Terms and Conditions

I. Scope

  1. The following terms and conditions apply to all contracts for the rental of hotel rooms, bookings for the tennis camp, admission to the spa area, the sale of vouchers and all additional services agreed with Tennis-Wellnessgarten Waging. The contract language is German.
  2. The subletting or further letting of the rooms provided, and their use for purposes other than accommodation, require the hotel's prior consent in text form; § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is disapplied insofar as the customer is not a consumer.
  3. The customer's general terms and conditions apply only if this has been expressly agreed in advance.

II. Conclusion of contract | Contracting parties | Limitation periods

  1. The customer may make a booking by expressing their intention in writing, verbally or by telephone. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in text form.
  2. The hotel is obliged to provide the contractual services. For areas not typical of the services provided, liability is limited to cases of intent or gross negligence on the part of the hotel.
  3. The contracting parties are the hotel and the person making the booking. If a booking is made for a third party, the contracting parties are liable for compliance with the contractual obligations.
  4. All claims against the hotel are generally time-barred one year after the statutory limitation period begins. Claims for damages are time-barred five years from the date on which the claimant became aware of the claim, unless they relate to injury to life, limb, health or freedom. These claims for damages are time-barred ten years from the date on which they arose, regardless of when the claimant became aware of them. These shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services | Room handover and availability

  1. Hotel Wellnessgarten undertakes to keep the services booked by the customer under the contract available and provide them to the customer.
  2. Booked rooms are available to the customer from 14:00 on the agreed arrival date. The customer is not entitled to earlier access to the room.
  3. On the agreed departure date, rooms must be vacated and made available to the hotel by 11:00 at the latest. After this time, the hotel may charge 50 % of the full accommodation rate (list price) for use of the room beyond the agreed period until 18:00, and 90 % from 18:00 onwards. This does not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel has incurred no claim for a usage fee, or a substantially lower one.
  4. Use of the rooms for purposes other than ordinary accommodation, and subletting or further letting, require the hotel's prior written consent.
  5. If the services provided differ from those in the booking confirmation, the services actually provided shall become part of the contract unless the guest objects immediately upon accepting them.
  6. The customer is not entitled to a particular room unless this has been expressly agreed.
  7. If the customer does not use a service included in the package price, they are not entitled to a pro-rata reduction or refund.
  8. Pets are unfortunately not permitted at Hotel Wellnessgarten, the Baumgartner Apartments or anywhere in the entire spa area. Dogs are welcome in our Restaurant SeestĂŒberl.
  9. For stays of several days, in the event of a no-show (failure to arrive on day 1), their entitlement to the subsequent days expires unless the hotel has been notified in writing on the arrival date of a later arrival. The nights cancelled as a result will be charged in accordance with the cancellation terms (see Section V).

IV. Prices | Payment

  1. The customer is obliged to pay the prices agreed or applicable for the provision of the room and any other services used. This also applies to services commissioned by the customer directly or through the hotel, provided by third parties and paid for in advance by the hotel.
  2. Unless otherwise agreed, payment for services used is due no later than the day of departure. In certain circumstances, a part-payment for services already used may be required during the stay. This also applies to services and expenses incurred by the hotel on the customer's behalf.
  3. Payment methods accepted on site are: cash, EC card, Mastercard and Visa.
  4. The local tourist tax is already included in the package price and will not be charged separately.
  5. The hotel is entitled to request a reasonable advance payment or security, for example in the form of a credit card guarantee, from the customer. The amount of the advance payment and the payment dates will be notified in good time before the start of the trip. Statutory provisions remain unaffected in the case of advance payments or security for package holidays.
  6. Invoices without a payment due date must be paid by the customer, without deduction, within 14 days of receipt. In the event of late payment, the hotel is entitled to charge the statutory default interest rates in force at the time, currently 8 % or, for legal transactions involving a consumer, 5 % above the base interest rate. The hotel reserves the right to prove that it has incurred greater losses.
  7. In justified cases, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to request an advance payment or security within the meaning of the preceding clause 3.6, or to increase the agreed advance payment or security up to the full agreed remuneration.
  8. The customer may set off or deduct amounts from a claim by the hotel only if their counterclaim is undisputed or has been established by a final court decision.
  9. By paying by direct debit, the customer authorises Tennis Wellnessgarten Waging am See to debit the invoice amount from the bank account provided. Any fees incurred as a result of a returned direct debit will be charged to the customer.
  10. The agreed prices include the taxes and local charges applicable at the time the contract is concluded. If the statutory VAT rate changes, or local charges on the subject of the service are introduced, amended or abolished after conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this applies only if more than four months elapse between conclusion of the contract and performance.
  11. For price components based on the high season, the following periods are considered high season: the entire month of July and all days falling within the Bavarian school holidays.
  12. For transfers from abroad, all bank and transfer fees are to be paid by the customer. The relevant amount is the full payment received in the hotel's account.

V. Cancellation / Withdrawal by the customer

  1. The customer may withdraw from the contract concluded with the hotel only if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal applies, or the hotel expressly agrees to terminate the contract. Any agreement on a right of withdrawal, and any consent to termination of the contract, should be made in text form.
  2. If the hotel and the customer have agreed on a deadline for withdrawing from the contract without charge, the customer may withdraw up to that date without triggering any payment or compensation claims by the hotel. The customer's right of withdrawal expires if they do not exercise it with the hotel by the agreed deadline.
  3. If no right of withdrawal has been agreed, or it has already expired, and there is no statutory right of withdrawal or termination and the hotel does not agree to terminate the contract, the hotel retains its entitlement to the agreed payment even if the services are not used. The hotel must deduct income from renting the rooms to other guests and any expenses saved. If the rooms are not rented to others, the hotel may apply a flat-rate deduction for expenses saved. In this case, the customer is required to pay at least 80 % of the contractually agreed price for accommodation with or without breakfast, and for package arrangements with third-party services. The customer is free to prove that the foregoing claim has not arisen, or has not arisen to the amount demanded.
  4. Requests by the customer to change their booking (in relation to travel dates, accommodation and services) will, unless otherwise agreed in the contract, be accommodated where possible up to the end of the free cancellation period (see below).
  5. If the customer withdraws from the travel contract or does not begin the trip, the provider may charge flat-rate cancellation fees as reasonable compensation for the loss of the bookings made and its expenses. Unless otherwise agreed in the contract, the following deadlines and flat-rate cancellation charges apply:
    1. For individual bookings (up to 2 rooms or tennis courses)
      - Free cancellation or changes are possible up to 14 days before arrival.
      - From 14 days before arrival: 50% of the package price
      - From 7 days before arrival: 80% of the package price.
      - No arrival / no-show: 90% of the package price.
    2. For larger bookings (3 rooms or tennis courses or more)
      - Free cancellation or changes are possible up to 28 days before arrival.
      - From 28 days before arrival: 50% of the package price
      - From 14 days before arrival: 80% of the package price.
      - No arrival / no-show: 90% of the package price.
  6. The cancellation rates above apply only to direct bookings. External travel agents and booking portals may charge higher cancellation fees in accordance with their booking terms.
  7. If the customer arranges for a third party to take their place before the start of the trip, no costs will be incurred.
  8. If the cancelled room can be re-let to another guest, no cancellation fees will of course be charged for those nights.

VI. Peace of mind - Travel cancellation insurance

  1. To protect yourself against cancellation charges, we always recommend taking out travel cancellation insurance.
  2. The insurance is arranged through external providers specialising in insurance policies. Find out more at www.rrv.wellnessgarten.de.

VII. Withdrawal by the hotel

  1. If it has been agreed that the customer may withdraw from the contract without charge within a specified period, the hotel is also entitled to withdraw from the contract during that period.
  2. The hotel is also entitled to withdraw from the contract if an advance payment or security agreed or requested in accordance with clauses 3.6 and/or 3.7 is not provided even after a reasonable grace period set by the hotel has expired.
  3. The hotel may also withdraw for objectively justified reasons. Examples include:
    • Force majeure or other circumstances beyond the hotel's control that make it impossible to provide the service
    • Bookings made using misleading or false information, for example about the customer's identity or the purpose of the booking
    • Reasonable grounds to believe that performance of the contract would jeopardise the smooth running of the business, safety or reputation, without this being attributable to the hotel's sphere of control or organisation
  4. The customer will be notified immediately if the right of withdrawal is exercised. If the hotel withdraws from the contract for a valid reason, the customer is not entitled to compensation.

VIII. Liability

  1. The hotel is liable for damage for which it is responsible resulting from injury to life, limb or health. It is also liable for other damage resulting from an intentional or grossly negligent breach of duty by the hotel, or from an intentional or negligent breach of contractual obligations typical of the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Any further claims for damages are excluded, unless otherwise provided for in this clause 7. If any disruption or defect occurs in the hotel's services, the hotel will endeavour to remedy it upon becoming aware of it or receiving the customer's immediate complaint. The customer is obliged to do what is reasonable to help remedy the disruption and minimise any potential damage.
  2. The hotel is liable for items brought onto the premises in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring money, securities or valuables worth more than 800 Euro, or other items worth more than 3,500 Euro, this requires a separate safekeeping agreement with the hotel.
  3. If a parking space is provided to the customer in the hotel garage or car park, including for a fee, this does not constitute a contract of safekeeping. The hotel is liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel premises, and their contents, only within the limits set out here.
  4. The hotel will carry out wake-up calls with the utmost care. Messages, post and deliveries for guests will be handled with care. The hotel will arrange delivery and storage and, on request and for a fee, forwarding of these items. The hotel's liability in this respect is limited as set out in the foregoing clauses.
  5. Within the limits of the law, the customer is liable for damage caused that goes beyond ordinary use of the rooms, facilities and their furnishings. Standard final cleaning of the rooms is included in the room price. However, if the guest is culpably responsible for an unusually substantial increase in the work required, the additional costs incurred may be charged.

IX. Data protection

  1. Customer data provided by the customer will be stored and processed only for accounting purposes. The data will be used to comply with legal requirements, process payments and for the Tennis Wellnessgarten Waging am See's marketing purposes.
  2. Customer data will be handled in accordance with the data protection legislation currently in force and will not be passed on to third parties unless this is necessary to fulfil the contract.
  3. If the customer does not wish their data to be used for marketing purposes by Tennis Wellnessgarten Waging am See, they may object to such use at any time by sending an email to info@seppbaumgartner.de.

X. Additional terms for voucher purchases

  1. Prices and payment All prices quoted are cash sale prices. They include statutory VAT and are ex D-83329 Waging am See. The goods are dispatched at the customer's risk. The purchase price of the vouchers, plus the flat-rate postage and packaging charge, is due immediately upon ordering. A flat-rate postage and packaging charge applies to vouchers sent by post, in addition to the order value. This charge does not apply to collection in person.
  2. The customer's warranty rights are governed by the general statutory provisions, unless otherwise specified below.
  3. Vouchers are sent to the customer by post at the customer's risk. The purchase price of the vouchers, plus the flat-rate postage and packaging charge, is due immediately upon ordering.
  4. Vouchers for the specified service are valid at least until the expiry date printed on them (service-specific validity). Irrespective of this, vouchers may be redeemed at the business for their paid cash value for 3 years (starting at the end of the year of issue). (Applied as a price reduction)
  5. Cancellation policy: Vouchers purchased online may be cancelled within 14 days without giving a reason, in any form (letter, fax, email) or by returning the voucher within the specified period. The period begins upon receipt of this notice in text form, but not before the recipient has received the voucher. To meet the cancellation deadline, it is sufficient to send the cancellation notice together with the relevant voucher in good time. Please send cancellations to:  Wellnessgarten Waging, FAO Management, Am See 9, 83329 Waging.

XI. Final provisions

  1. Any amendments or additions to these terms or provisions to the contrary should be made in writing in the contract. Unilateral amendments or additions by the customer are invalid.
  2. The contract text is stored in encrypted form when the contract is concluded, and you will receive an order confirmation by email. This information cannot be provided to the customer again after conclusion of the contract.
  3. The place of jurisdiction for B2B transactions is Traunstein; the place of performance is the registered office of Tennis Wellnessgarten in D - 83329 Waging am See.
  4. German law applies, and the exclusive place of jurisdiction, including for disputes concerning cheques and bills of exchange, for commercial transactions is the hotel's registered office. If a contracting party meets the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the hotel's registered office shall be the place of jurisdiction.
  5. European Commission platform for online dispute resolution: http://ec.europa.eu/consumers/odr/
  6. The right to correct errors, typographical mistakes and calculation errors is reserved.
  7. If any provision of these terms and conditions is or becomes invalid or void, this shall not affect the validity of the remaining provisions. The statutory provisions shall otherwise apply.

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