Terms an Conditions (GTC)
1 SCOPE AND DEFINITIONS
1.1 These terms and conditions apply to all contracts concluded between the owners Prof. Dr. Jutta Heller, Siegfried Hochstein, and Alexander Hochstein – hereinafter referred to as “Villa Arte” – and a guest for accommodation.
2 CONCLUSION OF THE CONTRACT AND LIMITATION
2.1 The contract is concluded by the acceptance of the guest’s request by Villa Arte. Villa Arte is free to confirm the booking in writing.
2.2 All claims against Villa Arte shall generally become time-barred after one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims if the latter are based on intentional or grossly negligent breach of duty by Villa Arte.
3 RIGHTS AND OBLIGATIONS OF VILLA ARTE
3.1 Villa Arte is entitled to demand advance payment from the guest at the time of conclusion of the contract, amounting to the full contract sum agreed. Villa Arte must confirm receipt of payment.
3.2 Villa Arte is not entitled to make unilateral changes to the agreed services. Changes are only effective with the consent of the guest.
3.3 The booked rooms will be available to the guest from 3:00 p.m. on the agreed arrival day. The guest has no right to earlier provision.
3.4 On the agreed departure day, the rooms must be vacated and made available to Villa Arte by no later than 11:00 a.m. After this time, Villa Arte may charge 50% of the full accommodation price (list price) for the extended use of the room until 6:00 p.m. and 90% after 6:00 p.m. This does not create any contractual claims for the guest. The guest is free to prove that Villa Arte has not incurred any or a significantly lower right to a usage fee.
4 PRICES, PAYMENT, OFFSETTING
4.1 The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local charges that the hotel guest is personally liable for under the respective municipal law, such as tourist tax. In the event of changes in the statutory VAT or the introduction, change, or abolition of local charges on the object of the service after the conclusion of the contract, the prices will be adjusted accordingly.
4.2 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. In case of payment default, the legal provisions apply. The hotel reserves the right to prove higher damages.
4.3 The guest may only offset or reduce a claim against Villa Arte with an undisputed or legally confirmed claim.
5 CANCELLATION BY THE TRAVEL ORGANIZER/GUEST (CANCELLATION) / NON-USE OF THE HOTEL’S SERVICES (NO SHOW)
5.1 Cancellation of the contract concluded with Villa Arte by the guest is only possible if a right of cancellation has been expressly agreed in the contract, a statutory right of cancellation exists, or if the hotel expressly agrees to the termination of the contract. The agreement of a right of cancellation and any consent to the termination of the contract should be made in writing.
5.2 If a date has been agreed between Villa Arte and the guest for a cost-free cancellation of the contract, the guest may cancel the contract until that date without triggering payment or compensation claims by Villa Arte. The guest’s right of cancellation expires if he does not exercise his right of cancellation against Villa Arte by the agreed date.
5.3 If a right of cancellation has not been agreed or has already expired, there is no statutory right of cancellation or termination, and if Villa Arte does not agree to a termination of the contract, Villa Arte retains the right to the agreed compensation even if the service is not used. Villa Arte must credit the income from renting the rooms to third parties as well as the saved expenses. If the rooms are not rented to third parties, Villa Arte may apply a deduction for saved expenses. In this case, the guest is obliged to pay at least 80% of the contractually agreed price for accommodation. The guest is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
6 CANCELLATION BY VILLA ARTE
6.1 If it has been agreed that the guest may cancel the contract in whole or in part within a certain period without charge, Villa Arte is entitled to cancel the contract to the same extent within this period if there are inquiries from third parties about the contractually booked rooms and if the guest, after being asked by the hotel with a reasonable deadline, does not waive his right of cancellation.
6.2 If an agreed or required advance payment is not made even after the expiration of a reasonable grace period set by Villa Arte, Villa Arte is also entitled to cancel the contract.
6.3 Furthermore, Villa Arte is entitled to terminate the contract for a justified reason, in particular if • force majeure or other circumstances beyond Villa Arte’s control make the fulfillment of the contract impossible; • rooms or spaces are culpably booked under misleading or false information or the omission of essential facts; this may include the identity of the guest, the ability to pay, or the purpose of the stay; • Villa Arte has reasonable grounds to believe that the use of the service may endanger the smooth operation of the business, the safety, or the reputation of Villa Arte in the public, without this being attributable to the control or organizational area of Villa Arte; • the purpose or reason for the stay is illegal.
6.4 The justified cancellation by Villa Arte does not entitle the guest to claim damages.
7 LIABILITY OF VILLA ARTE
7.1 Villa Arte is liable for damages attributable to it resulting from injury to the body, life, or health. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by Villa Arte or an intentional or negligent breach of typical contractual obligations by Villa Arte. A breach of duty by Villa Arte is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded to the extent not otherwise regulated in this clause 7. If disruptions or defects occur in the services of Villa Arte, Villa Arte will endeavor to remedy them as soon as it becomes aware of them or upon the immediate complaint of the guest. The guest is obliged to contribute what is reasonable to remedy the disruption and minimize any possible damage.
7.2 Villa Arte is liable for items brought by the guest in accordance with the legal provisions. Villa Arte recommends the use of the room safe. If the guest wishes to bring money, securities, or valuables with a value exceeding 800 euros or other items with a value exceeding 3,500 euros, this requires a separate safekeeping agreement.
8 FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of the request, or these general terms and conditions should be made in writing. Unilateral changes or additions by the guest are ineffective.
8.2 The place of performance and payment, as well as the exclusive jurisdiction – even for disputes concerning checks and bills of exchange – is Stein bei Nürnberg in commercial transactions. If one party to the contract meets the requirements of Section 38, Paragraph 2 of the ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Stein bei Nürnberg.
8.3 German law applies. The application of the UN Sales Convention and conflict of laws is excluded.
8.4 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. Otherwise, the statutory provisions apply.
