General Terms & Conditions | GTC
GTC of the Gaestehaus Bavaria
General Terms and Conditions for the Hotel Accommodation Agreement
93055 Regensburg, Belgrader Straße 2, Germany
1. These terms and conditions of business and reservation (hereinafter referred to as “GTC”) shall apply to accommodation contracts for the rental of the agreed equipment for the agreed length of stay of hotel rooms, guest rooms and apartments for accommodation purposes, as well as all other services and deliveries of Gästehaus Bavaria GmbH (hereinafter referred to as “Hotel”) in 93055 Regensburg, Belgrader Straße 2.
II. Conclusion of contract, contracting party, limitation period
1. With the reservation the guest offers to conclude an accommodation contract with the hotel. Upon reservation (which requires availability), the Guest will receive a reservation number and a password for access at the terminal (see paragraph, either by e-mail, fax, or by telephone or on site. The accommodation contract is concluded upon receipt/transmission of the above-mentioned data.
2. The guest is informed that reservation numbers that he/she receives from third parties (e.g. internet portals) are not identical with the reservation numbers of the guest house. The hotel reservation numbers can be obtained from the hotel.
3. The hotel can refuse to conclude an accommodation contract at its own discretion.
4. The guest has no right to be assigned a specific hotel room. He has only a claim to the
Provision of a hotel room of the room category booked by him.
III. Reservation, cancellation
1. The following terms “simple reservation” and “guaranteed reservation” differ in that in the simple reservation the guest only orders a room, whereas in the guaranteed reservation the guest additionally guarantees payment by providing his credit card details. The reservation will be kept for him even after 18 o’clock. In the case of a simple reservation, if the guest does not show up after 6 p.m., the reservation expires without substitution and the rooms are put up for sale. The term “cancellation” means the withdrawal of the guest from the accommodation contract.
2. The guest can cancel a simple and a guaranteed reservation free of charge until 6 pm on the day of arrival. The cancellation must be made in writing (e.g. by e-mail). Cancellations of guaranteed reservations after 6 p.m. are not permitted and do not lead to the termination of the accommodation contract. In this case the guest is obliged to pay the accommodation price for the first night less 10% of the saved expenses. The same applies if the guest does not appear on the day of arrival without cancelling his reservation. The guest is free to prove that the expenses saved by the hotel are higher.
3. In the case of guaranteed reservations of several days, all subsequent nights will be cancelled from the second night onwards if the guest fails to arrive. The guest is not entitled to subsequent nights.
4. The special terms and conditions contained in sections VIII and IX shall apply to group travel and reservations during trade fairs and events.
IV. Arrival and departure
1. The hotel provides the guest with the guest room/apartment in the agreed category or equipment on the day of arrival from 3 p.m. For access to the hotel and the hotel room, the guest will receive a keycard at the check-in either at the reception, at the check-in terminal located at the hotel or the Digibox.
2. On the day of departure, the guest must vacate his or her hotel room by 10:30 a.m. at the latest and return it undamaged including the keycard. After this time, the hotel may charge the guest 100% of the overnight stay price due to the late vacating of the room for its use beyond the scope of the contract. The Guest shall be permitted to prove that the Hotel has suffered no damage or substantially less damage.
1. Only the persons specified in the reservation are entitled to use the hotel room. The maximum occupancy for the respective room category may not be exceeded. Children and babies count as adults.
2. The resale, subletting or further procurement of booked rooms is prohibited, unless otherwise expressly agreed in writing.
3. The guest has to observe the house rules posted there during the stay.
VI. Accommodation prices other prices
1. The overnight accommodation price paid by the guest is the consideration for the provision of the hotel room by the hotel within the arrival and departure times set out in clause IV. A full overnight accommodation price is charged per overnight stay – irrespective of the actual use or overnight stay by the guest.
2. The agreed prices apply
3. The prices or amounts stated in these general terms and conditions and in the reservation are inclusive of the respectively valid value added tax, as well as all legal taxes, fees and charges, unless expressly stated otherwise.
1. The overnight accommodation prices as well as prices for ancillary services (such as use of parking spaces, fees for pets and all other claims that are not expressly stated in the accommodation contract as part of the overnight accommodation price) are due for payment in advance at the latest upon arrival of the guest at the hotel, irrespective of the date of the invoice. In the event of late payment, the Hotel is entitled to terminate the Accommodation Agreement, whereupon the Guest shall vacate the room.
2. Notwithstanding Section VII 1. the hotel is entitled to demand from the guest, already at the time of reservation, an advance payment on the accommodation costs up to the expected total invoice amount or a reasonable security in the form of a deposit by credit card
3. The hotel accepts cash in EURO, bank transfers, EC and Maestro cards, as well as Visa, Mastercard and American Express
VIII. Special conditions for group travel
1. A group of at least 15 persons is called a travel group for which there is a common reservation. Deviating from or in addition to the above regulations, the following applies to a travel group:
2. A person responsible for the whole group must be named at the time of reservation.
3. A list of names must be presented to the hotel before the travel group arrives.
4. At the time of the reservation, the hotel will send the person responsible for the entire group a confirmation of reservation with the essential details of the reservation. Information on check-in as well as any security deposits and other terms of payment. Reservations by travel groups are always guaranteed reservations within the meaning of Section III 1.4. The statutory provisions apply to the unlimited liability of the hotel.
5. The total amount of the accommodation costs is to be paid by bank transfer to the bank account of the hotel listed on the invoice or communicated by the hotel to the person responsible for the whole group after completion of the reservation. Fees for foreign bank transfers are not paid by the hotel!
6. The accommodation costs of the travel group including costs for additional services in the sense of VII 1. are due for payment in advance, at the latest 28 days before arrival, or if the reservation is made later than 28 days before arrival, soft payment, in each case independent of the date of the invoice. If the travel group or the respective guest does not pay the accommodation costs when due, the hotel reserves the right to charge the credit card indicated in the amount of the overnight accommodation costs owed. If no payment has been made by the due date or if the credit card indicated cannot be charged, the hotel is entitled to rent out the hotel room reserved for the travel group or the respective guest to another party (without prior notification of the guest) without the guest being able to derive any claims against the hotel from this.
7. The travel group may cancel or change its reservation free of charge up to 28 days before the date of arrival. Later cancellations and changes are only possible with the consent of the hotel. In this case the cancellation fee is the price of the overnight stay less 10% for saved expenses. The travel group is at liberty to prove that the hotel’s saved expenses are the amount of the cancellation fee.
8. The hotel will provide the travel group with your hotel rooms on the day of arrival no later than 3 p.m.
9. The hotel is entitled to demand a security in the amount of € 500 per travel group upon arrival of the travel group, in particular for any additional services in the sense of Section VII 1. as well as any damage from the person responsible for the entire travel group.
IX. Liability of the Hotel
1. The hotel is liable for any damages to life, body or health for which it is responsible. Furthermore, the hotel shall be liable for other damages caused by an intentional or grossly negligent breach of duty by the hotel or by an intentional or negligent breach of material contractual obligations by the hotel. Essential contractual obligations are those that are essential for the proper performance of the contract and on whose fulfillment the Guest may rely. A breach of duty on the part of the hotel is equivalent to that of a representative or vicarious agent with a statutory period of notice. Further claims for damages are excluded, unless otherwise provided for in this clause X.
2. If disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy such upon knowledge of the same or upon the guest’s immediate complaint. The Guest is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.
3.The Hotel shall be liable to the Guest for items brought in in accordance with the statutory provisions (cf. §§ 701 et seq. BGB). If the Guest wishes to bring money, securities and valuables with a value of more than € 800 or other items with a value of more than € 3,500 into the Hotel, this requires a separate storage agreement with the Hotel.
4. Messages, mail and consignments of goods for the guests shall be handled with care.
X. Theft and damage
In the event of theft or damage to his/her belongings or in the event of fire, water damage or any other damage in the hotel room, the guest must inform the hotel staff immediately and do everything reasonably possible to help clarify the theft or to remedy the damage.
The bringing of dogs and cats requires prior notification by the Guest for other animals is to be requested from the Hotel with an exact description of the species, whereby the Hotel may refuse consent in all cases at any time and without giving reasons. A maximum of one pet may be brought along per single room and two pets per double room. For each pet brought along an additional fee is to be paid, the amount will be communicated to the guest upon notification.
XII. Termination of the Accommodation Contract
1. he hotel is entitled to withdraw from the accommodation contract if the guest fails to make an advance payment and/or a deposit owed by him/her in full and on time.
2. The hotel is entitled to terminate the accommodation contract if the guest smokes illegally during his stay at the hotel, is under the influence of illegal drugs, uses the hotel room for the exercise of a commercial activity with customer traffic, uses the hotel room for prostitution, repeatedly insults hotel staff or other guests despite warnings.
XIII. Data Protection
1. If the guest books a hotel room directly at the hotel or via a third party provider (e.g. a hotel reservation portal), the guesthouse processes the guest’s personal data for the purpose of implementing an accommodation contract including the execution of the hotel stay and the handling of payments (in particular also for tracking the use of the hotel’s services, for check-in and the organization of room access) in accordance with the provisions of the EU Data Protection Basic Regulation (“DSGVO”), the Federal Data Protection Act (“BDSG”) and all other relevant laws. The legal basis for this is Art. 6 para. 1 lit. b) DSGVO. The recipient of the personal data is the hotel with which the accommodation contract for the corresponding hotel room is concluded. Data will only be passed on to third parties within the framework of the legal requirements. We will only pass this on if this is necessary for contractual purposes in accordance with Art. 6 Para. 1 lit. b) DSGVO, if we are obliged to do so by law (Art. 6 Para. 1 lit. c) DSGVO or if we have a justified interest in the economic and effective operation of our business operations in accordance with Art. 6 Para. 1 lit. f.) DSGVO. This includes service providers who, within the framework of an order processing in accordance with Art. 28 DSGVO, are responsible for the technical operation of the booking systems or with
the execution of the accommodation contract in the hotel. We have taken suitable legal precautions as well as appropriate technical and organizational measures to ensure the protection of personal data in accordance with the relevant legal regulations. The data processing takes place in the European Union. The hotel does not transfer any data to a third country (i.e. a country outside the European Union (EU) or the European Economic Area (EEA)). When establishing and implementing the contractual relationship, the guest will not be able to rely solely on automated processing of the data.
including profiling – is suspended in accordance with Art. 22 DSGVO, which has legal effect vis-à-vis the Guest or significantly affects the Guest in a similar manner.
2. The data stored by the Hotel shall be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. Storage obligations arise in particular for reasons of commercial and tax law. In accordance with legal requirements, the data shall be stored for 6 years in accordance with § 257 para. 1 HGB (German Commercial Code) (commercial letters, booking vouchers) and for 10 years in accordance with § 147 para. 1 AO (booking vouchers, commercial and business letters and documents relevant for taxation).
3. If the hotel processes personal data of a guest, the guest is a data subject within the meaning of the DSGVO and has the following rights: right of information (Art. 15 DSGVO), right of correction (Art. 16 DSGVO), right of deletion (Art. 17 DSGVO), right of limitation of processing (Art. 18 DSGVO), right of data transferability (Art. 20 DSGVO) and right to object to processing (Art. 21 DSGVO). Furthermore, the guest has the right to apply to a data protection supervisory authority in accordance with Art. 77 DSGVO in conjunction with § 19 BDSG. In the event of a request for information that is not made in writing, the hotel may request evidence from the Demand guest that prove that the guest is the person the guest claims to be.
5. The Guest may contact our data protection officer by e-mail to firstname.lastname@example.org by phone at +49 (0) 941 600 90 200 or by mail at our postal address with the addition “The Data Protection Officer”.
XIV. General Provisions
1. Changes and additions to the accommodation contract, the acceptance of application or these general terms and conditions must be made in text form. Unilateral changes or additions by the guest are invalid.
2. A possible invalidity of one or more of the above provisions shall not affect the validity of the remaining provisions.
3. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
4. Place of performance and payment as well as exclusive place of jurisdiction – also for cheque and bill of exchange disputes – is the Hotel’s registered office in commercial transactions. If the customer fulfills the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the hotel’s registered office under company law. 8.3 German law shall apply. Application of the UN Sales Convention is excluded. 8.4 In accordance with its legal obligations, the Hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“OS Platform”): http://ec.europa.eu/consumers/odr/ However, the Hotel does not participate in dispute settlement proceedings before consumer arbitration boards.