TERMS AND CONDITIONS (GTC)

 

With hotel cancellation insurance, you protect your booked hotel arrangement in Europe, including all services booked at the hotel. We recommend taking out this insurance to avoid any cancellation fees.

The hotel reserves the right to unilaterally terminate the accommodation contract. However, this right is limited to cases of force majeure, change of ownership, or temporary closure due to unreasonable energy costs or other unforeseen cost increases that necessitate a temporary closure of the business.

The accommodation contract - guest accommodation contract

Rights and obligations arising from the DEHOGA accommodation contract:

The contractual rights and obligations arising from accommodation contracts are often unknown. As long as no difficulties arise requiring legal clarification of the mutual contractual positions, this lack of knowledge may not be perceived as problematic. However, it usually becomes problematic when contracting parties, unaware of the legal situation, attempt to assert rights under the contract that are not granted to them by law. Such cases typically occur when a guest wishes to cancel a previously reserved room. The German Hotel and Restaurant Association (DEHOGA) has compiled the following rights and obligations arising from accommodation contracts. These are consistently upheld in case law.

§ 1 The accommodation contract is concluded as soon as the room has been booked and confirmed.

§ 2 The conclusion of the accommodation contract obliges the contracting parties to fulfill the

Contract, regardless of the duration of the contract.

§ 3 The landlord is obliged to pay the guest compensation if the room is not made available.

§ 4 The guest is obliged to pay the agreed or customary price if the contractual services are not used, less any expenses saved by the landlord.

Based on experience, the savings amount to:

10% for overnight stays in holiday apartments,

20% discount for bed and breakfast

30% discount for half board,

For full board, 40% of the board price.

§ 5a The landlord is obliged in good faith to make possible alternative arrangements for rooms that are not used, in order to avoid losses.

§ 5b Until the room is rented out to another party, the guest shall pay the amount calculated according to point 4 for the duration of the contract.

 

Our cancellation policy

The booking can be cancelled free of charge up to 14 days before arrival.

For cancellations up to 13 days before arrival, 50% of the package price may be charged.

For cancellations up to 7 days before arrival, 70% of the package price may be charged.

For later cancellations or no-shows, 80% of the package price may be charged.

The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

Special conditions apply to tour groups of 12 people or more. Separately agreed cancellation policies apply in these cases.

 

Explanations regarding the accommodation contract

The accommodation contract is a so-called mixed contract, not specifically regulated in the German Civil Code (BGB), apart from the provisions regarding liability for personal belongings. It encompasses elements of tenancy law, service law, contracts for work and services, and potentially even sales law. However, the inclusion of various legal fields does not preclude the accommodation contract from being treated differently with regard to contractual obligations than any other contract under civil law. This means that the accommodation contract cannot be unilaterally terminated by either party.

Once a room has been booked at a hotel or other accommodation establishment, it cannot be cancelled without the express agreement of the landlord. Whether the contract is in writing or verbal is irrelevant. Consequently, the point in time at which the guest wishes to cancel a booked room is immaterial, because if there is no unilateral right to withdraw from the contract, the timing of the cancellation is also irrelevant.

The landlord's claims depend solely on whether he was able to rent the cancelled room to someone else. Only if the landlord succeeds in renting the room to someone else is the guest released from his contractual obligations.

Of course, the landlord may not maliciously refrain from renting the property to someone else, i.e., he must make an effort to find a new tenant; on the other hand, the guest should by no means fail to inform the landlord, otherwise he deprives himself of the possibility of being released from his contractual obligations.

In this respect, the question of cancelling as early as possible can play a crucial role. The landlord's claim for payment of the agreed or customary price for the contractual service, less any expenses saved, is not a claim for damages, but rather a claim for performance of the contract.

This distinction is legally significant for the objections that the guest may raise. For the claim to performance, the reasons why the guest was unable to use the reserved room are legally irrelevant.

Play it safe with travel cancellation insurance. Hotel cancellation insurance

Source: DEHOGA (German Hotel and Restaurant Association) - Place of jurisdiction is Cochem

 

Special conditions and organizer liability

• When booking a room by category, the contracting party acquires a right to a room or premises in that category. Hotel Am Panoramabogen is entitled to provide a higher category room. Otherwise, the contracting party does not acquire a right to the provision of specific rooms or premises unless specific rooms or premises have been expressly agreed upon. Photos provided on our website or on booking platforms are sample photos, and the room furnishings may differ.
• The hotel may make any order acceptance, reservation, or services that are to be provided at a later date after the conclusion of the underlying contract dependent on partial payment of the amounts owed with regard to the provision of the services.
• The agreed prices include all taxes and local charges applicable at the time of contract conclusion. If the statutory value-added tax (VAT) changes, or if new local charges are introduced, amended, or abolished after the contract is concluded, the prices will be adjusted accordingly if the period between contract conclusion and performance exceeds four months.
• Reserved rooms are available to the contracting party from 3:00 p.m. on the day of arrival. Unless a later arrival time has been expressly agreed upon, the hotel reserves the right to reassign reserved rooms after 6:00 p.m. On the day of departure, rooms must be vacated by 11:00 a.m. unless expressly agreed otherwise.
• A non-binding option, explicitly designated as such, must be exercised or returned no later than 30 days before the arrival date. Exercised options become binding contracts. If the option is not exercised in a timely and binding manner, the hotel is entitled to allocate the reserved services to another party.
• Invoices are due in cash upon receipt without any deductions for early payment discounts. If the total amount of several individual invoices exceeds €250.00, a consolidated invoice can be issued upon request. Issuance of a consolidated invoice does not release the customer from the obligation to pay the individual invoices on time. The customer may only offset counterclaims against the hotel to the extent that their claims are undisputed or have been legally established.
• If a customer does not utilize contractual services that they have ordered or reserved in advance, they remain obligated to pay the agreed price in the agreed amount, unless they can prove a lesser loss, for example, in the form of potentially higher saved expenses. If the services not used by the customer are subsequently rented out at short notice to another party at a lower price than originally agreed upon with the customer (e.g., last-minute room rentals), the difference between the agreed price and the price achieved will be invoiced.
• Consuming food and drinks brought from outside is prohibited in the hotel's public areas.
• If a contractual partner endangers the safety of the hotel or its guests, the hotel may terminate the contract. This also applies in cases of force majeure if the hotel's services become impossible, unreasonable, or of no interest to the contractual partner as a result. Force majeure is defined as unforeseeable, exceptional circumstances that the hotel cannot avert despite exercising due diligence, in particular: operational disruptions, government intervention, energy supply difficulties, strikes or lockouts, floods, and similar natural disasters.
• Liability for damage, theft, and loss – The hotel guest/organizer/client is fully liable to the hotelier for damage caused by themselves or their guests. Any use of the rooms and equipment provided to the guest that deviates from the agreement entitles the hotel to terminate the contractual relationship without notice, without reducing the claim to the agreed payment. If the hotelier is prevented from fulfilling their obligations for reasons beyond their control, no liability for damages can be derived therefrom; however, the hotelier is obligated to make every effort to procure equivalent services elsewhere.
• In case of theft, the hotel is liable to the guest according to the provisions of the German Civil Code (BGB) for one hundred times the room rate, up to a maximum of €3,000. The hotel's liability is excluded if the room and the containers in which the guest leaves their belongings remain unlocked. For money and valuables, liability is limited to €750 in accordance with § 701 of the German Civil Code (BGB).
• Items left behind will only be forwarded upon request and at the guest's expense. The hotel commits to storing such items for 12 months.
• We have put together various packages and arrangements for you. Please understand that the Hotel Panorama accepts no liability for any damages or injuries that may occur through the use of additional services not provided by the Moselromantik-Hotel Panorama itself. Use of these services is at your own risk or at the risk of the respective service providers.
• The place of jurisdiction for merchants, persons who do not have a general place of jurisdiction in Germany, and persons who move their residence abroad after conclusion of the contract is agreed to be the district court of Cochem/Mosel.

Our general terms and conditions, the guest accommodation contract and the organizer's liability are considered agreed upon with every reservation at the hotel.