Imprint

Hotel am Rüssel

Alexander – von – Humboldt Straße 1

34253 Lohfelden

info@hotel-am-ruessel.de

www.hotel-am-ruessel.de

Tel.:+49 561 510 52883

Fax: +49 561 510 45 14 8

Owner

Uwe Möller

Sensensteinstr.1

34123 Kassel

Management

Alexandra Pieterse

Sensensteinstr.1

34123 Kassel

General Terms and Conditions of Business and Use

Please read these General Terms and Conditions of Business and Use (GTCU) carefully and keep a copy for your records to know exactly what services we provide and what obligations you have towards us.

Section A of these GTCU deals with the General Terms and Mandatory Information. Section B deals with the special terms for the use of the website. Section C deals with the special terms for contracts regarding the temporary rental of hotel rooms for accommodation, as well as all other services and deliveries of a hotel provided in this context (“Hotel Accommodation Contract”).

  1. General Terms
  2. Scope of Application; Definitions
  3. These GTCU apply to all services and deliveries of the company

Hotel am Rüssel

Owner Uwe Möller

Alexander – von – Humboldt Straße 1

D-34253 Lohfelden,

  1. which are made available to the user directly or indirectly via the website, by e-mail or by telephone, regardless of the end device (e.g. PC, mobile phone) used to access the services and deliveries.
  2. The user’s or guest’s terms and conditions only apply if they have been expressly confirmed in writing by Hotel am Rüssel. Amendments and supplements to the contract, the acceptance of the offer or these GTCU must be in text form at least (e.g. by e-mail). Unilateral amendments or supplements by the user or guest are ineffective.
  3. The following definitions apply to these GTCU:
    • “Consumer” hereinafter refers to any natural person who enters into a legal transaction for purposes that predominantly are neither attributable to their commercial nor their self-employed professional activity.
    • “Entrepreneur”, on the other hand, refers to any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their commercial or self-employed professional activity.
    • “Website” refers to the internet presence of Hotel am Rüssel, regardless of the country-specific domain under which the user or guest accesses it.
    • “User” is a natural person who visits the website.
    • “Guest” is a person who concludes a Hotel Accommodation Contract.
    • “Cancellation” is the declaration of withdrawal before the agreed or scheduled check-in.
  4. Separate terms and conditions apply to the purchase of vouchers, the booking of hotel rooms for events / celebrations / conferences and/or catering services.
  5. Amendments
  6. Hotel am Rüssel is entitled to amend the GTCU with effect for the future. However, Hotel am Rüssel will only make amendments for valid reasons, e.g. if there are new technical developments, changes in case law or legislation, or other equivalent reasons.
  7. If the amendment would significantly disrupt the agreements or the contractual balance between the contracting parties, it will not be made. Such amendments require the consent of the user or guest.

III. Data Protection Notice

  1. Data protection is subject to the provisions of the German Federal Data Protection Act (BDSG), the General Data Protection Regulation (GDPR) and the German Telemedia Act (TMG).
  2. In particular in the context of the use of the website (e.g. the contact form, the booking process) and contract processing, the personal data of the user or guest may be collected, stored and processed. The data will only be collected and/or processed by Hotel am Rüssel for the proper execution of the respective contract or order. The data will not be passed on to third parties without explicit prior consent.
  3. The detailed data protection provisions of Hotel am Rüssel, which are available on the website, apply.
  4. Consumer Dispute Resolution Notice
  5. Hotel am Rüssel strives to settle any differences of opinion arising from consumer contract relationships amicably. For any complaints, the user or guest can therefore contact Info(at)hotelamrüssel.de. The limitation period for any claims is suspended for the duration of this procedure.
  6. If no agreement is reached there, the legal recourse is open – without prior conciliation attempt at a state-recognized body.
  7. Contract Language Notice
  8. The German language is available to the user on the website. Parts of the website are also displayed in other languages after the user has made the corresponding selection for assistance; however, this only affects the choice of the contract language if the user completes the entire booking via the internet in a language other than German or if at least an express agreement on a contract language other than German has been concluded in text form.
  9. Special Terms for the Use of the Website
  10. Subject Matter of the Contract, Conclusion of the Brokerage Contract
  11. Hotel am Rüssel provides information about the hotel, the restaurant and the gas station free of charge on the website. The user can check room availability online and make reservations directly.
  12. The contract is concluded as soon as rooms have been ordered via our online booking system. Another option is booking by telephone. In this case, the contract comes into force as soon as the booking is confirmed by e-mail. This applies to both hotel rooms and the booking/reservation of the conference rooms.
  13. Hotel am Rüssel undertakes to broker the booked service(s) to the user with the diligence of a prudent businessman and to ensure the successful fulfillment or proper execution of the booked service.
  14. Contracting Parties, Conclusion of Contract, Correction, Storage of Contract Text
  15. Parties to the usage or brokerage contract are the user and Hotel am Rüssel.
  16. By completing and submitting the online booking form on the website, the user commissions Hotel am Rüssel to procure accommodation, travel or other services.
  17. The user is requested to carefully fill out the mandatory fields in the online booking form (in particular personal details, contact details such as e-mail address, payment details). Incorrect information may lead to errors in the contract for which the user is then responsible.
  18. Incorrect entries on the website can be corrected or deleted by the guest using the usual functions of the end device used (e.g. the browser’s “back” function) until the online booking form is submitted.
  19. Hotel am Rüssel stores the contract text temporarily until the contract is fully processed; thereafter, the data will be blocked or deleted for further use, unless mandatory commercial or tax law retention obligations oppose this.

III. Intellectual Property

  1. The exclusive rights of use for the website and the protected content accessible via it (e.g. logos, photos, images, graphics, descriptions) lie with Hotel am Rüssel and its cooperation partners (entitled parties). The user is expressly prohibited from adopting the website – either in whole or in part by adopting photos, images, descriptions, graphics or the design.
  2. Notwithstanding paragraph 1, the user is entitled to download, display and print individual pages and/or excerpts of the website exclusively for personal purposes (such as documenting the hotel’s details / documenting the booking). When using the website content, the user is obliged to clearly and legibly indicate the source in the file or printout with a permanently affixed note.
  3. The user is (subject to the exception in the preceding paragraph 2) in particular not entitled to modify, copy, transfer, assign, sell, distribute, exploit, exhibit, publish, publicly perform, reproduce and license the content, information, software, products or services that are accessible or viewable via the website without the express consent of the entitled party.
  4. Measures
  5. If there are concrete indications that a user culpably violates legal regulations, the rights of third parties, such as in particular name, copyright and trademark rights, or these terms of use, or if Hotel am Rüssel has another legitimate interest, in particular to protect other users from fraudulent or other illegal activities, Hotel am Rüssel is entitled, taking into account the legitimate interests of the affected user, to take one or more of the following measures:
  • Warning the user;
  • Deleting offers or other content of the user;
  • Restricting the user’s use of the website;
  • Excluding the user – temporarily or permanently – from using the website (blocking).
  1. Already concluded contracts between the user and the hotel remain unaffected by the aforementioned measures.
  2. Limitation, Liability
  3. Hotel am Rüssel is liable under the brokerage contract in accordance with the statutory provisions.
  4. Claims of the user against Hotel am Rüssel arising from the brokerage contract shall become statute-barred within one year, deviating from §195 BGB (German Civil Code), unless they are claims for damages based on injury to life, body or health, or claims for damages based on an intentional or grossly negligent breach of duty by Hotel am Rüssel or on an intentional or negligent breach of duties typical for the contract by Hotel am Rüssel. A breach of duty by Hotel am Rüssel is equivalent to that of a legal representative or vicarious agent.
  5. The limitation period begins at the end of the year in which the claim arose and the user gained knowledge of the circumstances giving rise to the claim and the person of the debtor, or should have gained knowledge without gross negligence.
  6. Choice of Law, Place of Jurisdiction, Final Provisions
  7. All legal relationships between the user and Hotel am Rüssel are exclusively subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. With regard to consumers (see Section A, Clause I No. 3), sentence 1 only applies insofar as the choice of law does not deprive the consumer of the protection of mandatory legal provisions of the state in which the consumer has their habitual residence.
  8. If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract – including disputes concerning checks and bills of exchange – is Bad Arolsen. The same applies if the user does not have a general place of jurisdiction in the Federal Republic of Germany or if their domicile or habitual residence is unknown at the time the action is brought. Mandatory statutory provisions regarding the place of jurisdiction remain unaffected.
  9. The contract language is German (Section A Clause V of the GTCU applies accordingly).
  10. Special Terms for the Hotel Accommodation ContractI. Contracting Parties, Short-Term Booking
  11. Parties to the Hotel Accommodation Contract are the user specified in the booking process and Hotel am Rüssel. The contract is concluded upon the hotel’s acceptance of the guest’s request. The hotel is free to confirm the room reservation in text form.
  12. If the reservation was made by a third party for the guest, the third party is obliged to forward all relevant information regarding the reservation, in particular the reservation documents and the GTC, to the guest immediately after receipt.
  13. If there are less than 12 hours between the reservation and the actual provision of the hotel room, the contract may also be concluded by the actual provision of the hotel room to the user.
  14. Information for Online Reservation
  15. The selection of services on the website does not constitute a binding contractual offer by the hotel, but is an invitation to the user to submit an offer. The user can submit a binding offer via the online reservation system on the website by clicking the final button to submit the online booking form after selecting the desired rooms or services and entering their personal data.
  16. Until the online booking form is submitted, the user can correct their selection and entries in the online reservation system using the browser functions or cancel the booking entirely. Each page and each step of the booking process contains a “back” button, which allows the user to return to the previous page and correct the selection and entries made using the usual keyboard and mouse functions. In addition, the user’s selection and entries are displayed again in an overview before the online booking form is submitted, and corrections can also be made there using the usual keyboard and mouse functions.
  17. The Hotel Accommodation Contract is concluded when a booking confirmation (e.g. by e-mail) is sent to the user immediately, but no later than within 24 hours after the booking form has been sent.
  18. The contract text is stored by the hotel temporarily and is no longer fully accessible to the user via the internet for security reasons after the booking form has been sent. After the contract has been fully processed, the data will be deleted or blocked for further use, unless mandatory tax or commercial law retention obligations oppose this.
  19. The communication required for the conclusion of the Hotel Accommodation Contract is partly automated. It is the sole responsibility of the user to ensure that the receipt of e-mails concerning their booking is technically possible and, in particular, is not prevented by SPAM filters.

III. Services, Prices

  1. The hotel is obliged to keep the rooms booked by the user available and to provide the agreed services. The user does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed by the hotel in text form at least (e.g. by e-mail).
  2. The subletting or re-letting of the provided rooms as well as their use for purposes other than accommodation are generally inadmissible, unless Hotel am Rüssel has consented to the subletting or re-letting or any other use of the provided rooms at least in text form.
  3. The user is obliged to pay the agreed or applicable prices of the hotel for the room rental and the other services used by them. This also applies to services and expenses of the hotel to third parties initiated by the user.
  4. Package deals, special offers, discounts or other reductions cannot generally be combined. Company-specific prices tied to a person are not transferable to third parties.
  5. The prices are inclusive of the taxes and local charges applicable at the time of conclusion of the contract. Not included in the prices are local charges that are owed by the customer themselves according to the respective municipal law (e.g. tourist tax). These are to be paid by the guest and their fellow travelers on site according to the local rates.
  6. The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the booked length of stay of the guest or their fellow travelers requested by the guest dependent on the price for the rooms and/or other services of the hotel increasing.
  7. Terms of Payment
  8. Invoices of the hotel without a due date are payable immediately upon receipt of the invoice without deduction – subject to deviating agreements in individual cases. The hotel is entitled to demand immediate payment of due claims at any time.
  9. The default of payment is determined by the statutory regulations; the hotel reserves the right to prove higher damages.
  10. The user can only offset or set off against a claim of the hotel with an undisputed or legally established claim.
  11. Security Deposit, Advance Payment
  12. The hotel can demand a reasonable security deposit from the user upon conclusion of the contract, e.g. in the form of a credit card guarantee, or a reasonable advance payment. The specific amount of the security deposit or the advance payment as well as the due dates will be agreed separately and at least in text form. The statutory provisions for advance payments / security deposits for package tours remain unaffected.
  13. If there are legitimate reasons, in particular a significant delay in payment by the user or a significant expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit from the user in the sense of paragraph 1 or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
  14. Room Handover
  15. Unless otherwise agreed in individual cases, the room(s) are available to the guest on the agreed arrival day and must be vacated and returned to the hotel on the agreed departure day.

VII. Cancellation, Non-Utilization of Hotel Services by the Guest

  1. A withdrawal of the guest from the contract concluded with the hotel is possible if the guest has a statutory right of withdrawal or if the hotel has granted the guest a right of withdrawal at least in text form or if the hotel agrees to a cancellation of the contract at least in text form.
  2. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination, and if the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite the guest’s non-utilization of the service. If the guest cancels their reservation or does not appear on the arrival day, the hotel is entitled to allocate the unused room(s) elsewhere. For unused rooms that the hotel was able to allocate elsewhere, the hotel will credit the guest with the income from the alternative rental as well as the saved expenses.
  3. The guest is requested to preferably use the online cancellation option for the booked room(s) on the website. Otherwise, the guest’s cancellation must be declared at least in text form (e.g. by e-mail) and should, if possible, include the reservation or booking number for better allocation.
  4. If the room is not rented elsewhere, the hotel has the choice to assert a cancellation fee against the guest instead of a specifically calculated compensation. This is calculated from the contractually agreed remuneration minus lump-sum expenses. Unless otherwise agreed in individual cases, the guest is obliged in this case to pay 100% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with external services. The guest is free to prove that the aforementioned claims of the hotel did not arise or did not arise in the required lump-sum amount.

VIII. Withdrawal of the Hotel

  1. If it has been agreed that the guest can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other users for the contractually booked rooms and the guest does not waive their contractually granted right of withdrawal upon inquiry by the hotel within a reasonable period.
  2. Furthermore, the hotel is entitled to extraordinarily terminate the Hotel Accommodation Contract for a materially justified reason, in particular, but not limited to, if
    1. an agreed and due service of the guest is not rendered even after the expiry of a reasonable grace period set by the hotel or
    2. rooms are intentionally booked under misleading or false information regarding essential facts about the guest’s person and the hotel has incurred material damage as a result of this behavior or
    3. the hotel has reasonable cause to believe that the use of the hotel service may endanger the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization or
    4. force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible or
    5. the purpose and/or the occasion of the stay is illegal or
    6. there is a violation of the prohibition of subletting or re-letting (Section C, Clause III No. 2 of these GTC).
  3. The justified withdrawal of the hotel does not give rise to any claim for damages on the part of the customer.
  4. Warranty, Limitation
  5. The statutory provisions regarding warranty apply. If disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon knowledge or notification by the guest.
  6. Within the scope of their statutory duty to mitigate damages, the guest is obliged to contribute what is reasonable to avoid disruptions and keep any possible damage to a minimum, as well as to notify the hotel immediately of all disruptions or damages.
  7. All claims of the guest against the hotel become statute-barred within one year from the statutory commencement of the limitation period, unless they are claims for damages based on injury to life, body or health, or claims for damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent.
  8. The limitation period begins at the end of the year in which the claim arose and the guest gained knowledge of the circumstances giving rise to the claim and the person of the debtor, or should have gained knowledge without gross negligence.
  9. Liability
  10. The liability of the hotel is governed by the statutory provisions.
  11. The provisions of §§ 701 ff. BGB (German Civil Code) apply to items brought in by the guest. The hotel recommends that the guest use the hotel or room safe.
  12. The hotel is not liable for loss or damage to motor vehicles parked or maneuvered on the hotel property or the Autohof Lohfeldener Rüssel and/or their contents. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent.
  13. The hotel carries out wake-up calls and dispatches of mail, messages and goods with the diligence of a prudent businessman.
  14. Choice of Law, Place of Jurisdiction
    1. All legal relationships between the guest and Hotel am Rüssel are exclusively subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. With regard to consumers (Section A, Clause I No. 3), sentence 1 only applies insofar as the choice of law does not deprive the consumer of the protection of mandatory legal provisions of the state in which the consumer has their habitual residence.
    2. If the guest is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the Hotel Accommodation Contract – including disputes concerning checks and bills of exchange – is, at the hotel’s discretion, either the hotel’s place of business or Bad Arolsen. The same applies if the guest does not have a general place of jurisdiction in the Federal Republic of Germany or if their domicile or habitual residence is unknown at the time the action is brought. Mandatory statutory provisions regarding the place of jurisdiction remain unaffected.
    3. The contract language is German (Section A Clause V of the GTCU applies accordingly).