Terms and Conditions

I. SCOPE OF APPLICATION
1. These General Terms and Conditions (GTC) apply to all contracts between the owners of the Schneeganserhof (hereinafter referred to as the "Operators") and the contracting party (hereinafter referred to as the "Guest") regarding the provision of all services related to the Guest Accommodation Contract—specifically, the rental of residential units for accommodation purposes. The term "Guest Accommodation Contract" encompasses and supersedes the term "Accommodation Contract."

2. The GTC of the Schneeganserhof apply exclusively. Deviating, conflicting, or supplementary agreements shall not become part of the contract—even if the Operators are aware of them—unless their applicability has been expressly agreed to in writing.

3. The subletting or further renting of the provided residential units, as well as their use for purposes other than accommodation, requires the prior consent of the Operators in text form; in this regard, Section 540, Paragraph 1, Sentence 2 of the German Civil Code (BGB) is hereby waived, insofar as the Guest is not a consumer within the meaning of Section 13 BGB.

II. CONCLUSION OF CONTRACT
1. The contract between the Operator and the Guest is concluded only when the Operator accepts the Guest's offer to enter into a guest accommodation agreement. The Operator is at liberty to confirm the booking of the accommodation units in writing. As a general rule, the offer is accepted in text form by means of a booking confirmation. Prior to the Guest taking occupancy of the accommodation unit, a guest accommodation agreement signed by both parties must be on file.

2. The contracting parties are the Operator and the Guest. If a third party has made the booking on behalf of the Guest, that third party shall be jointly and severally liable to the Operator—together with the Guest—for all obligations arising from the guest accommodation agreement, provided that the Operator is in possession of a corresponding declaration from said third party.

3. The accommodation of animals of any kind is permitted only by virtue of an express written agreement.

4. As a general rule, all claims against the Operator shall become statute-barred one year from the statutory commencement of the limitation period. This provision shall not apply to claims for damages or to other claims insofar as the latter are based on an intentional or grossly negligent breach of duty by the Operator.

III. SERVICES / PRICES / PAYMENT
1. The Operator is obliged to make available the accommodation units booked by the Guest and to provide the agreed services. Information contained in brochures, on the website, as well as other descriptions of services and properties—particularly those found on relevant online platforms—shall form part of the contract only insofar as their content has been expressly agreed upon between the Operator and the Guest.

2. The Guest is obliged to pay the prices agreed upon or currently applicable—as set by the Operator—for the use of the accommodation units and for any additional services utilized by the Guest.

3. The agreed prices include the applicable statutory Value Added Tax (VAT). Local levies—which, pursuant to applicable municipal law, are payable directly by the Guest (e.g., visitor's tax)—are not included. In the event of a change to the statutory VAT rate, or the introduction, modification, or abolition of local levies applicable to the subject matter of the service after the contract has been concluded, the prices shall be adjusted accordingly. Insofar as the Guest qualifies as a consumer within the meaning of Section 13 of the German Civil Code (BGB), a price adjustment by the Operator shall be permissible only if the period between the conclusion of the contract and the fulfillment of the service exceeds four months.

4. Following the conclusion of the contract, the Operator may make its consent to a reduction requested by the Guest—specifically regarding the scope of the booked accommodation units (in terms of both duration and number of units) or other services—contingent upon an increase in the price for the accommodation units or other services ultimately required from the Operator.

5. Invoices issued by the Operator are due for payment immediately upon receipt, without deduction. If payment by invoice has been agreed upon, payment—subject to any deviating agreement—must be made within 10 days of receipt of the invoice, without deduction. Should the Guest fall into arrears, the Operator’s claim for default interest shall be governed by statutory provisions. The Operator expressly reserves the right to claim damages in excess of such interest.

6. The Operator reserves the right to require a reasonable advance payment or other form of security—for example, in the form of a credit card guarantee—as a condition for concluding the contract. The amount of the advance payment and its due date shall be subject to specific agreements set forth in the contract. In the case of advance payments or security deposits for package tours, statutory provisions shall remain unaffected. Following the conclusion of the contract, and in justified cases prior to the commencement of the Guest’s stay—particularly in the event of payment arrears on the part of the Guest, or in the event of an expansion of the agreed services—the Operator is entitled to demand an advance payment or other form of security in accordance with the foregoing provisions.

7. The foregoing applies correspondingly to the increase of a prepayment already made, or of other security deposits, up to the full amount of the total price payable. Likewise, the Operator is entitled to demand a prepayment or other security deposits during the Guest’s stay to cover existing or future claims arising from the contractual relationship, provided that this has not already been effected in accordance with the preceding provisions.

8. In the event of payment default by the Guest, the statutory provisions shall apply.

9. The Guest may only set off or offset claims against claims of the Operator if such claims are undisputed or have been finally adjudicated.

10. The Guest consents to the invoice being transmitted to them by electronic means.

IV. GUEST WITHDRAWAL / CANCELLATION TERMS
1. A contractual right of withdrawal for the Guest exists only if such a right has been expressly agreed upon in writing or in text form within the contract itself, or as evidenced by the content of the booking confirmation. In all other respects, the Guest's right of withdrawal shall be governed by statutory provisions.

2. If a specific deadline for free withdrawal from the contract has been agreed upon between the Operator and the Guest, the Guest may withdraw from the contract up until that deadline without incurring any payment obligations or liability for damages toward the Operator. The Guest's right of withdrawal shall expire if the Guest fails to exercise this right vis-à-vis the Operator in text form by the agreed deadline.

3. Insofar as the Guest possesses no contractual right of withdrawal, or in the event that the Guest's declaration of withdrawal is not submitted within the stipulated time limit, the Operator shall nevertheless retain the right to claim payment of the agreed prices or remuneration, even if the Guest fails to utilize the agreed services. However, the Operator must credit against this claim any revenue generated from the alternative utilization of the services—specifically, the rental of the accommodation units to other guests—as well as any expenses saved by the Operator. In the event that the accommodation units booked by the Guest cannot be rented out to other parties, the Guest shall be obliged—by way of a lump-sum calculation of saved expenses—to pay the cancellation fees detailed in Section IV, Number 4 below.

4. Unless otherwise agreed upon in text form or in writing, the following terms shall apply to the booking of an accommodation unit:

Cancellation Policies:
• Up to 4 weeks prior to the scheduled arrival date, accommodation units may be cancelled free of charge. For bookings made during the peak season, the apartment may be cancelled free of charge up to 7 weeks prior to the scheduled arrival date.
• From 4 weeks up to 7 days prior to arrival, 50% of the total package price is payable.
• Within the last 7 days prior to the scheduled arrival date, or in the event of a no-show, 90% of the total package price is payable.
• For bookings made during the peak season, the apartment may be cancelled free of charge up to 7 weeks prior to the scheduled arrival date.

5. The guest is entitled to provide evidence demonstrating that the aforementioned claim did not arise, or did not arise to the extent claimed.

6. Services provided by third parties or special services (e.g., flowers, cakes, etc.) that become unusable as a result of the cancellation must be paid for in full by the customer.

7. Should the guest be unable to keep their scheduled travel date due to official entry bans or quarantine orders (including upon return from the booked destination country) arising from COVID-19 or similar global pandemics, the guest shall be entitled to cancel their accommodation unit free of charge, irrespective of the tiered cancellation fees set out in Clause 4. However, the guest must be able to provide evidence demonstrating that travel (or entry) is, for the aforementioned reasons, objectively impossible in reality. Mere personal concerns on the part of the guest, or official recommendations to refrain from tourist travel, do not constitute grounds for a right to cancel free of charge.

V. WITHDRAWAL BY THE OPERATOR
1. If it has been agreed that the Customer may withdraw from the contract free of charge within a specific period, the Operator is, for its part, entitled to withdraw from the contract during this period if inquiries from other guests regarding the contractually booked accommodation units are received and the Customer, upon inquiry by the Operator—subject to a reasonable deadline—does not waive their right of withdrawal. This applies *mutatis mutandis* in cases where an option has been granted, provided that other inquiries are received and the Customer, upon inquiry by the Operator—subject to a reasonable deadline—is not prepared to make a firm booking.

2. If an advance payment or security deposit agreed upon or requested pursuant to Section III, Number 6 is not made—even after the expiration of a reasonable grace period set by the Operator—the Operator shall be entitled to withdraw from the contract.

3. Furthermore, the Operator is entitled to terminate the contract extraordinarily for objectively justified reasons, particularly in the event that:
• Force majeure or other circumstances for which the Hotel is not responsible exist, rendering fulfillment of the contract impossible;
• Accommodation units or rooms are booked culpably on the basis of misleading or false information, or through the concealment of material facts. Facts deemed material by the Operator include, in particular, the identity of the Guest, their solvency, and the purpose of their stay;
• The Operator has reasonable grounds to believe that the utilization of the services may jeopardize the smooth operation of the business, the safety, or the public reputation of the Operator, provided that such jeopardy is not attributable to the Operator’s own sphere of control or organization;
• The purpose or occasion of the stay is unlawful;
• The Guest, despite a warning from the Operator, violates material contractual obligations—specifically, any applicable house rules or regulations regarding the use of the premises;
• A violation of the aforementioned Section I, Number 3 has occurred.

4. Insofar as, due to ordinances, general administrative orders, or administrative acts aimed at combating or preventing the spread of the coronavirus or similar global pandemics (constituting force majeure), the holiday apartment cannot be operated—either wholly or in part—and cannot be utilized by the Guest, this shall not constitute a breach of duty for which the Operator is responsible. This applies irrespective of the date on which the relevant ordinance was enacted.
Ordinances and general administrative orders applicable to the Operator are promulgated and published by the legislative or administrative authorities. In the event that the Operator is prevented from fulfilling their contractual obligations for the aforementioned reasons, the Operator is entitled—without liability for compensation—to adjust their service offering in accordance with the applicable statutory framework; such adjusted offer may be declined by the Guest only for a compelling reason. If this is not possible or reasonable for the operator—or is unreasonable for the guest—or if it is declined for a valid reason, both parties are entitled to cancel the stay free of charge. If rental operations are prohibited in their entirety, the operator is entitled to offer the guest an alternative travel date. If the parties are unable to agree on an alternative date, both parties are entitled to withdraw from the affected contract free of charge by means of a declaration in text form.

5. In the event of a justified withdrawal by the operator, any claim for damages by the guest is excluded.

VI. ARRIVAL AND DEPARTURE
1. Booked accommodation units are available to the guest from 4:00 PM on the agreed day of arrival. The guest is not entitled to have the unit made available prior to this time, unless expressly agreed otherwise in text form.

2. The guest is obliged to vacate the accommodation units and make them available no later than 10:00 AM on the agreed day of departure. In the event of a late departure, the Operator is entitled to charge 50% of the full list price for use extending beyond the agreed period up to 6:00 PM, and 90% for continued use beyond 6:00 PM. This shall not give rise to any contractual claims on the part of the guest. The guest remains free to provide evidence that the Operator incurred no claim for usage fees, or a significantly lower claim.

VII. LIABILITY OF THE OPERATOR
1. Claims for damages by the Guest are excluded. Exceptions to this exclusion are claims for damages arising from injury to life, body, or health, or from the breach of material contractual obligations (obligations the fulfillment of which is essential to the proper performance of the contract and upon the observance of which the contractual partner regularly relies and may reasonably rely), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the Operator, its legal representatives, or its vicarious agents.

2. In the event of a breach of material contractual obligations, the Operator shall be liable only for the foreseeable damages typical for the contract, provided such damages were caused by negligence; this limitation shall not apply, however, to claims for damages arising from injury to life, body, or health.

3. The limitations set forth in Section VII, Paragraphs 1 and 2 shall also apply for the benefit of the Operator’s legal representatives and vicarious agents, should claims be asserted directly against them.

4. Should any disruptions or defects arise regarding the Operator’s services, the Guest is obliged to inform the Operator thereof immediately—provided the Operator is not already aware of the issue—and to set a reasonable deadline for its rectification. To the extent reasonably possible, the Guest shall assist in remedying the defect or disruption and in minimizing any potential damage.

5. The Operator shall be liable to the Guest for property brought onto the premises in accordance with statutory provisions. A safe is available to the Guest within the vacation apartment for the storage of valuables; the Operator recommends the use of this facility. Should the Guest wish to bring onto the premises cash, securities, or other items exceeding a value of EUR 800.00, or other property exceeding a value of EUR 3,500.00, a separate storage agreement with the Operator is required.

6. The provision of a parking space on the Operator’s premises does not constitute a contract of bailment between the Guest and the Hotel. The Hotel shall not be liable for the loss of or damage to motor vehicles parked or maneuvering on the Operator’s property—including their contents and accessories—except in cases of willful misconduct or gross negligence. The foregoing provisions regarding the exclusion of claims for damages shall apply to the Guest.

VIII. DATA PROTECTION
1. The Operator collects, stores, and processes personal data only to the extent necessary for the fulfillment of contractual relationships with the Guest. To this end, the Operator stores the booking and the Guest’s booking data. In all other respects, the provisions of the Operator’s Privacy Policy shall apply.

IX. FINAL PROVISIONS
1. Amendments and supplements to the contract, the acceptance of the application, or these General Terms and Conditions shall be made in text or written form. Unilateral amendments or supplements are invalid.

2. The place of performance and payment, as well as the exclusive place of jurisdiction—including for disputes involving checks and bills of exchange—shall be the location of the Operator in commercial dealings.
Insofar as the Guest fulfills the requirements of Section 38, Paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the registered office of the Operator shall be deemed the place of jurisdiction.

3. Contracts between the Operator and the Guest shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the rules of conflict of laws.

4. Should individual provisions of these Guest Accommodation Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected thereby. In all other respects, the statutory provisions shall apply.

5. In accordance with its statutory obligations, the Operator draws attention to the fact that the European Union has established an online platform for the out-of-court resolution of consumer disputes (the "ODR Platform"): http://ec.europa.eu/consumers/odr/. However, the Operator does not participate in dispute resolution proceedings before consumer arbitration bodies.