General Terms and Conditions

• “Das Bayrischzell”: Pletzer Resorts Bayrischzell GmbH, HRB 249778

• “Guest”: A natural person who makes use of accommodation services. As a rule, the Guest is also the Contracting Party. Persons travelling with the Contracting Party, such as family members, friends, etc., are also deemed to be Guests.

• “Contracting Party”: A natural or legal person from Germany or abroad who concludes an Accommodation Agreement as a Guest or on behalf of a Guest.

• “Consumer” and “Entrepreneur”: These terms are to be understood within the meaning of Sections 13 and 14 of the German Civil Code (BGB).

• “Accommodation Agreement”: Any agreement concluded between “Das Bayrischzell” and the Contracting Party, the contents of which are governed in more detail below. These General Terms and Conditions also apply where only events or other services offered – without accommodation – are the subject of an agreement between the Contracting Party and “Das Bayrischzell”.

• “Cancellation”: Declaration of withdrawal from the Accommodation Agreement.

• “Agreed Total Price”: The price agreed between “Das Bayrischzell” and the Contracting Party, including VAT, for all services agreed under the contract.

The Accommodation Agreement is concluded when the accommodation provider accepts the Contracting Party’s order. Electronic declarations are deemed to have been received when the party for whom they are intended is able to retrieve them under normal circumstances and receipt takes place during the accommodation provider’s stated business hours.

The accommodation provider is entitled to conclude the Accommodation Agreement subject to the condition that the Contracting Party pays a deposit. If the Contracting Party agrees to the deposit, whether in writing or verbally, the Accommodation Agreement is concluded upon receipt by the accommodation provider of the Contracting Party’s declaration of consent to payment of the deposit.

The Contracting Party is obliged to pay the deposit no later than 15 days after being requested to do so by the accommodation provider, with the full amount received free of charges. The Contracting Party bears the costs of the payment transaction, such as bank transfer fees. The respective terms and conditions of the card issuers apply to credit and debit cards. If the Contracting Party is in default with payment of the deposit, the accommodation provider may either continue to insist on fulfilment of its claim or withdraw from the agreement after setting an appropriate additional period for payment.

The deposit constitutes a partial payment of the agreed remuneration.

For certain travel periods, an advance payment of 20% is required.

If the Contracting Party is in default with payment of the deposit, “Das Bayrischzell” may either continue to insist on fulfilment of its claim or, if the Contracting Party fails to pay following a payment request and expiry of an appropriate additional period specified therein, withdraw from the agreement.

If the statutory VAT rate changes, the accommodation provider reserves the right to pass on the change in the tax rate to the Guest to the same extent by adjusting the price accordingly.

The Contracting Party is not entitled to transfer the agreement to a third party without the consent of “Das Bayrischzell”, assign claims arising from it, make the rented premises available to third parties either for payment or free of charge, or use them for purposes other than those contractually agreed.

1. “Offers” displayed on the website do not constitute a binding contractual offer, but merely an invitation to submit a binding offer to “Das Bayrischzell”. The Contracting Party submits the offer by selecting the desired premises or services, entering their personal details and clicking the button indicating that a payment obligation is being assumed.

2. The Contracting Party may correct their selection and entries in the online reservation system using the browser functions until the online booking form is submitted, or may cancel the booking entirely.

3. The Accommodation Agreement is concluded only upon confirmation by “Das Bayrischzell” in text form, for example by email.

4. Once the contract has been fully completed, the data provided by the Contracting Party for the purpose of concluding the agreement will be deleted or blocked from further use, unless mandatory tax or commercial-law retention obligations or other legitimate interests, such as the enforcement of claims, prevent this. In all other respects, the provisions of the Privacy Policy of “Das Bayrischzell” apply, which can be found at https://www.dasbayrischzell.de/de/datenschutzerklaerung.

5. Communication required for concluding the agreement is partly automated. It is solely the responsibility of the Contracting Party to ensure receipt of emails confirming the booked services and, if necessary, to check the spam folder.

1. Unless “Das Bayrischzell” offers a different check-in time, the Contracting Party is entitled to occupy the rented premises from 4:00 pm on the agreed date (“Arrival Date”).

2. If a room is first occupied before 7:00 am, the preceding night will count as the first overnight stay.

3. The Contracting Party must vacate the rented premises by 11:00 am on the day of departure. If the premises are not vacated by this time, “Das Bayrischzell” is entitled to charge 50% of the agreed daily rate. If the rented premises have not been vacated by 3:00 pm, “Das Bayrischzell” is entitled to charge for an additional day.

4. If the Guest does not arrive by 6:00 pm on the agreed Arrival Date, there is no obligation to provide accommodation unless a later arrival time has expressly been agreed.

1. If the Accommodation Agreement has been concluded for a fixed period, it ends upon expiry of that period.

2. If the Contracting Party departs early, “Das Bayrischzell” is entitled to demand the full agreed remuneration. “Das Bayrischzell” will deduct any expenses saved as a result of the non-use of its services and any income obtained by renting the ordered premises to other guests. A saving in relation to the accommodation service exists only if the accommodation establishment is fully occupied at the time the premises booked by the Contracting Party are not used and the premises can be rented to other guests. The Contracting Party bears the burden of proof regarding any savings.

3. The agreement with “Das Bayrischzell” ends upon the death of a Guest.

4. “Das Bayrischzell” is entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Contracting Party or Guest:

   a. makes significantly detrimental use of the premises or, through inconsiderate, offensive or otherwise grossly improper behaviour, significantly disrupts the Guest and accommodation operations and fails to cease such behaviour despite being requested to do so, or commits a criminal offence against property, morality or physical safety towards third parties present at the accommodation establishment;

   b. violates I. 6.;

   c. contracts an infectious disease or an illness that is clearly expected to extend beyond the period of accommodation, or becomes in need of care;

   d. fails to pay invoices due within a reasonable period of at least 3 days after being requested to do so.

5. If performance of the agreement becomes impossible due to an event qualifying as force majeure, such as natural disasters, strikes, lockouts, official orders, etc., “Das Bayrischzell” may terminate the Accommodation Agreement at any time without observing a notice period, unless the agreement is already deemed terminated by law or “Das Bayrischzell” is released from its obligation to provide accommodation.

6. The Contracting Party has no entitlement to an extension of the stay. If the Contracting Party gives timely notice of a wish to extend the stay, “Das Bayrischzell” may agree to an extension of the Accommodation Agreement. “Das Bayrischzell” is under no obligation to do so.

7. If the Contracting Party is unable to leave the accommodation establishment on the day of departure because all departure routes are blocked or unusable due to unforeseeable extraordinary circumstances, such as extreme snowfall or flooding, the Accommodation Agreement will automatically be extended for the duration of the impossibility of departure. A reduction in remuneration for this period is only possible if the Contracting Party is unable to make full use of the services offered by the accommodation establishment due to the extraordinary weather conditions. “Das Bayrischzell” is entitled to charge at least the amount corresponding to the usual low-season rate.

a) Individual contractual agreements which differ from these General Terms and Conditions and take precedence over them can be found in the hotel’s booking or reservation confirmation.

b) Separate cancellation conditions for events, group travel and MICE apply to events and group bookings of 10 rooms or more or 15 persons or more. These can be found in the respective event or group confirmation.

c) Cancellation conditions and no-show provisions for individual travellers, for reservations of up to 9 rooms or 14 persons:

Cancellations must always be submitted to the hotel in writing. Cancellations must be confirmed by the hotel in writing. The following cancellation fees apply:

• Up to 22 days before arrival: free of charge

• From 21 days before arrival: 90% of the total booking amount

• In the event of non-arrival or no-show: 100% of the total booking amount

• The cancellation fee will be charged to the Contracting Party immediately after cancellation and is payable without delay. Where the Contracting Party has provided credit card details, the hotel is entitled to charge any cancellation fee incurred to the credit card. Any deposit already paid may be offset by the hotel against the cancellation fee.

d) Rooms at special rates

Rooms booked at non-refundable rates, saver rates, deals or percentage-based promotional rates cannot be cancelled or rebooked free of charge or against payment of a cancellation fee at any time and will in all cases be charged at 100% of the special rate. The hotel may also charge this amount to a credit card provided as security, and any deposit may be offset against the special rate.

If the Contracting Party is unable to arrive at the accommodation establishment on the Arrival Date because all means of access are impossible due to unforeseeable extraordinary circumstances, such as extreme snowfall, flooding, etc., the Contracting Party is not obliged to pay the agreed remuneration for the affected arrival days for as long as the impediment continues.

1. “Das Bayrischzell” is obliged to keep available the category of premises booked by the Contracting Party and provide the agreed services. The Guest does not acquire any entitlement to specific premises unless these have been expressly confirmed by “Das Bayrischzell” at least in text form, for example by email.

2. Where specific premises have been confirmed, “Das Bayrischzell” may provide the Contracting Party or Guests with suitable alternative accommodation of equivalent quality if this is reasonable for the Contracting Party, in particular where the deviation is minor and objectively justified.

An objective justification exists, for example, if the room or rooms have become unusable, Guests already accommodated extend their stay, the hotel is overbooked or other important operational measures make such a step necessary.

Any additional costs for the alternative accommodation will be borne by “Das Bayrischzell”.

1. The Contracting Party is obliged, no later than at the time of departure, to pay the agreed remuneration plus any additional amounts incurred as a result of separately requested services used by them and/or the Guests accompanying them, including statutory VAT, as well as any tourist taxes or local municipal charges to be collected by “Das Bayrischzell”. “Das Bayrischzell” may at any time issue an interim invoice or request an advance payment, for example for services booked additionally during the stay.

2. Package offers, special promotions, reductions or other discounts cannot generally be combined. Personal rates and special corporate rates are not transferable to third parties.

3. Where “Das Bayrischzell” issues invoices for services not paid for by the time of departure, these must be paid without deduction within 10 calendar days of receipt. After expiry of this period, statutory default interest will apply.

4. “Das Bayrischzell” is not obliged to accept foreign currency. If “Das Bayrischzell” accepts foreign currency, it will, where practicable, be accepted at the daily exchange rate. If “Das Bayrischzell” accepts foreign currency or cashless payment methods, the Contracting Party bears all associated costs, such as enquiries with credit card companies, telegrams, etc.

5. The Contracting Party is liable to “Das Bayrischzell” for any damage caused by themselves, the Guest or other persons who receive services from “Das Bayrischzell” at the request of the Contracting Party.

If the Contracting Party refuses to pay the agreed remuneration or is in arrears with payment, “Das Bayrischzell” is entitled to the statutory right of retention and statutory lien over items brought in by the Contracting Party or Guest. This right of retention or lien also serves to secure claims arising from the Accommodation Agreement, in particular for food and beverages, other expenses incurred on behalf of the Contracting Party and claims for compensation of any kind. In all other respects, Sections 701 et seq. BGB apply.

1. The liability of “Das Bayrischzell” is governed by the statutory provisions. Claims for compensation for damage for which “Das Bayrischzell” is responsible, insofar as they are not specifically regulated in the following provisions, are excluded. This exclusion of liability does not apply in cases of intentional or grossly negligent breaches of duty, breach of essential contractual obligations, injury to life, body or health, delay, assumption of a guarantee regarding the quality or existence of a particular performance result, or in cases of mandatory statutory liability.

2. Sections 701 et seq. BGB apply to items brought into the hotel by the Contracting Party or Guests. Use of the room safe is recommended. If the Contracting Party wishes to bring money, securities or other valuables worth more than EUR 1,500.00, a separate safekeeping agreement is required. Liability is excluded in all cases if the Contracting Party and/or Guest does not notify “Das Bayrischzell” of the damage immediately after becoming aware of it. Insofar as claims cannot be waived due to mandatory statutory provisions, and insofar as “Das Bayrischzell” has not acted intentionally or the claims concern injury to body, life or health, claims relating to items brought into the hotel are excluded unless they are asserted against “Das Bayrischzell” in text form within 3 months after becoming due.

3. “Das Bayrischzell” provides separate storage areas for ski equipment, bicycles brought by Guests or comparable means of transport. Separate insurance exists for this purpose. The preceding Clause 2 applies accordingly to claims for damage. By way of derogation from Clause 2, liability for damages is limited to EUR 50,000.00 per stay in accordance with the existing insurance coverage. This maximum liability also applies where items belonging to the Contracting Party are taken into safekeeping by “Das Bayrischzell” in individual cases.

4. If a parking space is made available to the Contracting Party or a Guest, no safekeeping agreement is thereby created. “Das Bayrischzell” is not liable for the loss of or damage to vehicles parked or moved on the property of “Das Bayrischzell” and/or their contents.

5. A breach of duty by a legal representative or vicarious agent of “Das Bayrischzell” is treated in the same way as a breach of duty by “Das Bayrischzell”.

6. Wake-up calls and postal, message and goods deliveries are handled with the diligence of a prudent businessperson.

1. Animals may only be brought into the accommodation establishment with the prior consent of “Das Bayrischzell” and may be subject to an additional charge.

2. A Contracting Party bringing an animal is obliged to keep and supervise the animal properly during the stay or, at their own expense, have it kept and supervised by suitable third parties.

3. The Contracting Party or Guest bringing an animal must have appropriate animal owner’s liability insurance or private liability insurance covering possible damage caused by animals. Proof of such insurance must be provided to “Das Bayrischzell” upon request.

4. The Contracting Party is liable to “Das Bayrischzell” for any damage caused by animals brought into the hotel. Such damage includes, in particular, compensation payments that “Das Bayrischzell” is required to make to third parties.

5. Animals are not permitted in lounges, common rooms, restaurant areas or wellness areas.

1. If a Guest becomes ill during their stay, “Das Bayrischzell” will arrange medical care at the Guest’s request. In the event of imminent danger, “Das Bayrischzell” will arrange medical care even without the Guest’s express request, in particular where this is necessary and the Guest is unable to do so themselves.

2. As long as the Guest is unable to make decisions or the Guest’s relatives cannot be contacted, “Das Bayrischzell” will arrange medical treatment at the Guest’s expense. The scope of these care measures ends when the Guest becomes capable of making decisions or the relatives have been informed of the illness.

3. “Das Bayrischzell” is entitled to reimbursement from the Contracting Party and the Guest or, in the event of death, from their legal successors, in particular for the following costs:

   a. outstanding medical costs, costs of medical transport, medication and medical aids;

   b. necessary room disinfection;

   c. linen, bed linen and bedding rendered unusable, or alternatively the disinfection or thorough cleaning of all such items;

   d. restoration of walls, furnishings, carpets, etc., insofar as they were soiled or damaged in connection with the illness or death;

   e. room charges insofar as the premises were occupied by the Guest, plus the days during which the premises could not be used due to disinfection, clearance or similar measures;

   f. any other damage incurred by “Das Bayrischzell”.

1. Events must be agreed separately at least in text form. Insofar as nothing is regulated in the separate agreement, the following applies:

2. Events must be agreed separately at least in text form. Insofar as nothing is regulated in the separate agreement, the following applies:

3. The exact list of names for room reservations must be provided no later than 14 days before arrival.

4. From 10 persons onwards, a daily conference package will apply.

5. Any type of live music at the event must be registered with GEMA by the Contracting Party. If “Das Bayrischzell” is charged by GEMA, all resulting costs must be reimbursed by the Contracting Party. Music groups organised by the Contracting Party must be coordinated with “Das Bayrischzell”.

6. Planned room decorations must be coordinated with “Das Bayrischzell”.

7. Bringing in your own food and beverages is not permitted without the express permission of “Das Bayrischzell”.

8. For events continuing beyond 1:00 am, “Das Bayrischzell” will charge a surcharge of EUR 250.00 for each additional hour of event supervision. The event must end no later than 4:00 am.

9. “Das Bayrischzell” is entitled to exercise its house rules and terminate the event if:

   a. the event jeopardises the smooth running of its business;

   b. the reputation of “Das Bayrischzell” or the safety of the venue is jeopardised;

   c. a public-law permit required for the event is not available;

   d. another reason of comparable seriousness attributable to the Contracting Party exists, or “Das Bayrischzell” is required to terminate the event by official or police order.

If the termination is attributable to the Contracting Party or event participants for whom the Contracting Party is responsible, the Contracting Party is liable for all resulting damage incurred by “Das Bayrischzell”.

“Das Bayrischzell” offers its Guests, hereinafter also referred to as “Participants”, a comprehensive range of sports and leisure activities during their stay. All such activities are conducted by “Das Bayrischzell” under professional guidance and with the highest possible level of safety. Nevertheless, participation in sporting activities involves dangers and risks that cannot be completely excluded even where the required standard of care is observed. Each Participant is personally responsible for assessing their own physical capacity, health risks and level of experience, and participates at their own risk.

Risk information for road cycling and mountain bike tours, ski, alpine ski, freeride and other mountain tours

“Das Bayrischzell” also organises tours that do not originate from the published cycling, biking, mountain, ski, touring and other sports activities offered in the region. “Das Bayrischzell” expressly points out that the risk classification of events is subject to constant change, particularly due to weather conditions in the mountains, the individual physical condition of Participants, ground conditions, the difficulty of routes, comparable circumstances or uncontrollable external events such as landslides or avalanches.

The customary rules of conduct for the respective sporting activities, such as mountain biking, road cycling, skiing, mountain hiking and climbing, must be observed by each Participant on their own responsibility.

Each Participant has a different level of technical ability and training. Participants must therefore select the respective routes according to their physical condition and mountain experience. Trails, routes or pistes can change within a very short period due to weather and other influences and may in some cases become completely impassable.

Staying in mountain terrain involves dangers and risks that cannot be completely excluded even where the required standard of care is observed. Communication by mobile phone may be limited or unavailable during some mountain activities, and in the event of an accident rescue and/or appropriate medical treatment may be delayed or unavailable.

“Das Bayrischzell” accepts no liability for damage incurred by the Contracting Party as a result of the Contracting Party breaching obligations falling within their own area of responsibility.

In addition, the limitation of liability pursuant to Section X, Clause 1 of these General Terms and Conditions applies accordingly.

1. The place of performance is the location of the accommodation establishment.

2. This agreement and all claims arising from it are governed by the law of the Federal Republic of Germany, excluding the rules of private international law and the UN Convention on Contracts for the International Sale of Goods. In relation to Consumers, Sentence 1 applies only insofar as the choice of law does not deprive the Consumer of the protection afforded by mandatory legal provisions of the country in which the Consumer has their habitual residence.

3. If the Contracting Party is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction is the registered office of “Das Bayrischzell”. The same applies if the Contracting Party or Guest has no general place of jurisdiction in Germany or their residence or habitual place of residence is unknown at the time legal proceedings are brought. Mandatory statutory provisions regarding jurisdiction remain unaffected. Where legally permissible, “Das Bayrischzell” also remains entitled to assert its rights before any other court having local and subject-matter jurisdiction.

4. “Das Bayrischzell” is entitled to offset its own claims against claims of the Contracting Party. The Contracting Party is not entitled to offset its own claims against claims of “Das Bayrischzell” unless the Contracting Party’s claim has been finally established by a court or has been acknowledged in writing by “Das Bayrischzell”.