General Terms and Conditions
of AnnaSascha Turmhaus gGmbH
All deliveries and services of AnnaSascha Turmhaus gGmbH are provided exclusively on the basis of the following General Terms and Conditions. Unless expressly agreed otherwise, these apply equally to consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB).
I. SCOPE OF APPLICATION
If the customer is an entrepreneur, these General Terms and Conditions shall also apply to all future legal transactions without requiring renewed inclusion. Any deviating, conflicting and/or additional terms and conditions of the customer are expressly rejected. Such conditions shall only become part of the contract if and to the extent that the Company has expressly agreed to their validity in writing. This also applies if we perform the service unconditionally in the knowledge of the customer’s terms and conditions.
II. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION
The contracting parties are the Company and the customer. If third parties place an order on behalf of the customer, they shall be jointly and severally liable with the customer for all obligations arising from the contract, provided a corresponding declaration by the third party exists.
Our offers, including price information, are subject to change and non-binding.
The order or reservation placed by the customer constitutes a binding contractual offer. Unless otherwise indicated, we are entitled to accept this offer within two weeks after its receipt.
A contract is concluded only through our acceptance or order confirmation in text form, or through the commencement of contractual performance.
Legally significant statements and notifications by the customer in connection with the contract (e.g., setting deadlines, reporting defects, withdrawal or reduction) generally require text form for validity.
Statements made by us to the customer shall likewise generally be issued in text form.
III. SERVICES AND PRICES
The following provisions apply to contracts for the temporary rental of hotel rooms for accommodation, for conference or function rooms, and for all services and deliveries provided to the customer in this context (Hotel Accommodation Agreement). This also applies to contracts concluded via third parties (e.g., online booking platforms). The provisions apply equally to all services rendered in the café.
For conferences or other events, the customer must provide full and truthful information at the time of booking regarding the purpose of the event, its topic, the organiser, and the group of invited and/or expected speakers and guests. Upon our acceptance, these details become essential components of the contract. We expressly reserve the right to accept or reject bookings.
The subletting or re-rental of rooms or other premises, or their provision to third parties, as well as their use for purposes other than those agreed with us (accommodation or event purposes), require the prior consent of the Company. § 540 (1) sentence 2 BGB does not apply if the customer is not a consumer.
Prices include applicable taxes valid at the time the contract is concluded. Local charges owed by the customer under municipal law (e.g., visitor’s tax) are not included.
If statutory VAT rates change, or if local levies are introduced, changed, or abolished after conclusion of the contract, prices shall be adjusted accordingly.
Any reduction of services requested by the customer after conclusion of the contract (e.g., number of rooms, number of overnight stays) requires our consent. We may make such consent dependent on the customer accepting a higher price for the remaining services.
Unless otherwise agreed, payments are due upon invoicing. In case of payment default, statutory provisions apply. The Company reserves the right to claim higher damages.
The Company is entitled, upon conclusion of the contract or during its extension, to request an appropriate advance payment and/or security deposit, e.g., a credit card guarantee. Amount and payment terms may be specified in the contract.
The Company may also request an appropriate advance payment or security deposit at the beginning or during the customer’s stay for existing or future claims under the contract.
Upon expiry of the payment deadline, the customer will be in default. In the event of default, we may charge statutory default interest. Further claims for damages remain reserved.
Customers who are not consumers may only exercise rights of set-off or retention if their claims are legally established or undisputed.
If, after conclusion of the contract, it becomes apparent (e.g., through the filing of insolvency proceedings) that our payment claims are jeopardised due to the customer’s insufficient performance ability, we are entitled—according to statutory provisions—to refuse performance and, if applicable after setting a deadline, to withdraw from the contract (§ 321 BGB). For contracts involving the manufacture of unique items, we may withdraw immediately; statutory provisions on the dispensability of setting deadlines remain unaffected.
IV. REMINDER FEES
If the customer is in default of payment, the hotel is entitled to charge a reasonable processing fee for each written reminder. The customer may demonstrate that lower or no costs were incurred.
Statutory claims, particularly the assertion of default interest, remain unaffected.
V. WITHDRAWAL BY THE CUSTOMER (CANCELLATION) AND NON-USE OF THE COMPANY’S SERVICES (NO SHOW)
A cancellation by the customer is only permissible if expressly agreed, if a statutory right of withdrawal exists, or if we consent to terminating the contract.
If a deadline for free cancellation was agreed, the customer may withdraw from the contract within that period without triggering payment or compensation claims. After this deadline, the right to free cancellation expires.
If no right of withdrawal was agreed or if it has already expired, no statutory right of withdrawal or termination exists. If the Company does not agree to a termination, it retains the entitlement to the full agreed remuneration despite non-utilisation of the service. The same applies in the event of a no-show. Revenue from alternative rental of rooms and saved expenses will be offset.
If we are unable to re-rent the rooms or facilities, we may apply a flat-rate deduction for saved expenses. In this case, the customer must pay:
- 90% of the contractually agreed price for overnight accommodation with or without breakfast or for the provision of facilities and package arrangements including third-party services,
- 70% for half-board arrangements,
- 60% for full-board arrangements.
The customer is free to prove that no claim or a substantially lower claim has arisen.
VI. WITHDRAWAL BY THE COMPANY
If the customer is granted a free cancellation right within a specific period, the Company may also withdraw from the contract within this period if third-party requests have been received and the customer does not waive its cancellation right within a reasonable deadline set by us.
If an agreed or requested advance payment or security deposit is not provided even after expiration of a reasonable grace period set by the Company, we may withdraw from the contract.
We may also withdraw from the contract without notice for good cause. In this case, the customer has no claim for damages. Good cause exists in particular if:
- force majeure or other circumstances beyond our control make fulfilment of the contract impossible (e.g., official bans on accommodation or events);
- rooms or facilities are booked on the basis of misleading or false information or by withholding essential facts (e.g., customer identity, true user identity, payment ability, or purpose of stay);
- we have justified reason to believe that the use of our services may jeopardise smooth business operations, safety, or our public reputation, without being attributable to our organisational or operational sphere;
- the purpose or reason for the stay is illegal.
In the event of justified withdrawal by the hotel, the customer has no claim for damages.
VII. PROVISION, HANDOVER AND RETURN OF ROOMS
The customer has no entitlement to specific rooms unless expressly agreed.
Booked rooms are available from 3:00 p.m. on the agreed arrival date. The customer has no claim to earlier availability.
Regular check-in is possible until 6:00 p.m. during reception opening hours. Later arrivals must be coordinated with us.
Rooms must be vacated and returned to us by 10:00 a.m. on the agreed departure date. Otherwise, we may charge a fee of €30 for use until 2:00 p.m. (late check-out). After 2:00 p.m., the full room rate (standard rate without discounts) is owed. No customer claims (e.g., stay extension or continued room use) arise therefrom. The customer may prove that no or significantly lower usage compensation is owed.
Upon arrival, the full stay must be paid unless it has already been paid in advance.
Conditions for the provision of conference and function rooms are regulated individually in the respective contract.
VIII. LIABILITY OF THE COMPANY
Claims for damages by the customer are excluded unless otherwise provided below. This exclusion applies equally to our legal representatives and vicarious agents.
Excluded from the liability exclusion are claims for damages arising from intentional or negligent injury to life, body, or health. Also excluded is liability for damages based on intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents. The provisions of the Product Liability Act remain unaffected. Furthermore, we are liable in cases of fraudulent concealment of defects or if a guarantee is assumed.
We shall only be liable for slight negligence—also by our legal representatives or vicarious agents—if essential contractual obligations (cardinal obligations) are breached, i.e., obligations essential for achieving the purpose of the contract. Liability is limited to foreseeable, typical damages.
If disruptions or defects occur in our services, we will, upon becoming aware or upon prompt notification by the customer, endeavour to provide remedy. The customer must contribute what is reasonable to remedy the disruption and minimise any damage.
For items brought into the hotel, we are liable to the customer according to statutory provisions. If the customer wishes to bring money, securities, or valuables exceeding €800, or other items exceeding €3,500, this requires a separate deposit agreement.
If a bicycle parking space is provided to the customer on the hotel premises, even for a fee, no safekeeping agreement is created. In the event of loss or damage to vehicles parked or manoeuvred on the premises, or their accessories, the hotel shall only be liable in accordance with the provisions above.
Messages, mail and goods deliveries for guests will be handled with due care. The hotel takes care of delivery, storage and—upon request—for a fee, forwarding. Liability is governed by the provisions above.
IX. DATA PROTECTION
We process personal data of the customer only insofar as necessary for the performance of the contract or for the implementation of pre-contractual measures requested by the customer. The GDPR is observed.
Apart from statutory or official disclosure obligations, personal data will only be forwarded to third parties with the customer’s consent.
X. FINAL PROVISIONS
Amendments or additions to the contract, acceptance of the application or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the customer are invalid.
Place of performance and payment is the registered office of the Company.
Exclusive place of jurisdiction for commercial transactions—including cheque and bill disputes—is the registered office of the Company. If a contracting party meets the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the registered office of the Company shall be the place of jurisdiction.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules is excluded.
If the contract or these General Terms and Conditions contain gaps, the legally effective provisions shall apply which the contracting parties would have agreed in accordance with the economic purpose of the contract and these terms had they been aware of the gap.
Should individual provisions of these General Terms and Conditions be invalid or void, the validity of the remaining provisions shall not be affected. Otherwise, statutory provisions apply.
The version of these General Terms and Conditions valid at the time of contract conclusion shall apply. The current version is available on the website of the Company and may be downloaded there.
XI. CONSUMER DISPUTE RESOLUTION
We declare that in the event of legal disputes with consumers (§ 13 BGB) we are willing to participate in consumer dispute resolution proceedings in accordance with the Consumer Dispute Resolution Act (VSBG). The competent consumer dispute resolution body is:
Universalschlichtungsstelle des Bundes
Zentrum für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
Phone: +49 7851 79579-40
Fax: +49 7851 79579-41
E-mail: mail@universalschlichtungsstelle.de
Website: www.universalschlichtungsstelle.de
Annaberg-Buchholz, 12 August 2025
AnnaSascha Turmhaus gGmbH
