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General Terms and Conditions of the ‘Landhaus Marienstein’

 

 

1. these general terms and conditions apply to all contracts concluded with Landhaus Marienstein (written or verbal). General Terms and Conditions other than those of Landhaus Marienstein shall not become part of the contract, even if Landhaus Marienstein does not expressly object to them. 

 

2. in addition to §§701ffBGB, the general law of obligations and the provisions of the general tenancy law of the BGB apply to accommodation contracts. The contract cannot be cancelled unilaterally. Cancellations must always be made in writing. For cancellations of events with more than 10 persons/more than 3 hotel rooms, please send a registered letter.

 

3. services and tariffs are freely determined by the management of Landhaus Marienstein and can be modified after conclusion of the contract if the period between conclusion of the contract and provision of the services is more than 4 months (price updates max. between 5 - 10 %). The contractual partner does not acquire any claim to the provision of specific rooms or premises. If agreed rooms are not available, Landhaus Marienstein will endeavour to provide an equivalent replacement in the house or in other properties. The contractual partner may have to accept a reasonable waiting period for this purpose. The gross prices quoted include the legally applicable VAT. If this is changed, we will adjust the prices accordingly.

 

4. reservations (including verbal reservations) are binding for both contracting parties. Cancellations can only be made with the consent of Landhaus Marienstein and in accordance with clause 8 of these GTC. Changes to the pro-rata VAT rate shall be borne by the client, irrespective of the date of conclusion of the contract. Landhaus Marienstein may make any order acceptance, reservation or such services that are only to be provided in the underlying contract dependent on the partial payment of the amounts owed with regard to the provision of services. Reserved rooms are available to the contractual partner from 3.00 p.m. on the day of arrival, unless a later arrival time has been expressly agreed, Landhaus Marienstein reserves the right to allocate rooms ordered after 6.00 p.m. to other guests. On the day of departure, the rooms must be vacated by 10.00 a.m., unless expressly agreed otherwise.  In the cold season / the heating period between mid-September and the end of April / we charge a heating surcharge of 5,- per person and room! Reserved function rooms are only available to the contractual partner at the time agreed in writing. Utilisation of the function rooms beyond the agreed period requires the prior consent of the marketing department. 

 

5 In the case of a non-binding reservation for a festivity/conference booking, we give you an option of max. 14 days. During this time we will keep the special rooms free for you. Options are only granted for one date at a time. Please inform us in writing (stating the billing address) that you would like to make a binding reservation or sign the binding reservation/hospitality contract.

A reservation fee charged by us - which will be offset against your celebration - otherwise it will remain in the house - must then be paid within 7 days in cash/ec-card or by bank transfer. Only then is the date bindingly reserved for you. The costs listed in the service provider list apply to all celebrations/caterings. 

 

6 Landhaus Marienstein is entitled to assign the reserved service to another party if the option is not exercised in good time. 

 

7. if the customer is not also the organiser, or if he orders at the expense of another person, both are liable as joint and several debtors. As the organiser/orderer of a party/event, you are personally liable for any damage caused by your guests or other booked service providers, or are liable to pay compensation. 

That any leftover food cannot be taken away for legal reasons. That we accept no liability for any decorative items, gifts or similar items brought along. We accept no liability for any decorations, gifts or similar items. That decorative items must be collected within 48 hours and the property must be returned to ‘as found’ condition.

We accept no liability for food (e.g. cakes, gateaux) which you have delivered by another service provider.  

We accept no liability for food (e.g. cakes, gateaux) that you have delivered by another service provider, even if they are served on our premises.

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8. invoices are generally due upon receipt in cash or by ec-card and without discount.In the event of late payment, Landhaus Marienstein is entitled to charge interest on arrears at a rate of 5% above the discount rate of the Deutsche Bundesbank, unless a different amount of damage caused by default is proven. 

The contractual partner may only offset counterclaims against the Hotel Landhaus Marienstein to the extent that his claims are undisputed or have been legally established. We charge a fee of €10 for reminders

 

If a guest does not accept contractual services that he has ordered or reserved in advance, he remains liable to pay the agreed price,

he remains obliged to pay the agreed price in the following amount: for restaurant bookings, events such as: brunch, Valentine's Day, Sunday roast, ‘FCT’ or menu/buffet bookings as well as

for hotel rooms up to the number 3:

- Cancellation between the 42nd and 15th day before the agreed service period 

30 % of the agreed services will be charged, 

- Cancellation between the 14th and 8th day before the agreed service period: 50% of the agreed services, 

- Cancellation between the 7th day and up to 48 hours before the agreed service period: 80% of the agreed services, 

- thereafter 100% of the agreed services are due immediately!

Guests travelling on business who book from one week to the next and have to cancel the room

the room due to postponement, we will charge a cancellation fee of € 0,-. 

if a new booking is made immediately within the next 2 months.

  

for hotel rooms from a number of 4 and more:

- Cancellation between the 90th and 60th day before the agreed service period 

30% of the agreed services will be charged, 

- Cancellation between the 59th and 29th day before the agreed service period: 60% of the agreed services, 

- Cancellation between the 28th and 3rd day before the agreed service period: 80% of the agreed services, 

- Cancellation within 48 hours and less before the agreed service period: 100% of the agreed services will be charged. (Remember to take out travel or party insurance!)

 

 

For celebrations for the exclusive use of the restaurant, conferences, events provided by us and also      

booked outside our property/catering or similar:

             

Cancellations must be received by us at least 50 weeks before the start of the event. Until

cancellation is free of charge up to this time. In the event of cancellations at shorter notice

we are entitled to reasonable compensation for the arrangements made (e.g. cancellations for further 

 

cancellations for further enquiries on the same date) and 

in particular for the reservation of the premises, event rooms, detailed planning

to demand compensation. If no equivalent event takes over the agreed date, 

the flat-rate cancellation costs are...,

for cancellations between 50 and 32 weeks before the date of the event, 50% of the agreed fixed

of the agreed fixed service, 

in the event of cancellation between 32 and 16 weeks before the date of the event, 100% of the fixed

of the agreed fixed service,

in the event of cancellation between 16 and 8 weeks before the date of the event, 100% of the fixed 

agreed service plus 20% of the minimum drinks consumption of €30 per person.

in the event of cancellation less than 8 weeks before the event date, 100% plus 40% of the minimum beverage consumption of

of the minimum drinks consumption of € 30 per person.

A processing fee of € 39.00 will be charged for cancellations. Production of copies of invoices: € 7.50.

              

9. objects or materials left in generally accessible rooms of the Landhaus Marienstein, in the technical rooms of the Landhaus Marienstein and in the conference rooms are not considered to have been brought in if they have not been expressly taken into custody by an authorised person. Valuables can be deposited at reception. For this purpose, a special safekeeping agreement must be concluded with an authorised person. Furthermore, liability for valuables and materials not deposited is only limited to those items and materials brought in by the person authorised under the accommodation contract. The scope of liability of Landhaus Marienstein is limited to a maximum of €3000 within the scope of strict liability under §§ 701 ff BGB. The hotel is only liable for all items brought into conference and meeting rooms by the organiser and their responsible persons if fault can be proven.

 

10. the consumption of food and drinks brought into the generally accessible areas of Landhaus Marienstein/ Grundstück & Terrassen is prohibited. 

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11. if the business operations or the safety of Landhaus Marienstein or its guests are jeopardised by a contractual partner, Landhaus Marienstein may terminate the contract. This also applies in the event of force majeure and other unforeseeable, extraordinary circumstances for which the Landhaus Marienstein is not responsible, if this makes it impossible, unreasonable or of no interest to the contractual partner. 

 

12. if the organiser of events is a political or ideological group, the effectiveness of the contract also requires the approval of the management. If the organiser fails to disclose to Landhaus Marienstein that he represents such a group, the contract is suspended. Landhaus Marienstein then has the option of cancelling the contract without notice. In this case, the organiser is obliged to reimburse all expenses incurred. 

 

13. the contractual partner is obliged to report any defects to Landhaus Marienstein immediately so that we have the opportunity to rectify them. Claims by the contract partner must be asserted against Landhaus Marienstein within 2 weeks of the contractually agreed end of the service provision. After expiry of the deadline, the contractual partner can only assert claims if he has been prevented from complying with the deadline through no fault of his own. Claims of the contractual partner expire after 6 months. The limitation period shall commence on the day on which the provision of services under the contract should have ended. If the contractual partner has asserted claims against Landhaus Marienstein, the limitation period is 

The limitation period is suspended until the day on which Landhaus Marienstein rejects the claims in writing. 

 

14. place of fulfilment and jurisdiction is Plauen/Vogtland 

Owner Claudia Straubel 

Country House Marienstein

Thomas-Müntzer-Str.9

08239 Bergen 

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