General terms and conditions with customer information

Table of contents

1. Scope of application
2. Conclusion of contract
3. Exclusion of right of withdrawal
4. Services of the hotel operator
5. Prices and terms of payment
6. Security deposit
7. Use of the hotel room
8. Obligations of the guest
9. Changes to the hotel room
10. Rights of the guest in the event of defects
11. Contractual right of withdrawal
12. Non-utilization of services ("no show")
13. Liability
14. Contract term and termination of contract
15. Vacating the hotel room
16. Applicable law
17. Place of jurisdiction
18. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Thomas Mayr, trading as "Hotel Masai Mara Resort" (hereinafter "Hotel Operator"), apply to all contracts for hotel accommodation that a consumer or entrepreneur (hereinafter "Guest") concludes with the Hotel Operator with regard to the hotel described on the Hotel Operator's website. The inclusion of the Guest's own terms and conditions is hereby rejected, unless the parties have agreed otherwise.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The services described on the Hotel Operator's website do not constitute binding offers on the part of the Hotel Operator, but serve to submit a binding offer for the conclusion of a hotel accommodation contract by the Guest.

2.2 The guest can submit the offer via the online booking form integrated into the hotel operator's website. By clicking the button that concludes the booking process, the guest submits a legally binding contractual offer in relation to the selected services.

• by e-mail
• by telephone

2.3 The hotel operator may accept the guest's offer within five days,

• by sending the guest a written booking confirmation or a booking confirmation in text form (fax or e-mail), whereby the receipt of the booking confirmation by the guest is decisive in this respect, or
• by requesting payment from the guest after booking.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the guest sends the offer and ends at the end of the fifth day following the sending of the offer. If the hotel operator does not accept the guest's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the guest is no longer bound by his declaration of intent.

2.4 When submitting an offer via the hotel operator's online booking form, the text of the contract is saved by the hotel operator after the contract is concluded and sent to the guest in text form (e.g. email, fax or letter) after the guest has sent their contractual declaration. The hotel operator shall not make the text of the contract accessible beyond this.

2.5 Before making a binding booking via the hotel operator's online booking form, guests can correct their entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding booking is made and can also be corrected there using the usual keyboard and mouse functions.

2.6 The German language is available for the conclusion of the contract.

2.7 Bookings are generally processed by e-mail. The guest must ensure that the e-mail address provided by him for the booking process is correct so that he can receive the e-mails sent by the hotel operator at this address. In particular when using spam filters, the guest must ensure that all e-mails sent by the hotel operator can be delivered to him.

3) Exclusion of right of withdrawal

There is no right of withdrawal for contracts for the provision of accommodation services for purposes other than residential purposes if the contract provides for a specific date or period for the provision of services.

4) Services of the hotel operator

4.1 The hotel operator owes the provision of the rooms booked by the guest in the hotel described on its website for the agreed duration of stay. Unless otherwise agreed, the guest is not entitled to the provision of specific rooms.

4.2 The hotel operator must make the booked rooms available to the guest on the agreed day of arrival at the agreed time. Unless otherwise agreed, the guest is not entitled to earlier availability.

4.3 If the parties have agreed further services (e.g. catering, provision of a parking space, etc.), the hotel operator must provide these in accordance with the service description on its website.

4.4 Unless otherwise agreed, the hotel operator is not responsible for the safekeeping of the guest's valuables. If the guest brings valuables into the hotel during their stay, the hotel operator recommends the use of the hotel or room safe.

5) Prices and terms of payment

5.1 The guest is obliged to pay the agreed fee for the room rental and any other services used by him. This also applies to services commissioned by the guest directly or via the hotel operator, which are provided by third parties and, if applicable, disbursed by the hotel operator.

5.2 Unless otherwise stated, the prices quoted by the hotel operator are total prices. Not included are local taxes, which are to be paid by the guest according to the applicable local law (e.g. visitor's tax).

5.3 Adjustments and/or changes made to the hotel room at the guest's request shall be remunerated separately, unless they are necessary for the maintenance or repair of the hotel room or to ensure its contractual use.

5.4 The hotel operator is entitled to demand a reasonable advance payment, the amount of which will be communicated to the guest on the hotel operator's website, if applicable. If the advance payment is not made even after a reasonable grace period set by the hotel operator has expired, the hotel operator shall be entitled to withdraw from the contract.

5.5 For payment of the agreed fee, the guest can choose between different payment methods, which are indicated on the hotel operator's website.

6) Security deposit

6.1 To secure its claims, the hotel operator reserves the right to demand security from the guest in the form of a sum of money (e.g. credit card guarantee), the amount of which is specified in the offer on the hotel operator's website. The security deposit must be paid by the guest in advance.

6.2 If the guest does not leave the hotel room in proper condition or if part of the inventory is missing, the hotel operator shall retain the corresponding amount from the security deposit to cover its damages, provided that the guest is responsible for this. The hotel operator reserves the right to claim higher damages if the security deposit is not sufficient to cover the damage.

6.3 If the security deposit is not provided even after a reasonable grace period set by the hotel operator has expired, the hotel operator shall be entitled to withdraw from the contract.

7) Use of the hotel room

7.1 The hotel room is provided for the exclusive use of the guest and the other guests named by the guest upon conclusion of the contract. The hotel room may only be used for the contractually agreed purposes.

7.2 The guest is not entitled to transfer the use of the hotel room to a third party without the permission of the hotel operator.

8) Obligations of the guest

8.1 The guest must treat the hotel room with care and protect it from damage. He shall follow the maintenance, care and operating instructions of the hotel operator within the scope of what is reasonable for him. Furnishings may not be removed, altered or rendered unusable.

8.2 The guest must keep the key to the hotel room carefully and return it to the hotel operator after his/her stay. If the key is lost, the guest must inform the hotel operator immediately and cooperate to the best of their knowledge in clarifying the matter.

9) Changes to the hotel room

9.1 The hotel operator is entitled to make changes to the hotel room, provided that these serve the purpose of maintenance. Improvement measures may only be undertaken if they are reasonable for the guest and do not impair the contractual use of the hotel room. The hotel operator must inform the guest of such measures in good time in advance. If the guest incurs expenses as a result of these measures, these are to be reimbursed by the hotel operator.

9.2 Changes and additions to the hotel room by the guest require the prior consent of the hotel operator. Upon return of the hotel room, the guest shall restore the room to its original condition at the hotel operator's request.

10) Rights of the guest in the event of defects

10.1 The hotel operator is obliged to maintain the hotel room in a condition suitable for the contractual use for the agreed duration of the stay and to carry out the necessary maintenance and repair work. The corresponding measures shall be carried out at regular maintenance intervals and when defects, faults or damage occur. The hotel operator must be granted the necessary access to the hotel room for this purpose.

10.2 The guest must notify the hotel operator immediately of any defects, faults or damage.

10.3 Defects shall be remedied by rectification or repair free of charge. The hotel operator shall be granted a reasonable period of time for this purpose. With the guest's consent, the hotel operator may replace individual components of the hotel room for the purpose of remedying the defect. The guest shall not unreasonably withhold his consent to this.

10.4 The guest may only terminate the contract due to failure to grant use in accordance with the contract if the hotel operator has been given sufficient opportunity to remedy the defect and this has failed. Failure to remedy the defect shall only be assumed if it is impossible, if the hotel operator refuses or unreasonably delays it, if there are reasonable doubts as to the prospects of success or if it is unreasonable for the guest for other reasons.

10.5 The rights of the guest due to defects are excluded if the guest makes changes to the hotel room or has them made without the consent of the hotel operator, unless the guest proves that the changes have no unreasonable effects on the analysis and elimination of the defect for the hotel operator. The rights of the guest due to defects shall remain unaffected, provided that the guest is entitled to make changes, in particular within the scope of exercising the right of self-remedy, and these have been carried out professionally and documented in a comprehensible manner.

11) Contractual right of withdrawal

The hotel operator grants the guest the right to cancel his/her booking free of charge in accordance with the following conditions (contractual right of withdrawal):

The guest may cancel his/her booking up to 7 days before the start of the stay without stating reasons by submitting a declaration to the hotel operator in text form (e.g. e-mail). The date of receipt of the declaration by the hotel operator shall be decisive for compliance with the cancellation deadline. If the guest cancels his booking within the deadline, the hotel operator shall refund any fees already paid in full within a period of two weeks from receipt of his declaration. For this purpose, the hotel operator may use the same means of payment that the guest used for his payment to the hotel operator.

12) Non-utilization of services ("no show")

12.1 If the guest cannot invoke either a contractual right of withdrawal or a statutory right of withdrawal or termination, the hotel operator shall retain the right to payment of the agreed remuneration despite non-utilization of the services. However, the hotel operator must offset the income from renting the rooms covered by the contract to other parties as well as the expenses saved. This shall also apply in the event that the hotel operator maliciously refrains from renting the rooms to other parties.

12.2 If the hotel operator is unable to rent the rooms covered by the contract to another party, it shall be entitled to make a flat-rate deduction for saved expenses. In this case, the guest is obliged to pay 90% of the contractually agreed remuneration for overnight accommodation (with or without breakfast) or 70% for half-board or 60% for full-board arrangements, depending on which arrangement was contractually agreed. The guest is permitted to prove that no claim for compensation has arisen at all or that the compensation is significantly lower than the flat rate.

13) Liability

13.1 The strict liability of the hotel operator pursuant to Section 536a (1) BGB for defects that already existed at the time the contract was concluded is excluded.

13.2 Otherwise, the hotel operator shall be liable to the guest for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

13.2.1 The hotel operator is liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

13.2.2 If the hotel operator negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the guest may regularly rely.

13.2.3 Any further liability of the hotel operator is excluded.

13.2.4 The above liability regulations also apply with regard to the liability of the hotel operator for its vicarious agents and legal representatives.

14) Contract term and termination of contract

14.1 The contract is concluded for a limited period and ends automatically at the end of the agreed period of stay.

14.2 The guest's right to extraordinary termination pursuant to Section 543 (2) sentence 1 no. 1 of the German Civil Code (BGB) for failure to grant use in accordance with the contract and the right of each party to extraordinary termination for good cause shall remain unaffected.

14.3 The termination must be in text form (e.g. e-mail) to be effective.

15) Vacation of the hotel room

15.1 At the end of the contractual relationship, the guest must leave the hotel room in proper condition. The guest's personal belongings must be removed and household waste disposed of in the bins provided.

15.2 The guest must reimburse the costs of restoration in the event of damage or defects to the hotel room and/or its inventory for which he is responsible.

15.3 The guest must vacate the room on the day of departure by the agreed date at the latest. Thereafter, the hotel may charge a reasonable fee for the use of the room in excess of the contract due to the late vacating of the room in accordance with the hotel operator's daily price list. This shall not give rise to any contractual claims on the part of the guest. The guest is permitted to prove that the hotel operator has no or a significantly lower claim to a usage fee.

16) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

17) Place of jurisdiction

If the guest acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the place of business of the hotel operator shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the guest is domiciled outside the territory of the Federal Republic of Germany, the place of business of the hotel operator shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the guest. In the above cases, however, the hotel operator is in any case entitled to appeal to the court at the guest's place of business.

18) Alternative dispute resolution

The hotel operator is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.