General Terms and Conditions (GTC) for the hotel accommodation contract of Golf- und Sporthotel Wiesensee Betriebs GmbH
The following terms and conditions apply to Golf- und Sporthotel Wiesensee Betriebs GmbH (hereinafter referred to as "GSH Wiesensee").
§ 1. Scope
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, conference, banquet, and event rooms and associated sports facilities for the purpose of holding events such as banquets, seminars, conferences, and sporting events, as well as all other related services and deliveries provided by GSH Wiesensee for the guest (hereinafter referred to as "services"). The term "hotel accommodation contract" encompasses and replaces the following terms: accommodation, guest accommodation, hotel, and hotel room contract.
The subletting and re-letting of the hotel rooms, rooms, areas, associated sports facilities or display cases provided, invitations to job interviews, sales or similar events, as well as their use for purposes other than accommodation, require the prior written consent of the accommodation provider, whereby § 540 (1) sentence 2 BGB (German Civil Code) is waived.
The terms and conditions of the customer and/or guest shall only apply if this has been expressly agreed in writing in advance.
Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs within the meaning of Sections 13 and 14 of the German Civil Code (BGB). The customer is the organizer within the framework of the contracts agreed in accordance with Clause 1, Sentence 1.
The General Terms and Conditions apply to all services booked via our own booking system at www.Golfhotel-Wiesensee.com, partners, and agents commissioned by us (such as online booking platforms).
§ 2. Conclusion of contract, contractual partners, limitation period
The contract is concluded upon acceptance of the customer's application by GSH Wiesensee, if GSH Wiesensee confirms this with a booking confirmation in text form within 24 hours of receiving the guest's booking. This constitutes acceptance of the General Terms and Conditions and house rules, which are confirmed at the latest upon signing the registration form.
If no confirmation is received within 24 hours of the guest's booking, no contract is concluded.
The contracting parties are the accommodation provider and the customer. If a third party has made the booking on behalf of the customer (block booking or group booking), they are jointly and severally liable to GSH Wiesensee with the guest for all obligations arising from the accommodation contract, provided that GSH Wiesensee has received a corresponding declaration from the third party. The third party then becomes a contracting party.
A group booking is when a contracting party books more than nine rooms per night in one or more booking transactions that are related in terms of time and/or content. A group booking is independent of the method of booking. This can be done in person, by telephone, by fax, by e-mail, in writing, via "www.golfhotel-wiesensee.com," via intermediaries (e.g., online portals), or by other means.
All claims against GSH Wiesensee shall generally become time-barred one year after the start of the regular limitation period of § 199 (1) BGB (German Civil Code), which is dependent on knowledge. Claims for damages shall become time-barred within five years, regardless of knowledge. The reductions in the limitation period do not apply to claims based on an intentional or grossly negligent breach of duty or on justified withdrawal by GSH Wiesensee.
§ 3. Services, prices, payment, offsetting
The services consist in particular of the provision of hotel rooms and other premises for a fee, e.g. seminars, meetings, presentations, conferences, banquets, and other events, the sale of food and beverages (F&B), the organization of cultural and sporting events and other programs, the implementation of special health-promoting measures or comparable offers, as well as for all other related services and deliveries provided by GSH Wiesensee. GSH Wiesensee is entitled to perform its services through third parties.
GSH Wiesensee is obliged to provide the hotel rooms booked by the customer or equivalent replacements and to perform the agreed services. In doing so, the company is free to define industry-standard restrictions such as minimum stays, advance payments, and booking guarantees for certain dates.
The customer is obligated to pay GSH Wiesensee the applicable or agreed prices for the provision of rooms and any other services used by them. This also applies to services and expenses incurred by GSH Wiesensee to third parties at the guest's request.
The agreed prices include the applicable statutory value-added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the accommodation provider for such services increases, the accommodation provider may raise the contractually agreed price appropriately, but by no more than 10%. If the period between the conclusion of the contract and the fulfillment of the contract is less than four months, the change in the VAT rate will be charged to the customer if the customer is a merchant within the meaning of the German Commercial Code (HGB). Local taxes that are owed by the guest himself according to the respective municipal law, such as visitor's tax, are not included and will therefore be charged separately, even if they are incurred after the booking date.
Prices may also be changed by GSH Wiesensee if the guest subsequently requests changes to the number of rooms booked, the services provided by GSH Wiesensee, or the length of stay of the guests, and GSH Wiesensee agrees to this.
Invoices from GSH Wiesensee without a due date are payable immediately upon receipt of the invoice without deduction. GSH Wiesensee is entitled to demand payment of accrued claims at any time and to demand immediate payment. In the event of late payment, GSH Wiesensee is entitled to demand the applicable statutory default interest. GSH Wiesensee reserves the right to prove higher damages.
GSH Wiesensee is entitled to demand a reasonable advance payment and security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates can be agreed in writing in the contract. The company is also free to immediately check the validity of the credit cards provided and to carry out a pre-authorization.
The customer may only offset, withhold, or reduce a claim by GSH Wiesensee with an undisputed or legally binding claim.
§ 4. Events
In order to enable GSH Wiesensee to make careful preparations, the contractual partner must inform GSH Wiesensee of the final number of participants at least three days before the start of the event. If the contractual partner informs GSH Wiesensee of a higher number of participants than agreed, this higher number of participants shall only become part of the contract if GSH Wiesensee agrees to this in writing. If GSH Wiesensee does not agree in writing, the contractual partner is not entitled to hold the event with a higher number of participants. If GSH Wiesensee agrees, the invoice will be based on the new agreement (with additional expenses, if applicable). The contractual partner has no right to consent. Regardless of the notification of the number of participants, billing shall be based on the contractual agreements. If fewer participants actually take part in the event, this shall be irrelevant for billing purposes.
If the agreed start time of an event is postponed, GSH Wiesensee is entitled to charge the contractual partner for all additional costs incurred as a result.
Reserved rooms are only available to the contractual partner within the period agreed in writing. Any use beyond this requires the written consent of GSH Wiesensee and is generally only granted for an additional fee. We reserve the right to change rooms, provided that this is reasonable for the contractual partner, taking into account the interests of GSH Wiesensee.
For events that continue past midnight, GSH Wiesensee may charge EUR 50.00 plus VAT per booked service staff member and per hour or part thereof. The contractual partner is liable to GSH Wiesensee for additional services provided to event participants or to third parties in connection with the event.
The contractual partner must obtain all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner is responsible for complying with all relevant (regulatory) legal requirements. Any fees payable to third parties for the event, such as GEMA fees, entertainment tax, etc., must be paid by the contracting party to the creditor without delay.
The contractual partner shall be liable for the conduct of its employees, event participants, and other assistants as for its own conduct. GSH Wiesensee may require the contractual partner to provide appropriate security (e.g., insurance, deposits, guarantees).
In order to prevent damage, the installation and placement of decorative materials or other objects must be agreed in advance with GSH Wiesensee. Exhibition items and other objects brought to the venue must be removed after the end of the event. If the contractual partner fails to comply with this regulation, GSH Wiesensee has the right to remove the items and store them at the contractual partner's expense. Transport packaging, outer packaging, and all other packaging materials brought in must be disposed of by the contractual partner at their own expense. Disposal may be subject to a fee if the contractual partner leaves the packaging behind after the end of the event. All items brought in for the event, such as decorative materials and the like, must comply with all relevant regulations.
GSH Wiesensee does not provide insurance cover for items brought in. The conclusion of any necessary insurance is the sole responsibility of the contractual partner.
Malfunctions or defects in equipment provided by GSH Wiesensee will be remedied by GSH Wiesensee to the extent possible. The contracting party cannot derive any claims in this regard.
If the contracting party brings in its own electrical equipment, the consent of the hotel management is required before connecting to the power grid. The electricity consumption incurred will be charged at the applicable supply and working prices as charged to GSH Wiesensee by the utility company. GSH Wiesensee is free to charge a flat rate. Any malfunctions or defects in the technical equipment of GSH Wiesensee caused by the connection shall be borne by the contractual partner.
If GSH Wiesensee procures technical or other equipment from third parties for the contractual partner, GSH Wiesensee shall act on behalf of and for the account of the contractual partner; the latter shall be liable for the careful handling and proper return of this equipment and shall indemnify GSH Wiesensee against all third-party claims upon first written request. GSH Wiesensee shall not be liable for late procurement or defects in the equipment procured.
The contractual partner is generally not permitted to bring food and beverages to the events. In special cases (e.g., national specialties, etc.), a written agreement may be made; in such cases, a general fee will be charged, less the proportionate cost of goods.
Newspaper advertisements containing invitations to job interviews or sales events require the prior written consent of GSH Wiesensee. If a publication is made without consent, GSH Wiesensee has the right to cancel the event.
Any type of advertising, information, or invitations that establish a connection to the hotel, in particular through the use of the hotel name, require the prior written consent of the hotel.
All conditions regarding room use shall apply mutatis mutandis to events, unless more specific provisions for events are contained in Section 4.
§ 5. Withdrawal by the customer (cancellation), non-use of the accommodation provider's services (no show)
Withdrawal by the customer from the contract concluded with the accommodation provider requires the written consent of GSH Wiesensee. If this is not given, the agreed price from the contract must be paid even if the guest does not make use of the contractual services. This does not apply in the event of a breach of GSH Wiesensee's obligation to take into account the rights, legal interests, and interests of the guest, if the guest can no longer be reasonably expected to adhere to the contract as a result, or if the guest is entitled to any other statutory or contractual right of withdrawal.
If a date for free or only partially charged withdrawal from the contract has been agreed in writing between GSH Wiesensee and the customer, the guest may withdraw from the contract until then without triggering payment and damage claims by GSH Wiesensee. The conditions are already visible in the shopping cart during the booking process. The right of withdrawal expires if the customer does not exercise their right of withdrawal in writing to GSH Wiesensee by the agreed date, unless there is a case of withdrawal by the guest in accordance with Section IV No. 1 Sentence 3.
In the case of hotel rooms not used by the customer, GSH Wiesensee shall offset the income from the reallocation of the hotel rooms and the expenses saved.
In the event of a shortened stay, GSH Wiesensee reserves the right to adjust the rate according to the number of nights actually used. Any additional costs shall be payable in addition to the agreed cancellation fee.
The above provisions regarding compensation shall apply accordingly if the guest does not use the booked hotel room or the booked services without giving timely notice (no-show).
GSH Wiesensee is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. The customer is then obliged to pay 90% of the contractually agreed price for the rental of the hotel rooms. However, the customer is entitled to prove that GSH Wiesensee has incurred no or significantly lower damages.
§ 6. Withdrawal by GSH Wiesensee
If a free right of withdrawal for the customer within a certain period has been agreed in writing, GSH Wiesensee is entitled to withdraw from the contract during this period if there are inquiries from other guests regarding the contractually booked hotel rooms and the guest does not waive their right of withdrawal upon inquiry by GSH Wiesensee.
If an agreed advance payment or an advance payment requested in accordance with § 3 above is not made even after the expiry of a reasonable grace period set by GSH Wiesensee, GSH Wiesensee is also entitled to withdraw from or terminate the contract.
Furthermore, GSH Wiesensee is entitled to withdraw from the contract for objectively justified reasons, for example if
force majeure, pandemics, or other circumstances beyond the control of GSH Wiesensee make it impossible to fulfill the contract,
hotel rooms are booked under misleading or false information regarding essential facts, e.g., regarding the identity of the guest or the purpose of the stay,
GSH Wiesensee has reasonable grounds to believe that the use of GSH Wiesensee may jeopardize the smooth operation of the business, the safety, or the public reputation of GSH Wiesensee, without this being attributable to the sphere of control and organization of GSH Wiesensee,
there is a violation of the above-mentioned § 1.2,
GSH Wiesensee has issued a ban on the guest entering the premises.
GSH Wiesensee must immediately inform the customer and the guest of the exercise of the right of withdrawal/termination.
In the event of justified withdrawal by GSH Wiesensee, the customer and the guest shall have no claim to compensation.
§ 7. Provision, handover, and return of hotel rooms
The guest shall not be entitled to the provision of specific hotel rooms unless this has been expressly agreed in the contract.
Booked hotel rooms are available to the guest from 3:00 p.m. on the agreed arrival date. The guest has no right to earlier provision. Unless otherwise agreed, GSH Wiesensee has the right to allocate booked rooms to other guests after 6:00 p.m. without the contractual partner being able to derive any rights or claims from this.
On the agreed departure date, the hotel rooms must be vacated and made available to GSH Wiesensee by 11:00 a.m. at the latest. After this time, GSH Wiesensee may charge 50% of the full accommodation price (list price) for use of the hotel room beyond the contractual period until 12:00 p.m., and 100% after 12:00 p.m. This does not justify any contractual claims on the part of the guest. The guest is free to prove that GSH Wiesensee has incurred no or a significantly lower claim for usage fees. If a key or key card that has been handed over is lost or not returned upon departure, a fee of EUR 40.00 may be charged. If the loss of the key or key card or being locked out of the room necessitates the use of security services, GSH Wiesensee reserves the right to charge the contractual partner a flat fee of EUR 50.00 per call-out.
Smoking is not permitted anywhere in the building, including the hotel rooms. In the event of a violation, the guest will be charged a flat-rate compensation fee of EUR 250.00. If GSH Wiesensee incurs further damage costs (e.g., fire department call-out, destroyed furniture, etc.), these will be charged to the guest.
The guest is obliged to provide all relevant personal data truthfully in advance online, or at the latest upon arrival in the form of a registration form, and to provide proof of this upon request.
§ 8. Liability
GSH Wiesensee is liable for its obligations under the contract with the diligence of a prudent businessman. Claims for damages by the guest are excluded. This does not apply to damages resulting from injury to life, limb, or health if GSH Wiesensee is responsible for the breach of duty. The same applies to other damages resulting from an intentional or grossly negligent breach of duty by GSH Wiesensee and damages resulting from an intentional or negligent breach of typical contractual obligations by GSH Wiesensee. A breach of duty by a legal representative or agent of GSH Wiesensee is equivalent to a breach of duty by GSH Wiesensee itself.
GSH Wiesensee is liable to the guest for items brought in accordance with the statutory provisions. Liability claims expire if the guest does not notify GSH Wiesensee immediately after becoming aware of loss, destruction, or damage (§ 703 BGB). For further liability of GSH Wiesensee, the above § 1 points 2 to 4 apply accordingly.
If the guest is provided with a parking space in the hotel's own car park, even for a fee, this does not constitute a contract of safekeeping. GSH Wiesensee shall not be liable for loss of or damage to motor vehicles, motorcycles, bicycles, and their contents parked or maneuvered on the property, except in cases of intent or gross negligence. The above § 1 points 2 to 4 shall apply accordingly.
GSH Wiesensee shall be liable for all damage culpably caused by the guest himself, his employees or his visitors at the Golf- und Sporthotel Wiesensee or to the inventory. GSH Wiesensee must be notified of any such damage immediately, whereby GSH Wiesensee shall be free to charge a flat rate for compensation.
In the case of brokered services (not package tours), GSH Wiesensee is not liable for the provision of services by third-party service providers or transport companies, but only for the proper brokerage of the travel service and for the proper transmission of information from the service provider to the participant.
No liability is accepted for lost property. It will only be returned on request and for a fee. The accommodation provider undertakes to store lost property for 6 months.
Insofar as GSH Wiesensee procures third-party services, technical or other equipment from third parties for the customer, it acts on behalf of and for the account of the guest; the guest is liable for the careful handling and proper return of the equipment and indemnifies GSH Wiesensee against all claims by third parties arising from the provision of this equipment.
By reserving a hotel room, the guest may use the designated public areas, such as the lobby, community space, fitness and sauna area, etc., free of charge. GSH Wiesensee reserves the right to close these public areas at short notice without prior notice. In the event of a public area being unavailable, the guest is not entitled to partial or full reimbursement of their costs for the accommodation service. The public areas are therefore not considered part of the scope of services.
The liability of GSH Wiesensee, its legal representatives, and vicarious agents for damages resulting from injury to life, limb, or health, as well as liability under the Product Liability Act and liability for fraudulently concealed defects or the assumption of a quality guarantee, is not limited by these General Terms and Conditions. Furthermore, these General Terms and Conditions do not limit the liability of GSH Wiesensee for damages based on an intentional or grossly negligent breach of duty by GSH Wiesensee, its legal representatives or vicarious agents. If none of the above cases apply, GSH Wiesensee's liability for damages resulting from the breach of an obligation that is essential for achieving the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the member relies and may rely (essential contractual obligation), is limited to the foreseeable damage typical for this type of contract. Otherwise, GSH Wiesensee's liability is excluded. Insofar as liability for damages is limited in accordance with this clause, this also applies to any liability of GSH Wiesensee's vicarious agents and legal representatives.
§ 9. Obligations of the guest
The guest is obliged to comply with statutory registration requirements in person. They are also obliged to provide truthful information about themselves in the registration forms provided by us and to identify themselves on request by presenting an official identity card or passport. This is requested, for example, during digital check-in by uploading a photo of the ID card.
Occupancy of the hotel room by more than the number of persons booked requires our prior consent in writing. This applies in particular to the provision of overnight accommodation to third parties, even if this is free of charge.
Subletting is not permitted.
The guest is not entitled to pass on their access card to third parties. They must keep it safe and secure from third parties.
The keeping of animals requires prior written consent in text form. Additional costs may be incurred for this, for example for cleaning.
If the length of stay for apartment bookings is extended, a new reservation must be made up to 14 days before the end of the contract. A tacit extension of the reservation is excluded. Failure by the guest to vacate the room on time constitutes unauthorized action. GSH Wiesensee is entitled to exercise its right of self-help in this respect, to take possession of the hotel room and to store the guest's belongings in a storage room at the guest's expense and risk, exercising a right of lien.
GSH Wiesensee is entitled to enter the hotel rooms during the guest's stay at normal times of the day for the purpose of cleaning and maintaining the premises.
The guest must check for themselves whether there is a legal obligation to register for their stay in an apartment. The guest acknowledges that – if the guest registers for the period of their stay in a hotel room – the guest may have to pay fees, in particular broadcasting fees for the apartment, to the collecting agency.
Messages, mail, and goods deliveries for guests will be handled with care. GSH Wiesensee will take care of delivery, storage, and—upon request—forwarding of the same for a fee. Claims for damages, except in cases of gross negligence or intent, are excluded.
§ 10. Final provision
Amendments and additions to the contract, the acceptance of applications or the General Terms and Conditions of GSH Wiesensee must be made in writing. This also applies to the cancellation of this written form clause. Unilateral amendments or additions by the guest or booker are invalid.
The place of performance and payment is the registered office of GSH Wiesensee.
GSH Wiesensee reserves the right to expel guests or visitors from the premises. This applies in particular if guests do not follow the instructions of GSH Wiesensee employees, make discriminatory remarks, or harass or endanger other guests and visitors.
The exclusive place of jurisdiction—including for disputes relating to checks and bills of exchange—in commercial transactions is the registered office of GSH Wiesensee. If a contractual partner fulfills the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of GSH Wiesensee.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.
Should individual provisions of these General Terms and Conditions for Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
As of June 2025