General Terms and Conditions of Contract and Travel for Accommodation at Jens Weißflog Hotel & Restaurant
I. Conclusion of the contract
With the application, the guest makes a binding offer to Appartementhotel Jens Weißflog GmbH & Co KG (hereinafter referred to as the hotel) to conclude a contract. The registration is made by the applicant also for all listed participants, for whose contractual obligations the applicant is responsible as for his own obligations. If a third party has ordered for a guest, he shall be liable to the hotel together with the guest as joint and several debtors. The contract is concluded by the acceptance of the guest’s application=registration by the hotel, the subsequent preparation of the offer and the subsequent written, timely reconfirmation of this hotel offer by the guest. The guest’s reconfirmation must be made in writing, by e-mail or fax with an approving note or signature. The deadline is stated in the offer.
If the content of the booking confirmation deviates from the content of the registration, the deviating content of the confirmation shall become binding for the guest and the hotel if reconfirmed. Otherwise, the entitlement to the services listed in the offer expires after the deadline.
II Prices/Payment
The prices are determined according to the price list valid at the time the service is provided. In the event of an increase in the VAT rate, the hotel reserves the right to adjust the agreed price by the difference if this information was not yet available at the time the offer was made. In this case, a separate notification will generally be sent. Unless otherwise agreed, the hotel’s claims are due and payable on departure, at best in cash or by EC card or Visa or Eurocard credit cards. The guest further undertakes to pay for all services or expenses of the hotel booked or utilized on site. The hotel is entitled to demand advance payments, but this will be agreed in the contract.
If services used are not paid for by the guest on departure, the outstanding debts will be collected using the means to which we are legally entitled.
III Cancellation
The guest may withdraw free of charge up to 30 days before the planned arrival date. Cancellation is only effective if it is made in writing and confirmed in writing by the hotel. Decisive for the time of withdrawal is the receipt of the declaration of withdrawal at the hotel. In the event of a later withdrawal or non-utilization, the guest is obliged to reimburse the hotel the following cancellation and processing fees:
29th – 21st day before the planned arrival 20% of the accommodation price
20th – 8th day before the planned arrival 50% of the accommodation price
07th – 01st day before the planned arrival 80% of the accommodation price
Cancellation on the day of the planned arrival or no-show 100% of the accommodation price. The hotel has the right to charge for the actual damage in the case of flat rates; this may, for example, relate to restaurant services or services already ordered from third-party providers. The hotel is obliged in good faith to reallocate unused rooms as far as possible in order to minimize or avoid cancellations. If it is possible to re-let the room, the hotel shall be responsible for charging the difference to the new tenant. The hotel reserves the right to provide evidence of higher damages. In the event of early departure, the full accommodation price must be paid. Travel cancellation insurance is not included in the travel price. It is recommended that you take out such insurance privately. As soon as cancellation costs are incurred, the hotel offers the guest the opportunity to make up the booking within six months. The price of the new booking period applies, so an additional payment may be required if the price or room category of the subsequent booking is higher. Lower prices will also be taken into account. The cancellation amount will be charged after the original departure date and only if it was not possible to re-let the room. However, if the trip is rescheduled within six months, the invoice amount will be credited in full. Please present the cancellation invoice.
IV. Liability
Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon immediate complaint by the guest. Irrespective of §§ 701 ff. BGB, the hotel shall only be liable in cases of intent or gross negligence. Safekeeping requires express agreement. Offsetting, reduction or retention are only permissible for the guest in the case of undisputed or legally established counterclaims. Any liability of the hotel – apart from §§ 701 ff. BGB – is limited to the amount of the agreed accommodation price. The limitation period for all claims of the guest is 6 months. These limitations of liability and short limitation periods shall also apply in favor of the hotel in the event of breach of obligations in the initiation of the contract, positive breach of contract and tortious acts. In the event of force majeure (fire, strike, etc.) or other hindrances for which the hotel is not responsible (e.g. threat to reputation), in particular those outside the hotel’s sphere of influence, the hotel reserves the right to withdraw from the contract without the guest/customer being entitled to any claim, e.g. for compensation. The guest is liable to the hotel for damage or loss occurring during the term of the contract, unless the damage is the responsibility of the hotel but was caused by a third party and the third party actually provides compensation, which must be proven by the guest in each case. The guest is liable for the loss of keys (room, ski depot) (cost of replacement €70/key).
V. Room provision. – Handover and return
The guest does not acquire any claim to the provision of specific apartments, junior suites or suites, as the hotel must reserve the right to exchange rooms even if reference is made to a specific room in the confirmation.
Booked rooms are available to the guest from 3 p.m. on the day of arrival. The guest is not entitled to earlier availability. Arrival must take place by 6 p.m. on the agreed day, unless a later arrival is agreed in writing with the hotel. Otherwise, the hotel may allocate the booked room to someone else. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10.00 am. After 1 p.m., the hotel may charge 90% of the list price for use of the room in excess of the contract due to the delayed vacating of the room. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.
VI Pets & Smoking, cannabis use prohibited throughout the hotel grounds
Dogs are not allowed in the rooms or the lodge. Smoking of all substances, tobacco and cannabis is prohibited in all rooms. This is clearly indicated by signs. If the smell of smoke or a traveling dog is detected in the room, a basic cleaning fee of € 200 will be charged. The unauthorized accommodation of dogs requires an immediate departure.
V. Final provision
Deviating agreements or ancillary agreements must be made in writing to be valid. Should individual provisions of the contract – including these terms and conditions – be invalid, this shall not affect the validity of the remaining provisions.
Thank you, your Jens Weißflog team
2024 / Version 3
Jens Weißflog Hotel & Restaurant
Emil-Riedel-Straße 50
09484 Oberwiesenthal
Telefon: +49 (0) 373 48 / 10 0
E-Mail: hotel@jens-weissflog.de
Webseite: www.jens-weissflog.de