General Terms and Conditions and Cancellation Policy
Dear Guest,
You booked a stay at Gasthaus Burkard. A management services contract is entered when you book the services of our hotel. We hereby declare to render the services agreed upon in a correct and timely manner. However, we also ask that you observe our General Terms and Conditions. They regulate the contractual relationship between the guest and host and are deemed as accepted with your reservation.
General Terms and Conditions and Cancellation Policy
The following general T&Cs contain legal information about rights in accordance with the provisions of contracts in distance marketing and in electronic business transactions.
I. Application area
These General Terms and Conditions (hereinafter referred to as “T&Cs”) apply to all contractual relationships between Mr Ulfar Thor Marinosson, the owner of Gasthaus Burkhard, Burgstraße 1, in D - 54470 Bernkastel-Kues (hereinafter referred to as “hotel”) and the guest.
II. Special conditions for room bookings
1. Conclusion of contract with booking rooms
Within the scope of our online booking system, brochures, prospects or leaflets, our offers on the internet represent a request asking the guest to send us unbinding room requests so that we can check our vacancies. If we do have vacancies, we will reserve the requested room or suite and will send an offer for a reservation in writing (either a letter, fax or email). A binding contract on the booking of the room is only entered once you have confirmed the reservation (our offer to submit the acceptance of a contract), and returned it with the information requested, such as name, address, etc.
2. Arrival and departure
2.1. Arrivals must take place between 2 p.m. and 6 p.m., unless the guest arranged a different arrival time with the hotel. If there is no different agreement and the guest does not arrive by 6 p.m. of the day of arrival, the hotel has the right to give the room to other guests due to reasons of obligation concerning the duty to minimise damages.
2.2. The rooms must be vacated by 10 a.m. on the day of departure.
3. Room booking payment
Payments are made on site at the hotel either in cash or by means of debit or credit card (your PIN will be required).
4. Right of cancellation
With regard to our accommodation agreements, there is no right of cancellation for the consumer.
5. Customer withdrawal / cancellation
5.1 With regard to our accommodation agreements, we are granting our customers a contractual right of cancellation (hereinafter referred to as “Cancellation”) according to the following conditions. The cancellation must be made in writing (letter, fax or email). The on-time receipt of the declaration of cancellation is crucial.
5.2. If the guest does not cancel the booking or does not arrive, we can demand compensation for the provisions taken and our expenses, provided that we are not responsible for the cancellation or non-commencement of the journey or in the event of force majeure. The calculation of the compensation takes account of the expenses typically saved, and other typical possible uses of our services.
5.3. In the event of the cancellation as stated under 5.2 - unless otherwise specified in our offers - the following room prices will be owed by the customer.
The cancellation is free up to 30 days prior to arrival. After that we will charge 90% of the room price taking account of typical savings and commonly possible incomes.
5.4. In the event of a withdrawal or cancellation on part of the guest, both contractual partners are entitled to prove that higher or lower savings were incurred.
6. Insurance
We recommend getting our travel cancellation insurance on our homepage.
7. Miscellaneous
7.1. If the guest has no general place of jurisdiction in Germany or residence or if the habitual place of residence at the time the complaint was raised is unknown, the exclusive place of jurisdiction is the location of the hotel, Gasthaus Burkard.
7.2. Should individual provisions of this contract for accommodation or these T&Cs prove to be ineffective, the validity of the remaining provisions shall not be affected.
8. Information as per § 36 Verbraucherstreitbeilegungsgesetz (VSBG) [German Consumer Dispute Resolution Act]
We are neither obliged nor prepared to implement a procedure in accordance with the VSBG before a consumer arbitration board.
However, the law on alternative dispute resolution in consumer matters (VSBG) demands that we nevertheless refer you to a consumer dispute resolution body that is responsible for you:
Zentrum für Europäischen Verbraucherschutz e.V., Bahnhofsplatz 3, 77694 Kehl
III. Special conditions for the acquisition of vouchers
1. Conclusion of contract during the acquisition of vouchers
We offer the possibility of acquiring vouchers or accommodation vouchers. Vouchers are personal voucher offers from us and are a binding offer for contract conclusion. If you would like to acquire a voucher, you must do so in writing (letter, fax, or email) by stating your details (name, address, etc.) In doing so, you are entering into a contract against payment. You will immediately receive a confirmation in writing (letter, fax, or email).
2. Delivery
The voucher will only be delivered as a letter via postal mail. The delivery of vouchers via postal mail takes up to approx. 5 working days. We do not have levy delivery charges for the shipment of vouchers.
3. Payment
The payment is invoiced and the invoiced is enclosed with the voucher. The payment must be made with 14 days of receiving the invoice.
4. Validity of vouchers
Vouchers are valid for up to 3 years, unless otherwise specified. The voucher is redeemable once the we have received the payment.
5. Returning vouchers
We grant the guests the opportunity to withdraw from the purchase of a voucher by agreement, whereby we do levy a processing fee of €10.00 per voucher. Legal right of withdrawal or cancellation, where there is obviously no processing fee, shall remain unaffected. We will only accept the return of original vouchers.
IV. General Conditions
1. Conclusion of contract
The conclusion of contract exclusively takes place in the German language.
2. Wording
The wording will be saved on our internal system. If you have lost any documents regarding your order, booking, etc. please contact us in writing, e.g. letter, fax or email.
We will be more than happy to send you a copy of your order, booking by letter, fax, or email. The General Terms and Conditions can be accessed at any time at www.Gasthaus-Burkard.de/en/GTC.
Cancellation policy
As a consumer you have a 14-day right of cancellation.
Right of cancellation for goods
You have the right to cancel this contract within fourteen days without providing a reason.
The cancellation period amounts to fourteen days from the day on which you or a third party you appointed, who is not the carrier, took or has taken possession of the last goods.
To exercise your right of cancellation, you must inform us (Ulfar Thor Marinosson, Gasthaus Burkard, Burgstraße 1, D - 54470 Bernkastel-Kues, Email: , fax: +49 6531 - 1758, telephone: +49 6531 - 2380 by means of a clear statement (e.g. a letter sent by post, fax or email) concerning your decision to cancel said contract.
In order to comply with the cancellation deadline, it suffices to send us the notification of your wish to exercise your right to cancel prior to expiry of the cancellation deadline.
Effects of cancellation (for goods)
If you cancel this contract, we are obliged to reimburse all payments we have received from you, including shipping costs (with the exception of additional costs arising from your choice of a different method of shipping than the lowest cost standard shipping we offer), with repayment taking place immediately, or no later that fourteen days from the date on which we received your notification to cancel the contract with us.
To make the repayment, we will use the same method of payment you used for the original transaction, unless expressly agreed otherwise with you; in no way will you be charged any fees for this repayment. We may withhold repayment until we have received the goods to be returned, or you can demonstrate you have returned the goods, whichever is the earlier.
You must immediately return or hand over the goods, and in any case no later than fourteen days from the day on which you informed us that this contract is being cancelled.
The deadline is deemed to have been met if you send the goods prior to expiry of the fourteen-day deadline. You bear the direct cost of the returning the goods. You only have to pay for any diminished value of the goods when the loss in value is attributable to an unnecessary procedure undertaken by you to ascertain the quality, characteristics and functioning of the goods.
Right of cancellation for services
You have the right to cancel this contract within fourteen days without providing a reason.
The cancellation period amounts to fourteen days from the day on which you or a third party you appointed, who is not the carrier, took or has taken possession of the last goods.
To exercise your right of cancellation, you must inform us (Ulfar Thor Marinosson, Gasthaus Burkard, Burgstraße 1, D - 54470 Bernkastel-Kues, Email: , fax: +49 6531 - 1758, telephone: +49 6531 - 2380 by means of a clear statement (e.g. a letter sent by post, fax or email) concerning your decision to cancel said contract.
In order to comply with the cancellation deadline, it suffices to send us the notification of your wish to exercise your right to cancel prior to expiry of the cancellation deadline.
Consequences of cancellation (applies to services)
To make the repayment, we will use the same method of payment you used for the original transaction, unless expressly agreed otherwise with you; in no way will you be charged any fees for this repayment.
If you have requested that the service should begin during the cancellation period, you must pay a reasonable amount corresponding to the services already used up to the point of you informing us of your exercising of the right of cancellation of this contract, as a proportion of the total scope of the services foreseen by the contract.
The right of withdrawal does not exist for the following contracts, provided the parties have not agreed on something else:
Subject to sentence 2 contracts for the provision of services in the areas of accommodations for purposes other than residential purposes, transport of goods, rental of motor vehicles, delivery of meals and beverages as well as the provision of other services in connection with leisure activities, if the contract calls for the provision of a specific date or period.