Familotel - in cooperation with the Feldberger Hof

Changes to Terms and Conditions for the Feldberger Hof

as of 26/08/2024:

I. Scope of Application

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided to the customer by Hotel Feldberger Hof Banhardt GmbH.
The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel.
The customer's terms and conditions shall only apply if this has been agreed in writing in advance

II. Conclusion of Contract, Contracting Parties; Limitation Period

with the booking, which can be made online, verbally, by telephone, by fax or by e-mail, the customer makes a binding offer to conclude an accommodation contract. The accommodation contract is concluded with the booking confirmation by the Hotel Feldberger Hof Banhardt GmbH.
The contracting parties are Hotel Feldberger Hof Banhardt GmbH and the customer. If a third party has made the booking on behalf of the customer, that third party shall be liable to Hotel Feldberger Hof Banhardt GmbH for all obligations arising from the accommodation contract, provided that Hotel Feldberger Hof Banhardt GmbH has received a corresponding declaration from the third party
Insofar as Hotel Feldberger Hof Banhardt GmbH provides services within the scope of the contractual relationship, any claims for defects shall expire one year after the start of the statutory limitation period; for all other claims of the customer, the limitation period is six months. The foregoing does not apply in the event of the hotel's liability for damages arising from injury to life, body, or health, or liability for other damages based on a willful or grossly negligent breach of duty by Hotel Feldberger Hof Banhardt GmbH, its legal representatives, or vicarious agents; in such cases, the statutory limitation periods apply.

III. Vouchers and Mailings

Vouchers issued and sent by Hotel Feldberger Hof Banhardt GmbH are redeemable exclusively at the hotel as described on the vouchers. Vouchers cannot be combined with other vouchers or discount promotions unless explicitly stated on the vouchers. Only one voucher can be redeemed per family and stay. A cash payout for vouchers is generally excluded.
Vouchers are subject to a statutory validity period of three years. After this period has expired, the voucher becomes void, and the customer no longer has the right to redeem it.

IV. Services, Prices, Payment, Offsetting

Hotel Feldberger Hof Banhardt GmbH is obligated to provide the rooms booked by the customer and to deliver the agreed-upon services. The agreed-upon services are based exclusively on those confirmed in the booking confirmation provided by the hotel.
To ensure compliance with legally required general preventive measures, the services agreed upon in the contract may be unilaterally modified by the hotel at any time. This includes, in particular, regulations regarding the wearing of protective clothing in public areas, changes to food and beverage offerings, changes to meal times, changes to and possible cancellation of service offerings, as well as restrictions on the use of hotel infrastructure. Hotel Feldberger Hof Banhardt GmbH must provide evidence to the customer upon request that the unilateral changes to the agreed-upon services are necessary to ensure compliance with legally required general preventive measures. Unilateral changes to the agreed-upon services by the hotel do not affect the price agreed upon in the booking confirmation.
The customer agrees to observe reasonable usage regulations and restrictions on hotel services and to notify Hotel Feldberger Hof Banhardt GmbH immediately in the event of any symptoms of illness.
The customer is obligated to pay the applicable or agreed prices of Hotel Feldberger Hof Banhardt GmbH for the room rental and any additional services they have utilized. This also applies to services and expenses incurred by Hotel Feldberger Hof Banhardt GmbH on behalf of the customer with third parties.
The prices agreed upon in the booking confirmation include the statutory value-added tax (VAT) applicable at the time of booking. If the statutory VAT is increased between the time of booking and the start of the trip, the travel price will increase accordingly. If the statutory VAT is reduced between the time of booking and the start of the trip, the travel price will not be reduced.
If the period between the conclusion of the contract and its fulfillment exceeds four months and the price generally charged by Hotel Feldberger Hof Banhardt GmbH for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but not by more than 10%, provided that the price increase is due to an increase in the maintenance costs necessary for operating the hotel within the four months following the booking. The increase may only be applied in proportion to the rise in the maintenance costs necessary for the hotel's operation.
The contractually agreed prices may also be adjusted by Hotel Feldberger Hof Banhardt GmbH if the customer subsequently requests changes to the number of booked rooms, the services of Hotel Feldberger Hof Banhardt GmbH, the number and age of participants, or the length of the guests' stay, and if Hotel Feldberger Hof Banhardt GmbH agrees to these changes.
A tourist tax must be paid for the stay, which is levied by the municipality of Feldberg per night and per adult guest or per child aged 6 to 15 years. Regardless of the information provided in the booking confirmation, the tourist tax may change according to the municipality's regulations and must be paid by the guest at the applicable rate.
Invoices from Hotel Feldberger Hof Banhardt GmbH are due without deduction upon receipt. Hotel Feldberger Hof Banhardt GmbH is entitled to declare accrued claims due at any time and demand immediate payment. In the event of late payment, Hotel Feldberger Hof Banhardt GmbH is entitled to charge default interest in accordance with Section 288 of the German Civil Code (BGB). The assertion of further damages remains reserved.
The hotel is entitled to request a reasonable advance payment or security deposit at the time of contract conclusion or thereafter, in accordance with legal provisions for offers. The amount of the advance payment and the payment deadlines can be agreed upon in writing in the contract
The customer may only offset or reduce a claim from the hotel with an undisputed or legally binding claim
For the first rebooking after a legally confirmed booking, we charge a fee of 25 euros. For each additional rebooking, a fee of 50 euros will be charged. A prerequisite for any rebooking is the consent of Hotel Feldberger Hof Banhardt GmbH

V. Cancellation by the Customer (i.e. Withdrawal, Cancellation) / Non-utilization of the Hotel's Services

A cancellation by the customer of the contract with Hotel Feldberger Hof Banhardt GmbH requires the written consent of Hotel Feldberger Hof Banhardt GmbH. If this is not obtained, the agreed-upon price from the contract must still be paid even if the customer does not make use of the contractual services. This does not apply in cases where Hotel Feldberger Hof Banhardt GmbH is in default of performance or if the hotel is unable to provide the services through no fault of its own.
The customer has the right to withdraw from the contract with the hotel up to 28 days (23:59 o`clock) before the arrival date without triggering any payment or compensation claims by the hotel. The condition for this is that the cancellation notice must be received by the hotel in text form by the 28th day before the arrival date.
Cancellations made less than 28 days before the arrival date will incur a cancellation fee. Hotel Feldberger Hof Banhardt GmbH is entitled to estimate the damage incurred and to be compensated by the customer. The flat rate for this is 80% of the total booking price. The customer may provide evidence that no damage has occurred or that the damage incurred by Hotel Feldberger Hof Banhardt GmbH is less than the flat rate demanded.
should the Hotel Feldberger Hof be fully booked on individual days during the stay cancelled by the customer, the pro rata travel price attributable to the booked-out days shall not be charged to the customer and shall be deducted from the aforementioned flat rate. The prerequisite is that all rooms in the booked room category are fully booked.
If the customer is unable to commence the booked trip due to a government-imposed general travel restriction (e.g., in the case of a border closure), they can cancel free of charge up to the arrival date, provided proof of the travel restriction is given.
The hotel strongly recommends obtaining travel cancellation insurance, including coverage for early departure (available from any insurer). Familotel's partner is Allianz; here is the link: Travel Cancellation Insurance. Reiseversicherung - jetzt online abschließen! (allianzdirect.de)

VI. Landlord’s Right to Withdraw

If an agreed advance payment is not made even after a reasonable extension set by Hotel Feldberger Hof Banhardt GmbH, with a threat of rejection, the hotel is entitled to withdraw from the contract. If the hotel is closed by authorities for general preventive reasons, no cancellation fees will apply to the customer.
Hotel Feldberger Hof Banhardt GmbH is entitled to withdraw from the contract for a materially justified reason, for example, if:
a. Force majeure or other circumstances not attributable to Hotel Feldberger Hof Banhardt GmbH make it impossible to fulfill the contract.
b. Rooms are booked under misleading or false representations of essential facts, such as the identity of the customer or the purpose of the booking.
c. Hotel Feldberger Hof Banhardt GmbH has reasonable grounds to believe that the use of the hotel services could endanger the smooth operation of the business, the safety and health of other guests or staff, or the safety or reputation of Hotel Feldberger Hof Banhardt GmbH in the public domain, without this being attributable to the hotel's control or organizational sphere.
d. In the event of a visible or known contagious disease (e.g., measles, gastrointestinal illnesses), the guest is required to inform Hotel Feldberger Hof Banhardt GmbH immediately and to leave the hotel immediately. If a travel participant shows symptoms of a contagious disease, this must be reported to the hotel immediately.
The hotel is entitled to terminate the contract without notice and to remove the guest from the premises if the guest does not settle an outstanding invoice or interim invoice upon its due date or fails to provide the required security as specified in Section 3, Item 6. The hotel's right of lien pursuant to Section 704 of the German Civil Code (BGB) remains unaffected.
For ONLINE BOOKINGS, the hotel reserves the right to cancel the booking within 24 hours. The automatically generated booking confirmation from the online booking engine Vioma is not legally binding within this period

VII. Non-utilization of the booked rooms/services

if the customer does not arrive by 23:59 on the agreed day of arrival without informing the hotel, the hotel shall automatically withdraw from the accommodation contract and may offer the room to someone else. The agreed travel price according to the reservation confirmation is due immediately at 100%, unless all rooms of the category booked by the guest could be rented out and the hotel was fully booked in the booked category In this case, the travel price is reduced for each day of the alternative rental by the amount for which the hotel was able to rent the booked room to another party.
at the customer's request, the hotel must provide information on the duration of the alternative letting and the rental price realised. The guest is responsible for proving that the room was not rented to another party. Any errors made by the customer regarding the agreed date of arrival are irrelevant, provided that this is clearly stated in the booking confirmation. The prerequisite is that all rooms in the booked category are sold out.

VIII. House Rules / Compensation

Hotel Feldberger Hof Banhardt GmbH reserves the right to exercise house rules at any time and without providing reasons, even after a contract has been concluded. The customer does not have any claim for damages against Hotel Feldberger Hof Banhardt GmbH, except in cases of intentional or grossly negligent behavior by Hotel Feldberger Hof Banhardt GmbH, its legal representatives, or vicarious agents. This does not apply in cases of liability for damages arising from injury to life, body, or health

IX. Payment – Advance Payment

A prepayment of up to 50% of the agreed price may be required for the reservation.
If requested prepayments by the hotel are not made by the specified date, this immediately releases the hotelier from the agreements made.

X. Room Provision, Handover, and Return

The customer does not have a right to the provision of specific rooms unless this right is explicitly mentioned in the booking confirmation
Booked rooms are available to the customer from 4:00 PM on the agreed arrival date. The customer has no right to an earlier provision.
On the agreed departure date, rooms must be vacated and made available to Hotel Feldberger Hof Banhardt GmbH by 10:00 AM at the latest. After this time, the hotel may charge 50% of the usual room rate for the additional use of the room until 3:00 PM and 100% for any use beyond 3:00 PM, in addition to any damage incurred by the hotel. The customer may provide evidence to Hotel Feldberger Hof Banhardt GmbH that no or significantly less damage has occurred.
A fee of €50 per lost key will be charged in the event of a lost room key.

XI. Liability of the Hotel

Hotel Feldberger Hof Banhardt GmbH is liable for its obligations under the contract with the care of a diligent merchant. Liability, unless it concerns essential contractual duties (cardinal duties) in the typical performance area, is limited to damages caused by intentional or grossly negligent behavior of the hotel, its legal representatives, or vicarious agents; this does not apply to liability for damages resulting from injury to life, body, or health. If disturbances or defects in the services of Hotel Feldberger Hof Banhardt GmbH occur, the hotel will, upon becoming aware or upon immediate complaint by the customer, endeavor to remedy the situation. The customer is obligated to contribute what is reasonable to remedy the disturbances and to minimize any potential damage.
For items brought in, the hotel is liable to the customer according to statutory provisions, which is up to one hundred times the room rate, but a maximum of €3,000.00, and for money and valuables up to €750.00. Money and valuables can be stored in the room safe. The hotel recommends taking advantage of this option. Claims for damages expire if the customer does not immediately notify the hotel after becoming aware of loss, destruction, or damage (§ 703 BGB). Claims for damages also expire if the customer does not keep the room or balcony door locked, and valuables can be easily stolen as a result.
For unlimited liability of Hotel Feldberger Hof Banhardt GmbH, statutory provisions apply.
If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a contract of safekeeping. The hotel is not liable for loss or damage to vehicles and their contents parked or maneuvered on the hotel property, except in cases of intent or gross negligence. This also applies to vicarious agents of Hotel Feldberger Hof Banhardt GmbH
Wake-up calls are executed by the hotel with the greatest care. Claims for damages are excluded, except in cases of gross negligence or intent.
Messages, mail, and goods for guests are handled with care. The hotel takes responsibility for delivery, storage, and, upon request, forwarding of these items for a fee. Claims for damages are excluded except in cases of gross negligence or intent.
Smoking is strictly prohibited in all enclosed areas of the hotel. In case of violation, the hotel will charge a fee of €250.
The same applies to tampering with smoke detectors or unauthorized opening of emergency doors. The hotel reserves the right to claim higher damages if, for example, the hotel is billed for a fire department response or if fire damage to hotel property was caused by unauthorized smoking.
for safety reasons, the charging of bicycle batteries is not permitted in the entire hotel area, especially in hotel rooms, stairwells, corridors and sanitary areas. We would like to point out that any damage caused by improper charging must be compensated by the customer and will be charged to the hotel. Please contact reception to enquire about suitable charging facilities.

XII. Video Surveillance

For your own safety, the public areas of Hotel Feldberger Hof are monitored by video surveillance.

XIII. Wellness / Massages / Treatments

The wellness massages offered are purely preventive measures aimed at preventing and avoiding diseases. They are intended solely to enhance well-being. No diseases will be treated as part of these preventive services. By booking a treatment, you confirm that you do not have any serious conditions that would contraindicate the treatment.
Appointments/treatments can be canceled free of charge up to 48 hours before the booked time. If a treatment is not canceled in time, we reserve the right to charge 100% of the cost. The treatment will be automatically billed to your room account (this also applies in case of no-show).
If a massage or cosmetic treatment is booked in advance through our booking system MySpa, the booking is only considered confirmed if written confirmation is received after completing the booking process. The guest does not have a right to a guaranteed treatment if this confirmation is not provided.

XIV. Final Provisions

Changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are ineffective.
The place of performance and payment is the hotel's location.
The exclusive place of jurisdiction – including for disputes concerning checks and bills of exchange – is the location of the hotel in commercial transactions. If a contracting party meets the requirements of § 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the location of the hotel applies as the place of jurisdiction.
The correction of errors as well as printing and typographical mistakes is reserved
Oral agreements do not take precedence over these terms and conditions. The customer bears the burden of proof for oral agreements unless they have been confirmed in writing by Hotel Feldberger Hof Banhardt GmbH.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules is excluded.
Should individual provisions of these General Terms and Conditions for hotel accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions apply.