T&Cs

1. SCOPE OF APPLICATION

1.1 These General Terms and Conditions (GTC) apply to all contracts concluded by Das Karl (Hotel) with third parties (Customer/s) regarding the provision of hotel rooms for the Customer’s accommodation, all related services and supplies provided by the Hotel to the Customer, and the provision of event spaces, personnel, and prepared food and beverage services.

1.2 For the sake of readability, the generic masculine form is used in this contract. Unless otherwise indicated, the terms referring to persons used in this contract apply to all genders.

1.3 Any subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior consent of the Hotel in text form; Section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded to the extent that the customer is not a consumer.

1.4 The customer’s general terms and conditions shall apply only if expressly agreed upon in writing in advance.

2. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS

2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts a reservation and/or signs a contract with the customer.

2.2 When booking via the hotel’s own website, the request to conclude a contract is finalized by clicking the “BOOK” button. The hotel reserves the right to confirm or reject the room booking in writing.

2.3 If the booking is made by a third party on behalf of the customer, this third party shall be liable to the hotel jointly and severally with the customer.

2.4 As a general rule, all claims against the hotel become time-barred one year after the statutory commencement of the limitation period. This does not apply to claims for damages or to other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3. SERVICES, PRICES, PAYMENT, DEFAULT, SET-OFF

3.1 The hotel is obliged to make the rooms booked by the customer available and to provide the agreed services.

3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for the provision of the room and for any additional services utilized. This also applies to services commissioned by the customer—either directly or through the hotel—that are provided by third parties and paid for in advance by the hotel.

3.3 The agreed prices include the taxes applicable at the time the contract is concluded (gross prices). Not included are local levies for which the guest is personally liable under applicable local regulations, such as a spa tax or tourism levy.

3.4 In the event of a change in statutory VAT, or the introduction, modification, or abolition of local levies applicable to the subject matter of the contract after the contract has been concluded, prices shall be adjusted accordingly. In the case of contracts with consumers, this applies only if the period between the conclusion of the contract and its performance exceeds four months.

3.5 Hotel invoices that do not specify a due date are payable without deduction within ten business days of receipt. The hotel may demand immediate payment of due claims from the customer at any time. Statutory provisions apply in the event of late payment by the customer. The hotel reserves the right to prove higher damages.

3.6 The hotel is entitled to require a reasonable advance payment or security deposit from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates may be specified in writing in the contract.

3.7 The hotel is entitled to require a security deposit upon the customer’s check-in: 25% of the agreed remuneration via pre-authorization on an accepted credit card; 25% of the agreed remuneration via a cash down payment; or payment of the full agreed remuneration via an EC card or Girocard authorized for use in the EU payment system.

3.8 Statutory provisions apply in the event of the customer’s default.

3.9 In justified cases—for example, if the customer is in arrears with payment or the scope of the contract is extended—the hotel is entitled, even after the contract has been concluded and up until the start of the stay, to demand a further prepayment or security deposit as defined in the aforementioned Clause 3.6, or an increase in the prepayment or security deposit agreed upon in the contract up to the full amount of the agreed remuneration.

3.10 The Hotel is further entitled to demand from the Customer, at the beginning of and during the stay, a further reasonable prepayment or security deposit within the meaning of the aforementioned Clause 3.6 to cover existing and future claims arising from the contract, insofar as such has not already been provided in accordance with the aforementioned Clause 3.6 and/or Clause 3.7.

3.11 The Customer may only offset or set off a claim against a claim of the Hotel if the Customer’s claim is undisputed, has been established by a final and binding court judgment, or is ready for a decision.

3.12 The customer agrees that the invoice may be transmitted electronically.

4. CUSTOMER WITHDRAWAL (CANCELLATION) / NON-UTILIZATION OF HOTEL SERVICES (NO-SHOW)

4.1 Unilateral termination of the contract by the customer free of charge is only possible if a right of withdrawal has been expressly agreed upon in the contract, if another statutory right of withdrawal exists, or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract must be made in text form.

4.2 If a deadline for free withdrawal from the contract has been agreed upon between the customer and the hotel, the customer may withdraw from the contract up to that time without giving rise to any claims for payment or damages on the part of the hotel.

4.3 The customer’s right of withdrawal expires if they do not exercise their right to withdraw vis-à-vis the hotel in text form by the agreed deadline.

4.4 If no right of withdrawal has been agreed upon or such right has already expired, and if there is no statutory right of withdrawal or termination and the hotel does not consent to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite the non-utilization of the service. The hotel must credit revenue from the re-letting of the premises and/or rooms as well as saved expenses.

4.5 If the rooms are not otherwise rented out, the hotel may apply a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation (with or without breakfast) and for package arrangements including third-party services, 70% for half-board arrangements, and 60% for full-board arrangements. The customer is entitled to prove that the aforementioned claim did not arise or did not arise in the amount demanded.

4.6 Any prepayments, down payments, and/or security deposits made by the customer that exceed the hotel’s payment entitlement shall be refunded to the customer without delay in the event of withdrawal.

5. CANCELLATION BY THE HOTEL

5.1 If a right of withdrawal for the customer free of charge within a specific period has been agreed upon, the hotel is likewise entitled to withdraw from the contract during this period if inquiries regarding the contractually booked rooms are received from other customers and the customer, upon the hotel’s inquiry and the setting of a reasonable deadline, does not waive their right of withdrawal.

5.2 If an advance payment or security deposit agreed upon or requested pursuant to Clause 3.6 and/or Clause 3.7 is not made even after the expiration of a reasonable grace period set by the Hotel, the Hotel is likewise entitled to withdraw from the contract.

5.3 The hotel is further entitled to withdraw from the contract for good cause, particularly if

• force majeure or other circumstances beyond the Hotel’s control render performance of the contract impossible—with circumstances of force majeure including, for example but without limitation, war, strikes, consequences of industrial action at the Hotel for which the Hotel is not responsible, civil unrest, expropriations, thunderstorms, lightning strikes, storms, pandemics, mining subsidence, floods and other natural disasters, or bomb disposal operations in the vicinity of the Hotel
• rooms or spaces are booked culpably based on misleading or false information or the concealment of material facts; material facts in this context may include the customer’s identity, solvency, or the purpose of the stay
• the hotel has reasonable grounds to believe that the use of the service could jeopardize the hotel’s smooth business operations, safety, or public reputation, without this being attributable to the hotel’s sphere of control or organization
• the purpose or reason for the stay is unlawful
• there is a violation of Clause 1.2 of the General Terms and Conditions.

5.4 In the event of a requirement imposed by competent local authorities and/or a regulation or order issued by the competent local government that restricts or completely prohibits the continuation of hotel operations, the Hotel is likewise entitled to withdraw from the contract for cause, provided that the requirement, regulation, or order was not directly and culpably caused or instigated by the Hotel and that the hotel service forming the subject matter of the contract is affected by the restriction or complete prohibition of hotel operations.

5.5 The hotel’s justified withdrawal does not give rise to any claim for damages on the part of the customer.

5.6 Any prepayments, down payments, and/or security deposits made by the customer that exceed the hotel’s payment entitlement shall be refunded to the customer without delay in the event of cancellation.

6. ROOM PROVISION, HANDOVER, AND RETURN

6.1 The customer does not acquire a claim to the provision of specific rooms unless expressly agreed in text form.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier availability.

6.3 Bringing a pedelec, e-bike, and/or a battery for a pedelec or e-bike into the guest room is not part of the accommodation service and is not permitted for the customer.

6.4 On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation rate (list price) for use of the room beyond the contractual period up to 6:00 p.m., and 90% from 6:00 p.m. onwards. This does not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel incurred no claim – or a significantly lower claim – for a usage fee.

7. HOTEL LIABILITY

7.1 The Hotel is liable for the fulfillment of its contractual obligations. Claims for damages by the Customer are excluded, except for damages attributable to the Hotel resulting from injury to life, body, or health. Furthermore, the Hotel is liable for other damages based on an intentional or grossly negligent breach of duty by the Hotel, or on an intentional or negligent breach of the Hotel’s obligations that are essential to the contract. Obligations essential to the contract are those whose fulfillment is a prerequisite for the proper execution of the contract and on whose observance the Customer regularly relies and is entitled to rely. A breach of duty by the Hotel is deemed equivalent to a breach of duty by a legal representative or an agent used to perform an obligation. Any further claims for damages are excluded, unless otherwise stipulated in this Section 8 of the General Terms and Conditions. Should disruptions or defects in the Hotel’s services occur, the Hotel shall endeavor to provide a remedy upon becoming aware of them or upon receiving an immediate complaint from the Customer. The Customer is obliged to contribute whatever is reasonable to rectify the disruption and to minimize any potential damage.

7.2 The hotel is liable for items brought onto the premises in accordance with statutory provisions. The hotel recommends using the hotel safe or the in-room safe. If the customer wishes to bring in cash, securities, or valuables worth more than 800 euros, or other items worth more than 3,500 euros, a separate safekeeping agreement with the hotel is required.

7.3 If the customer is provided with a parking space in the hotel garage or on the hotel parking lot – even for a fee—no contract of safe custody is thereby concluded. The hotel shall be liable for the loss of or damage to motor vehicles (and their contents) parked or maneuvered on the hotel premises only in accordance with the provisions of Section 8.1, sentences 1 to 5, of the General Terms and Conditions above.

7.4 The hotel carries out wake-up calls with the utmost care. Messages, mail, and shipments intended for guests are handled with care. The hotel undertakes the delivery and storage of these items and—upon request and for a fee—their forwarding. In this regard, the hotel’s liability is limited to the provisions set forth in Section 7.1, sentences 1 to 5, of the General Terms and Conditions.

7.5 However, in the event of non-performance or defective performance, claims for damages are excluded unless the hotel has acted intentionally or with gross negligence.

8. CUSTOMER LIABILITY

8.1 If the guest smokes in a room (enclosed space), they undertake to pay the hotel a contractual penalty of at least €350.00.

8.2 The hotel points out that all furnishings, including decorations, are inventoried. If the hotel discovers the absence of any items immediately after the room is returned or within one day of departure, it is entitled to charge the customer for the cost of replacement.

8.3 The hotel reserves the right to assert claims for damages against the customer for vandalism or severe soiling of rooms and other premises.

9. PETS

9.1 Bringing animals along is generally not permitted.

9.2 Dogs may only be accommodated in designated rooms, subject to the hotel’s prior written approval and the payment of an agreed fee. Dogs are not permitted in the dining areas (with the exception of outdoor areas) or the spa.

10. Right to one’s own image

10.1 Film and photographic recordings are made at events organized by Das Karl c/o TT Hospitality GmbH & Co. KG. Das Karl c/o TT Hospitality GmbH & Co. KG is entitled to use photos and film footage of the event for professional journalistic articles or its own online presence. The customer’s participation constitutes a clear affirmative action signifying their consent to this. Further information regarding the processing of personal data by Das Karl c/o TT Hospitality GmbH & Co. KG can be found at https://das-karl.de/data-protect.

11. ALTERNATIVE DISPUTE RESOLUTION

11.1 For the out-of-court online dispute resolution of disputes, the EU provides a platform – where the customer is a consume – accessible at:

11.2 https://ec.europa.eu/consumers…

11.3 The hotel is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (competent consumer arbitration board for leisure services: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V., website: www.verbraucher-schlichter.de, e-mail: mail@verbraucher-schlichter.de).

12. DATA PROTECTION / PROTECTION OF PERSONAL INFORMATION

The contractual partner is aware that the hotel stores and processes all data necessary for the provision of the contractual services. The contractual partner has the right to rectification, erasure, restriction of processing, and information regarding this data at any time. Data is collected only to the extent necessary for the performance of the contract. Should the contractual partner request the erasure or restriction of processing, the hotel reserves the right to terminate the contract extraordinarily and without notice, as it would no longer be able to offer its services under the current organizational structure.

You can find further information in the privacy policy on our website (https://das-karl.de/).

13. FINAL PROVISIONS

13.1 Amendments and supplements to the contract, the acceptance of the application, or these General Terms and Conditions must be made in text form. Unilateral amendments or supplements by the customer are ineffective.

13.2 In commercial transactions, the place of performance and payment as well as the exclusive place of jurisdiction – including for disputes involving checks and bills of exchange – shall be the court with local jurisdiction over the hotel’s registered office. If a contracting party meets the requirements of Section 38 (2) of the Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction within the country, the court with local jurisdiction over the hotel’s registered office shall serve as the place of jurisdiction. The hotel is also entitled, at its own discretion, to sue the customer at any other statutory place of jurisdiction.

13.3 German law applies. The application of the UN Sales Convention and conflict-of-law rules is excluded.

13.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected thereby. Otherwise, statutory provisions shall apply.