Terms and Conditions (T&C) – Libertas Hotels – GERMANY
LIBERTAS Hotel Regensburg II GmbH
In the D 90 Business Park
93059 Regensburg
Introduction
These General Terms and Conditions (GTC) apply to all contracts for the rental of hotel rooms for lodging, as well as for the provision of conference, banquet, and event rooms and all related services provided by LIBERTAS Hotel Regensburg II GmbH, Im Gewerbepark D 90, 93059 Regensburg (hereinafter “Hotel”). If the guest is a consumer within the meaning of Section 13 of the German Civil Code (BGB), these GTC apply only to the extent that they do not conflict with mandatory statutory provisions. Any deviating terms and conditions of the guest shall not apply unless they have been expressly agreed upon in writing.
- Scope of Application, Subletting, Deviating Terms and Conditions
- These Terms and Conditions apply to all hotel accommodation agreements, event contracts, and all other services provided by the hotel.
- Subletting or subleasing the rooms provided, as well as using them for purposes other than lodging, requires the hotel’s prior written consent. Reselling or reselling rooms at higher prices is prohibited.
- Any terms and conditions of the guest that differ from these shall apply only if they have been expressly agreed upon in writing.
- Conclusion of the Contract and Contracting Parties
- The contract is formed when the hotel accepts the guest’s reservation. The conclusion of the contract obligates the contracting parties to fulfill the contract, regardless of the term for which the contract was entered into. The contract cannot be terminated unilaterally.
- Reserved rooms are available to guests starting at 3:00 p.m. on the day of arrival. They must be vacated by 11:00 a.m. at the latest on the day of departure. Unless a later arrival time has been expressly agreed upon in writing and guaranteed by a credit card, the hotel reserves the right to reassign reserved hotel rooms after 6:00 p.m.
- The guest shall have no right to the provision of specific rooms or accommodations should the agreed-upon accommodations, for whatever reason, be unavailable. In such cases, the hotel is obligated to provide equivalent accommodations, including off-site, to the extent that this is reasonable.
- The contracting parties are the hotel and the guest. If a third party made the reservation on behalf of the guest, the guest and the person who made the reservation are jointly and severally liable.
- Upon entering into the contract, the guest is required to inform the hotel of any circumstances that could jeopardize the smooth operation, safety, or reputation of the hotel.
- During their stay, guests are required to familiarize themselves and any persons requiring supervision with the emergency exits and evacuation procedures.
III. Online Reservations
- Reservations can be made through the hotel's website or through authorized third-party providers.
- By completing the booking, the guest agrees to these Terms and Conditions and the hotel's privacy policy.
- For guaranteed reservations (e.g., those made by providing a credit card), the hotel is entitled to charge the total price of the booked stay in the event of a no-show, unless otherwise agreed.
- By completing the booking, the person making the reservation confirms that he or she is of legal age and has legal capacity.
- Services, Prices, Payment
- The hotel is obligated to make the booked services available and to provide them.
- Additional services (e.g., breakfast, half-board) are included in the price only if this has been expressly agreed upon.
- The agreed-upon prices are in euros and include statutory value-added tax, but exclude local taxes (e.g., visitor's tax).
- Invoices are due immediately upon delivery of services. In the event of late payment, statutory late-payment interest applies.
- As a general rule, the hotel does not accept cash payments; payment in cash is possible only on the basis of a voluntary concession by the hotel, which may be revoked at any time. There is no legal entitlement to such a concession.
- The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter.
- Pets may be brought along only with the hotel's prior approval and, if applicable, for an additional fee.
- If the hotel provides the guest with Wi-Fi access within the limits of its technical and operational capabilities, the guest agrees to use the Internet access exclusively for lawful purposes. In particular, the following are prohibited: the distribution of illegal content, copyright infringements, and the use of malicious software. The guest shall indemnify the hotel against all claims by third parties arising from unlawful use. The hotel assumes no liability for the availability, speed, or data security of the Wi-Fi access.
- Gift certificates are non-transferable, cannot be redeemed for cash, and may only be used for services provided by the hotel. Furthermore, gift certificates with an expiration date will only be redeemed by the hotel in exceptional cases, and no later than the expiration of the standard statute of limitations. If the price of services on the date the gift certificate was issued differs from the price at the time of redemption, the guest must pay the difference at the time of redemption. Refunds for price discounts are not possible.
- Guest Withdrawal / Cancellation
- Unless otherwise agreed, the guest may cancel without penalty only with the hotel's written consent.
- If the reservation is not canceled by the deadline, the hotel retains its right to compensation.
- In the case of rooms not used by the guest, the hotel shall offset the revenue from renting those rooms to other guests as well as the expenses saved.
- The hotel is free to calculate the damages it incurs—which the customer is obligated to reimburse—on a lump-sum basis. The guest is then obligated to pay 90% of the contractually agreed-upon price for overnight stays with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements. The guest is free to provide evidence that the aforementioned claim did not arise or did not arise in the amount claimed.
- Non-refundable rates—that is, rates that cannot be canceled—are subject to special conditions. These offers, which are expressly marked as non-cancelable, non-refundable, or “non-refundable,” are due in full immediately upon booking. Free cancellation, changes, or rebooking are not permitted. In the event of cancellation, rebooking, a no-show, or early departure, there is no entitlement to a refund.
- Packages may be canceled free of charge no later than seven days before arrival (6:00 p.m.). Later cancellations or no-shows are subject to a fee and will be charged the total amount of the reservation.
- If a guest departs early, the guest is not entitled to a refund for services that have already been booked and confirmed.
- The guest expressly reserves the right to prove that the hotel suffered no damage or only significantly less damage.
- Statutory rights of withdrawal remain unaffected.
- Cancellation by the Hotel
- The hotel is entitled to terminate the contract if agreed-upon advance payments are not made even after a reasonable grace period has elapsed.
- If the customer’s right to cancel within a specified period has been agreed upon in writing, the hotel is, for its part, entitled to cancel the contract during that period if it receives requests from other customers for the rooms booked under the contract and the customer does not waive his or her right to cancel upon the hotel’s inquiry.
- The hotel reserves the right to cancel a reservation under exceptional circumstances, including, but not limited to, force majeure, false information provided by the guest, or situations that jeopardize the hotel’s safety or reputation.
- In the event of a justified cancellation by the hotel, the guest is not entitled to compensation.
VII. Hotel Liability
- The hotel is liable only in cases of willful misconduct or gross negligence.
- In the event of injury to life, body, or health, the statutory provisions apply.
- The hotel is liable for items brought onto the premises solely to the extent provided by law (Sections 701 et seq. of the German Civil Code (BGB)).
- We assume no liability for vehicles parked in hotel parking lots or in the garage.
VIII. Guest Liability
- The guest is liable for any damage caused by the guest, traveling companions, visitors, or other third parties within the guest’s area of responsibility. This also applies to pets brought along. It is the guest’s responsibility to obtain appropriate insurance coverage.
- This is a non-smoking hotel; if a guest smokes in a hotel room, we will charge a minimum of €250.00 to cover cleaning costs. If the room cannot be rented out due to the odor, additional compensation will be charged.
- Charging large batteries (e.g., from electric bicycles, electric scooters, etc.) in hotel rooms is prohibited due to the serious risk of fire.
- Privacy Policy
The hotel processes personal data exclusively in accordance with applicable data protection laws (GDPR, BDSG).
- Group Reservations
- Group reservations are reservations for more than 8 rooms or reservations that are explicitly designated as group reservations.
- Different cancellation, payment, and contract terms may apply to group bookings; these will be communicated to the guest in writing before the contract is concluded.
- Unless otherwise agreed, the following provisions apply:
- Terms of Payment:
- Deposit of up to 50% upon booking
- Final payment must be made no later than 14 days before arrival
- Cancellation Policy for Groups:
- Up to 60 days before arrival: free of charge
- 59 to 30 days before arrival: 50%
- Terms of Payment:
- 29 to 14 days before arrival: 80%
- 13 days or less before arrival or in case of a no-show: 100%
- The agreed-upon total price is decisive.
- We reserve the right to prove that the damage was less severe.
- Quotas, Room Lists, and Roster Lists
- For group reservations with room allocations, a binding list of names must be submitted no later than 7 days before arrival.
- Unused rooms from the room allocation will be charged in accordance with the agreed cancellation policy.
- Changes to room occupancy after the deadline may be denied or subject to a separate charge.
XII. Bookings Through Voucher Providers
- Bookings made through external gift card providers are subject to the terms and conditions of the respective gift card issuer.
- Unless otherwise expressly stated by the voucher issuer, these reservations cannot be canceled or changed.
- The hotel will not issue any refunds.
- There are no goodwill policies beyond the terms and conditions set by the voucher issuer.
- All claims, demands, refund requests, and related communications must be directed exclusively to the gift card provider.
XIII. Bookings Through Third-Party Providers / Online Travel Agencies (OTAs)
- Bookings made through third-party providers or online travel portals are also subject to those providers' terms and conditions.
- Cancellations, rebookings, or changes to such reservations can only be made through the respective third-party provider.
- The hotel is neither authorized nor obligated to make changes directly.
- Only the terms and conditions of the plan booked through the third-party provider apply.
XIV. Final Provisions
- Any amendments or additions to the contract must be made in writing.
- The place of performance and payment is Regensburg.
- German law applies.
- The place of jurisdiction is—to the extent permitted by law—the hotel’s place of business.
- If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected.