Terms and conditions

General Terms and Conditions Boutiquehotel Ochsen GmbH (Booking Conditions)

§ 1 Scope of application

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). They do not apply to package holidays within the meaning of § 651a BGB. The term ‘hotel accommodation contract’ includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby the right of cancellation pursuant to Section 540 (1) sentence 2 BGB is waived.
3. Contracts are concluded between Boutiquehotel Ochsen GmbH, Benno-Reifenberg-Weg 13, 79822 Titisee-Neustadt, Germany, AG Freiburg, HRB 729902 (hereinafter ‘Hotel’ or ‘we’) and the booking customers of the Hotel (‘Customer’ or ‘you’).
4. The booking conditions apply regardless of whether the customer is a consumer or an entrepreneur. In accordance with Section 13 of the German Civil Code (BGB), a ‘consumer’ is any natural person who concludes the contract for purposes that are predominantly outside their trade, business or profession. In accordance with Section 14 of the German Civil Code (BGB), an ‘entrepreneur’ is a natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
5. Any terms and conditions provided by customers shall not be accepted. This also applies if we do not expressly object to the inclusion of such terms and conditions when accepting a booking.

§ 2 Conclusion of contract

1. The presentation and advertising of our services and products on our homepage, in brochures or similar does not constitute a binding contractual offer. A contract is only concluded when we accept your booking through a declaration of acceptance or through conclusive behaviour, e.g. through the provision of services or delivery.
2. You can make a binding booking via the booking portal on our homepage by clicking on the button ‘order with obligation to pay’ (or a similarly labelled button) or by telephone, e-mail or on site at our hotel.
3. These booking conditions do not contain any provisions regarding the period within which we can accept your booking. In this respect, the statutory provision in Section 147 (2) BGB applies, according to which a contractual offer can only be accepted up to the time at which the party making the offer may expect to receive the response under normal circumstances.
4. We confirm the receipt of bookings made via the booking portal on our homepage immediately by e-mail in accordance with the legal requirements. Such an e-mail does not constitute a binding acceptance of the booking unless, in addition to confirming receipt, it also declares acceptance of the booking.
5. In accordance with the statutory provisions, we would like to point out that we do not save the text of the contract after it has been concluded. The text of the contract is therefore not accessible to you via the booking portal on our homepage after your booking or order. However, you will receive the booking data and these booking conditions by e-mail with the confirmation of receipt in accordance with paragraph 4. You can also view our booking conditions on our homepage or request them from us.
6. In accordance with the statutory provisions, we would also like to point out that the conclusion of the contract via the booking portal on our website is only possible in German.

§ 3 Services, prices, payment, offsetting

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services utilised by the customer. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
3. The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor’s tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly.
4. If payment on account has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.
5. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall apply if the customer is in default of payment.
6. In justified cases, e.g. if the customer is in arrears with payment or if the scope of the contract is extended, the hotel shall be entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of Section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
7. Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of Section 3.5 above for existing and future claims arising from the contract, insofar as such has not already been made in accordance with Section 3.5 and/or Section 3.6 above.
8. The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.
9. The customer agrees that the invoice may be sent to him electronically.

§ 4 Withdrawal / termination (‘cancellation’) by the customer and non-utilisation of the hotel’s services (‘no show’)

1. The customer may only unilaterally withdraw from the contract concluded with the hotel if a right of cancellation has been expressly agreed in the contract or if a statutory right of cancellation or termination exists.
2. If the hotel and the customer have agreed on a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise it in text form vis-à-vis the hotel by the agreed date.
3. If a right of cancellation has not been agreed or has already expired and there is also no statutory right of cancellation or termination, the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third-party services and 70% for half-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.

§ 5 Cancellation by the hotel

1. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel with a reasonable deadline. This applies accordingly if an option is granted, if other enquiries are received and the customer is not prepared to make a firm booking upon enquiry by the hotel within a reasonable period of time.
2. If an advance payment or security deposit agreed or demanded in accordance with Clause 3.5 and/or Clause 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
3.  Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if
   1. force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
   2. rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
   3. the hotel has justified cause to believe that the use of the service may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organisation;
   4. the purpose or reason for the stay is unlawful;
   5. there is a breach of the above-mentioned clause 1.2.
4. The justified cancellation by the hotel does not constitute a claim for damages on the part of the customer. Should the hotel have a claim for damages against the customer in the event of cancellation in accordance with the above Clause 5.2 or 5.3, the hotel may charge a lump sum. Clause 4.3 shall apply accordingly in this case.

§ 6 Provision, handover and return of rooms

1. The customer is not entitled to the provision of specific rooms unless this has been expressly agreed in text form.
2. Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (price according to the price list) for the late vacating of the room for its use in excess of the contract until 6.00 p.m., and 90% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.
4. Rooms provided may only be used for the purpose of accommodation by the persons specified at the time of booking or check-in.
5. Subletting or re-letting of hotel rooms provided is not permitted without the prior written or textual consent of the hotel.

§ 7 No right of cancellation

1. In accordance with the statutory provisions, we would like to point out that consumers are not entitled to a right of cancellation in accordance with the statutory provisions (§ 312g para. 2 no. 9 BGB) for contracts concluded at a distance (e.g. via the booking portal on our homepage, by telephone, by e-mail, by post or by fax) for accommodation in booked rooms.

§ 8 Liability of the hotel

1. The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations which make the proper fulfilment of the contract possible in the first place and on the fulfilment of which the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.
2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
3. Insofar as the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and their contents, the hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are handled with care. After prior consultation with the customer, the hotel may accept, store and – upon request – forward mail and consignments of goods for a fee. The hotel shall only be liable in this respect in accordance with the above clause 7.1, sentences 1 to 4.

§ 9 Final provisions

1. Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.
2. If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Titisee-Neustadt.
3. However, the hotel may also choose to sue the customer at the customer’s place of business. The same applies to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
5. In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (‘ODR platform’): http://ec.europa.eu/consumers/odr/
6.  However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
7. In all other respects, the applicable statutory provisions apply to local and international jurisdiction.

Boutiquehotel Ochsen GmbH, as at 01.12.2024

General Terms and Conditions Vouchers Boutiquehotel Ochsen GmbH (Voucher GTC)

§ 1 Scope of application

1. These GTC apply to the sale of vouchers.
2.  Contracts are concluded between Boutiquehotel Ochsen GmbH, Benno-Reifenberg-Weg 13, 79822 Titisee-Neustadt, Germany, AG Freiburg, HRB 729902 (hereinafter ‘Hotel’ or ‘we’) and the booking customers of the Hotel (‘Customer’ or ‘you’).
3.  The GTC apply regardless of whether the Customer is a consumer or an entrepreneur. In accordance with Section 13 of the German Civil Code (BGB), a ‘consumer’ is any natural person who concludes the contract for purposes which can predominantly be attributed neither to their commercial nor their independent professional activity. In accordance with Section 14 of the German Civil Code (BGB), an ‘entrepreneur’ is a natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
4. Any terms and conditions provided by customers shall not be accepted. This also applies if we do not expressly object to the inclusion of such terms and conditions when accepting an order.

§ 2 Conclusion of contract

1.  The presentation and advertising of our services and products on our homepage, in brochures or similar does not constitute a binding contractual offer. A contract is only concluded when we accept your order by a declaration of acceptance or by conclusive behaviour, e.g. by delivery.
2. You can place a binding order via the booking portal on our homepage by clicking on the button ‘order with obligation to pay’ (or a similarly labelled button) or by telephone, e-mail, post or fax as well as on site at our hotel.
3. These General Terms and Conditions do not make any provision regarding the period within which we can accept your order. In this respect, the statutory provision in Section 147 (2) BGB applies, according to which a contractual offer can only be accepted up to the time at which the party making the offer may expect to receive the response under normal circumstances.
4. We confirm the receipt of orders placed via the booking portal on our homepage immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to confirming receipt, it also declares acceptance of the order.
5.  In accordance with the statutory provisions, we would like to point out that we do not save the text of the contract after it has been concluded. The text of the contract is therefore not accessible to you after your booking or order via the booking portal on our homepage. However, you will receive the order data and these GTC by e-mail with the confirmation of receipt in accordance with paragraph 4. You can also view our GTC on our homepage or request them from us.
6. In accordance with the statutory provisions, we would also like to point out that the contract can be concluded in electronic form, i.e. via the booking portal on our website, in German, English or French.

§ 3 Prices, terms of payment, offsetting

1. All prices stated on the booking portal of our homepage or in price lists and the like are gross prices including statutory VAT.
2.  The means of payment specified in the booking portal are available.
3.  You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed.

§ 4 Purchase of vouchers

1. In accordance with the provisions of these GTC, you can purchase vouchers for certain services or products of our hotel.
2.  The value of the available vouchers and the respective service packages for which the vouchers can be redeemed are indicated on the booking portal of our homepage and can be requested from us.
3. The vouchers are freely transferable and can therefore be used as a gift voucher, for example.
4.  The vouchers can be redeemed with us by the respective holder of the voucher. The services are provided in accordance with the relevant GTC or booking conditions. Cash payment of the voucher value is excluded. Claims arising from the vouchers expire in accordance with the statutory provisions.

§ 5 Right of withdrawal of consumers when purchasing vouchers at a distance

1. If you purchase vouchers as a consumer (see § 1 para. 3) by distance selling, i.e. via the booking portal on our homepage, by telephone, by e-mail, by post or by fax, you have the right to cancel the purchase contract for the voucher in accordance with the statutory provisions.
2.  The statutory provisions and the provisions of the following, which comply with the statutory requirements, apply to revocation

Cancellation policy:

1. Right of withdrawal:
   You have the right to withdraw from this contract within fourteen days without giving any reason.
   The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

 To exercise your right of withdrawal, you must contact us,
   Boutiquehotel Ochsen GmbH
   Benno-Reifenberg-Weg 13
   79822 Titisee-Neustadt
   E-mail: rezeption@boutiquehotel-ochsen.de
   Telephone: +49 (0)7653 90 01 0
   of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
2. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.you must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this contract.
3. You shall bear the direct costs of returning the goods and shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
4. Sample withdrawal form:
(If you wish to cancel the contract, please complete this form and return it to us).
   To
   Boutiquehotel Ochsen GmbH
   Benno-Reifenberg-Weg 13
   79822 Titisee-Neustadt
   E-Mail: rezeption@boutiquehotel-ochsen.de
   Phone: +49 (0)7653 90 01 0
   I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
________________________________________________________
   Ordered on (*)/received on (*) ________________________________
   Name of the consumer(s) ________________________________
   Address of the consumer(s) ______________________________
   Signature of the consumer(s) (only for notification on paper)
_________________________________________________________
   Datum ___________________________________________________
_______________
   (*) Delete as appropriate

§ 6 Liability

1. We shall be liable to you in all cases of contractual and non-contractual liability for damages or reimbursement of futile expenses in the event of intent and gross negligence in accordance with the statutory provisions. In other cases, we shall only be liable – unless otherwise stipulated in paragraph 2 – in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely, limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph
2. Our liability for damages resulting from injury to life, body or health, for any guarantees assumed and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
3. The above liability provisions shall also apply in cases in which you may be entitled to compensation for damages or reimbursement of futile expenses due to material defects or defects of title in accordance with the statutory provisions.

§ 7 Applicable law and place of jurisdiction

1. German law shall apply to the exclusion of conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods. If you have placed an order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence
2. For disputes arising from or in connection with orders placed by merchants, legal entities under public law or special funds under public law, the courts with local jurisdiction for the hotel’s registered office shall have exclusive jurisdiction; in all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

Boutiquehotel Ochsen GmbH, as of 01.12.2024