General Terms and Conditions of Business of Kurgesellschaft Schlema mbH
Accommodation and Package Offers
1. These terms and conditions of business apply to
- Treatment packages in the Kurmittelhaus Health Spa and Wellness Centre (without accommodation)
- The rental of hotel rooms in the Kurhotel Bad Schlema
- The rental of rooms in the Kulturhaus AKTIVIST
- All other services provided by the Kurhotel Bad Schlema, the Health Spa and Wellness Centre or the Kulturhaus AKTIVIST for the guest
These terms and conditions do not apply to travel packages pursuant to Section 651 a ff. German Civil Code [BGB].
2. A booking, which can be made verbally, in writing, by phone, e-mail or fax, is an offer by the guest to conclude a contract with Kurgesellschaft Schlema mbH on the basis of the description of the travel service or other services and the associated conditions. The contract comes into being when the guest receives a booking confirmation from Kurgesellschaft Schlema mbH (in writing, by e-mail or by phone).
If a third party has booked on behalf of the guest, this third party, together with the guest, shall be jointly and severally liable to Kurgesellschaft Schlema GmbH for all obligations under the contract.
3. The General Terms and Conditions of Business for Online Sales of Kurgesellschaft Schlema mbH and the respective rules and regulations applying to its facilities apply in addition.
4. Terms and conditions of business of the customer will only apply if this has been expressly agreed in writing beforehand.
II Provision of services, payment
1. Kurgesellschaft Schlema mbH is obliged to provide the services booked by the guest.
2. The guest is obliged to pay the applicable or agreed price for the services used by him/her. This shall also apply to services procured from and expenses incurred by third parties at the instigation of the guest.
3. Unused services will not be reimbursed, nor are they transferable or deductible.
4. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by Kurgesellschaft Schlema mbH for such services increases, Kurgesellschaft Schlema mbH is entitled to increase the contractually agreed price within reason, but by no more than 5%.
5. The prices may also be varied if the guest requests any subsequent changes and Kurgesellschaft Schlema mbH agrees to them.
6. Invoices issued by Kurgesellschaft Schlema mbH without a due date are payable without deduction within 10 days of receipt. Kurgesellschaft Schlema mbH is entitled to declare at any time that accrued receivables are due and to demand immediate payment. If the guest is in default of payment, Kurgesellschaft Schlema mbH is entitled to charge the applicable statutory rate of interest on arrears, which is currently 8% or, for legal transactions in which a consumer is involved, 5% above the base rate of interest. Kurgesellschaft Schlema mbH reserves the right to provide proof of higher damages.
7. Kurgesellschaft Schlema mbH is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal regulations concerning package travel. The amount of the advance payment and the payment dates may be agreed in writing in the contract. Unless agreed otherwise, the full price is payable upon arrival at Kurgesellschaft Schlema mbH.
8. The guest is only entitled to offset against a claim asserted by Kurgesellschaft Schlema mbH or to make deductions from such a claim if his/her counterclaim is uncontested or has been legally established.
III Cancellation on the part of the customer and duties of the guest
1. The guest can withdraw from the contract at any time prior to the start of the travel service or commencement of the services by notifying Kurgesellschaft Schlema mbH in writing. Cancellation fees are determined based on the date on which the cancellation notice is received by Kurgesellschaft Schlema mbH. If a guest cancels, Kurgesellschaft Schlema mbH is entitled to charge compensation for expenses incurred and arrangements made as follows:
Free cancellation up to 10 days before the start of the travel service
25% of the travel/service price from 9 days to 1 day before the start of travel
80% of the travel/service price in the event of a no-show
The guest is at liberty to demonstrate that Kurgesellschaft Schlema mbH did, in fact, not incur any costs at all or incurred lower costs than the fixed rates charged. Kurgesellschaft Schlema mbH reserves the right in individual cases to charge a higher amount of compensation commensurate with the actual costs – to be quantified and proven to the guest – incurred by it. Kurgesellschaft Schlema mbH recommends taking out travel cancellation insurance.
2. The guest shall inform Kurgesellschaft Schlema mbH or the representative named in the travel documents immediately in writing of any deficiencies and demand that these be remedied. Only if the guest is not responsible for failing to report deficiencies do his/her claims not lapse. The guest shall assert any and all claims relating to the travel agreement or the services provided by Kurgesellschaft Schlema mbH, irrespective of their legal basis, against Kurgesellschaft Schlema mbH only after the end of the travel service and within one month of the contractually stipulated return date.
Claims may only be asserted against Kurgesellschaft Schlema mbH within the specified period at the address indicated below. It is strongly recommended that claims be asserted in writing. The statutory regulations regarding failure to keep a deadline for which the customer is not responsible and the provisions regarding the suspension of limitation periods remain unaffected by the foregoing provisions.
IV Cancellation on the part of Kurgesellschaft Schlema mbH
1. Where the right to cost-free cancellation on the part of the guest within a specified period has been agreed in writing, Kurgesellschaft Schlema mbH is, for its part, entitled to cancel the contract during this period if enquiries from other customers regarding the contractually reserved rooms have been received and the customer is unwilling to waive his/her cancellation right upon request by Kurgesellschaft Schlema mbH.
2. If an agreed advance payment or an advance payment requested under Section II (7) above is not made even after a reasonable grace period set by Kurgesellschaft Schlema mbH has expired, Kurgesellschaft Schlema mbH is similarly entitled to cancel the contract.
3. Moreover, Kurgesellschaft Schlema mbH is entitled to extraordinary cancellation of the contract for objectively justified reasons, for example if:
· Force majeure or other circumstances for which Kurgesellschaft Schlema mbH is not responsible render fulfilment of the contract impossible
· Services are booked under false pretences or on the basis of misleading information concerning material facts, such as the identity of the guest or the purpose
· Kurgesellschaft Schlema mbH has justified cause for believing that use of the service might jeopardise the smooth operation, the security or the public reputation of its business
· There is cause to believe that the let rooms are being sublet or relet or are being or used for purposes other than those intended.
4. The guest shall not be entitled to compensation where cancellation on the part of Kurgesellschaft Schlema mbH is justified.
V Room availability, check-in and check-out for overnight guests
1. Guests are not entitled to the provision of specific rooms.
2. Booked rooms are available to guests from 2 p.m. on the agreed day of arrival. Customers are not entitled to earlier availability.
3. Rooms must be vacated and made available to the hotel no later than 11 a.m. on the agreed departure date. If the guest fails to vacate the room by the contractually stipulated time, the hotel may charge 50% of the full accommodation rate (list price) for additional use of the room until 6 p.m. and 100% thereafter. This does not entitle the guest to any contractual claims. The guest is at liberty to demonstrate that Kurgesellschaft Schlema mbH is not entitled to any, or considerably lower, compensation for use.
1. The contractual liability of Kurgesellschaft Schlema mbH for damages that are not bodily injuries (including liability for breaches of pre-contractual, post-contractual and secondary obligations) is limited to three times the travel service price, insofar as
a.) The damage incurred by the guest was not intentional or due to gross negligence or
b.) Kurgesellschaft Schlema mbH is responsible for damage incurred by the guest solely due to the fault of a service provider.
2. Kurgesellschaft Schlema mbH is not liable for disruptions in connection with services that are arranged merely as third-party services (e.g. sports events, theatre visits, exhibitions, excursions, etc.) and that are expressly identified as third-party services in the service description.
3. For property brought onto the premises, the hotel is liable to the customer in accordance with the statutory provisions, i.e. up to one hundred times the room rate, however no more than €3,500, and up to a maximum of €800 for cash, securities and valuables. Cash, securities and valuables up to a maximum value of €3,000 may be stored in the safe. Kurgesellschaft Schlema mbH recommends that guests use this option. Liability claims expire where the customer fails to notify Kurgesellschaft Schlema mbH immediately upon gaining knowledge of any loss, destruction or damage (Section 703 BGB). With regard to further liability on the part of the hotel, Point 1, sentences 2 to 4, above apply accordingly.
4. Where the guest is provided with a space in a parking area, this does not constitute a safekeeping agreement even if a fee is payable for this space. Kurgesellschaft Schlema mbH assumes no liability for loss of or damage to vehicles parked or manoeuvred on the hotel’s premises or their contents, except in cases of intent or gross negligence.
VII Limitation period
Claims on the part of the guest against Kurgesellschaft Schlema mbH, irrespective of their legal basis – however with the exception of claims on the part of the guest arising from tortious acts – expire six months after the contractually stipulated return date. This also applies to claims arising from breaches of pre- and post-contractual obligations and secondary obligations under the travel agreement. The statutory provisions of Section 651e (2) BGB concerning the suspension of limitation periods remain unaffected by the foregoing provision.
VIII Place of jurisdiction, miscellaneous
Should one of these provisions be or become ineffective, the remaining provisions shall retain their validity and the effectiveness of the travel agreement shall remain unaffected.
Where legally permissible, Aue is agreed as the exclusive place of jurisdiction for action brought by the guest against Kurgesellschaft Schlema mbH.
With regard to merchants, legal entities under public or private law or persons who have no general place of jurisdiction in Germany, Aue is agreed as the exclusive place of jurisdiction for action brought by Kurgesellschaft Schlema mbH.
Kurgesellschaft Schlema mbH, Richard-Friedrich-Boulevard 7, 08301 Bad Schlema, Germany
Tel: +49 (0)3771 21 55 00 Fax: +49 (0)3771 21 55 01
The offers do not include travel to and from the holiday destination, or transfer to and from the Health Spa and Wellness Centre or restaurants.
Drawn up on 26/06/2018