General Terms and Conditions
Best Western Elbland Hotel - Weinböhla, Dresden
I. General terms and conditions
1. Field of application
The usage of our rooms as well as all of our performance and deliveries. They assert our rights against consumers and companys unless we arrange modified differentiations in each article for each party.
2. Offering and conclusion of the contract
The booking request and our appropriate acceptance (booking confirmation) guarantee the conclusion of the contract. This can be in written, by word of mouth, or telephonically.
3. Prices and conditions of payment
• For the contractual term the guest is obligated to pay for the contract price for the service and the room.
• The prices are inclusive of any Value Added Tax. In case if there are four months from the conclusion of the contract to the supply of the service in between, contractual charge can be retroactively adjusted to the current charge rate. Cancellation of a contract will be only possible if the charge increase is more than 5%.
• The payments to the Best Western Elbland Hotel to be made by the client are to be made immediately with the receipt of the invoice. Paying by cash does not accept cutting charges. The client will be behind schedule with his payment after 30 days of the invoice’s payment date. We can claim 3 Euro for each reminder.
• Despite tables of general acceptance of any credit cards the hotel can decide which credit card is accepted or not in every single case. The acceptance of checks, credit cards and other similar means of payment are only accepted on account of performance.
• During and after the conclusion of a contract we are authorized to demand a reasonable deposit. Furthermore we are authorized to ask for a bill at any time during the residency of our guest.
• The default of only one payment authorized us to delete all other performances with the guest which he could have in the future. The condition is that a default according to clause (3) has happend and we have had informed the guest about the consequences.
4. Reservations
• If rooms or miscellaneous services (food for example) are reserved on options, they are going to be effectual for both parties of the contract. After the expiration of the option we do not have to confer with the client.
• Reserved rooms and confirmed by us are available at 2 pm at the arrival day during weekdays and on the date of departure at 6 am. We are authorized but not committed to give those rooms to other guest after 6 pm unless a late arrival time was specially agreed with us.
5. Liability for damages
• Our liablity is limited for contractual neglect of duty as well as crimes and gross carelessnesses. This does not apply for bodiliy injury, body and health of the client, and demands due to the violation of the cardinal obligation (§ 268 BGB). In this respect we accept the liability when we are at fault.
• We are liable for the personal stuff of our client (at the most to € 3.500). The liablity of articles of value ( jewelery, cash..) are limited to € 800 (for savings in our safe until € 2000).
• We are not liable for your car while it is parked in our parking lot. We do not have a deposit contract with you, although we offer you a parking space on our premises. We are only liable for gross negligence and intent.
6. Cancellation of the contract
• The client reserves the right to terminate the contract.
• If the client does not make use of the room and service which he has booked because of cancellation of the contract or because of other reasons we are entitled of the following benefits:
free cancellation
01 - 03 beds are free on the day of arrival
04 - 08 beds 2 days before the day of arrival
09 - 20 beds 4 days before the day of arrival
21 - 30 beds 60 days before the day of arrival
The client is liable for the fulfilment of our requirements, for damages resulting from non-fulfilment of these requirements he has to pay the reservation costs amounting to 75%.
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We accept a reduction of the amount of rooms or days only in written form. The cancellation fee is going to be reduced to the amount, until the reserved rooms and services are booked by an other client. We also would arise the additional cancellation fee when the client cancels only particulary services an/or rooms. We can show the confirmation over the demages to the client whenever he demands them.
• The cancellation fee of external services (sight-seeing tours, museum tickets, etc.) depend on the cost of each external contractor. As a rule the full price of the external service has to be paid.
7. Cancellation of the hotel
• We are authorized to cancel the contract due to important reasons. Particulary if factors such as flood or strike make it impossible for us to fulfil the contract.
• When the room is booked under wrong personal data or reasons regarding the booking behavoiur.
• When we can assume that the usage of our hotel service, the hotel security or the prestige of our hotel are threatened by external influence.
• When we know that the client is unable to pay the invoice, particulary when outstanding debts exist.
• When the client went into administration, has given a statutory declaration according to § 807 ZPO or an insolvency proceeding is opened.
• Of all above named points the client does not have any entitlements to damages.
8. Particular responsibilities
• The room has to be left until 12 pm on the day of departure. After 12 pm the client has to pay the full price of the room for further usage.
• The consumption of food and drinks is not allowed in the hotel lobby.
9. Place of delivery - court of jurisdication
• Unless otherwise agreed the place of delivery and payment are the place of business.
• Your booking is governed by german law and its subject to the exclusive jurisdication of German courts.
10. For workshops, conferences,banquets and groups for workshops, conferences and banquets as well as for groups special terms and conditions are essential. These terms and conditions can be found under figure II. and figure III.
II. Special terms and conditions for workshops, conferences and banquets
• Organizer
An organizer is a person who appears as a contractor in our hotel. If this person is not the actual contractor, the real contractor and the authorized person are both codebtors. Unless the parties agree otherwise.
• Baquets, Workshops
Banquets are bigger arrangements such as weddings, dances etc. Workshops or conferences are for example discussion rounds, lectures etc.
• Offer and conclusion of the contract
The booking request of the organisator and our appropriate acceptance (booking confirmation) guarantee the conclusion of the contract as well as the organisators payment in advance.
• Number of participants and und Couvert-guarantee
The number of participants which the organisator has specified at the reservation are mandatory. If the organisator is not able to give at the reservation a mandatory number of his participants, minor variations are possible. However, in this case the organiser has to advise the exact number of its participants not later than 5 days before the event. Otherwise we would disclaim liablilities for the number of participants who haven´t been registered at the mentioned day.
• If the number of participants is above the number of the reservation or above the 5 days we will account for the actual participants. If the number of participants is below the number of the reservation we will account at the basis of the reservation. For cancellations the same regulations as in I figure 6 exist.
Cancellation of organisations through the hotel
• We are authorized to cancel the contract due to important reasons. Particulary if factors such as flood or strike make it impossible for us to fulfil the contract.
• When we can assume that the usage of our hotel service, the hotel security or the prestige of our hotel are threatened by external influence.
• When we know that the client is unable to pay the invoice, particulary when outstanding debts exist.
• For political or religious activities or when the organisator is a member of a political or religious consoildation the contract requires figure II.3. and the written conformation of our director to be effective.
• When the room is booked under wrong personal or organizational data I figure 7 and I figure 6 apply.
• Of all above named points the client does not have any entitlements to damages.
• Cancellation
I figure 6 is essential
• Official acceptance and rates, GEMA
The organisator is responsible to be licenced for the accomplishment of his organisation. He has the responsibilty for public obligations and other instructions.
Own equipment
• Own decoration or other articles are only allowed with our approval.
• The organisator is not allowed to offer own food and drinks. Special cases (national specialities etc.) are only allowed with our approval. These written agreements include a service fee and a tip.
• Liability
The organisator is liable for the damage or loss of our furnishing and inventory, which are caused by the participants during the assembling and disassembly,without fault proof. The placement of items such as exhibits, decoration materials, demonstration devices etc. are at the organisators risk and they need our approval.
• The local fire, police and safety regulations must be followed carefully. Articles of value have to be insured by the organisator. All items have to be removed from the hotel after 24 hours of the organisation.
For the rest of the liabilities the general term and conditions of liabilites remain effective (chapter I).
• Extension and additional performance
Reserved rooms are only available for the organisator at the agreed space of time. An usage above this time needs a special agreement with our hotel management.
• In addition to the agreed performances the organisator has to pay accuring costs such as telephone and bar. He also has to pay for additionally ordered food and drinks. If this does not occur, the organisator is jointly and severally liable.
• Miscalleneous
The above mentioned general terms and conditions remain as in chapter I.
III. Special business conditions for groups
• Price
The prices for groups are special and they need a written approval. If no written agreement of this procedure exist, our valid group prices are applicable.
• Reservation
• Basically II figure 3 is essential.
• The effectiviness of each reservation of a group is guaranteed when 50% of the total price is paid in advance. We have to achieve the advanced payment 30 days before the group arrives to guarantee the effectiveness of the reservation.
• The guest has the right to withdraw from the contract at any time
If the client does not make use of the room and service which he has booked because of cancellation of the contract or because of other reasons we are entitled of the following benefits:
free cancellation
01 - 03 beds are free on the day of arrival
04 - 08 beds 2 days before the day of arrival
09 - 20 beds 4 days before the day of arrival
21 - 30 beds 60 days before the day of arrival
The client is liable for the fulfilment of our requirements, for damages resulting from non-fulfilment of these requirements he has to pay the reservation costs amounting to 75%. We accept a reduction of the amount of rooms or days only in written form. The cancellation fee is going to be reduced to the amount, until the reserved rooms and services are booked by an other client. We also would arise the additional cancellation fee when the client cancels only particulary services an/or rooms. We can show the confirmation over the demages to the client whenever he demands them.
• The cancellation fee of external services (sight-seeing tours, museum tickets, etc.) depend on the cost of each external contractor. As a rule the full price of the external service has to be paid.
• Miscalleneous
In addition to the agreed performances the organisator has to pay accuring costs such as telephone and bar. He also has to pay for additionally ordered food and drinks. If this does not occur, the organisator is jointly and severally liable.
The above mentioned general terms and conditions remain as in chapter I.
Weinböhla, März 2005
