General Terms and Conditions of Business

1. Scope of application

1.1 These terms and conditions apply to contracts of Graf von Moltke Betriebs KG, (Relais & Châteaux Gut Steinbach Hotel und Chalets) for the rental of hotel rooms for accommodation, as well as all further services and deliveries provided by the hotel for the customer in this context.

1.2 The subletting or further rental of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.

2 Conclusion of contract, contractual partner, statute of limitations

2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's booking by the hotel. The hotel is free to confirm the room booking in text form.

2.2 All claims against the Hotel shall generally become statute-barred one year after the beginning of the statutory limitation period. Claims for damages are subject to a limitation period of five years at the latest, irrespective of knowledge. The shortening of the limitation period shall not apply to claims in the case of fraudulently concealed defects or which are based on intent, gross negligence or a culpable injury to the life, limb, health or freedom of a natural person, from guarantees of quality or for the right to withdraw from the contract in the event of a breach of duty for which the hotel is not responsible and which is not a defect.

3. Services, prices, payments, offsetting

3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.

3.2 The customer is obliged to pay the hotel's prices applicable or agreed for the provision of rooms and the other services used by him. This also applies to services contracted by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.

3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Local taxes owed by the guest according to local law are not included, e.g. visitor's tax. In the event of changes in statutory value-added tax or the introduction, amendment or abolition of local taxes on the subject matter of the contract after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of the contract and performance of the contract exceeds four months.

3.4 The Hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the duration of the Customer's stay subject to an increase in the price of the rooms and/or other services provided by the Hotel.

3.5 Invoices from the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default in payment on the part of the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.

3.6 The hotel is entitled to demand an appropriate advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or the provision of security for package tours, the statutory provisions remain unaffected. In the event of default in payment on the part of the customer, the statutory provisions shall apply.

3.7 In justified cases, for example arrears of payment by the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or provision of security in the sense of section 3.6 above or an increase of the advance payment or provision of security agreed in the contract until the full agreed remuneration.

3.8 Furthermore, the hotel is entitled, at the beginning and during the stay, to demand from the customer an appropriate advance payment or security in the sense of section 3.6 above for existing and future claims arising from the contract, unless such has already been made in accordance with section 3.6 and/or section 3.7 above.

3.9 The customer may only offset or set off a claim of the hotel against an undisputed or legally binding claim.

4. Withdrawal by the customer (cancellation, cancellation) / failure to use the hotel's services (no show)

4.1. The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal insofar as the possible consent to a contract cancellation should be made in writing.

4.2. If an appointment has been agreed between the hotel and the customer to withdraw from the contract free of charge, the customer can withdraw from the contract until then without triggering payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.

4.3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite not using the service. The hotel must credit the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to someone else, the hotel can apply a flat-rate deduction for saved expenses.

4.4. In this case, the customer is obliged to pay 80% of the contractually agreed price for overnight accommodation with or without breakfast as well as for all-inclusive arrangements with external services. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

5. Resignation of the hotel

5.1. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer upon request of the hotel with a reasonable deadline not waive his right to withdraw.

5.2. If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and / or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

5.3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, especially if
- Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract:
- rooms or rooms are culpably booked with misleading or false information or with concealment of essential facts; The identity of the customer, the solvency or the purpose of the stay can be essential;
- the hotel has justified reason to believe that the use of the service could 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;
- the purpose or the cause of the stay is illegal;
- there is a violation of the above-mentioned section 1.2.

5.4. The justified withdrawal by the hotel does not justify the customer's claim to compensation.

6. Room provision, handover and return

6.1. The customer does not acquire the right to be provided specific rooms, unless this has been expressly agreed.

6.2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.

6.3. On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 12:00 noon. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price for use beyond the contract up to 6 p.m., and 90% from 6 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim to usage fee.

7. Hotel liability

7.1. The hotel is liable for damage caused by injury to life, limb or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this section 7. Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.

7.2. The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

7.3. If the customer is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not result in a custody contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above section 7.1, sentences 1 to 4.

7.4. Wake-up calls are carried out by the hotel with great care.
Messages, mail and deliveries for guests are handled with care. The hotel will deliver, store and - on request - forward the same for a fee. The hotel is only liable in accordance with the preceding section 7.1, sentences 1 to 4.

8. Data protection

8.1. The provider, Graf von Moltke Betriebs KG, is entitled to process all data relating to the business relationship with the customer in compliance with the Federal Data Protection Act.

9. FINAL PROVISIONS

9.1. Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.

9.2. The place of fulfillment and payment is the seat of the hotel.

9.3. The exclusive place of jurisdiction - also for check and bill of exchange disputes - is the seat of the hotel in commercial transactions. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany or within the scope of Regulation (EC) No. 44/2001, the place of jurisdiction is the hotel's registered office. In any case, the hotel reserves the right to sue the customer at its general place of jurisdiction.

9.4. German law applies. The application of the UN sales law and the conflict of laws is excluded.

9.5. Should individual provisions of these general terms and conditions for hotel accommodation or the contract be or become invalid or void, this shall not affect the validity of the remaining provisions and the contract.

Reit im Winkl, 2021