General Terms and Conditions

for the Hotel Accommodation Contract of Mühlenhof Franken

 

I. Scope

  1. These terms and conditions apply to contracts for the rental provision of apartments at Mühlenhof Franken for accommodation, as well as all additional services and deliveries provided to the customer by Mühlenhof Franken. The term "hotel accommodation contract" includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, and hotel room contract.
  2. The subletting or re-letting of the provided apartments, as well as their use for purposes other than accommodation, require the prior written consent of Mühlenhof Franken. Section 540 (1) sentence 2 of the German Civil Code (BGB) applies as a condition, insofar as the customer is not a consumer.
  3. The customer’s general terms and conditions shall only apply if expressly agreed in writing in advance.

II. Conclusion of Contract, Contracting Parties, Statute of Limitations

  1. The contract is concluded when Mühlenhof Franken accepts the customer’s request. Mühlenhof Franken is free to confirm the booking in writing.
  2. The contracting parties are Mühlenhof Franken, represented by Haaf Landwirtschafts GbR, Obere Mühle 44, 97268 Gaubüttelbrunn, and the customer. If a third party has placed the booking on behalf of the customer, they shall be jointly liable with the customer for all obligations under the hotel accommodation contract, provided that Mühlenhof Franken has received a corresponding declaration from the third party.
  3. All claims against Mühlenhof Franken expire one year from the start of the statutory limitation period. Claims for damages expire after five years, irrespective of knowledge. These limitation reductions do not apply to claims based on intentional or grossly negligent breaches of duty by Mühlenhof Franken.

III. Services, Prices, Payment, Offsetting

  1. Mühlenhof Franken is obliged to provide the booked apartments and perform the agreed services.
  2. The customer is obliged to pay the agreed or applicable prices for the apartment rental and any additional services used. This also applies to services and expenses that Mühlenhof Franken has arranged with third parties on behalf of the customer. The agreed prices include the applicable statutory VAT.
  3. Mühlenhof Franken may condition its approval of the customer’s request to reduce the number of booked apartments, services, or duration of stay on an increase in the price for the apartments and/or other services.
  4. Invoices from Mühlenhof Franken without a due date must be paid in full within 10 days of receipt. Mühlenhof Franken may demand immediate payment of outstanding claims at any time. In the event of late payment, Mühlenhof Franken is entitled to charge interest at a rate of 8% above the base rate or, in the case of transactions involving a consumer, 5% above the base rate. Mühlenhof Franken reserves the right to prove a higher loss.
  5. Mühlenhof Franken is entitled to request an appropriate advance payment or security deposit upon contract conclusion. The amount and due date can be agreed upon in writing in the contract.
  6. In justified cases, such as a customer’s payment default, Mühlenhof Franken is entitled to request an advance payment or an increase in the advance payment/security deposit up to the full agreed amount, even after the contract has been concluded and before the customer’s stay begins.
  7. At the beginning and during the stay, Mühlenhof Franken is entitled to request a reasonable advance payment or security deposit for existing and future claims under the contract.
  8. The customer may only offset, reduce, or withhold payments against claims of Mühlenhof Franken if the counterclaim is undisputed or legally established.

IV. Cancellation by the Customer (Withdrawal, Cancellation) / No-Show

  1. The customer’s withdrawal from the contract requires the written consent of Mühlenhof Franken. Without such consent, the agreed contract price must be paid even if the customer does not use the contractual services. In this case, the invoice will include VAT. If written consent for withdrawal is given under the condition that the customer compensates for unused rooms, the invoice will be issued without VAT.
  2. If Mühlenhof Franken and the customer have agreed on a deadline for free withdrawal, the customer may withdraw from the contract without triggering payment or compensation claims until that date. The customer’s right of withdrawal expires if they do not exercise it in writing by the agreed deadline.
  3. If the customer does not use the booked apartments, Mühlenhof Franken will credit the revenue from re-letting the apartments and any saved expenses. If the apartments are not re-rented, the customer must pay at least 90% of the agreed price for accommodation. The customer is free to prove that the claimed amount is not applicable or lower.

V. Withdrawal by Mühlenhof Franken

  1. If it has been contractually agreed that the customer may withdraw within a specified period free of charge, Mühlenhof Franken may withdraw during this period if there are inquiries from other customers for the booked apartments and the customer does not waive their right of withdrawal upon request.
  2. If an agreed or requested advance payment or security deposit is not provided, Mühlenhof Franken is also entitled to withdraw from the contract.
  3. Mühlenhof Franken is further entitled to withdraw for objectively justified reasons, such as:
  • Force majeure or other circumstances beyond Mühlenhof Franken’s control that make contract fulfillment impossible.
  • Booking of apartments under misleading or false information regarding essential facts.
  • Justified assumption that the use of services could endanger the smooth operation, security, or reputation of Mühlenhof Franken.
  • Violation of Section I.2 above.

      4. If Mühlenhof Franken legitimately withdraws, the customer has no claim for damages.

VI. Provision, Handover, and Return of Rooms

  1. The customer has no claim to the provision of specific apartments.
  2. Booked apartments are available from 3:00 PM on the agreed arrival date, unless otherwise agreed. The customer has no right to earlier availability.
  3. On the agreed departure day, the apartments must be vacated and made available to Mühlenhof Franken by 12:00 PM. If vacated later, Mühlenhof Franken may charge a fee of €30 until 3:00 PM and the full daily rate thereafter.

VII. Liability of Mühlenhof Franken

  1. Mühlenhof Franken is liable for its contractual obligations with the care of a prudent businessperson. However, claims for damages are excluded except for injury to life, body, or health due to Mühlenhof Franken’s negligence, or damages due to intentional or grossly negligent breaches of duty.
  2. The customer is solely responsible for valuables stored in the apartments. Theft of valuables from the apartments is considered a general life risk, for which Mühlenhof Franken is not liable.
  3. If a parking space is provided, even for a fee, no safekeeping agreement is established. Mühlenhof Franken is not liable for loss or damage to vehicles parked or maneuvered on the property, except in cases of intent or gross negligence.
  4. Mühlenhof Franken does not offer services such as wake-up calls, message storage, or acceptance of mail/packages. The customer bears sole responsibility for loss or damage to deliveries sent to Mühlenhof Franken’s address.

VIII. Final Provisions

  1. Changes or additions to the contract should be made in writing. Unilateral changes by the customer are invalid.
  2. Place of performance and payment is the registered office of Haaf Landwirtschafts GbR, Obere Mühle 44, 97268 Gaubüttelbrunn.
  3. Exclusive jurisdiction for disputes is Würzburg.
  4. German law applies, excluding the UN Sales Convention.
  5. Should any provision be invalid, the remaining provisions remain unaffected.