General terms & conditions Das Bayrischzell (as of 19.10.2020)
Der Pletzer Resorts Bayrrischzell GmbH
- „Das Bayrischzell“: Pletzer Resorts Bayrischzell GmbH, HRB 249778
- Guest“: is a natural person that uses accommodation. The guest usually also is the contracting party. Guests also are those persons that are accommodated together with the contracting party (e.g. family members, friends etc.).
- „Contracting party“: is a domestic or foreign natural or legal person that concludes an accommodation agreement as guest or for a guest.
- „Consumer“ and „entrepreneur“: the terms are to be understood in the sense of §§ 13 and 14 of the German Civil Code (BGB).
- „Accommodation agreement“: means the agreement made between "Das Bayrischzell" and the contracting party, the contents of which are specified below. The terms and conditions also apply if only events or other services offered - without accommodation - are the subject of a contract between the contractual partner and "Das Bayrischzell".
- "Cancellation": declaration of withdrawal from the accommodation agreement.
- "Agreed total amount": is the price agreed between "Das Bayrischzell" and the contractual partner, including VAT, for all services agreed within the framework of the agreement.
I. Conclusion of the agreement - deposit - cancellation by "Das Bayrischzell"
- The accommodation agreement shall be deemed entered into upon the acceptance of the contracting party’s order by "Das Bayrischzell".
- For each accommodation agreement, a deposit of 40% of the agreed total amount is to be settled within 14 days of the conclusion of the agreement to the account specified by "Das Bayrischzell" in the individual case or on the homepage. The remaining amount must be settled at least 4 weeks before the planned arrival. As an alternative or in addition, “Das Bayrischzell” can request security, for example via a credit card
- If the contractual partner fails to make the down payment, “Das Bayrischzell” can either continue to insist on the fulfillment of its claim, or if the contractual partner does not pay after the request for payment and the expiry of a reasonable grace period set therein, withdraw from the agreement.
- The deposit shall be deemed an instalment of the agreed total amount.
- The contracting party is not entitled to transfer the contract to a third party without the consent of “Das Bayrischzell”, to assign claims therefrom or to leave the rented premises for a fee or free of charge or to use them for purposes other than those contractually agreed.
II. Information on online reservations
- "Offers" posted on the website are not binding contractual offers, but merely an invitation to submit a request for a binding offer to "Das Bayrischzell". The offer is made when the contracting party clicks the button after selecting the desired room(s) or services and entering his personal data, which informs him of the assumption of a payment obligation.
- The conctracting party can use the functions of the browser to correct his selection and entries in the online reservation system up to the transmission of the online booking form or cancel the booking entirely.
- The accommodation agreement first comes into effect when it is confirmed by "Das Bayrischzell" in writing (e.g. by email).
- The communication required to conclude the agreement is partly automated. It is the sole responsibility of the contracting party to ensure the receipt of e-mails that confirm his booked services and, if necessary, to check his spam folder.
III. Arrival and departure
- Unless Das Bayrischzell offers a different time of occupancy, the contracting party shall be entitled to move into the rented rooms from 4:00 pm on the agreed date ("arrival day").
- If a room is occupied for the first time before 7 am the preceding night shall be deemend the first night of accommodation.
- The rented rooms shall be vacated by the contracting party by 11 am on the day of departure. "Das Bayrischzell" is entitled to charge 50% of the agreed daily price if the room is not vacated by this time. "Das Bayrischzell" shall be entitled to charge another day if the rented room(s) are not vacated before 3 am.
- If the guest does not appear by 6pm on the agreed day of arrival, there is no obligation to provide accommodation, unless a later arrival time has been expressly agreed.
IV. Duration, premature termination and prolongation of the accommodation
- If the accommodation agreement has been made for a specific period, it shall end upon the expiry of such period.
- If the contracting party leaves earlier, "Das Bayrischzell" shall be entitled to charge the agreed total amount. “Das Bayrischzell” will shall deduct what it saves as a result of not making use of its range of services and what it has received by renting the ordered rooms to other parties. Such savings shall only be deemed to exist if the capacities of the accommodating establishment are fully used upon the guest’s failure to use the booked rooms and the room can be let to other guests. The contractctinual partner bears the burden of proof of the savings. The contracting party bears the burden of proof to show that savings have been made.
- Upon the death of a guest, the agreement with the "Das Bayrischzell" shall become extinct.
- "Das Bayrischzell" shall be entitled to terminate the accommodation agreement with immediate effect for important reasons, particularly if the contracting party and/or the guest
a. makes significantly adverse use of the rooms or makes their stay intolerable for the other guests, the owner, its vicarious agents or the third parties staying at the accommodating establishment due to ruthless, offensive or otherwise highly improper conduct or commits an act against property, morality or physical safety towards these persons that is subject to penalty;
b. violates I. 6.;
c. suffers of a contagious disease or a disease the duration of which exceeds the term of accommodation d. fails to pay the submitted invoices when they are due within a reasonable period of at least 3 dayor otherwise is in need of care;
- If the fulfillment of the agreement becomes impossible due to an event that is considered to be force majeure (e.g. natural events, strike, lockout, official order, etc.), "Das Bayrischzell" may terminate the accommodation agreement contract at any time without observing a period of notice, unless the agreement is already deemed termniated under the law or “Das Bayrischzell” is exempt from its obligation to provide accommodation to the contracting party.
- The contracting party has no right to claim a prolongation of the stay. If the contracting party announces his wish to prolong the stay in time, "Das Bayrischzell" may consent to extension of the accommodation agreement. However, "Das Bayrischzell" shall not be obliged to do so.
- If the contracting party is prevented from leaving the accommodating establishment on the date of departure since all ways of travel are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, floods etc.), the accommodation agreement shall automatically be renewed for the duration of the impossibility of departure. Thee agreedd total amount to be paid for this period may only be reduced if the contracting party is unable to fully use the offered services of the accommodating establishment due to the extraordinary weather conditions. "Das Bayrischzell" provider shall be entitled to at least charge the the remuneration corresponding to the price usually charged in the low season.
V. Withdrawal by the contracting party - cancellation fee
- The contracting party may rescind the accommodation agreement by means of a unilateral declaration by 3 months prior to the agreed date of arrival of the guest without being liable to pay a cancellation fee. If the agreed total amount is a discounted price (e.g. early bird discount or group discount), the deadline is extended to 5 months.
After that, a cancellation fee of 40% of the agreed total amount is due.
In the case of a cancellation from the 29th calendar day prior to the date of arrival, the cancellation fee increases to 70%; from the 6th calendar day prior to the date of arrival 90% of the agreed total amount is due.
- It is recommended to take out travel cancellation insurance.
VI. Disability of arrival
If the contractual partner cannot appear at the accommodation facility on the day of arrival because unforeseeable exceptional circumstances (e.g. extreme snowfall, flooding, etc.) make all travel options impossible, the contracting party shall not be obliged to pay the agreed remuneration for the days of arrival for the period the disabaility of arrival persits.
VII. Provision of substitute accommodation
- "Das Bayrischzell" shall be obliged to keep the category of rooms booked by the contracting party available and to provide the agreed services. The guest does not acquire the right to the provision of certain rooms if this has not been agreed expressly and at least in writing (e.g. by email) by “Das Bayrischz.
- "Das Bayrischzell" may provide the contracting party or the guests with adequate substitute accommodation of the same quality, provided that this is reasonable for the contracting party, particularly if the difference is insignificant and objectively justified.
An objective justification shall, for example, be deemed given if the room(s) has (have) become unusable, guests that have already been accommodated prolong their stay, the establishment is overbooked or this becomes necessary due to other important operational activities.
Any additional expenses arising from such substitute accommodation are at the expense of "Das Bayrischzell".
- The contracting party shall be obliged to pay the agreed total amount plus any additional amounts that have arisen from the use of special services by the contracting party and/or the accompanying guests plus VAT, any tourist tax or local/municipal taxes to be collected by "Das Bayrischzell" by the date of departuere at the latest. "Das Bayrischzell" shall be entitled to issue invoices or interim invoices at any time, for example for services booked during the stay.
- Package deals, special offers, deductions or other discounts cannot be combined. Personalised and special company prices are not transferable to third parties.
- If “Das Bayrischzell” issues invoices for services not paid by departure, these must be paid within 10 calendar days after receipt without deduction. After this period has expired, the statutory default interest will apply.
- "Das Bayrischzell" shall not be obliged to accept foreign currency. If "Das Bayrischzell" accepts foreign currency, such shall be accepted at the current rate if possible. If the accommodation provider accepts foreign currencies or cashless means of payment, the contracting party shall pay any associated costs, e.g. for inquiries with credit card companies, telegrams etc.
- The contracting party shall be liable towards "Das Bayrischzell" for any damage caused by themselves or the guest or any other persons that receive services from "Das Bayrischzell" with the knowledge or ath the request of the contracting party.
If the contracting party refuses to pay or is in arrears with the agreed total amount, "Das Bayrischzell" shall be entitled to make use of the legal right of retention and the legal right of lien with respect to the items brought along by the contracting party or the guest. Furthermore, "Das Bayrischzell" shall be entitled to make use of this right of retention or lien in order to secure its claims under the accommodation agreement, particularly for catering, other expenses made for the contracting party and for any kind of damage claims. In addition, §§ 701 ff. BGB apply.
- The liability of "Das Bayrischzell" is based on the statutory provisions. Claims for compensation for damages for which “Das Bayrischzell” is responsible and insofar as they are not specifically regulated in the following paragraphs are excluded. This exclusion of liability does not apply to intentional or grossly negligent breaches of duty, breach of essential contractual obligations, injury to life, body and health, in the event of default, in the case of assuming a guarantee for the quality or existence of a successful service, as well as in the case of legally mandatory liability.
- For items brought in by the contracting party or guests, sections 701 ff. BGB apply. The use of the room safe is recommended. If the contracting party wishes to bring in money, securities and other valuables with a value of more than EUR 1,500.00, this requires a separate storage agreement. In any case, liability is excluded if the contractual partner and / or guest does not immediately notify “Das Bayrischzell” of the damage. Insofar as claims cannot be waived due to legally binding regulations and insofar as "Das Bayrischzell" did not act deliberately or claims arising from injury to life, limb or health, the assertion of claims due to the bringing in of objects is excluded.
- "Das Bayrischzell" provides separate storage rooms for storing ski equipment or bicycle or comparable means of transport brought along. There is a separate insurance for this. For the assertion of damages, the previous paragraph 2 applies accordingly. Notwithstanding Section 2, the amount of the damage is limited to € 50,000.00 per stay in accordance with the existing insurance coverage. This maximum liability limit also applies if, in individual cases, items belonging to the contracting party are taken into safekeeping by “Das Bayrischzell”.
- If the contractual partner or a guest is provided with a parking space in a parking lot, this does not result in a custody contract. "Das Bayrischzell" is not liable for the loss or damage of vehicles parked or moved on the property of "Das Bayrischzell" and / or their contents.
- A breach of duty by “Das Bayrischzell” is equivalent to that of a legal representative or vicarious agent.
- Wake-up calls, delivery of mail news and goods are carried out with utmost care.
- Animals may only be brought into the accommodating establishment with the prior consent of "Das Bayrischzell" and against an addtional remuneration.
- The contracting party bringing along an animal shall be obliged to properly keep and/or supervise such animal during their stay or to have it kept and/or supervised by a qualified third party at their own expense.
- The contracting party and/or guest bringing along an animal shall have an according animal liability insurance and/or personal liability insurance that covers any potential damage caused by animals. Evidence of such insurance shall be provided to "Das Bayrischzell” upon request.
- The contracting party shall be liable towards "Das Bayrischzell" for any damage caused by the animals brought along. Such damage shall particularly also include any compensation to be paid by "Das Bayrischzell" to third parties.
- Animals are not allowed in the lounges, salons, public rooms, restaurants and wellness areas.
XII. Sickness or death of the guest
- If a guest gets sick during their stay at the accommodating establishment, "Das Bayrischzell" shall provide medical care at the request of the guest. In the event of imminent danger, "Das Bayrischzell" shall arrange for medical care even without the special request of the guest, particularly if this is necessary and the guest is unable to do so himself .
- As long as the guest is unable to make decisions or it is not possible to get into contact with the family of the guest, "Das Bayrischzell" shall arrange for medical care at the expense of the guest. However, the extent of such care shall end as soon as the guest is able to make decisions or the guest's family has been notified of the sickness.
- “Das Bayrischzell” has claims for compensation against the contracting party and the guest or, in the event of death, against their legal successor, in particular for the following expenses:
a. unsettled medical costs, costs for ambulance transports, drugs and medical aids;
b. room disinfections that have become necessary;
c. linen, bed sheets and bed furnishing that have become unusable, or otherwise the disinfection of thorough cleaning of all of these items;
d. restoration of walls, furniture, carpets etc. if such have been contaminated or damaged in relation with the sickness or death;
e. rent for the room, provided that it has been occupied by the guest, plus any days during which the rooms are unusable due to disinfection, clearing or the like;
f. other damage incurred by “Das Bayrischzell”.
Events must be agreed separately at least in writing. Unless regulated in the separate agreement, the following applies:
- The exact list of names for the room reservations must be submitted no later than 14 days prior to arrival.
- A conference package rate applies for groups from 10 participants.
- Any kind of live music at the event must be registered with GEMA by the contracting party. If GEMA makes use of “Das Bayrischzell”, all costs are to be reimbursed by the contracting party. Music groups that are organized by the contracting party must be coordinated with “Das Bayrischzell”.
- Planned room decorations are to be coordinated with “Das Bayrischzell”.
- Bringing your own food and drinks is not permitted without the express permission of “Das Bayrischzell”.
- For events that go beyond 1:00 am, “Das Bayrischzell” charges a surcharge of EUR 250.00 per additional hour for the support of the event. The event must end by 4:00 am at the latest.
- "Das Bayrischzell" is entitled to make use of its house rules and to end the event if
a. the event puts its smooth business operations at risk
b. the reputation of “Das Bayrischzell” and the security of the venue are at risk
c. the public law approval required for the implementation of the event is not available
d. there is another reason for which the contracting party is responsible and which is comparable in terms of severity or “Das Bayrischzell” has to end the event due to an official or police order.
If the contracting party or participants of the event attributable to him are responsible for the termination, he is liable for all damages incurre by "Das Bayrischzell".
XIV. Sports offers
“Das Bayrischzell” offers its guests (hereinafter also referred to as “participants”) a wide range of sports- and leisure activities during their stay. All these activities are carried out by "Das Bayrischzell" under professional guidance and with the highest possible level of safety. Nevertheless, participation in sports activities, even with due diligence, involves dangers and risks that cannot be completely ruled out. The responsibility for assessing personal performance, health risks and experience lies with each participant himself and is at their own risk.
Risk information for road bike and mountain bike tours, for skiing, alpine skiing, freeride and other mountain tours
“Das Bayrischzell” also organizes tours that do not come from the published cycling-, biking-, mountain-, skiing-, touring- and other sports offers in the region. "Das Bayrischzell" expressly points out that the risk classification of the events, in particular with regard to weather influences on the mountain, personal constitution of the participants, soil conditions, the degree of difficulty of the routes, the aforementioned comparable circumstances or external circumstances that cannot be influenced, such as mountain slides or avalanches are subject to constant change. The usual rules of conduct for the sports activities carried out (such as mountain biking, cycle racing, skiing, mountain hiking and climbing) must be observed by each participant independently! EaEach participant has a different technical skill and training level. The participants therefore have to choose the respective routes according to their physical condition and experience in the mountains. Paths, routes or slopes can change within a very short period of time due to weather and other influences, and in some cases even become partially impassable.
Even with due diligence, staying in the mountains involves dangers and risks that cannot be completely ruled out. Communication (mobile phones) is limited or not pssible with some trainings and tours and in the event of an accident, the rescue and / or appropriate medical care may be delayed or not available at all.
“Das Bayrischzell” assumes no liability for damage suffered by the contracting party as a result of the breach of duties within his area of responsibility.
In addition, the limitation of liability according to Section X, point 1) of these terms and conditions applies accordingly.
XV. Place of performance, place of jurisdiction and applicable law
- The place of performance is the place where the accommodating establishement is located.
- This agreement and all claims from it are subject to the law of the Federal Republic of Germany to the exclusion of the rules of international private law and the UN Sales Convention. Sentence 1 only applies to consumers insofar as the applicable law does not undermine the protection of mandatory legal provisions of the state in which the consumer has his habitual residence.
- If the contracting party is an entrepreneur, legal entity under public law or special fund under public law, the exclusive place of jurisdiction shall be the domicile of "Das Bayrischzell". The same applies if the contracting party or guest does not have a general place of jurisdiction in Germany or the place of residence or habitual residence is not known at the time a lawsuit is filed. Mandatory legal regulations on the place of jurisdiction remain unaffected. To the extent permitted, “Das Bayrischzell” shall also be entitled to assert its rights before any other court that is competent for the location and matter.
- "Das Bayrischzell" is entitled to set off its own claims against claims of the contracting party. The contracting party is not entitled to set off his own claims against claims of "Das Bayrischzell" unless the claim of the contracting party has been legally established or it has been recognized in writing by "Das Bayrischzell".