Zum Hauptinhalt
Book now

General terms and conditions of Neustädter Berggasthöfe GmbH

General terms and conditions for the hotel accommodation contract of Neustädter Berggasthöfe GmbH

I. Scope of application

  1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as to all other services and deliveries provided by us for the customer.
  2. Subletting and subletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel.
  3. The customer's terms and conditions shall apply only if previously agreed.

II. Conclusion of Contract, Contracting Parties, Liability, Statute of Limitations

  1. The contract shall be concluded by the hotel's acceptance of the customer's application. The hotel shall be free to confirm the room reservation in writing.
  2. The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from
    the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
  3. The hotel shall be liable for its obligations under the contract. In the area not typical of services, liability is limited to intent and gross negligence on the part of the hotel.
  4. The limitation period for all claims of the customer is 6 months.
  5. This limitation of liability and short limitation period shall also apply in favour of the hotel in the event of breach of obligations in the course of contract initiation and positive breach of contract.

III. Services, prices, payment, set-off

  1. The hotel is obligated to hold the rooms booked by the customer ready and to provide the agreed services.
  2. The customer shall be obligated to pay the prices of the hotel applicable or agreed for the provision of the rooms and the other services used by the customer. This also applies to services and expenses of the hotel to third
    parties arranged by the customer.
  3. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds 4 months, and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 10 %.
  4. The prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel's services or the length of the guests' stay and the hotel agrees thereto.
  5. Invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel shall be entitled to call in accrued claims at any time and to demand payment without delay. In the
    event of default in payment, the hotel shall be entitled to charge interest in the amount of 5 percentage points above the respective base interest rate pursuant to §247 BGB. The customer reserves the right to prove lower
    damages, and the hotel reserves the right to prove higher damages.
  6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing.
  7. The customer may only set off or reduce a claim against a claim of the hotel with an undisputed or legally binding claim.

IV. Withdrawal by the Customer (Cancellation)

  1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's written consent. If such consent is not given, the agreed price under the contract shall be payable even if the customer does not avail himself of contractual services. This shall not apply in cases of default in performance on the part of the hotel or an impossibility of performance for which the hotel is responsible.
  2. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering claims for payment or damages
    on the part of the hotel. The customer's right to withdraw from the contract shall lapse if he does not exercise his right to withdraw from the contract in writing to the hotel by the agreed date, unless there is a case of default in
    performance on the part of the hotel or an impossibility of performance for which the hotel is responsible.
  3. In the case of rooms and their ancillary services not used by customers, the hotel shall credit the income from renting the rooms to other parties or assigning dates as well as the saved expenses.
  4. The hotel shall be at liberty to set a flat rate for the damages incurred by it and to be reimbursed by the customer.

Cancellation conditions: Cancellation is free of charge up to 48 hours before arrival.

The customer is then obliged to pay the following flat-rate cancellation fees:

    • from 48 hours before arrival - 80% of the ordered services
    • from 24 hours before arrival - 100% of the ordered services

The customer is at liberty to prove that no damage has been incurred or that the damage incurred by the hotel is lower than the flat rate demanded.

V. Cancellation by the hotel

  1. If the customer's right to withdraw from the contract within a certain period of time has been agreed in writing, the hotel shall be entitled for its part to withdraw from the contract within this period of time if there are requests
    from other customers for the contractually reserved rooms and the customer does not waive his right to withdraw from the contract upon inquiry by the hotel.
  2. If an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with a warning of refusal, the hotel shall also be entitled to withdraw from the contract.
  3. Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example as a result of
    1. force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
    2. Rooms are booked under misleading or false statements of material facts concerning the person of the customer or the purpose;
    3. the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardise the smooth operation of the business, the security or the reputation of the hotel in the public, without this being attributable to the hotel's sphere of control or organisation;
    4. there is a violation of the above-mentioned scope of application paragraph 2
  4. The hotel shall immediately notify the customer of the exercise of the right of withdrawal.
  5. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VI. Provision, handover and return of rooms

  1. The customer shall not be entitled to the provision of specific rooms.
  2. Booked rooms shall be available to the customer from 3.00 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
  3. The rooms must be vacated and made available to the hotel no later than 11.00 a.m. on the agreed day of departure. After this time, the hotel may charge 50% of the full accommodation price (list price) for additional use of the room up to 6 p.m., and 100% after 6 p.m., in addition to any damage incurred by the hotel as a result. The customer shall be at liberty to prove to the hotel that the hotel has incurred no loss or a significantly lower loss.

VII. Liability of the Hotel

  1. The hotel shall be liable for the due care and diligence of a prudent businessman. This liability shall be within the range typical of the services provided, but limited to deficiencies in services, damages, consequential damages or disruptions caused by intent or gross negligence on the part of the hotel. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and minimise any possible damage.
  2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Any liability claims shall lapse unless the customer notifies the hotel immediately after becoming aware of the loss, destruction or damage (Section 703 of the German Civil Code (BGB)).
  3. The unlimited liability of the hotel shall be governed by the statutory provisions.
  4. Insofar as a parking space is made available to the customer in a hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel shall not be liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.
  5. Wake-up calls shall be carried out by the hotel with the utmost care.
  6. Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment. Claims for damages,
    except for gross negligence or intent, are excluded.
  7. Lost property will only be forwarded on request and for a fee. They will be kept in the hotel for 6 months. After expiry of this period, items of apparent value will be handed over to the local lost property office, otherwise they will be destroyed or disposed of.

VIII. Non-smoking in the hotel rooms / improper use / increased cleaning
costs

  1. All our hotel rooms are non-smoking rooms. It is therefore expressly forbidden to smoke in the rooms and in the interior areas of the hotel. In the event of non-compliance, an amount of 150.00 euros will be claimed as flat-rate compensation for cleaning costs and possible loss of revenue. The same applies to increased cleaning costs.

IX. Final Provisions

  1. Any deviating agreements or verbal collateral agreements must be made in writing in order to be effective. They shall not become effective until confirmed in writing by the hotel. The same shall apply mutatis mutandis to
    any waiver of the written form requirement.
  2. The place of performance and payment shall be the registered office of the hotel.
  3. The exclusive place of jurisdiction - also for disputes regarding cheques and bills of exchange - in commercial transactions shall be the registered office of the hotel. If a contracting party fulfils the requirements of Section 38 (1) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
  4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
  5. Should 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 shall apply.

General Terms and Conditions for Events in the Properties of
Neustädter Berggasthöfe GmbH / Hote

I. Conclusion of contract

  1. The contract shall be deemed to have been concluded as soon as the event rooms, areas or other services have been ordered and confirmed or, if a confirmation is no longer possible for reasons of time, provided.
  2. The provision of services shall only take place on the basis of these General Terms and Conditions of Neustädter Berggasthöfe GmbH. The general terms and conditions of the organiser are not recognised.
  3. Subletting or re-letting of the event rooms, areas, etc. to third parties shall require the written consent of the hotel.
  4. If a third party has placed an order for a customer, he shall be liable to the hotel together with the customer as joint and several debtors. The hotel may demand an appropriate advance payment from the event organiser or third party.

II. Price, service

  1. Agreed prices and agreed services of the hotel shall result from the banquet agreement. Unless the banquet agreement has been confirmed, the prices in the current price list shall apply. The prices include service charge and statutory value added tax. The organiser shall be obliged to pay for the services ordered and used by him. This also applies to services and expenses to third parties arranged by the organiser.
  2. If the value added tax changes after conclusion of the contract, the agreed prices shall change accordingly.
  3. If the period between conclusion of the contract and the event exceeds four months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a
    reasonable amount, but by no more than 10%. Prices may also be changed by the hotel if the organiser subsequently changes services or the volume of services and the hotel agrees.

III. Events

  1. The organiser shall inform the hotel of the final number of participants 48 hours before the start of the event in order to ensure careful preparation.
  2. Any downward deviations that arise can no longer be taken into account after a period of 48 hours. The guarantee shall be the basis for invoicing; upward deviations in the number of participants from the guaranteed
    number shall be accepted by the hotel up to a maximum of 5 %, which shall insofar guarantee the smooth running of the event. Exceeding the guaranteed number of participants requires the prior consent of the hotel. If
    the number of participants is exceeded, the actual number of participants shall be taken as the basis.
  3. For events lasting beyond 01.00 a.m., 22.00 euros shall be charged per service employee per hour or part thereof.
  4. The organiser is generally not entitled to bring food and/or drinks to the events. In special cases, however, an agreement may be reached with the hotel to this effect, which must be in writing. In such cases, a service fee or
    corkage fee shall be charged.
  5. The organiser and the customer shall be liable for the payment of any additional services ordered by the event participants.
  6. If waste is produced as a result of the event, it shall be disposed of by the hotel to a reasonable extent and as far as it is normal household waste. Any special waste or waste that cannot be disposed of by means of normal
    waste disposal in accordance with the applicable waste statutes of the municipality of Neustadt shall be collected and disposed of by the organiser within 24 hours of the end of the event, failing which the hotel shall be entitled to dispose of the waste itself and to charge the organiser separately for the costs incurred.
  7. The organiser/orderer shall be obliged to inform the hotel without being asked if the provision of services and/or the event are likely to cause public interest or to impair or endanger the interests of the hotel due to their
    content or character.
  8. Newspaper advertisements and other advertising measures or publications, in particular invitations to job interviews, political or religious events, which are related to the hotel, require the prior written consent of the hotel.
  9. In the case of dinner events, care must be taken to ensure that the volume of bands, DJs etc. is reduced to an acceptable level from 24.00 hours onwards in order to preserve the night's peace for our residents.

IV. Payment, hotel invoices

  1. A reasonable advance payment may be required by the hotel for the reservation upon conclusion of the contract or thereafter. The amount of the advance payment and the date of payment shall be agreed in writing in the
    contract.
  2. Invoices without a due date are payable within 14 days of the invoice date without deduction.
  3. In the event of late payment, the hotel shall be entitled to charge interest at a rate of 5% above the respective base rate pursuant to §247 of the German Civil Code (BGB), unless the hotel proves a higher or the organiser
    proves a lower damage caused by the delay.
  4. 5.00 Euro reminder fee shall be charged for the first and second reminder after default. A reminder fee of 10.00 Euro shall be charged for the third reminder after the occurrence of default.
  5. The place of performance for payment obligations shall be the registered office of the hotel, even if, for example, on the basis of special agreements, the receivables are credited and/or only become due at a later date on the
    basis of separate invoicing and agreements.
  6. Refunds or reimbursements of unused services are not possible.
  7. The organiser may only offset or reduce a claim of the hotel with an undisputed or legally established claim.

V. Withdrawal, Cancellation, Cancellation by the Organiser

  1. Withdrawal from the contract or cancellation of an order or table reservation by the organiser must be communicated in writing and requires our written consent. If this is not given, the organiser shall be obliged, if he does not make use of contractual services, to pay us a cancellation fee for the impossibility of providing the service for which he is responsible.
  2. The following deadlines apply in connection with cancellation fees:
    • Up to 30 days before the event Cancellation free of charge
    • From 29 days before the event, the actual room rent shall be charged, unless the rooms can be rented to other parties.
    • From 28 days before the event, the actual room hire fee plus 25% of the services ordered will be charged.
    • From 14 days before the event, the actual room rent plus 50% of the services ordered will be charged.
    • From 7 days before the event, the actual room rent plus 75% of the services ordered will be charged - if these cannot be determined correctly, an average price of 38.00 euros x number of persons will apply.
    • From 1 day prior to the event, the actual room rent plus 100% of the services ordered will be charged - if these cannot be calculated correctly, an average price of 38.00 euros x number of persons will apply.

VI. Cancellation by the hotel

  1. The hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if:
    1. requested advance payments are not received on time.
    2. Force majeure or other circumstances beyond the hotel's control make it impossible to fulfil the contract.
    3. There is a breach of clause III.9. In this case, the hotel shall also be entitled to cancel the event.
    4. The hotel has reasonable cause to believe that the use of the hotel's services, namely the event scheduled at the hotel, may jeopardise the smooth running of the hotel's business operations, security and/or reputation.
    5. Events may be booked under misleading or false statements of material facts, e.g. of the organiser or purpose.
  2. If a written agreement has been made with the organiser concerning the organiser's right to withdraw from the contract by a certain date, the hotel shall be entitled to withdraw from the contract in the period up to this date,
    provided there are enquiries from other organisers about the contractually booked event rooms and the organiser does not waive his right to withdraw from the contract upon inquiry by the hotel.
  3. In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.

VII. Liability

  1. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Any liability claims shall lapse unless the customer notifies the hotel immediately after becoming aware of the loss, destruction or damage (§703 BGB).
  2. The organiser/customer shall be obliged to insure the items brought along - e.g. exhibits - in a proper manner.
  3. The organiser/ordering party shall be liable for loss of or damage to the hotel's property or possessions caused by its employees, auxiliary staff or event participants, as well as for loss and damage caused by itself.
  4. Insofar as the hotel procures third-party services, technical and other equipment from third parties for the organiser, it shall act on behalf and for the account of the organiser. The organiser shall indemnify the hotel against all claims by third parties arising from the provision of such equipment. 5.
  5. The hotel shall not be liable for accidents during leisure programmes of any kind unless the hotel acts with gross negligence or wilful intent.

VIII. Miscellaneous

  1. Information is given in good faith. Claims for damages are excluded in this respect.
  2. Lost property will only be forwarded on request. They will be kept in the hotel for 6 months. After expiry of this period, items of apparent value will be handed over to the local lost property office or destroyed.
  3. Messages, mail and consignments of goods for guests are handled by the hotel with the greatest possible care. Storage and forwarding will be undertaken against reimbursement of costs and upon express request.
    Liability for loss, delay or damage is excluded.

IX. Final Provisions

  1. Any deviating agreements or verbal collateral agreements must be in writing in order to be effective. They shall not become effective until confirmed in writing by the hotel. The same shall apply mutatis mutandis to any waiver of the written form requirement.
  2. The place of performance and payment shall be the registered office of the hotel.
  3. The exclusive place of jurisdiction - also for disputes regarding cheques and bills of exchange - in commercial transactions shall be the registered office of the hotel. If a contracting party fulfils the requirements of Section 38 (1) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
  4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
  5. Should individual provisions of these General Terms and Conditions for Events be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
+49 3596 5090030

Book now

Our offers

Angebot „Götzinger-Torte“

„Götzinger-Torte“

A feast for the palate with roasted almonds, marzipan, jam, white chocolate and only available from us.

Angebot „Götzinger-Naturkräuter“

„Götzinger-Naturkräuter“

Our recommendation - the herbal liqueur only available from us Herbal liqueur, which you can take home as a souvenir in various bottle sizes.

Angebot We give you power - charging station for your electric vehicles

We give you power - charging station for your electric vehicles

Reserve your place at the charging station when you book

Discover Neustädter Berggasthöfe

Logo Götzinger Höhe

„Der Balkon Neustadts“

Learn more

„Götzinger Höhe“ Berggasthof & Hotel***
Götzinger Höhe 1 · 01844 Neustadt in Sachsen
+49 3596 5090030 · mail@goetzinger-hoehe.de

Logo Ungerberg

„Der Geheimtipp in der Natur“

Visit website

„Ungerberg“ Ausflugsgaststätte & Pension
Ungerbergstraße 1 · 01844 Neustadt in Sachsen
+49 3596 509533 · mail@ungerberg.de