General Terms and Conditions.

I. Scope 

1. These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging, as well as to all other services and goods provided by the hotel to the customer.
2. Subletting or subleasing the rooms provided, as well as using them for purposes other than lodging, requires the hotel’s prior written consent; in this regard, § 540(1), second sentence, of the German Civil Code (BGB) is waived to the extent that the customer is not a consumer.
3. The customer's terms and conditions apply only if this has been expressly agreed to in writing in advance.

II. Conclusion of the Contract, Contracting Parties 

1. The contract is concluded when the hotel accepts the customer's request. The hotel may, at its discretion, confirm the room reservation in writing.
2. The contracting parties are the hotel and the customer. If a third party has made a reservation on behalf of the customer (as a guest) or the customer has made a reservation on behalf of a third party (as a guest), the third party shall be jointly and severally liable with the customer to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party. The customer is liable for any hotel services used by the third party (as a guest), to the extent that such services are related to the contractually agreed services, unless the service used is so unusual in nature or scope that the customer’s approval must be deemed obviously excluded.

III. Services, Prices, Payment 

1. The hotel is obligated to keep the rooms booked by the guest available and to provide the agreed-upon services.
2. The guest is obligated to pay the hotel’s applicable or agreed-upon rates for the use of the room and any additional services the guest has utilized. This also applies to services arranged by the guest and expenses incurred by the hotel on behalf of third parties.
3. The agreed-upon prices include the applicable statutory value-added tax. In the event of a change in the statutory value-added tax or the introduction, modification, or abolition of local taxes on the subject matter of the service after the contract is concluded, the prices will be adjusted accordingly. If the period between the conclusion of the contract and its fulfillment exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed-upon price by a reasonable amount, but by no more than 5%.
4. The hotel is entitled, both at the time the contract is concluded and thereafter, to require an advance payment and/or a reasonable security deposit, due no later than 4 weeks before the agreed start of services. A deposit of 20% is considered reasonable, and at least an additional 70% of the service price is required no later than 4 weeks before the agreed start of services. If the customer does not have a residence or registered office in Germany, the hotel may require the full service price as an advance payment or security deposit.
5. If the total amount of the hotel’s outstanding charges for services already rendered exceeds €250.00, or if services are used for a period of more than one week, the hotel may issue interim invoices to collect the accrued amounts.

IV. Customer Withdrawal (i.e., Cancellation, Non-Use of Hotel Services/No-Show) 

1. Cancellation requires the hotel’s written consent. If such consent is not granted, the agreed-upon price under the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach by the hotel of its obligation to respect the customer’s rights, legal interests, and welfare, if the customer can no longer reasonably be expected to remain bound by the contract as a result, or if the customer is entitled to any other statutory or contractual right of cancellation.
2. If a deadline for free cancellation of the contract has been agreed upon in writing between the hotel and the customer, the customer may cancel the contract by that date without triggering any claims for payment or damages by the hotel. The customer’s right to cancel expires if the customer does not exercise this right in writing with the hotel by the agreed deadline; No. 1, sentence 3 applies accordingly. For rooms not occupied by the customer, the hotel must offset the revenue from renting the rooms to other guests as well as the expenses saved. The hotel is free to demand the contractually agreed-upon compensation and to apply a flat-rate deduction for expenses saved. In this case, the customer is obligated to pay at least 80% of the contractually agreed-upon price for overnight stays with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements.
3. The customer is free to prove that the claim mentioned above did not arise or did not arise in the amount claimed.

V. Cancellation by the Hotel 

1. If a right of the customer to cancel free of charge within a specified period has been agreed upon in writing, the hotel is entitled to cancel the contract during this period if it receives inquiries from other customers regarding the rooms booked under the contract and the customer does not waive this right of cancellation upon the hotel’s request. If an agreed-upon advance payment or security deposit—or one required pursuant to Clause III, No. 4 above—is not made even after the expiration of a reasonable grace period set by the hotel, the hotel is also entitled to cancel the contract.
2. Furthermore, the hotel is entitled to terminate the contract for cause, e.g.,
   • if force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract;
   • Rooms are booked based on misleading or false information regarding material facts, such as the customer’s identity or the purpose of the stay;
   • the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, provided that this is not attributable to the hotel’s sphere of control or organizational responsibility;
   • there has been a violation of Clause I, No. 2 above.

In the event of a justified cancellation, the customer is not entitled to compensation.

VI. Room Assignment, Handover, and Return 

1. The customer has no right to be provided with specific rooms. Booked rooms are available to the customer starting at 2:00 p.m. on the agreed-upon arrival date. Reserved rooms will be held until at least 6:00 p.m. on the agreed-upon arrival date. If the customer or guest does not arrive by 6:00 p.m. and has not notified the hotel of a later arrival, the hotel may assign the reserved room to another guest.
2. The customer is not entitled to earlier delivery.
3. On the agreed-upon departure date, guests must vacate their rooms and return them to the hotel by 12:00 p.m. at the latest. In the event of a late checkout, the hotel may charge 50% of the full room rate (list price) for use beyond the terms of the contract until 6:00 p.m., and 100% after 6:00 p.m. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel incurred no charge for use, or a significantly lower charge.
4. In the case of agreements regarding a room allocation, the rooms included therein are generally considered bindingly reserved. Both contracting parties are entitled to reduce the agreed-upon number of rooms or to cancel the reservation by providing written notice to the other party no later than the agreed-upon call-off date.

VII. Hotel Liability 

1. The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims by the guest for damages are excluded. This exclusion does not apply to damages resulting from injury to life, limb, or health if the hotel is responsible for the breach of duty, or to other damages arising from an intentional or grossly negligent breach of the hotel’s obligations typical to the contract. A breach of duty by a legal representative or vicarious agent of the hotel shall be deemed equivalent to a breach by the hotel itself. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy the situation upon becoming aware of the issue or upon receiving an immediate complaint from the customer. The customer is obligated to make a reasonable effort to help resolve the disruption and minimize any potential damage.
2. The hotel is liable to the guest for items left on the premises in accordance with statutory provisions (up to 100 times the room rate), up to a maximum of €3,500, and for cash, securities, and valuables up to €800. Cash, securities, and valuables may be stored in the hotel safe up to a maximum value of €20,000 or in the room safe up to a maximum value of €5,113. The hotel recommends taking advantage of this option. Liability claims expire unless the guest immediately notifies the hotel upon becoming aware of any loss, destruction, or damage (Section 703 of the German Civil Code (BGB)). Sentences 2 through 4 of No. 1 apply accordingly.
3. If a parking space is made available to the guest in the hotel garage or in a hotel parking lot—even for a fee—this does not constitute a contract of safekeeping. The hotel is not liable for the loss of or damage to motor vehicles parked or maneuvered on the hotel premises or their contents, except in cases of willful misconduct or gross negligence. Sentences 2 through 4 of No. 1 apply accordingly. No security is provided.
4. Wake-up calls are handled by the hotel with the utmost care. Messages, mail, and packages for guests are handled with care. The hotel will deliver, store, and—upon request and for a fee—forward such items. The hotel assumes no liability in this regard; the second through fourth sentences of Section 1 apply accordingly.

VIII. Appendix to the General Terms and Conditions: Information Requirements for Package Tours

The following information applies only to package tours as defined by EU directives and does not apply to accommodations bookings!

The combination of travel services offered to you constitutes a package tour as defined by Directive (EU) 2015/2302. Therefore, you are entitled to all EU rights applicable to package tours. Land Art Hotel "Beim Brauer," owned by Ms. Kathrin Hennen, bears full responsibility for the proper performance of the entire package tour.

Key Rights Under Directive (EU) 2015/2302 — Travelers receive all essential information about the package tour before entering into the package tour contract.

Brauers Landarthotel GmbH is always liable for the proper provision of all travel services included in the contract.

Travelers will be provided with an emergency phone number or contact information for a point of contact through which they can reach the hotel, acting as the tour operator.

Travelers may transfer the package tour to another person—within a reasonable period of time and, under certain circumstances, subject to additional costs. - The price of the package tour may only be increased if certain costs (such as fuel prices) rise and if this is expressly provided for in the contract; in any case, written notice must be provided no later than 20 days before the start of the package tour.

If the price increase exceeds 8% of the package tour price, the traveler may cancel the contract at no cost. If a tour operator reserves the right to increase the price, the traveler is entitled to a price reduction if the corresponding costs decrease.

Travelers may cancel the contract without paying a cancellation fee and will receive a full refund of all payments if any of the essential elements of the package tour, with the exception of the price, are significantly altered.

If the operator responsible for the package tour cancels the tour before it begins, travelers are entitled to a refund and, under certain circumstances, to compensation.

If exceptional circumstances arise before the start of the package tour, travelers may cancel the contract without paying a cancellation fee; for example, if there are serious security issues at the destination that are likely to affect the package tour.

In addition, travelers may withdraw from the contract at any time before the start of the package tour upon payment of a reasonable and justifiable cancellation fee.

If, after the start of the package tour, essential components of the package tour cannot be provided as agreed, the traveler must be offered reasonable alternative arrangements at no additional cost. The traveler may withdraw from the contract without paying a cancellation fee (in the Federal Republic of Germany, this right is referred to as “termination”) if services are not provided in accordance with the contract, this has a significant impact on the provision of the contractual package tour services, and the tour operator fails to remedy the situation.

The traveler is entitled to a price reduction and/or compensation if the travel services are not provided or are not provided properly.

The tour operator will provide assistance to the traveler if he or she finds himself or herself in difficulty.

In the event of the insolvency of the tour operator (hotels) or—in some Member States—the travel agent, payments will be refunded. If the tour operator or, where applicable, the travel agent becomes insolvent after the start of the package tour, and if transportation is part of the package tour, the return transportation of the travelers will be guaranteed.

As a general rule, the tour operator (hotel) does not require advance payment for its trips before the trip begins, so no protection is provided through a so-called security certificate.

Emergency phone number and contact point
Brauers Landarthotel GmbH
Management: Katrin Hennen
Steinborner Straße 5
54550 Daun
Emergency phone: +49 (0)6592 2941
Email: info@brauers-landarthotel.de

IX. Final Provisions 

The place of performance and payment is the hotel’s registered office. In commercial transactions, the exclusive place of jurisdiction is the hotel’s registered office. If a contracting party meets the requirements of Section 38(3) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be the hotel’s registered office. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded. Should any individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.

General Terms and Conditions (GTC) for Event Venues and Related Services at Brauers Landarthotel GmbH, Daun