General terms and conditions

General Terms and Conditions for Accommodation at Jens Weißflog Hotel & Restaurant

I. Conclusion of the contract
By submitting an 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 application is made by the applicant also for all listed participants, for whose contractual obligations the applicant is liable as for his own obligations. If a third party has ordered for a guest, he is liable to the hotel together with the guest as joint and several debtors. The contract is concluded by the hotel’s acceptance of the guest’s application=registration, the subsequent preparation of the offer and the subsequent written, timely reconfirmation of this hotel offer by the guest. The reconfirmation of the guest must be made in writing, by mail or fax with an approving note or signature. The deadline is stated in the offer. If the content of the booking confirmation differs from the content of the registration, the differing content of the confirmation becomes binding for the guest and the hotel if reconfirmed. Otherwise, the claim to the services listed in the offer expires after the deadline.  
II. Prices/Payment
Prices are determined according to the price list valid at the time of service provision. In case of changes in the VAT rate the hotel reserves the right to adjust the agreed price by the difference. In this case, a separate information will generally be provided. Unless otherwise agreed, the hotel’s claims are due and payable upon departure, at best in cash or by EC card or the credit cards Visa or Visa or Eurocard credit cards. The guest is also obligated to pay for all services booked or used on site or for all or expenses of the hotel. 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 at the time of departure, the outstanding debts will be collected using the means to which we are legally entitled.  
III. Cancellation
The guest can withdraw free of charge up to 30 days before the planned arrival. The withdrawal is only effective if it is made in writing and confirmed in writing by the hotel. The date of receipt of the notice of withdrawal by the hotel is decisive for the date of withdrawal. In the event of a later cancellation or non-occupancy, the guest is obligated to reimburse the hotel for the following cancellation and processing fees: 29th – 21st day before the scheduled arrival 20% of the accommodation price. 20th – 8th day before the planned arrival 50% of the accommodation price 8th – 1st 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 specific damage in case of packages, this may concern e.g. restaurant services or services already ordered from third party suppliers. The hotel is required in good faith to assign unused rooms elsewhere if possible in order to keep losses as low as possible or to avoid them. If it is possible to assign the room elsewhere, it is incumbent upon the hotel to charge the difference to the new rental. The hotel reserves the right to prove 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 to take out such insurance privately. Once cancellation costs are incurred, the hotel offers the guest to make up the booking within half a year. The price of the new booking period applies, so an additional payment may be required if the price or room category of the catch-up booking is higher. Lower prices will also be taken into account. The amount will be invoiced after the original departure date if it was not possible to re-book the room. However, the invoice amount will be credited again after the rebooking has been redeemed within the half year.  
“Corona Clause”:
Should you yourself be unable to arrive due to a corona illness or quarantine order and can prove this, the hotel will override the cancellation policy. Cancellation is then free of charge until the day of arrival for you and the persons traveling in the same room as a gesture of goodwill. However, if there are multiple rooms booked, this will not prevent the remaining rooms from being booked. Also, the hotel must reserve the right to cancel the trip without recourse on the part of the guests until the day of arrival due to official orders for closure or quarantine requirements of the staff or unavoidable hotel closures in connection with Corona.  
IV. Liability
In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation upon the guest’s immediate complaint. remedy. Irrespective of §§ 701 ff. BGB (German Civil Code), the hotel shall only be liable in the event 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 periods of limitation 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 tort. In the event of force majeure (fire, strike or similar) or other impediments for which the hotel is not responsible (e.g. damage 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 damages. For damages or losses that occur during the contract period, the guest is liable to the hotel, unless the damage is in the the hotel, but was caused by a third party and the third party actually pays compensation, which must be proven by the guest. to be proven by the guest.  
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 even if a specific room is referred to in the confirmation. Booked rooms are available to the guest from 14:00 on the day of arrival. The guest has no right to earlier availability. Arrival must take place by 6:00 p.m. on the agreed day, unless a later arrival is agreed in writing with the hotel. Otherwise, the hotel may assign the booked room to someone else. On the agreed departure day, the rooms must be vacated and made available to the hotel by 10:00 am. Thereafter, the hotel may charge 90% of the list price due to the late vacating of the room for its use in excess of the contract. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.  
VI. Pets & Smoking
Dogs are not allowed in the hotel. Smoking is prohibited in all rooms. This is clearly indicated by signs. If the smell of smoke is detected in the room, the hotel will charge a basic cleaning fee of €200 for the room.  
V. Final clause
Any deviating agreements or ancillary agreements must be in writing in order to be effective. Should individual provisions of the contract – including these terms and conditions – are invalid, this shall not affect the validity of the remaining provisions. Thank you Your Jens Weißflog – Team 2021 / Version

Jens Weißflog Hotel & Restaurant
Emil-Riedel-Straße 50
09484 Oberwiesenthal

Telefon: +49 (0) 373 48 / 10 0

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