TERMS & CONDITIONS

 

1. GENERAL

The following Terms & Conditions apply to contracts for the rental of rooms and apartments for accommodation, and all further services and deliveries provided for guests in connection with this by the Hotel Fregehaus, which is owned by Sabine Fuchshuber (hereinafter referred to as: Hotel Fregehaus).

 2. CONTRACT CONCLUSION

1. a) The contract between the guest and Hotel Fregehaus shall take effect once the guest’s oral or written request is accepted by Hotel Fregehaus.

b) Hotel Fregehaus can confirm the acceptance to the guest in writing (confirmation of reservation by post, fax or email); it is, however, under no obligation to do so.

c) The conclusion of the contract shall oblige the contracting parties to fulfil the contract.

2. By sending the request, the guest accepts the Terms & Conditions (T&C) of Hotel Fregehaus. The Terms & Conditions are enclosed with any confirmation of reservation, are available for inspection at the Hotel Fregehaus and can be viewed at www.hotel-fregehaus.de.

 3. ROOM USE, ROOM HANDOVER, DEPARTURE

1. Rooms are made available exclusively for accommodation purposes.

2. a) Hotel Fregehaus is not obliged to have a specific room available, unless the parties have expressly agreed this.

b) Should rooms ordered not be available, for whatever reasons, Hotel Fregehaus shall also be entitled to arrange an equivalent replacement outside the hotel, to the extent that this is reasonable.

3. Any subletting of the rooms and apartments provided as well as their use for purposes other than accommodation are subject to the prior express and written consent of Hotel Fregehaus.

4. Hotel Fregehaus has the right to access all rooms of the hotel in order to maintain the orderly occupancy and cleanliness of the rooms.

5. a) Reserved rooms and apartments shall be available to guests from 3 p.m. on the day of arrival and until 11 a.m. on the day of departure.

b) Unless a later arrival time has been expressly agreed or a security has been provided by the guest (e.g.: credit card number, prepayment, etc.), in order to minimise loss Hotel Fregehaus shall be entitled to allocate booked rooms and apartments to other parties after 7 p.m.

c) If the guest continues to use the room after the agreed deadline (11 a.m. on the day of departure), Hotel Fregehaus shall be entitled to charge the guest the following usage fee: Late check-out costs €25 before 1 p.m. and €50 before 3 p.m. For late check-outs after 3 p.m., the full room rate for the extra night will be charged. This shall not give rise to any contractual claims on the part of the guest. The guest shall be free to prove that Hotel Fregehaus has no or a lower claim to a usage fee. This shall not apply if the parties have made a deviating agreement in written form before exceeding the period of use.

 

4. SERVICES, PRICES, PAYMENT

1. a) The accommodation rates and the prices for other services of Hotel Fregehaus result from the contractual agreement and/or the current price list of Hotel Fregehaus. All prices are in euros and include VAT. They do not include local levies, e.g. visitor’s taxes.

b) Any costs for third-party services arranged by Hotel Fregehaus must be paid by the guest directly to the third party.

2. Hotel Fregehaus may update its price list at any time. The updated prices shall replace the previously valid prices and become part of this contract.

3. All invoices issued by Hotel Fregehaus are due for payment immediately upon receipt. Payment must be rendered by no later than the day of departure. In the event of default in payment, the statutory regulations shall apply.

 5. WITHDRAWAL FROM THE CONTRACT (CANCELLATION)

1. The guest may withdraw from the contract (changes or cancellations) if a corresponding right of withdrawal has been contractually reserved, a statutory right of withdrawal exists or Hotel Fregehaus expressly agrees to a withdrawal from the contract.

2. The guest and Hotel Fregehaus may agree on a date until which the guest can withdraw from the contract free of charge.

3. a) If a date pursuant to Section 4.2. is not agreed or if it has passed, there is also no statutory right of withdrawal or termination, and if Hotel Fregehaus does not agree to cancel the contract, the guest shall be required to pay Hotel Fregehaus the contractually agreed price.

b) Rooms may be cancelled free of charge up to 14 days before arrival. Cancellations at short notice and no-shows will be subject to a charge of between 80% and 100% of the room rate. The guest shall be free to prove that Hotel Fregehaus has suffered no or substantially less damage.

4. Hotel Fregehaus shall be entitled to withdraw from the contract in the following cases:

• the guest fails to make an advance payment and/or provide security despite agreement and the setting of a deadline;
• force majeure or other obstacles which render the service owed by Hotel Fregehaus impossible;
• the guest culpably provides misleading or false information when booking or conceals essential information, e.g.: identity of the guest, type/purpose of use, solvency etc.;
• unlawful purpose or type of use;
• violation of Section 3.3.

If Hotel Fregehaus is entitled to withdraw from the contract, the guest shall not be entitled to any claims for damages.

 6. LIABILITY CLAIMS, LIMITATION PERIOD

1. Guests shall not be entitled to any claims for damages. This shall not apply to damage to life, limb or health or to damage caused intentionally or through gross negligence by Hotel Fregehaus, its owner or parties it uses to perform its obligations, or to damage caused by the intentionally or grossly negligent violation of typical contractual obligations by Hotel Fregehaus, its owner or parties it uses to perform its obligations.

2. Hotel Fregehaus expressly excludes any liability for goods left behind, unless Hotel Fregehaus acts with intent or gross negligence. The same applies in the event of loss or damage to objects brought in by the guest and/or third parties.

3. For all claims for damages asserted against Hotel Fregehaus which are not based on intent or gross negligence or not excluded, the liability of Hotel Fregehaus shall be limited to three times the agreed price.

4. Claims for damages against Hotel Fregehaus shall become statute-barred one year after the start of the statutory limitation period, unless they are excluded or are based on intent or gross negligence on the part of Hotel Fregehaus, its owner or parties it uses to perform its obligations.

5. Hotel Fregehaus shall assume no guarantee or liability for external services.

6. The guest shall be liable for all damages caused by themselves or by third parties who have received the services of Hotel Fregehaus at their instigation. Faults with the technical facilities provided shall be rectified immediately wherever possible. It shall not be permitted to withhold or reduce payment obligations due to such faults.

7. Hotel Fregehaus is a non-smoking hotel. The use of fire and naked flames is strictly forbidden. The hotel’s fire alarm system is directly connected to the fire brigade. Any costs arising from the fire brigade being deployed due to reckless behaviour shall be charged to the person responsible (the guest).

 7. DATA PROTECTION

Any personal data provided to Hotel Fregehaus will be electronically processed, stored and passed on within the scope of the purpose of the contract. Data will not be passed on for other purposes. Personal data is protected in accordance with the provisions of the Federal Data Protection Act.

In addition, the statutory data protection regulations are complied with during data collection. Further details are set out in the privacy policy to which we refer you.

 8. CONTRACT LANGUAGE, PLACE OF JURISDICTION, MISCELLANEOUS

1. The contract language is German. German law shall apply. The place of performance is the Hotel Fregehaus premises.

2. The place of jurisdiction for merchants, for persons who do not have a general place of jurisdiction in Germany and for persons who have moved their domicile or place of habitual residence abroad after conclusion of the contract, whose place of habitual residence at the time when the action is filed is not known, and for pending actions as defendant, is the location of Hotel Fregehaus, Leipzig.

3. Hotel Fregehaus reserves the right to change the Terms & Conditions with future effect at any time, without any obligation to inform the guest of such changes.

4. a) Changes and/or additions to the contract and/or these T&C must be made in writing. Verbal agreements or ancillary agreements do not apply.

b) Should individual provisions of these Terms & Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The statutory provisions apply.

 

In addition, the following applies:

General Terms and Conditions
for the use of the Lodgit Online Booking System by guests

effective as of 01/15/2019

1. Scope

These general terms and conditions are in effect for self-bookings via the Lodgit online booking system, which can either be accessed through Lodgit.com or through lodging establishments' websites in which the system has been integrated.

2. Contractual relationship with the operator of the Lodgit online booking system

a) The provider of the Lodgit online booking system is the company named Lodgit Hotelsoftware GmbH, Industriestr. 85-95, 04229 Leipzig, Germany. Further provider data: VAT ID number DE180664615, telephone +49 341 420 6944, fax +49 341 4783 9020, managing director Dr. Dirk Bockelmann, German Commercial Register: Amtsgericht Leipzig HRB 30141. There are no agencies in other member countries of the EU or elsewhere in the world.

b) Lodgit offers you, the guest, the opportunity to book (travel-related) services from third parties through the Lodgit online booking system. Lodgit offers no own services directly relevant to travel and accommodation. Upon effectuating a booking, the only arising contractual relationship is hence a brokerage agreement upon which the provision contained within Article 651a et seq. of the German Civil Code (BGB) do not apply.

3. Booking
a) Each booking is forwarded to the respective lodging establishment as a communicating messenger in your name.

b) The brokerage carried out by the Lodgit online booking system is free of charge for the guest. The resale of accommodations booked through the Lodgit online booking system is hence prohibited. Furthermore, the further brokerage of contingents of accommodation to third parties and at higher prices than those offered through the Lodgit online booking system also forbidden. Lodgit reserves the right to disable customer access in case of transgression. The cession or sale of the claim against the lodging establishment is unacceptable. The lodging establishment is entitled in such a case to cancel the booking, especially if the guest supplied fallacious information concerning the type of the booking or payment when ceding or selling to the third party.

4. Contract and payment
a) The contract governing the respective service is immediately enabled between you and the lodging establishment of your choice upon carrying out the booking. The price for the accommodation and additional services, as the case may be, which is confirmed in the Lodgit online booking system is to be paid directly to the lodging establishment. The special payment methods that may be offered in the Lodgit online booking system such as PayPal or Moneybookers directly forward the payment to the lodging establishment, should the latter have concluded a separate agreement with these payment processors. All claims and duties arising from the accommodation contract, especially any claims and duties provided by Article 651a et seq. of the German Civil Code (BGB), exist directly and exclusively between the booker and the chosen lodging establishment.

b) The reservation of the accommodation comes into effect upon booking and is valid without booking confirmation. The booking confirmation appears on screen and can be printed. It is also transmitted to the customer by email. Due to technical uncertainties however, Lodgit is not in a position to verify the delivery of the email confirmation. This does not affect the validity of the booking.

5. Booking guarantee
a) The booking guarantee will be maintained in effect by the lodging establishment until the day of arrival as well as through to entire following night. In case of a cancellation past the deadline or non-appearance by the guest on the date of arrival agreed upon, the lodging establishment is entitled to the billing of the accommodation costs. Further cancellation conditions are also contained within the establishment's terms and conditions, which are displayed to you along with the present terms and conditions.

b) For package deals and prices attached to specific conditions, the lodging establishment's cancellation conditions are in effect; services from third parties that may be part of the package deal (e.g. tickets for shows) can no longer be cancelled free of charge.

6. Modifications and cancellation
a) In order to avoid misunderstandings, all applications for modifications or cancellations on the part of the customer shall be directly addressed to the lodging establishment. The decisive criterion for the punctual modification or cancellation is the receipt of the request by the respective lodging establishment.

b) In the case of a timely cancellation, you will receive a confirmation of cancellation from the respective lodging establishment. In the case of a cancellation past the deadline, the customer will receive a notification by the lodging establishment, whether a cancellation is still possible or not. The establishment then decides how high a cancellation fee it will charge. In the case of premature departure of the premises, the lodging establishment is entitled to charge for losses that it may have incurred.

7. Establishment ranking and data
The internationally widespread star ranking offers a nonbinding indication of the lodging establishment's standards. The star ranking displayed here originates from the lodging establishment's self evaluation, which may be verified by the Lodgit online booking system according to its own evaluation system, as well as reviews collected from guests. Additional data and descriptions of the lodging establishment originate from information supplied by their operator.

8. Contractual agreement on unit prices
a) All prices of the Lodgit online booking system represent the unit prices agreed upon in contract and are in effect for all bookings carried out through the Lodgit online booking system.

b) The booking is carried out to the respective current day price available for the selected data in the Lodgit online booking system. Available last minute, seasonal, weekend or otherwise special prices are calculated automatically upon booking. The binding unit prices are guaranteed by the lodging establishments for each booking.

c) Varying price units may be given for the accommodations offered in the Lodgit online booking system. These may be calculated per unit, per night or per week and a may depend in part on the number of guests (such as in the case of holiday apartments). Furthermore, the prices may include some additional services such as breakfast, but extras can also be booked along manually. The lodging establishments are required by law and by the operator of the Lodgit online booking system to display the respective total price including taxes. The price displayed however is provided solely by the renting lodging establishment. Please notify us in case of discrepancies. Taxes and other levies due on the prices from foreign lodging establishments are calculated depending on the respective local conditions. The prices for lodging establishments located in Germany always include the statutory value added tax.

9. Privacy policy
The information supplied by the customer will be electronically processed by the Lodgit online booking system. This information will all only be passed on within the scope of the necessary handling required for booking. Any other sharing of information will only happen as long as the customer has given permission to do so. As a matter of fact, the legal data protection provisions are abided by during data processing. This means that your personal data is usually kept for up to 60 days after your stay. Lodgit will not share your information with any third party or otherwise use it without your explicit consent. If information is collected and passed on for the sake of statistics, none of it will contain any personal data.

10. Miscellaneous
All data has been compiled with the greatest care. However, the liability can be assumed for mistakes made during data entry or data transmission. Borrowing data and placing it on other media, even if only in part, or the use of it to other ends than those meant here, is only allowed with explicit permission from Lodgit.

German law is in effect. The place of fulfillment is Leipzig. In a case of merchants or individuals who do not have a general German legal domicile, Leipzig is agreed upon as legal domicile. In any other case, the legally provided legal domicile is in effect.

The use of the pages of the Lodgit online booking system as well as their content is only allowed for the individual query of accommodation bookings. Automated queries are not permissible. We shall also like to mention, that our data material is protected by copyright and that its reproduction is forbidden (especially by means of automated so called scraping). Particularly inadmissible is the use of our data material (especially search results) with the goal of further brokerage.

Links to the websites of other businesses (third party providers) are all only displayed on this website in the interest of the user. If you click on one of these links, you leave the web site of the Lodgit online booking system.

We have no influence on the content of the websites of third party providers. As such, we cannot accept any liability for this foreign content. A permanent and constant supervision of the contents of the linked websites without any indication of a violation of the law is deemed unacceptable. We will remove the infringing links as soon as such a violation is discovered.

Accessing the web site of the third party provider by clicking on a link on this website is carried out at the user's own risk and responsibility.

The lodging establishment carries the responsibility that his terms and conditions with the guest do not collide with the present terms and conditions. Should this inadvertently be the case, the lodging establishment guarantees the unlimited validity of the present terms and conditions with regards to the guest.