General Terms and Conditions
for package offers of Gesundheitshotel Weißenstadt GmbH & Co KG
Im Quellenpark 1, 95163 Weißenstadt, Germany
for contracts concluded on or after 1 July 2018.
These General Terms and Conditions, to the extent effectively included, become part of the package travel contract that you conclude with Gesundheitshotel Weißenstadt GmbH & Co KG as a tour operator.
These Terms and Conditions of Travel Packages apply exclusively to package offers of Gesundheitshotel Weißenstadt GmbH & Co KG. They supplement the statutory provisions of Section 651 (a) to (y) of the German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the German Civil Code (EGBGB) and complete these.
1. Registration, travel confirmation
1.1 Through registration, which can be done orally, in writing or by phone, the guest offers Gesundheitshotel Weißenstadt GmbH & Co KG the conclusion of a binding package travel contract. The basis of this offer is the itinerary, these General Terms and Conditions and all supplementary information in the booking basis, provided the guest has access to these at the time of booking.
1.2 The package travel contract is concluded when the guest receives Gesundheitshotel Weißenstadt GmbH & Co KG’s booking confirmation. At the time of or immediately following conclusion of the contract the guest shall receive a copy of the booking confirmation transmitted to a durable medium, unless the guest is entitled to receive a paper-based travel confirmation pursuant to Art. 250 Section 6 sentence 2 EGBGB.
1.3 The registering party is liable for all contractual obligations of guests for which he or she makes the booking as well as for his or her own if he or she has assumed this obligation through express and separate declaration.
1.4 If the contents of the travel confirmation differ from the contents of the registration, the different contents in the travel confirmation shall become binding for the guest and Gesundheitshotel Weißenstadt GmbH & Co KG if an explicit notice has been given regarding these changes and our pre-contractual information requirements have been met, and the guest explicitly or implicitly accepts this new offer within ten (10) days (e.g. by making a down payment).
1.5 The registering party should note that, pursuant to the statutory provisions of Section 312 g para. 2 sentence 1 No. 9 BGB, there is no right of withdrawal for package travel contracts concluded at a distance (distance selling) after conclusion of the contract for all of the above booking types. However, a withdrawal from the contract pursuant to Section 651 h BGB is possible at any time considering the provision in clause 7.
2.1 Payments made towards the package price prior to completion of the trip may only be requested and accepted provided a money protection agreement exists for the client and, upon delivery of the security note, the entity responsible for protecting the client’s money is clearly and comprehensibly indicated within the meaning of Section 651 r para. 4 BGB and Article 252 EGBGB, highlighting the entity’s name and contact details.
2.2 After conclusion of the contract (receipt of the booking confirmation from Gesundheitshotel Weißenstadt GmbH & Co KG), a down payment of 20% of the package price is due – unless otherwise agreed by contract – upon delivery of the security note. The balance of the package price must be paid no later than 14 days before the arrival date.
2.3 Should the guest fail to make the down payment and payment of the balance of the package price according to the agreed payment due dates even though Gesundheitshotel Weißenstadt GmbH & Co KG is willing and able to provide the services in compliance with the contract, has met its legal obligations to provide information and there is no statutory or contractual retention right of the client, Gesundheitshotel Weißenstadt GmbH & Co KG shall then after issuing a notice with a deadline be entitled to withdraw from the package travel contract and charge the guest a cancellation fee.
2.4If the guest prematurely ends the stay, he or she is still obliged to pay for the remaining compensation, unless he or she can prove that Gesundheitshotel Weißenstadt GmbH & Co KG was able to make up for this through appropriate subletting but chose not to.
3. Services and prices
3.1 The scope of contractual services comes from the service description in the package brochure or from the information provided in the travel confirmation.
3.2 If the agreement is based on full board for the guest and the guest receives a dinner on the first day, then Gesundheitshotel Weißenstadt GmbH & Co KG’s service ends with breakfast on the day of departure, otherwise with lunch. Half board generally includes breakfast and dinner.
4. Changes to services
4.1 Changes and variations to essential travel services compared to the agreed contents of the package travel contract that become necessary after conclusion of the contract and which Gesundheitshotel Weißenstadt GmbH & Co KG has made in good faith are permitted prior to the start of the trip provided the changes and variations are not significant, do not lead to a significant change in the travel service and do not impact the overall nature of the booked trip.
4.2 Gesundheitshotel Weißenstadt GmbH & Co KG is obliged to inform the guest without undue delay about changes and deviations as soon as the reason for such changes becomes known by means of a durable medium and in a clear, comprehensible and prominent manner.
4.3 In the event of a significant change to an essential travel service or deviation of special provisions the guest is entitled in a reasonable period to either accept the change or withdraw from the package travel contract free of charge or to request a replacement trip if Gesundheitshotel Weißenstadt GmbH & Co KG has offered such a trip. The guest has the option to respond to the notification or not. If the guest does not respond to Gesundheitshotel Weißenstadt GmbH & Co KG or does not do so within the statutory period, the notification of change is considered accepted. The guest shall be informed in connection with the notification of change in a clear, comprehensible and prominent manner.
4.4 Any warranty claims remain unaffected if the changed services are defective.
5. Cancellation, rebooking
5.1 The guest can withdraw from the package travel contract at any time prior to the start of the trip. To avoid misunderstandings, it is recommended to declare the withdrawal by means of a cancellation notice on a durable medium. The date of receipt is the date Gesundheitshotel Weißenstadt GmbH & Co. KG receives the cancellation notice.
5.2 In the event of withdrawal by the guest prior to the start of the trip Gesundheitshotel Weißenstadt GmbH & Co KG is entitled to adequate compensation for the travel arrangements and associated expenses provided Gesundheitshotel Weißenstadt GmbH & Co KG is not responsible for the withdrawal, or exceptional circumstances occur at the destination or in its immediate vicinity that significantly affect the execution of the trip or the transport of persons to the destination. According to Section 651 h para. 3 sentence 2 BGB, circumstances are unavoidable and extraordinary if they are not under the control of Gesundheitshotel Weißenstadt GmbH & Co KG and therefore the consequences could not have been avoided even if all reasonable precautions had been taken. The amount of compensation is calculated based on the package price less the value of any costs saved by Gesundheitshotel Weißenstadt GmbH & Co KG and less what Gesundheitshotel Weißenstadt GmbH & Co KG is able to acquire through other use of the travel service. The lump sums are determined considering the time period between the cancellation and the start of the trip and the expected savings of expenses and of the expected acquisition through other use of the travel service. The amount of compensation is calculated after the time of receipt of the cancellation as a percentage of the package price as follows:
a) Up to 30 days before the start of the trip: Cancellation is free of charge,
b) Up to 21 days before the start of the trip: 20% of the package price,
c) Up to 14 days before the start of the trip: 30% of the package price,
d) Up to 8 days before the start of the trip: 50% of the package price,
e) From 7 days before the start of the trip: 60% of the package price and
f) From 1 day before the start of the trip or for no-show: 80% of the package price.
The guest has the explicit right to provide proof that no claim to compensation exists at all or that the compensation is substantially lower than the lump sum demanded. Gesundheitshotel Weißenstadt GmbH & Co KG reserves the right to demand a higher, individually calculated compensation than the lump sum listed provided Gesundheitshotel Weißenstadt GmbH & Co KG can prove that it has incurred significantly higher expenses than the applicable lump sum. In this case Gesundheitshotel Weißenstadt GmbH & Co KG is obliged to specifically state and justify the amount of the demanded compensation considering any saved expenses and less what it acquires through other use of the travel service. In any case, Gesundheitshotel Weißenstadt GmbH & Co KG is obliged as a result of withdrawal to refund the package price without undue delay within 14 days of receipt of the cancellation notice. Section 651 e BGB remains unaffected by the above provisions. It is recommended for the guest to take out travel cancellation insurance or insurance to cover the costs of assistance including repatriation in the event of accident, illness or death.
5.3 Rebooking of rooms, overnight stay packages or service packages is possible subject to availability provided there is a maximum of six (6) months between the original agreed travel date and the new travel date and Gesundheitshotel Weißenstadt GmbH & Co KG has confirmed this rebooking on a durable medium. The following rule applies to the costs of rebooking:
a) Up to 30 days before the start of the trip: Rebooking free of charge and
b) Up to 29 days before the start of the trip: Lump sum processing fee of €50.
For changes to the room category, overnight stay package, board type or occupancy of the booked room, the price for the changed services will be recalculated using the previously booked prices as a basis. Rebooking can generally only be arranged directly with Gesundheitshotel Weißenstadt GmbH & Co KG. Changes to the travel date can only be made once. The rebooking or change of contract is free of charge if this is necessary because we have provided no, insufficient or incorrect pre-contractual information in accordance with Art. 250 Section 3 EGBGB.
6. Withdrawal by Gesundheitshotel Weißenstadt GmbH & Co. KG.
6.1 Gesundheitshotel Weißenstadt GmbH & Co KG is entitled to withdraw from the contract
a) in exceptional, unavoidable circumstances,
b) if rooms have been booked under misleading or false information concerning material facts, e.g. regarding the person of the guest or the purpose of his or her stay,
c) Gesundheitshotel Weißenstadt GmbH & Co KG has reason to believe that the use of hotel services can endanger the smooth business operations, the safety or the reputation of Gesundheitshotel Weißenstadt GmbH & Co KG in the public without this being attributable to the domain or organizational area of Gesundheitshotel Weißenstadt GmbH & Co KG or
d) if the guest uses the rooms made available to him or her for other than the agreed purpose or sublets or leases out these rooms.
6.2 The same applies if a tour operator advertises in a newspaper as an invitation for job interviews or sales events without the consent of Gesundheitshotel Weißenstadt GmbH & Co KG. In such cases Gesundheitshotel Weißenstadt GmbH & Co KG is entitled to the agreed compensation in accordance with Section 5.
7.1 The contractual liability of Gesundheitshotel Weißenstadt GmbH & Co. KG for damages other than personal injury and which were not culpably caused is limited to three times the package price. Any further claims under international agreements or statutory provisions based on such agreements remain unaffected by this limitation.
7.2 Gesundheitshotel Weißenstadt GmbH & Co KG is not liable for disruptions to services, personal injury and damage to property in connection with services which are merely arranged as external services if these services were explicitly and clearly identified as external services in the travel description and travel confirmation, stating the identity and address of the arranged contractual partner, so that they are clearly not part of your package and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this. However, Gesundheitshotel Weißenstadt GmbH & Co KG shall be liable if and to the extent that Kurzentrum Weißenstadt spa & wellness centre caused damage to the guest due to a breach of duties to point out, inform or organize.
8. Warranty, obligations of the traveller, obligation of the tour operator to assist
8.1 If the trip is not executed free from defects, the guest is entitled to request remedy provided this is not impossible or associated with disproportionate costs in consideration of the extent of the defect and the value of the affected travel service.
8.2 The guest is obliged to notify Gesundheitshotel Weißenstadt GmbH & Co KG directly and without undue delay of the defects.
If Gesundheitshotel Weißenstadt GmbH & Co KG was unable to remedy the defects as a result of a culpable failure to provide notification of the defects, the traveller is not entitled to claim a reduction in price according to Section 651 m BGB nor assert claims for damages according to Section 651 n BGB.
8.4 If the trip is significantly compromised by a defect of the type described in Section 651 i para. 2 BGB, the guest may set a reasonable deadline to provide remedy. If the deadline expires to no avail, the client is entitled to terminate the package travel contract in accordance with Section 651 l BGB. However, this does not apply if the remedy is refused by Gesundheitshotel Weißenstadt GmbH & Co KG or if immediate remedial action is necessary.
8.5 Gesundheitshotel Weißenstadt GmbH & Co KG makes reference here to the obligation to assist in accordance with Section 651 q BGB, where the guest is to be assisted immediately and appropriately in difficulties in the case of Section 651 k para. 4 BGB or for other reasons, in particular through
a) Provision of suitable information about health services, local authorities and consular assistance
b) Support in establishing long-distance communication links and
c) Support in the search for other travel options. Section 651 k para. 3 BGB remains unaffected.
9. Assertion of claims, statute of limitations and information about consumer dispute resolution
9.1. The guest must assert claims under Section 651 i para. 3 No. 2 to 7 BGB against Gesundheitshotel Weißenstadt GmbH & Co KG. It is recommended to assert a claim on a durable medium.
9.2. Contractual claims expire after two years according to Section 651 j BGB. The limitation period begins with the day on which the trip should end according to the contract.
9.3. With regard to the Consumer Dispute Resolution Act (Gesetz über Verbraucherstreitbeilegung), Gesundheitshotel Weißenstadt GmbH & Co. KG points out that it does not participate in a voluntary consumer dispute resolution. Gesundheitshotel Weißenstadt GmbH & Co KG will inform the guest in a suitable form if a consumer dispute resolution would become binding for the tour operator after these Terms and Conditions of Travel Packages went to print. Gesundheitshotel Weißenstadt GmbH & Co. KG makes reference to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all package travel contracts concluded in electronic legal transactions.
10. Special provisions regarding the hotel stay
10.1 The subletting or leasing of rooms made available to the guest and their use for purposes other than accommodation requires Gesundheitshotel Weißenstadt GmbH & Co. KG’s prior written consent on a durable medium.
10.2 Arrival and departure:
a) Unless special arrangements have been made, check-in is not possible before 3:00 PM on the day of arrival. The guest must check out of the room no later than 10:00 AM on the day of departure.
b) The guest must inform the reception of a planned departure after 10:00 AM. A later departure is only possible with Gesundheitshotel Weißenstadt GmbH & Co. KG’s consent. The guest must pay a late check-out fee of €30 for a departure between 10:00 AM and 6:00 PM. The full room rate will be charged for departures after 6:00 PM. The guest has the explicit right to provide proof that no claim to compensation exists at all or that the compensation is substantially lower than the lump sum demanded.
10.3 Gesundheitshotel Weißenstadt GmbH & Co KG will accept requests for the number, time and type of treatments and/or therapies. These are subject to availability and cannot be guaranteed. This applies equally to all booked packages and arrangements. Therapeutic services included in packages cannot be combined with prescriptions or doctor’s orders. These are also not considered in discount offers.
10.4 Unless expressly agreed otherwise, no pets are allowed in the hotel rooms and public areas of Gesundheitshotel Weißenstadt GmbH & Co KG (restaurant, bar, sauna, etc.).
10.5 Lost property (forgotten items) will be sent on request at a fee equal to the cost of shipping & handling. Items will be retained for a period of six (6) months.
10.6 As a general rule, food and beverages may not be brought to events. The decoration of event areas requires a special arrangement, unless the decor merely consists of table decorations.
10.7 The use of open flames, candles and external machines/devices for the preparation of food or beverages is prohibited in the rooms. Moreover, the use of external electronic devices in the rooms is permitted only with the approval of the management.
10.8 In the event of a lost room key, a fee of €40 will be charged plus any additional costs for the replacement of door cylinders, locks and related hardware.
10.9 Throughout the hotel, smoking is permitted only in designated areas. In particular, it is strictly prohibited in the rooms and on the balconies for fire safety reasons. In case of non-compliance, Kurzentrum spa & wellness centre is entitled to charge a handling fee/cleaning fee of €50. Resulting costs such as fire brigade deployment shall be borne by the person who caused the incident. Guests will be charged a fee of €100 to cover the costs associated with any significant amount of additional cleaning effort for which they are responsible.
10.10 The loyalty bonus can only be redeemed upon presentation of the original. Payment or conversion into other house services is not possible.
11. General place of jurisdiction
11.1 The guest may only file a suit against Gesundheitshotel Weißenstadt GmbH & Co KG at its registered office.
11.2 Should any of the individual provisions of these General Terms and Conditions be invalid or void or become so, this shall not affect the validity of the remaining provisions. For the remainder, the statutory provisions apply.