Hotel Gästehaus Zürn

Hotel Gästehaus Zürn
in Wasserburg, Lake Constance

Enjoy life, relax, take a deep breath.

Terms and Conditions

I. Scope of Application

  1. These terms and conditions (AGB) apply to contracts with Bodensee-Urlaubsdomizil GmbH (hereafter "Hotel") for the provision of hotel rooms and holiday apartments for accommodation, as well as for all related additional services and deliveries provided by the hotel, including parking spaces.
  2. The customer’s terms and conditions are explicitly rejected.
  3. The customer acknowledges that any conflicting terms of the customer will not apply.


II. Conclusion of the Contract, Contract Content

  1. Offers from the hotel are always non-binding. The contract is concluded by the acceptance of the booking by the hotel.
  2. If the order is placed on behalf of and at the expense of a third party (customer), the orderer is jointly and severally liable for all obligations under the contract, provided the hotel has received a statement from the corresponding orderer.
  3. The subletting and further rental of the provided rooms as well as their use for purposes other than accommodation require the prior consent of the hotel.
  4. Unless otherwise agreed, hotel rooms must be used by 12:00 p.m. on the day of arrival and must be vacated by 10:00 a.m. on the day of departure. After that, the hotel may charge up to 50% of the full list price for additional room usage until 6:00 p.m., and 100% after 6:00 p.m.
  5. The customer is obliged to provide their personal data and relevant additional information as per the Federal Registration Act and the Bavarian Implementation Act to the Federal Registration Act in its valid form via electronic online registration portals truthfully, no later than upon arrival at the location.
  6. The customer has no right to request specific rooms unless otherwise expressly agreed.
  7. Public areas are not considered part of the closed contract when booking a hotel room.


III. Payment Terms

  1. The prices listed in the hotel’s booking confirmation apply. These include the statutory value-added tax unless otherwise agreed.
  2. The hotel may require an advance payment or appropriate security from the customer.
  3. The applicable prices are gross total prices and include all statutory taxes, fees, and charges. If there is a change in tax, fee, or charge rates, or the imposition of new taxes, fees, and charges not previously known to the parties, the hotel reserves the right to adjust the prices accordingly. Overnight prices are quoted per room per night.
  4. If no fixed payment arrangements are agreed upon, payments for groups and events are due within 30 days of receiving the invoice. In general, 50% of the total revenue may be due immediately upon booking for group reservations. The remaining balance must be paid in full on-site upon arrival.
  5. If payment is not made within the payment period, the customer is in default. In the event of late payment, the hotel has the right to charge a flat fee (late payment charge, processing fee) of €5.00 per reminder notice.
  6. The customer may only offset recognized, undisputed, or legally enforceable counterclaims. The customer's right of offset remains unrestricted, provided their offset claim is linked to the main claim in a synallagmatic manner.


IV. Customer Behavior and Liability

  1. The hotel is a non-smoking establishment. The customer is particularly required to refrain from causing odor disturbances (e.g., due to prohibited smoking or animals).
  2. Pets are not allowed.
  3. The customer is liable for all damages to the building and inventory caused by themselves as well as other guests or third parties from their area. Special cleaning fees of €150.00 will be charged for specific room cleaning, as well as any costs incurred by the fire department due to unauthorized smoking.


V. Cancellation

  1. If the customer cancels the booking or does not make use of the agreed services in whole or in part, the hotel is entitled to charge the agreed price minus any savings on its part. The hotel may estimate the saved expenses. In this case, the customer is obliged to pay 100% of the agreed net price (agreed price excluding VAT). The above rules do not apply if the customer is entitled to a statutory or contractual right of withdrawal. For cancellations within 1 day before arrival or in the event of a no-show, a fee of 100% of the total booked amount will apply. For cancellations up to 4 days before arrival, no cancellation fees apply. For cancellations within 3 to 2 days before arrival, a fee of 50% of the total booked amount will apply.
  2. A change to the scope of the contract due to late arrival, early departure, or a change in the number of participants is also considered a cancellation as described in paragraph 1.
  3. The customer may prove that the obligation to pay has not arisen or is not at the required amount (e.g., due to saved expenses).
  4. For cancellable online bookings/rates from an external system or the hotel website, the room will be held until 4:00 p.m. on the day of arrival, after which the booking is automatically and free of charge canceled. The customer no longer has a claim to the room. For cancellable guaranteed online bookings with a credit card number provided, the room will be held overnight. A free cancellation on the day of arrival is possible until 4:00 p.m.; after that, if canceled, 100% of the total amount will be charged to the customer’s credit card. For bookings with non-cancellable special rates, the total amount is charged to the specified credit card or alternative payment method at the time of booking. If the charge is not possible, the booking expires.


VI. Special Regulation for Hotel Accommodation Contracts until 31.12.2021 (Arrival Date Decisive)

  1. If due to regulations, general orders, or administrative acts to combat or prevent the spread of the coronavirus or similar severe reasons of force majeure (external circumstances not caused by the hotel), the hotel cannot operate in whole or in part, and the customer cannot avail of corresponding services, there is no breach of duty by the hotel. This applies regardless of when the regulation, general order, or administrative act is issued. The hotel is obliged to inform the customer of the start and the anticipated duration of such an administrative act. Applicable regulations and general orders are announced and published by the legislator. If the hotel is prevented from fulfilling its contractual obligations for the reasons stated above, the hotel is entitled to adjust its offer according to the applicable legal framework without compensation, which may only be rejected for valid reasons. If this is not possible or reasonable for the hotel or unreasonable for the customer, both parties are entitled to cancel the stay free of charge. If the hotel is completely prohibited from operating, the hotel is entitled to offer the guest an alternative travel date. If the parties cannot agree on an alternative date, both parties are entitled to withdraw from the affected contract without charge by declaration in text form.
  2. If the customer cannot attend the booked travel date due to official (entry) bans due to corona or similar global pandemics defined by the WHO, or official quarantine regulations due to a pandemic (even when returning from the booked travel destination), the customer may cancel the room free of charge, provided the customer provides proof that it is objectively impossible for them to travel for the aforementioned reasons. Mere concerns of the customer or government recommendations to refrain from tourist trips do not justify a free right of withdrawal.


VII. Right of Withdrawal by the Hotel

  1. The hotel is entitled to withdraw from the contract for a justified reason, for example, if: a. Force majeure (e.g., strikes, natural disasters, pandemics (including recurring pandemics if business operations were resumed properly before), government orders, machine breakdowns, obstruction of transportation, or other similar unavoidable events) or other circumstances not caused by the hotel make the fulfillment of the contract impossible. b. Rooms are booked under misleading or false representation of essential facts, such as the identity of the customer or the purpose. c. The hotel has reasonable grounds to believe that the use of its services could endanger the smooth operation, safety, or reputation of the hotel in public or with other guests, without it being attributable to the hotel’s management or organization.
  2. In case of a justified withdrawal by the hotel, the customer is not entitled to compensation.


VIII. Limitation Period 

Claims against the hotel generally expire one year from the legal start of the limitation period. Excluded from this are claims for damages due to injury to life, body, or health, or claims for damages caused by gross negligence or intent.


IX. Final Provisions

  1. Amendments or additions to these terms and conditions must be made in writing. This also applies to changes to the written form requirement. One-sided amendments or additions by the customer are invalid. The place of performance and payment is the location of the hotel, even if the customer does not avail of the booked service.
  2. German law applies.
  3. If the customer is a merchant or has no general place of jurisdiction in Germany, Kempten is the exclusive jurisdiction for all disputes arising from or in connection with the contract. German law also applies in this case. The application of the UN Sales Convention and conflict-of-law rules is excluded.
  4. If individual provisions of these terms and conditions are or become ineffective or void, the effectiveness of the remaining provisions will not be affected. In all other respects, statutory provisions apply.


X. Information on the Handling of Personal Data in Accordance with Art. 13 GDPR 

The provision of data is necessary for the conclusion and execution of the contract. The customer is not obliged to provide the data, but in this case, no contract can be concluded. The data processing entity and thus the responsible party in the sense of the GDPR is: Bodensee-Urlaubsdomizil GmbH, Höhenstraße 25, 88142 Wasserburg am Bodensee.
 We process the following categories of data:
 • Personal and address data, identification number
 • Email address and telephone number
 • Credit card and/or debit card data
 • Information about the customer's stay, special requests, and preferences (including preferred room type or floor, vacation preferences, desired amenities, language preferences, interests, hobbies, age of children or companions, and all other aspects of the services used)
 We reserve the right to process further data necessary for processing. Data may be transmitted to the following categories of recipients: printing, shipping, collection, and marketing service providers, data archivers. We do not intend to transfer your personal data to a country outside the European Union or to an international organization. The data will be stored for ten years according to tax retention periods and then deleted. In connection with the data processing, you have the following rights: • Right of access to the processed data categories and processing purposes
 • Right to correct inaccurate or incomplete data
 • Right to delete data no longer necessary for the contract purpose or unlawfully processed
 • Right to restrict processing if you dispute the accuracy of the data, request restriction instead of deletion, the hotel no longer requires the data, but you need it to assert rights
 • Right to object to processing based on the legitimate interest of the responsible party or a third party
 • Right to withdraw consent at any time; the withdrawal does not affect the lawfulness of processing based on consent before the withdrawal
 • Right to receive your data provided to the hotel and transmit it to another controller
 • Right to complain to a supervisory authority
 Guardians and representatives may exercise these rights on behalf of their children or persons they represent.
 No automated decision-making or profiling takes place in connection with data processing.
 At the time of data collection, no changes in purpose are intended.


XI. Consumer Dispute Resolution 

The hotel is not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board.


Note on the Inclusion of AGB: 

AGB (General Terms and Conditions) apply only if they have been effectively incorporated into the contract: Your customers must agree to the applicability of the AGB. Otherwise, the contract remains valid, but the AGB do not apply, and statutory provisions apply instead.
You, as the user of the AGB, must explicitly reference the AGB at the time of contract conclusion. This reference can be made in written or oral form. The reference must be present at the time of contract conclusion, so a reference on documents provided after the contract conclusion is insufficient.
Additionally, the customer must be able to reasonably access the AGB at the time of contract conclusion.
For online bookings, a clearly visible link on the order page where the AGB can be accessed is a suitable method.
There is no legal obligation to have customers confirm the AGB by ticking a checkbox or similar, but this process is advisable.