General Terms and Conditions
I. Contract parties, Applicability:
1. The contract parties for whom these General Terms and Conditions are applicable are geobra Brandstätter Stiftung & Co. KG, Brandstätter Str. 2-10, 90513 Zirndorf (hereinafter “The Hotel”), as operator of the PLAYMOBIL-Hotel, and the customer on the other hand.
2. These General Terms and Conditions are applicable to all contracts on the rental transfer of hotel rooms of the Hotel for accommodation as well as for all additional services provided by the Hotel to the customer in association with his stay (hotel accommodation contract).
II. Conclusion of contract:
1. The hotel accommodation contract is concluded upon acceptance of the customer’s application by the Hotel – independent of its form.
2. The Hotel is entitled to reject a conclusion of contract without providing reasons, however, in particular if the use of Hotel services by the customer would be suitable to endanger the proper operation, the security or the reputation of the Hotel in the public perception. The customer is obliged to notify the Hotel of such an endangerment potential prior to conclusion of contract.
III. Object of contract:
1. The object of contract is determined exclusively by the services agreed to between the Hotel and the customer, in particular the rental transfer of hotel rooms for accommodation as well as all additional services agreed to in this context such as, for example, catering services or restaurant services. Special services must be requested by the customer and will become an object of contract only upon the express or written (text form adequate) consent of the Hotel, at its option.
2. To the extent that the customer books services in the form of a season package wherein he also acquires admission tickets for the PLAYMOBIL-FunPark, an additional contract on the use of the PLAYMOBIL-FunPark is concluded along with the hotel accommodation contract and the separate agreement on additional services, such as for example restaurant services. Object of this contract is the rules of the PLAYMOBIL-FunPark-Policy which the customer receives separately prior to conclusion of contract.
3. The customer has to comply with the hotel rules.
IV. Usage right of the customer:
1. Subletting or subleasing of the transferred premises, use of the transferred hotel rooms for purposes other than accommodation, public invitations or other promotional measures, conducting personal interviews, sales or similar events or the use of hotel areas outside of the rented rooms for the above referenced purposes is not permitted.
2. The customer shall treat the facilities of the Hotel as well as the room in a careful manner and, in particular, shall avoid heavy soiling and damages. In the event that soiling and/or damages in excess of common use are determined, the Hotel is entitled to subsequently invoice the customer for the necessary repairs and/or cleaning costs.
3. Dogs or other animals are not permitted.
V. Prices:
1. The customer is obliged to pay for the rental transfer of the Hotel room(s) and for additional contractually agreed to services such as additional services used by him at the agreed to or applicable prices of the Hotel. This also applies to such services of third parties as the customer engages directly or via the Hotel whose remuneration are advanced by the Hotel. The customer has no right to advanced payment to third parties.
2. The prices agreed to in the contract include taxes applicable at the time of conclusion of the contract as well as local fees. Upon changes to the statutory VAT or the introduction, change or elimination of local fees imposed on the object of contract after conclusion of contract, the Hotel is entitled to adjust the prices in a corresponding manner if the time between the conclusion of the contract and contract performance exceeds four months.
VI. Term of payment, Security:
1. After performance of services by the Hotel, payment of the entire price owed under the contract is immediately due without deduction if nothing else has otherwise been agreed.
2. If payment on account has been agreed upon with the customer, the payment – subject to a divergent agreement – shall be made within 14 days after receipt of the invoice without deduction if nothing else has otherwise been agreed.
3. In the event of arrears, the customer shall compensate the Hotel for the statutory interest on arrears as well as for any additional damages incurred due to the arrears pursuant to statutory provisions.
4. The Hotel may demand from the customer an appropriate prepayment based on the total price or a security deposit, for example, in the form of a credit card guarantee. The amount of the prepayment and the payment deadlines can, at the option of the Hotel, be agreed to in the contract in writing.
5. In justified cases, for example, upon payment arrears of the customer (including the contractually agreed to prepayments) or a subsequent extension of the scope of contract, the Hotel is also entitled after conclusion of contract and until the beginning of the stay to demand an (additional) prepayment or security deposit in accordance with Number 4. above or an increase in the agreed to prepayment or security deposit in the contract up to the full amount of the agreed to remuneration.
6. Furthermore, up to the beginning or during the stay of the customer, the Hotel is entitled to demand an appropriate prepayment or security deposit within the meaning of Number 4. above if such a demand has not already been made in accordance with Numbers 4. and 5. above or has not been agreed to or demanded prior to the beginning of the stay.
VII. Setoff:
The customer may declare a setoff of a payment demand of the Hotel only with an undisputed, final or ready for resolution demand.
VIII. Room readiness and return:
1. The customer does not acquire a right to a particular room through the hotel accommodation contract if nothing else has otherwise been agreed.
2. If no other divergent agreement on the time of readiness has been reached, the Hotel makes the room available as of 4 p.m. on the day of arrival in accordance with the reserved category. The Hotel may also perform its obligation through making available a room in a higher category without a surcharge.
3. Unless a later arrival time has been expressly agreed or the room in question has been prepaid, the hotel has the right to assign booked rooms to other guests after 6 p.m. without the customer being able to derive a claim against the hotel from this. There is no obligation to assign rooms elsewhere.
4. On the agreed to day of departure, the customer shall make the room(s) available to the Hotel at the latest by 10 a.m.
5. In the event that the customer uses the room beyond 10 a.m. on the day of departure, the Hotel is entitled to charge 50 % of the daily list price for the room category for use beyond the contractual time until 6 p.m., and between 6 p.m. and 12 a.m. at least 90 % of this price. Additional contractual rights of the customer are hereby not established. The customer is free to prove that the Hotel has no claim, or a significantly lower claim, to usage remuneration.
IX. Right of withdrawal of the customer, Non-utilisation of Hotel services by the customer:
1. If the customer has a right of withdrawal based on statutory provisions, those statutory provisions apply with regard to the consequences of the withdrawal and of its exercise.
2. In addition, the customer is granted a contractual right of withdrawal (cancellation right) under the following conditions. The exercise of this contractual right of withdrawal shall be made in writing to the Hotel. If the customer exercises this right of withdrawal, he shall pay the contractually agreed to total price as the cancellation price in the following amounts to the Hotel:
a) Up to 30 days prior to arrival: gratis
b) From 29 to 15 days prior to arrival: 35%
c) From 14 to 7 days prior to arrival: 50 %
d) From 6 days to 1 day prior to arrival: 75 %
e) On the day of arrival: 90%
The customer is free to prove that the Hotel has suffered no damages or significantly lower damages through his exercise of the right of withdrawal.
3. If the customer does not utilise the services of the Hotel on the agreed day of arrival without exercising the contractual right of withdrawal, he shall pay 90 % of the total contractual price. The customer is free to prove that the Hotel has suffered no damage at all, or a significantly lower damage, as a result of his non-appearance.
X. Right of withdrawal of the Hotel:
1. The Hotel is entitled to withdraw from the contract on the basis of statutory provisions.
2. The hotel is also exceptionally authorised to withdraw from the contract for objectively justified reasons, especially if
force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
hotel services were booked under confusing or false information or concealment of facts crucial to the contract. Crucial to the contract may be the identity of the customer, the customer’s ability to pay or the purpose of the customer’s stay;
the hotel has reason to assume that the use of the hotel service may endanger smooth business operation, the safety or reputation of the hotel in public without this being attributable to the sphere of control or organisation;
the purpose or reason for the stay is illegal,
An agreed advance payment or one required as per these GTC has not been paid, even after a reasonable grace period set by the hotel has passed.
3. The justified hotel's withdrawal does not give the customer the right to claims for damages.
4. In the event of the exercise of withdrawal by the Hotel, its rights to damages remain unaffected.
XI. Liability of the Hotel:
1. The Hotel is liable for damages resulting from injuries to life, limb or health for which it bears responsibility. In addition, the Hotel is liable for other damages resulting from an intentional or grossly negligent breach of duty of the Hotel and for damages resulting from an intentional or negligent breach of obligations typical of the Hotel. Such typical obligations under this contract are those obligations which first enable the proper performance of the contract and the performance of which the customer trusts and in which he may trust. A breach of duty by a statutory representative or by an agent is the equivalent of a breach of duty by the Hotel.
2. In the event that disturbances or defects in services of the Hotel occur, upon knowledge thereof or upon a complaint lodged by the customer, the Hotel shall strive to provide a remedy. The customer is herein obliged to make a reasonable contribution to remedy the disturbance and to limit any potential damage. In addition, the customer is obliged to notify the Hotel in a timely manner of the possibility of an unusually high damage arising.
3. The Hotel is liable to the customer pursuant to statutory provisions for objects brought into the room or into other areas of the Hotel by the customer. It is recommended to use the room safe.
4. In the event that the customer is provided a parking space in the Hotel underground garage, even in return for compensation, no safekeeping contract is hereby established. There is no supervisory obligation of the Hotel. Upon loss or damage to motor vehicles and their contents parked or manoeuvring on the Hotel property, the Hotel is liable only in accordance with Numbers 1-3 above. Independent thereof, the customer shall promptly notify the Hotel of damages incurred.
XII. Domiciliary right
Hotel personnel are entitled to expel customers from the premises without a refund of the paid price and parking fees for good cause, in particular he/she
a) is harassing another customers,
b) is disturbing the peace and order in the hotel, or
c) is violating the house rules in their currently valid form, or
d) is violating or refuses to comply with the legally prescribed Covid-19 measures or those provided by the hotel's hygiene concept.
XIII. Final provisions:
1. Amendments and/or supplements to the contract or to these General Terms and Conditions should be preferably in writing. Unilateral amendments and/or supplements on the part of the customer are invalid.
2. The law of the Federal Republic of Germany is applicable. Application of UN sales law and of conflict of laws is precluded.
3. The hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
4. If individual provisions of these General Terms and Conditions are or become invalid or void, the validity of the remaining provisions is not affected. Otherwise statutory provisions are applicable.