General Terms and Conditions of LTH Resorts GmbH & Co. KG

§1 Scope of application:

These General Terms and Conditions (GTC) apply to all services provided by LTH Resorts GmbH & Co. KG (hereinafter "LTH") or its respective foreign subsidiaries to the guest, the event organizer and other contractual partners (hereinafter "contractual partners"). The services consist in particular of the free use of hotel rooms and other premises for e.g. seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organization of cultural and sporting events and other programs, the implementation of special health-promoting measures or similar offers as well as for all other related services and deliveries by LTH. LTH is entitled to have its services fulfilled by third parties.
These General Terms and Conditions apply to all types of contracts, such as hotel accommodation, package travel, quota, or event contracts, concluded with LTH. These General Terms and Conditions also apply to all future transactions with the contractual partner.
The contractual partner's general terms and conditions shall not apply, even if LTH does not expressly object to them. Counter-confirmations by the contractual partner referring to its general terms and conditions are hereby rejected.

Sec. 2 Conclusion of contract

The respective contract is generally concluded upon the contractual partner's oral or written request and upon LTH's acceptance. LTH reserves the right to accept the request in writing, verbally, in text form (email, fax), or conclusively by providing the service.
If the contractual partner concludes a so-called contingent contract, the contractual partner is liable for all damages culpably caused by the end user.
Subletting, reletting, or the free use of the rooms provided by third parties, as well as use for purposes other than accommodation, is only permitted with LTH's express permission. LTH may, at its sole discretion, grant a written exception upon request.
HLR is not bound by a booking confirmation if it is based on an electronic offer that is based on a technical error.
If it has been agreed in writing that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall also be entitled to withdraw from the contract within this period.
Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if - force majeure or other circumstances beyond the hotel's control make the fulfilment of the contract impossible - contractually agreed advance payments are not met - technical problems existed on the part of the hotel or third-party providers at the time of the customer's online booking.
The justified withdrawal of the hotel does not give rise to any claim for damages on the part of the customer.

§3 Room use, room handover, departure

The rooms are provided solely for accommodation purposes.
The contractual partner shall be liable to LTH for all damages caused by him or by third parties who receive LTH’s services at his instigation.
The contracting party has no right to use specific rooms. Should rooms become unavailable at the hotel, LTH will inform the contracting party immediately and offer an equivalent alternative in a nearby hotel of the same category. If the contracting party refuses, LTH shall immediately reimburse the contracting party for any services rendered.
Booked rooms are available to the contracting party from 16 p.m. on the day of arrival. Unless otherwise agreed, LTH reserves the right to reassign booked rooms after 18 p.m. without the contracting party being able to derive any rights or claims from this.
Rooms must be vacated by 10:30 a.m. on the day of departure at the latest. After that, LTH may charge the daily room rate for any additional use of the room until 16:00 p.m., in addition to any resulting damages. After that, LTH may charge 16% of the full room rate (list price).

§4 Events, Food

To enable LTH to prepare thoroughly, the contractual partner must notify LTH of the final number of participants at least three days before the start of the event. If the contractual partner notifies LTH of a higher number of participants than agreed, this higher number will only become part of the contract if LTH agrees to it in writing. If LTH does not agree in writing, the contractual partner is not entitled to hold the event with a higher number of participants. If LTH agrees, invoicing will be based on the new agreement (possibly with additional expenses). The contractual partner has no right to consent. Invoicing will be based on the contractual agreements regardless of the notification of the number of participants. If fewer participants actually attend the event, this is irrelevant for invoicing.
If the agreed start date of the event is postponed, LTH shall be entitled to invoice the contracting party for all additional costs incurred as a result.
Reserved rooms are available to the contracting party only within the period agreed upon in writing. Use beyond this period requires LTH's written consent and is generally only permitted for an additional fee. Room changes are reserved, provided that these are reasonable for the contracting party, taking LTH's interests into account.
For events that extend beyond midnight, LTH may charge €50,00 plus VAT per booked service staff member and per hour or part thereof. The contractual partner is liable to LTH for additional services provided to event participants or to third parties in connection with the event.
The contracting party must obtain all official permits at its own expense, unless expressly agreed otherwise in writing. The contracting party is responsible for complying with all relevant (regulatory) legal requirements. Any fees payable to third parties for the event, such as GEMA fees, entertainment tax, etc., must be paid by the contracting party to the creditor immediately.
The contractual partner is liable for the conduct of its employees, event participants, and other auxiliary personnel, just as for its own conduct. The hotel may require the contractual partner to provide appropriate security (e.g., insurance, deposits, guarantees).
To prevent damage, the installation and placement of decorative materials or other objects must be coordinated with LTH in advance. Any exhibits or other objects brought into the event must be removed after the event. If the contracting party fails to comply with this regulation, LTH reserves the right to remove them and store them for a fee. Transport packaging, outer packaging, and all other packaging materials brought into the event must be disposed of by the contracting party at their own expense. Disposal may be subject to a fee if the contracting party leaves the packaging behind after the event. All objects brought into the event, such as decorative materials, must comply with all applicable regulations.
LTH does not provide insurance coverage for items brought into the rental facility. Obtaining the necessary insurance is the sole responsibility of the contracting party.
Malfunctions or defects in equipment provided by LTH will be remedied to the extent possible. The contractual partner may not derive any claims in this regard.
If the contracting party brings its own electrical equipment, approval from the hotel management is required before connecting it to the power grid. The electricity consumption will be calculated according to the applicable supply and operating rates charged to LTH by the utility company. LTH reserves the right to determine a flat-rate recording and billing method. Any malfunctions or defects in LTH's technical equipment that occur due to the connection are the responsibility of the contracting party.
If LTH procures technical or other equipment from third parties for the contractual partner, LTH acts in the name and for the account of the contractual partner; the contractual partner is liable for the careful handling and proper return of these equipment and indemnifies LTH against all claims by third parties upon first written request. LTH's liability for late procurement or defectiveness of the procured equipment is excluded.
The contracting party is generally not permitted to bring food and beverages to the event. In special cases (e.g., national specialties, etc.), a written agreement may be made; in such cases, a general overhead fee will be charged, less the proportionate cost of the goods.
Newspaper advertisements containing invitations to job interviews or sales events generally require LTH's prior written consent. If a publication occurs without consent, LTH reserves the right to cancel the event.
Any type of advertising, information or invitations that make reference to the hotel, particularly through the use of the hotel name, requires the prior consent of the hotel.
In case of allergies, lactose intolerance, etc., please contact us in advance – changes may incur an additional charge depending on the effort involved.

§5 Provision of services, prices, payments, offsetting and assignment

The prices for the respective services are determined according to LTH's price list valid at the time the service is provided. All prices include the currently applicable statutory value-added tax. Increases in value-added tax are borne by the contractual partner. If the period between conclusion of the contract and the first contractual service exceeds 120 days, LTH reserves the right to increase prices by up to a maximum of 15%. Subsequent changes to the services may lead to price changes. LTH is entitled to request an advance payment or security deposit of up to 100% of the contractual partner's total payment obligation from the contractual partner upon conclusion of the contract. The amount of the advance payment and the payment dates can be stipulated in the contract.
If the contractual partner has booked during a period in which a trade fair, major event, or other event is taking place and such an event is postponed after conclusion of the contract for reasons beyond LTH's control, this contract shall apply to the new period if LTH is able to provide the agreed services at that time. LTH will inform the contractual partner within a reasonable period of time whether it can fulfill its management obligation. If the service cannot be provided, particularly if the booked rooms have already been rented to third parties for the new period, the parties may withdraw from the contract without stating reasons. The assertion of claims against the other party is excluded. This does not apply to services already provided. These must be refunded or compensated.
LTH's payment claim is due immediately upon receipt of the respective invoice without any deductions. An invoice is deemed to have been received by the invoice recipient no later than three days after dispatch, unless earlier receipt can be proven. In the event of late payment, the statutory provisions apply.
The issuance of a single invoice does not release the customer from the obligation to pay individual invoices on time. Delay in payment of even a single invoice entitles LTH to reclaim all further and future services and to make the fulfillment of services dependent on a security deposit of up to 100% of the outstanding payment.
A reminder fee of €10,00 is due for each reminder. Invoices must be paid immediately in cash or by credit card. LTH reserves the right to refuse foreign currency, checks, and credit cards. Vouchers from tour operators are only accepted if a credit agreement exists with the company in question or if appropriate advance payments have been made. Refunds for unused services are excluded.
The contractual partner may only offset a claim against LTH's if its claim is undisputed or legally established. This applies mutatis mutandis to the exercise of a right of retention due to the contractual partner's own claims. Claims and other rights may only be assigned with LTH's written consent.
Massage cancellations: Massage appointments can be canceled free of charge up to 24 hours before the scheduled appointment. The hotel reserves the right to charge 24% for cancellations received less than 100 hours before the appointment.
The local tax is exclusive and is paid in cash on site. Fees vary according to the regulations established by the municipality of Oberstaufen.
You are welcome to bring your dog to our hotel. Please note the additional provisions in this PDF.

§6 Cancellation of services

1. Reservations made by the contracting party are binding for both contracting parties. In the event of cancellation by the contracting party, the contracting party shall pay the following compensation.

a) no compensation if the written cancellation is received by LTH up to 7 days before the start of the service period.
b) Compensation amounting to 50% of the value of the ordered service if the written cancellation is received by LTH 6 days before the start of the service period.
c) Compensation amounting to 80% of the value of the ordered service if the written cancellation is received by LTH 3 days before the start of the service period.
d) Compensation amounting to 90% of the value of the ordered services if the written cancellation is received by LTH less than 3 days before the start of the service period.
e) Special cancellation conditions apply during the Christmas and New Year periods. Free cancellation is guaranteed 16 days prior to arrival. From 15 days prior, a cancellation fee of 50% of the tour price applies, as do the applicable conditions under sections b, c, and d above.

The contractual partner is entitled to provide evidence that LTH’s damages do not exist or are less.
If LTH is able to provide the cancelled service to third parties within the agreed period, the contractual partner's compensation shall be reduced by the amount paid by these third parties for the cancelled service, up to a maximum of the total compensation being waived.
If you plan to travel from a region that has been declared a coronavirus risk area, you can postpone your stay free of charge and receive a voucher. For daily travel restrictions, please refer to the latest updates from the Federal Foreign Office. https://www.auswaertiges-amt.de/de/ReiseUndSicherheit/covid-19/2296762

§7 Withdrawal / Termination LTH

1.LTH is entitled to withdraw from the contract (§ 323BGB) or to terminate the contract (§ 314) in accordance with the statutory provisions if

a) the contractual partner fails to provide a due service
b) the fulfilment of the contract is impossible due to force majeure, strike or other circumstances beyond LTH’s control
c) the contractual partner provides misleading or false information about essential data
d) the contractual partner uses LTH’s name for advertising purposes without prior written consent.
e) the premises covered by the contract are sublet in whole or in part without the written consent of LTH.
f) LTH has reasonable grounds to believe that the use of the hotel service may jeopardise the smooth running of the business, the safety or the public reputation of LTH.

2. LTH must notify the contractual partner of its right of withdrawal/termination in writing immediately, and no later than 14 days after becoming aware of the reason. Termination of the contract by LTH does not entitle the contractual partner to claim damages or other compensation. LTH's right to compensation for any damages incurred and expenses incurred by it remains unaffected in the event of a justified termination of the contract.

§8 Liability of LTH, items brought in, limitation period

LTH is generally only liable for all legal and contractual claims in the event of intentional or grossly negligent conduct.
Exceptionally, LTH is liable for slight negligence in the event of damage,
a) which are based on the breach of essential contractual obligations. In these cases, liability is limited to foreseeable, typical damages.
b) due to injury to life, body or health.
LTH's liability for consequential or indirect damages is excluded
Exclusions and limitations of liability apply equally to all companies, their subcontractors, and vicarious agents employed by LTH to fulfill its contractual obligations. They do not apply if LTH provides a guarantee for the quality of a product or work or in the case of fraudulently concealed defects.
Despite careful content control, we assume no liability for the content of external links. The content of the linked pages are the sole responsibility of their operators.
There are no supervised personnel present in the gym. Training and use of all sports and leisure facilities is at your own risk.
The contractual partner is obliged to report any noticeable defects to the hotel immediately, at the latest upon departure.
The statutory provisions of §§ 701 ff BGB apply to items brought in by the contractual partner.
Any belongings left behind by the contracting party/guest will only be returned upon request, at the contracting party's risk, and at their expense. LTH will retain the items for 12 months and charge an appropriate fee. After that, the items, if they have any identifiable value, will be handed over to the local lost property office.
All claims of the contractual partner against LTH arising from or in connection with the contract shall become time-barred after one year, beginning at the end of the year in which the claim arose and the contractual partner became aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence.

§ 9 Additional provisions for package travel contracts

If LTH's obligation to provide services includes, in addition to providing board and lodging, the organisation of a leisure programme as a paid service, this constitutes a so-called package travel contract.
The contracting party cannot assert any claims for changes, deviations or reductions in individual services within the framework of a package travel contract that become necessary after the conclusion of the contract if they are merely insignificant.
If the contractual partner does not make use of the agreed and provided services, a reduction or reimbursement of the total fee is not possible.
LTH is not liable for any damages suffered by the contracting party as a result of using a special service provided by a third party. In this regard, the contracting party is referred to the enforcement of its claims against the respective provider of the special service.

§10 Place of performance and payment, place of jurisdiction, ancillary agreements, partial invalidity

1.The place of performance and payment for both parties is the registered office of the respective hotel operation LTH.
2.German law applies.
3.Place of jurisdiction is Immenstadt im Allgäu
4. Should individual provisions of the contract, including these Terms and Conditions, be invalid, this shall not affect the validity of the remaining provisions. The parties shall promptly replace the invalid provisions with valid ones that most closely approximate the intended purpose and economic significance. The same shall apply in the event that any gaps in the contract exist.

§11 Special conditions for vouchers, price discounts, special promotions (e.g. Facebook, Twitter etc.)

1. Vouchers are valid for one year from the date of issue and cannot be redeemed during Christmas and New Year's Eve. Bookings made using these vouchers are subject to space availability. Vouchers, special prices, or prices from special promotions cannot be redeemed for cash and cannot be combined with other vouchers, promotions, or special prices. Errors and changes excepted. Legal recourse is excluded.

Oberstaufen-Steibis