damage to vehicles and their contents, except in cases of willful misconduct or gross negligence.
  4. Wake-up calls are handled with the utmost care. Messages, mail, and packages for guests are also handled with care. The hotel will deliver, hold, and, upon request and for a fee, forward these items.

IX. Final Provisions

  1. Any amendments or additions to the contract, the acceptance of the reservation, or these Terms and Conditions must be made in writing. Unilateral amendments by the customer are invalid.
  2. The place of performance and payment is the hotel’s registered office.
  3. In commercial transactions, the exclusive place of jurisdiction is the hotel’s registered office. If a contracting party does not have a general place of jurisdiction within Germany, the hotel’s registered office shall also apply.
  4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded.
  5. Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. In all other respects, the statutory provisions shall apply.

Online Dispute Resolution Platform

Notice pursuant to Article 14(1) of the ODR Regulation:

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/