These terms and conditions apply to contracts for the renting of hotel rooms and / or apartments for accommodation purposes, as well as all further services and deliveries rendered by the hotel to the customer in this context (hotel accommodation agreement). The term “hotel accommodation agreement” includes and replaces the following terms: accommodation-, hospitality-, hotel-, hotel room contract.
Prior consent is to be obtained from the Hotel Schloss Wissen if rooms provided are to be sublet or rented to third parties, and if the rooms are to be utilised for purposes other than accommodation whereby §540, paragraph 1, sentence 2 BGB (federal law book) is waived, in so far as the customer is not the consumer.
The customer’s general terms and conditions shall only apply if these were agreed to in writing in advance.
1. Conclusion of Contract, Contracting Partner
With his application (in writing or orally), the customer offers the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) the binding conclusion of an accommodation contract. The customer is bound by this offer.
The contract shall come into force upon Hotel Schloss Wissen’s acceptance of the customer’s application. The Hotel Schloss Wissen can elect to confirm the room reservation in writing.
The contracting parties are the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) and the customer. Should a third party have booked a room on behalf of a customer, then that third party and the customer shall be liable to the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) as joint debtors for all obligations arising from the hotel accommodation agreement.
The Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is liable to keep the rooms booked by the customer available in accordance with these general terms and conditions and to provide the agreed services.
The customer is obliged to pay the prices agreed upon or applicable to the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) for the provision of the rooms and for further services used. This also applies to any services or expenses which the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) has organised with a third party on behalf of the customer. The agreed prices include the respective statutory sales tax.
The Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) may make its consent to a subsequent reduction in the rooms booked, the services provided by the Hotel Schoss Wissen (owner Raphaël Freiherr von Loë) or the length of stay of the customer, dependent on the increase in price of the room and / or other services provided by the hotel.
All booked services are paid for on site, at the latest on departure and can be paid in cash, EC- or rather credit card (Visa, Mastercard, American Express) or via PayPal during the course of the booking made using the own booking mask “OnePageBooking”. A payment date and a due date deviating from the aforementioned must be agreed to in writing between the parties – for example, if an early booker rate is used which usually requires pre-payment by credit card.
This rule does not apply to tickets, booked engagements and possible extra services. Tickets, booked engagements and possible extra services are payable, without deduction, within seven days after receipt of the invoice, after the corresponding invoice has been sent.
The Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is, upon conclusion of the contract, entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee, a down payment or similar from the customer. The amount of the advance payment and the dates of payment can be agreed upon in writing in the contract. The statutory provisions remain unaffected in the case of advance payments or security payments for package tours.
In justified cases, e.g. if the customer is in arrears or the scope of the contract has been extended, the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is entitled to request an advance payment or a security with reference to the aforementioned number III.6. or an increase in the advance payment or security as agreed upon in the contract, up to the total remuneration agreed upon from after the contract has been signed until the beginning of the stay.
The Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is further entitled to demand a reasonable prepayment or security, in light of the foregoing number III.6. for existing and future claims under the contract, from the customer, at the beginning and during his stay, in so far as such a payment has not already been met as per the aforementioned number 6 and / or 7.
The customer can only charge against or offset an undisputed or legally valid claim vis-à-vis a claim from the hotel. The set-off exclusion does not apply, if the customer’s warranty rights are affected
3. Customer’s cancellation / non-use of the Hotel Schloss Wissen’s (owner Raphaël Freiherr von Loë) services
Due to the exemption in §312 b paragraph 2 number 6 BGB (federal law), a statutory right of withdrawal does not exist, even though a distance contract is in place.
Under the following circumstances, the customer is granted the right to withdraw from the contract before the date of arrival (cancellation):
Best flexible rate: Until 18:00 you can cancel your booking free of charge!
In the case of a no-show up to 18:00, no entitlement exists for your room and it will be otherwise made available. Cancellation fees will not be incurred.
Early Booking Rate:
The credit card details of the customer are necessary in order to profit from this promotion. Once the booking has been made, the reservation can no longer be changed free of charge. At the moment of reservation, the customer accepts that the full price of the stay will be deducted (from the credit card). In the event of a cancellation, the cancellation fees amount to 90% of the total price.
Deposits or advance payments cannot be reimbursed if the reservation is changed or cancelled.
Conditions of Guarantee:
A prepayment for the entire stay will be charged to the credit card upon reservation.
Park, Sleep & Fly:
The booking is guaranteed by specifying your credit card number and we will keep the room(s) available for you all night.
A free cancellation of the reservation is possible up to three days prior to arrival. In the event of a later cancellation, the hotel reserves the right to debit 80% of the cost of the room rate to the credit card in the event that the room cannot be re-let.
The booking is guaranteed by specifying your credit card number and we will keep the room(s) available for you all night.
A free cancellation of the reservation is possible up to one day prior to arrival. In the event of a later cancellation, the hotel reserves the right to debit 80% of the cost of the room rate to the credit card in the event that the room cannot be re-let.
The following applies to all cancellations: The cancellation must be made in writing (per email) or by telephone. In the event of a cancellation within the aforementioned periods, prior to the date of arrival, the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) will not be entitled to any payment or compensation claims. The customer’s right of withdrawal expires, if he does not exercise his right to rescind vis-à-vis the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) within the aforementioned periods prior to arrival.
Number IV.2. and IV.3. do not apply to group reservations and reservations made by commercial tour operators. In this case, the amount of the cancellation fee is based on an individual, written agreement. A reservation of 8 rooms and more is considered a group reservation. Commercial operators are entrepreneurs whose professional activities include the operation and organisation of trips / tours, conferences / seminars.
4. Rescission by the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë)
Insofar as it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) also has the right to withdraw from the contract within the said period if there are inquiries from other customers pertaining to the contractually booked rooms and the customer does not waive his right of rescission upon inquiry thereof by the hotel.
If an agreed and required prepayment or security deposit, as per the abovementioned number III.6 and / or III.7, is not rendered, even after a reasonable extension of time has been granted by the hotel, then the hotel is also entitled to rescind from the contract.
The Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is further entitled to the extraordinary cancellation of the contract if, for instance,
force majeure or other circumstances for which the hotel is not responsible, make it impossible to fulfil the contract;
rooms or venues are culpably booked under false pretences or on the basis of erroneous or fraudulent facts, e.g. the customer’s identity or regarding the purpose of his stay;
the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) has reason to believe that the utilisation of the hotel services can endanger the smooth running of the business enterprise, the security or the public’s perception of the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë), without this being assigned to the domain or organisational area of the hotel;
the purpose or the acceptance of the sojourn is illegal;
there is a violation of the abovementioned number I. Nr. 2
despite a warning, a disturbance of the peace takes place by the customer;
despite a warning, the customer behaves unacceptably and in particular, insultingly, towards employees of the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) and / or guests.
If the hotel justifiably rescinds, the customer is not entitled to compensation.
5. Room Provision / Room Handover and Provision / Return
The customer is not entitled to the provision of certain rooms, other than the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) has confirmed the provision of certain rooms in writing.
Booked rooms are available to the customer as from 14:00 on the agreed day of arrival and must be occupied by the customer no later than 18:00 on the agreed day of arrival. A later time of arrival must be agreed upon. If a time of arrival later than 18:00 has not been agreed upon and the guest has not informed the hotel of a possible delay by 18:00 on the day of arrival, the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) has the right to allocate the booked room after 18:00 to other guests, without the contractual party being able to claim any compensation as a result thereof. The Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) in this case, has the right to rescind. However, the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is not under an obligation to assign the room to someone else.
On the agreed day of departure, the rooms must be vacated and made available to the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) at the latest by 10:30. Thereafter, due to the delayed vacation of the room, the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is entitled to levy an additional charge of 45,00€, if the room is vacated until 18:00 and a further 100% of the accommodation price for the non-vacation of the room after 18:00 for each day that the room is not vacated. This does not justify contractual claims. The customer is free to prove that the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is entitled to no, or significantly lower, compensation monies.
6. Hotel liability, limitation
The Schloss Wissen Hotel (owner Raphaël Freiherr von Loë) is liable to fulfil its obligations stipulated in the contract. Claims by the customer for compensation are excluded. This does not include damage to life, limb or health, if the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is responsible for the breach of duty; other damages that are based on an intentional or grossly negligent breach of duty on the part of the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) and damages which are based on an intentional or negligent breach of contractual obligations of the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë). A breach of duty by the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is equivalent to that of a legal representative or agent. Should there be any disruptions or deficiencies of the services, the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) will endeavour to remedy the situation should the customer become aware of it, or if the customer gives immediate notification thereof. The customer is obliged to make a reasonable contribution to remedy the fault and to keep the possible damage to a minimum. Should the customer culpably neglect to report a defect, he is not entitled to a reduction of the contractually agreed fee.
The Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is liable to the customer for items brought in, in accordance with the statutory provisions of § 701 cont. BGB (federal law). Accordingly, liability is limited to 100 times the accommodation price for a day, however not exceeding € 3.500,00 – and, divergent for money, securities and valuables, a maximum of € 800,00. Money, securities and valuables up to a maximum of € 500,00 can be deposited in the hotel safe at the reception. The Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) recommends making use of this opportunity.
If a parking space or a parking lot is made available – also against a fee – to the customer, this does not result in a custody agreement. The Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is not liable for loss or damage of motor vehicles or their content, if they are parked or manoeuvred on the hotel property, except in the case of intent and gross negligence.
For the exclusion of the customer’s claims for damages, the rule laid out in the preceding number VII.1, sentences 2 to 4 applies respectively.
Claims for damages are excluded, unless they are based on intent or gross negligence on the part of the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) or its legal representative or an agent.
Messages, mail and deliveries for guests are treated with care. The Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) will accept the delivery, storage thereof and – if requested – the forwarding of the same against payment, as well as the enquiry pertaining to lost property. Claims for damages are excluded, unless they are based on intent or gross negligence on the part of the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) or its legal representative or agent. The Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is entitled to hand over the aforementioned items to the local lost property office – at the latest after a one-month storage period, charging a reasonable fee.
Claims for damages by the customer expire at the latest two years from the point in time at which the guest becomes aware of the damage or, without taking this knowledge into account, at the latest after three years from the point in time of the damaging event. This does not apply to the liability of damage from injury to life, limb or health, as well as to other damages based on an intentional or grossly negligent breach of duty by the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë), a legal representative or an agent.
If the guest books the additional service “Park, Sleep & Fly”, the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) will provide parking for up to 14 days free of charge. The Hotel Schloss Wissen assumes no liability for any damage to the car caused by third parties during the period of parking.
7. Smoking clause
Smoking is prohibited in all rooms.
If a customer violates the smoking ban, he is obliged to carry the costs for all cleaning measures (including the cleaning of all objects and textiles by a third-party company) and to pay compensation for any resulting damage. The customer also bears the cost of deployment of the local fire brigade, should the fire alarm be triggered due to smoking in the hotel room. The resulting loss of rent must also be borne by the customer. This claim of the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is flat-rated with € 100,00 per case per day. The customer is permitted to provide evidence that no damage has occurred at all, or that the damage is significantly lower than the agreed flat rate.
2. Our services
(1) We provide you with free internet access on our business premises via WLAN (“hotspot”).
(2) The provision of a hotspot depends on our respective technical and operational possibilities. An entitlement to a functioning hotspot or a specific local coverage of the hotspot does not exist.
(3) Furthermore, we do not guarantee that the hotspot can be used without disruption and interruption. We also cannot guarantee transmission speeds.
(4) We reserve the right to change, restrict or discontinue access to the hotspot, without prior notice, in the event of necessary technical repair- and maintenance work.
(5) No entitlement exists, that certain services can be used via the hotspot. Port blockings can, in particular, be carried out. Surfing the internet and sending and receiving emails are, as a rule, made possible.
3. Access and utilisation
(1) We only offer our guest WLAN to visitors of our Hotel Schloss Wissen. It is not a publicly accessible telecommunications service, but an internal WLAN for guests of the Hotel.
(2) A prerequisite for use is, that you know and accept the validity of these conditions of use. With the conclusion of a contract between you and the Hotel Schloss Wissen, you accept the general terms and conditions and, therewith, also the conditions of use of the guest WLAN.
(3) No entitlement exists to use the hotspot. We are free to restrict or deny access to the hotspot at any time without citing reasons.
(4) The most recent version of these conditions of use applies and is made available to you when registering for the hotspot.
4. Login data
(1) The registration data which you obtained at the reception or in the hotel room is to be kept secret. In so far as facts exist, justifying the assumption that unauthorised third parties have or will gain knowledge of your login data, you are to inform us immediately.
(2) As a user, you are liable for any utilisation and / or other activity carried out under your login data, in accordance with the current legal regulations.
5. Your obligations as a user
(1) In the course of utilising this service, you are obliged to truthfully provide any information regarding your person.
(2) When utilising our hotspot, you are obliged to comply with the applicable laws.
The service is provided free of charge.
7. Availability of services
As our services are provided free of charge, no entitlement exists, regarding the utilisation of the hotspot. However, we strive to ensure that the hotspot can be utilised without interruption.
8. Prohibited actions
As a user of the hotspot, you are prohibited from performing any action that violates the current legislation, infringes third-party rights or violates the principles of the protection of minors. In particular, the following actions are prohibited:
to place, distribute, offer and advertise pornographic content violating youth protection laws, data protection legislation and / or any other legislation services and / or fraudulent content, services and / or products;
the publication or disclosure of content which offends or defames other participants or third parties;
The utilisation, provision and distribution of content, services and / or products which are legally protected or are encumbered with the rights of third parties (e.g. copyrights), without being expressly authorised to do so;
the publicising of works protected by copyright, or other activities in breach of copyright, in particular when utilising so-called “internet exchange sites” or file sharing services.
furthermore, the following activities are prohibited, regardless of a possible violation of the law when posting own content on the website of the service provider or when communicating with other users (e.g. by sending personal messages, by participating in discussion forums, etc.):
the transfer of above-average amounts of data and, in particular, the continuous transfer of such amounts of data;
hosting of a web server or other server, utilising a hotspot of the service provider
changing the given DNS-server in the network settings of the service provider’s hotspot
the sending of junk or spam mails, as well as chain letters
the spreading of viruses, trojans and other harmful files
the dissemination of suggestive, offensive, sexually characterised, obscene or defamatory content or communication, as well as communication suited to the promotion of racism, fanaticism, hatred, physical violence or illegal acts (explicitly or implicitly respectively);
requesting other users or third parties to provide passwords or personal data for commercial, illegal or unlawful purposes;
also prohibited is any action that is likely to impair the smooth operation of our hotspot, in particular the disproportionate loading of our system.
9. Blocking access
10. Limitation of liability
(1) Sie sind als Nutzer für alle ihre Handlungen, die Sie im Zusammenhang mit der Nutzung des Internets über unseren Hotspot vornehmen, selbst verantwortlich.
(2) Sie stellen uns von sämtlichen Forderungen, die Dritte gegen uns wegen eines Verstoßes des Nutzers gegen gesetzliche Vorschriften, gegen Rechte Dritter (insbesondere Persönlichkeits-, Urheber- und Markenrechte) oder gegen vertragliche Pflichten, Zusicherungen oder Garantien geltend machen, einschließlich der Kosten der notwendigen Rechtsverteidigung (Rechtsanwalts- und Gerichtskosten in gesetzlicher Höhe) auf erstes Anfordern frei.
(3) Sie sind verpflichtet, im Falle der Geltendmachung von Ansprüchen im Sinne von Ziff. 10 Absatz 2 unverzüglich und vollständig bei der Sachverhaltsaufklärung mitzuwirken und uns die hierzu erforderlichen Angaben in geeigneter Weise zugänglich zu machen.
(1) We are liable, without limitation, for all damages caused by us in the event of intent or gross negligence
(2) In the event of slight negligence, we are fully liable in the event of injury to life, limb or health.
(3) Moreover, we are only liable if we have violated an essential contractual obligation. Essential contractual obligations are abstractly defined as those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on which the user can rely on a regular basis. In these cases, the liability is limited to the replacement of the predictable, typically occurring damage
(4) Insofar as our liability has been excluded or limited according to the aforementioned regulations, this also applies to our agents.
(5) Liability, according to the product liability law, remains unaffected.
12. Data protection
(1) We ensure that your personal data is only collected, stored and processed to the extent that it is necessary for the contractual service performance and is permitted by legal regulations or prescribed legislature.
(2) Please note that, in the event of a declaration of consent under data protection law has been obtained from you while using our services, this can be revoked at any time in the future.
(3) In order to provide you with the hotspot services, it is necessary to utilise the personal data of your device. In this regard, the MAC addresses of end devices may also be temporarily stored. Furthermore, we may save log data (log files), with respect to the type and extent of the utilisation of services, for 7 days. This data cannot be assigned directly to you.
13. Final provisions of the rights of use for the guest WLAN
(1) The law of the Federal Republic of Germany applies whereby the validity of the UN Sales Law is excluded.
(2) If you are a businessman, a legal entity or public fund under public law, our registered office is the exclusive place of jurisdiction for all disputes arising from this contractual relationship.
(3) Should individual provisions of these conditions of use be or become ineffective, the effectiveness of the remaining provisions is not affected.
9. Final Provisions
Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid. To comply with the written form specified in these general terms and conditions, it is sufficient to submit the respective statement by fax or email.
The place of performance and payment is Weeze.
The exclusive place of jurisdiction – also for cheque and exchange disputes – is – if the contractual partner of the Hotel Schloss Wissen (owner Raphaël Freiherr von Loë) is a merchant or legal entity of public law – Geldern. Provided that a contractual partner fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is also considered to be Geldern.
The law of the Federal Republic of Germany applies under exclusion of the UN Sales Law and the Conflict of Laws.
Should individual provisions of these general terms and conditions be or become invalid or void, the effectiveness of the remaining provisions will not be affected. In addition, the legal provisions apply.