General Terms and Conditions Gesundheitszentrum Oberammergau GmbH

AGB as PDF fileDownload

I. SCOPE OF APPLICATION

  1. These terms and conditions apply to contracts for the rental of clinic or hotel rooms for accommodation and all other services and deliveries provided by the company for the customer in this context.
  2. The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II. CONCLUSION OF CONTRACT, CONTRACT PARTNERS, STATUTE OF LIMITATIONS

  1. The contract is concluded upon acceptance of the customer’s application by Gesundheitszentrum Oberammergau (hereinafter referred to as GZO). The company is free to confirm the room booking in text form.
  2. The contractual partners are the GZO and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the company together with the customer as joint and several debtor for all obligations arising from the admission contract, provided that the company has received a corresponding declaration from the third party.
  3. All claims against the GZO are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages shall lapse after five years, irrespective of knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten years regardless of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the company.

III. SERVICES, PRICES, PAYMENT, OFFSETTING

  1. The GZO is obliged to keep the rooms booked by the customer available and to provide the agreed services.
  2. The customer is obliged to pay the GZO’s agreed or applicable prices for the room rental and other services used. This shall also apply to services and expenses of the company to third parties arranged by the customer. The agreed prices include the respective statutory value added tax.
  3. The municipality of Oberammergau currently charges a visitor’s tax of € 2.50 per night for overnight stays in hotels and inpatient rehabilitation measures. This is not included in the price.
  4. The invoice amount is due upon receipt of the invoice and must be paid within seven days of receipt at the latest.
  5. In the event of late payment, default interest of 5 percentage points above the base interest rate per year (§ 288 BGB) and reminder fees of € 10.00 may be charged.
  6. If no cash payment is made, payment can also be made electronically using a valid EC card or credit card. A-conto payments can be made to the Bank’s accounts.
  7. We reserve the right to recalculate services that are not included in the final invoice and to correct errors.
  8. Offsetting against disputed or not legally established claims is excluded.

IV. CANCELLATION FEES

Cancellation fees are:

  • 4 weeks before arrival 30% of the price of the stay,
  • 2 weeks before arrival 50% of the price of the stay
  • and from 1 week before arrival 80% of the price of the stay.

V. Other provisions

  1. Smoking is prohibited in the house, on the balconies and directly next to the house. Smoking areas are the garden by the main entrance and the pavilion there.
  2. Bringing pets is prohibited.
  3. Overnight stays by persons not belonging to the house are strictly prohibited.

VI Items brought in

  1. Money and valuables should be kept in your room safe.
  2. Items left behind become the property of the Oberammergau Health Center if they are not collected within 12 weeks.

VII Limitation of liability

The GZO shall only be liable for the loss of or damage to items brought onto the premises that remain in the patient’s care or to the patient’s vehicles that are parked on the premises or in a parking lot provided by the Oberammergau Health Center in cases of intent and gross negligence.

VIII. Entry into force

These GTCs enter into force on 18.04.2022. At the same time, the previous GTCs lose their validity.

IX. FINAL PROVISIONS

  1. These terms and conditions apply to contracts for the rental of clinic or hotel rooms for accommodation and all other services and deliveries provided by the company for the customer in this context.
  2. The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
  3. Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
  4. Place of fulfillment and payment is Oberammergau
  5. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions is the registered office of the GZO under company law. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Gesundheitszentrum Oberammergau under company law.
  6. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
  7. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.