Our terms and conditions

General Terms and Conditions for Hotel and Arrangement Services of Nouri GmbH in Bad Krozingen

The following terms and conditions apply to the rental of hotel rooms and to all other services provided by Nouri GmbH (hereinafter referred to as the hotel) to the customer:

I. Conclusion of the contract, cancellation of the hotel accommodation contract

1. The hotel accommodation contract is concluded by the confirmation of a booking/reservation on the part of the hotel or by the customer accepting an offer from the hotel designated as binding. When booking on the Internet, the option of making a reservation does not constitute a binding offer on the part of the hotel. The contract is concluded as soon as the customer receives the hotel’s booking confirmation.

2.

a. Bookings/reservations are binding for both parties.

b. The hotel is entitled

– to request 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 or a down payment. The type and amount of the advance payment as well as the payment dates shall be agreed in writing in the contract

– to request an advance payment or security deposit or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration after conclusion of the contract before or after the start of the stay in justified cases, e.g. if the customer is in arrears with payment

c. Rebooking is not possible. In the event of cancellation by the customer after the cancellation deadline, the agreed price is still payable even if the customer does not make use of the contractual services. However, the hotel must take into account the income from renting the rooms to other parties and the saved expenses in calculating the agreed price. The hotel is entitled to make a flat-rate deduction for the saved expenses. In this case, the customer is obligated to pay 80% of the agreed price and 60% for hotel arrangements that include overnight stays, meals and other services (both external and internal). The customer is at liberty to prove that the hotel has incurred a lower loss or no loss at all (e.g. because the room has been rented to someone else, while the hotel is otherwise fully booked in the category in question).

d. If the guest does not use the booked room or services without notifying the hotel in good time, the hotel is entitled to charge up to 100% of the total bill for overnight stays and all other services. The regulation also applies accordingly to a reduction in the number of rooms ordered and/or the length of stay. As described in point I.2.c., the customer is also free to provide evidence of lesser damage in the event of a no-show.

3. If the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences, the hotel has no right to compensation. The timeliness of the declaration of withdrawal is determined by the hotel’s receipt of it. In this case, the customer must declare the withdrawal in writing.

4. The hotel is entitled to withdraw from or terminate the contract for good cause. An important reason exists in particular if force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract, rooms have been booked under misleading or false statements of material facts, e.g. the hotel guest (name, address, etc.) or the purpose, as well as if the hotel has reasonable cause to believe that the use of the hotel’s services may jeopardize the smooth operation, security or reputation of the hotel. If the hotel’s withdrawal or termination is justified, the customer shall have no claim to compensation.

5. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel shall in turn be entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. This shall apply accordingly if an option has been granted, if other inquiries have been made and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable deadline set.

II. Arrival and departure

1. The hotel is obliged to make the reserved rooms available from 3:00 p.m. on the day of arrival. Whenever possible, rooms will also be made available earlier if necessary. There is no entitlement to earlier handover. Unless otherwise agreed, the hotel will keep reserved rooms free until 6:00 p.m. After that time, the hotel is free to allocate rooms to other guests.

2. Booked rooms are available to the guest on the day of departure until 11:00 a.m. If the guest leaves the room only after 11:00 a.m., the hotel can charge 50% of the full accommodation price for this day if the guest checks out after 4:00 p.m. If the room is reoccupied and the hotel incurs a loss as a result of the continued occupancy, the hotel has the right to claim this loss from the customer as compensation.

3. if the customer has not reserved all the rooms in the hotel, there is no entitlement to choose specific rooms or premises within a room category.

4. When making a reservation with a pet, it should be noted that a maximum of one pet is allowed per room. We define a pet as a dog. We do not allow any other animals besides dogs. There are separate costs for staying overnight with a pet.

III. Payment, place of fulfillment

1. The agreed prices include the statutory value added tax.

2. Accrued claims can be made due at any time and immediate payment can be demanded.

3. In the event of default in payment, the hotel shall be entitled to demand interest at 5 percentage points above the respective base interest rate of the German Federal Bank on the outstanding invoice amount. The hotel reserves the right to prove higher interest damages.

4. The customer may only set off or reduce a claim by the hotel with an undisputed or legally enforceable claim.

5. The place of performance and payment shall be the registered office of the booked hotel.

IV. Third-party services

1. In addition to the hotel services, third-party services can be arranged for the customer, e.g. sports courses, visits to events and excursions, etc. Third-party services are not provided by the hotel, but by third parties (service providers) on their own responsibility. The customer concludes the respective contract directly with the organizer.

V. Liability / Statute of limitations

1.

a. The hotel shall not be liable in the area of its own service provision, unless otherwise provided for in the following provisions.

b. The exclusion of liability according to lit. a. shall not apply to damages caused by culpable violation of an essential contractual obligation in a manner that endangers the achievement of the purpose of the contract. Essential contractual obligations are those obligations whose fulfillment is essential to the proper execution of the contract and on whose compliance the customer regularly relies and may rely. However, liability is limited to the typical contractual damage that each contractual party had to expect due to the circumstances known to them at that time.

c. Furthermore, the exclusion of liability according to lit. a. does not apply to damages resulting from injury to life, limb or health caused by a negligent breach of duty by the hotel or its legal representatives or vicarious agents.

d. The exclusion of liability according to lit. a. does not apply to damages that are based on an intentional or grossly negligent breach of duty by the hotel or its legal representatives or vicarious agents.

e. The exclusion of liability according to lit. a. does not apply to claims under the Product Liability Act.

f. Insofar as the liability of the hotel is excluded or limited, this also applies to the liability of its legal representatives, employees and vicarious agents.

2. The no-fault liability for defects that already existed at the time of the conclusion of the contract (§ 536a BGB) is excluded.

3. The limitation period for claims by the customer against the hotel is six months after the provision of the contractually agreed hotel service. The short limitation period applies in favor of the hotel for both contractual claims and claims in tort.

4. no warranty and/or liability is assumed for third-party services within the meaning of section IV.

5. valuables can be stored in the hotel safe. The hotel recommends that guests make use of this option.

6. if a parking space is provided to the customer on the hotel property or in the underground car park, the customer enters into a contract with the hotel solely for the rental of the parking space. There is no security and no custody agreement comes into existence. The hotel assumes no liability for loss of or damage to a motor vehicle parked on the hotel property/in the underground garage and/or its contents, unless the hotel is responsible for the damage in accordance with the provision under 1.

VI. Final provisions

1. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and the hotel is the registered office of the hotel.

2. German law shall apply. The application of the UN Sales Convention is excluded.

3. In accordance with its 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 (“OS platform”): http://ec.europa.eu/consumers/odr/. However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.