General Terms and Conditions

General Terms and Conditions for Accommodation at the Kreuzjochhaus

Scope of Application

1.1. These terms and conditions apply to all contracts for accommodation at the Kreuzjochhaus, Kreuzeck 4, 82467 Garmisch-Partenkirchen, operated by Kreuzjochhaus GmbH (hereinafter also referred to as "Kreuzjochhaus"), as well as all other services provided to the guest by the Kreuzjochhaus (hotel accommodation contract).

1.2. Any differing, conflicting, or supplementary terms and conditions of the guest shall not become part of the contract unless their validity is expressly agreed to.

1.3. Individual contractual agreements take precedence over these General Terms and Conditions.

Conclusion of Contract, Contracting Parties, Statute of Limitations

2.1. The contract is concluded upon acceptance (booking confirmation) of the offer submitted to the customer by the customer.

2.2. The offer from the Kreuzjochhaus may be submitted to the customer in writing, orally, by telephone, or electronically. Acceptance by the customer does not require any specific form to be effective. However, Kreuzjochhaus regularly sends a reservation confirmation in written form in every case.

2.3. The contracting parties are Kreuzjochhaus and the guest. If a third party has booked for the guest, that third party is jointly and severally liable to Kreuzjochhaus with the guest for all obligations arising from the accommodation contract, provided Kreuzjochhaus has received a corresponding declaration from the third party.

2.4. The transfer or subletting of the premises to a third party, as well as their use for purposes other than those agreed upon in the contract, or, in the case of hotel rooms, for accommodation purposes in the absence of an agreement, requires the prior written consent of Kreuzjochhaus. Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is waived, unless the customer is a consumer. The customer's liability for the third party is governed by Section 540 Paragraph 2 of the German Civil Code (BGB).

2.5. The statute of limitations for the customer's claims for reimbursement of expenses or for permission to remove equipment is governed by Section 548 Paragraph 2 of the German Civil Code (BGB). All other claims against the Kreuzjochhaus generally expire one year from the commencement of the regular limitation period under Section 199 Paragraph 1 of the German Civil Code (BGB), which is dependent on knowledge of the claim. Claims for damages, notwithstanding Section 199 Paragraphs 2 and 3 of the German Civil Code (BGB), expire after five years, regardless of knowledge of the claim, unless they are based on injury to life, body, health, or freedom. These claims for damages expire after ten years, regardless of knowledge of the claim. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the Kreuzjochhaus.

Services, Prices, Payments, Offsetting

3.1. The Kreuzjochhaus is obligated to provide the rooms booked by the guest and to render the agreed-upon services. The Kreuzjochhaus is entitled to reassign booked accommodations if the customer does not take possession of them as agreed in the contract or – if no explicit agreement has been made – by 6:00 p.m. on the day of arrival, unless a later check-in time has been agreed upon, the accommodations have already been paid for in full in advance, or the Kreuzjochhaus has been provided with a credit card guarantee that allows for the agreed price to be charged even in the event of a no-show.

3.2. The guest is obligated to pay the Kreuzjochhaus's applicable or agreed-upon prices for the room rental and any additional services used. This also applies to services and expenses incurred by the Kreuzjochhaus on behalf of the guest with third parties.

3.3. All payments are due in euros. All prices include taxes and local charges applicable at the time of booking. Local charges that are the customer's responsibility under applicable municipal law, such as tourist tax, are not included.

3.4. If the period between the conclusion of the contract and its fulfillment exceeds four months and the price generally charged by Kreuzjochhaus for such services increases, Kreuzjochhaus may raise the contractually agreed price appropriately, but by no more than 10%. The increase must be communicated at least four weeks before the start of the planned stay. In this case, the customer is entitled to withdraw from the booking within two weeks.

3.5. Kreuzjochhaus may make its consent to a change in the number of rooms booked or the length of stay requested by the guest after the conclusion of the contract conditional upon an increase in the accommodation price.

3.6. Invoices from Kreuzjochhaus without a due date are payable within 10 days of receipt without deduction. Kreuzjochhaus is entitled to demand immediate payment of any outstanding amounts at any time. In the event of late payment, the Kreuzjochhaus is entitled to charge the applicable statutory default interest unless the guest proves a lesser loss or the Kreuzjochhaus proves a greater loss. Any claims for damages by the Kreuzjochhaus remain unaffected.

3.7. The Kreuzjochhaus is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract.

3.8. The guest may only assert a right to refuse performance or a right of retention due to a counterclaim that arises from the same contractual relationship. If the customer is not a consumer, they are not entitled to withhold payments to the Kreuzjochhaus based on alleged warranty rights, in particular a possible right to a price reduction; in this case, the customer retains the right to claim repayment based on unjust enrichment or damages in accordance with the contract. Offsetting against counterclaims is only permissible if the counterclaim is undisputed by Kreuzjochhaus, acknowledged, or has been legally established by a court.

Customer Cancellation

4.1. The customer may, in principle, cancel the contract at any time after its conclusion, provided that cancellation is declared before the booked start of the stay (day of stay/arrival). Kreuzjochhaus thereby loses its claim to the agreed price but may demand reasonable compensation, which, if applicable, is determined as follows depending on the time of cancellation:

- No compensation is charged for cancellations up to 180 days before the booked start of the stay (day of arrival);

- For cancellations between 179 and 90 days before the booked start of the stay (day of arrival): 10% of the agreed total exclusive rental price;

- For cancellations between 89 and 60 days before the booked start of the stay (day of arrival): 25% of the agreed total exclusive rental price;

- For cancellations made between 59 and 30 days prior to the booked arrival date: 50% of the total agreed exclusive rental fee;

- For cancellations made between 29 and 7 days prior to the booked arrival date: 80% of the total agreed exclusive rental fee;

- For cancellations made between 6 days and the booked arrival date: 100% of the total agreed exclusive rental fee. In addition, Kreuzjochhaus reserves the right to charge reasonable compensation for any food and beverages already provided or procured.

The guest has the right to prove that Kreuzjochhaus incurred no damage or less damage than the aforementioned cancellation fees. If the Kreuzjochhaus calculates the compensation specifically, the amount of compensation will not exceed the contractually agreed price for the services to be provided by the Kreuzjochhaus, less the value of the expenses saved by the Kreuzjochhaus and any revenue the Kreuzjochhaus earns from alternative uses of its services.

4.2. The guest's right to terminate the contract based on further statutory rights of withdrawal beyond the provisions of section 4.1 remains unaffected.

4.3. Changes and/or cancellations must be in writing.

4.4. Travel cancellation insurance is recommended.

Cancellation by the Kreuzjochhaus

5.1. If the guest has been granted a free right of cancellation according to section 4.2, the Kreuzjochhaus is also entitled to cancel the contract within the agreed period if other guests inquire about the booked rooms and the guest does not waive their free right of cancellation according to section 4.2 upon inquiry from the hotel.

5.2. If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the Kreuzjochhaus, the Kreuzjochhaus is entitled to cancel the contract.

5.3. Furthermore, the Kreuzjochhaus is entitled to terminate the contract without notice for objectively justified reasons, in particular if:

- Force majeure or other circumstances beyond the control of the Kreuzjochhaus make performance of the contract impossible,

- Rooms are booked culpably under misleading or false pretenses or by withholding essential facts,

- the Kreuzjochhaus has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety, or the public image of the Kreuzjochhaus, without this being due to the actions of the owner or the organization.The Kreuzjochhaus is entitled to withdraw from the contract if:

- the purpose or reason for the stay is unlawful.

5.4. The Kreuzjochhaus must inform the customer of the exercise of the right of withdrawal without undue delay.

5.5. The justified withdrawal by the Kreuzjochhaus does not entitle the guest to compensation.

Room Availability, Check-in, and Check-out

6.1. The guest does not acquire any right to the provision of specific rooms unless this has been expressly agreed upon.

6.2. Booked rooms are available to the guest from 3:00 p.m. on the agreed arrival date. The guest is generally not entitled to earlier access.

6.3. On the agreed departure date, the rooms must be vacated and made available to the Kreuzjochhaus by 12:00 p.m. at the latest. Otherwise, the Kreuzjochhaus may charge an exclusive daily rental fee, as the house will no longer be available for exclusive bookings for that day. Regarding claims for damages, the customer is free to prove that the Kreuzjochhaus suffered no damage or only minor damage due to the delayed check-out.

Special Features, Notes, Terms of Use

7.1. Catering: When booking the entire Kreuzjochhaus, catering is available after midnight by prior arrangement; however, from 1:00 a.m. onwards, a flat fee of EUR 245.00 per commenced hour will be charged for catering services.

7.2. Arrival and Departure: Arrival and departure to the accommodation, i.e., the Kreuzjochhaus itself, are at the guest's own risk. The Kreuzjochhaus points out that the accommodation, i.e., the Kreuzjochhaus, is located at an altitude of 1,600 m and is generally only accessible via the Kreuzeckbahn cable car. Guests are specifically advised that it is therefore essential to check the opening hours of the Kreuzeckbahn cable car in advance of their arrival and departure. The exact opening hours of the Kreuzeckbahn can be found at www.zugspitzbahn.de. Ascending the mountain on foot is only recommended for experienced mountaineers and only with appropriate alpine equipment, especially in winter and during difficult weather conditions. Suitable equipment, particularly sturdy footwear, is required in all cases, including when arriving and departing via the Kreuzeckbahn cable car.

7.3. Smoking (including e-cigarettes, etc.) is strictly prohibited throughout the entire Kreuzjochhaus. Violations may trigger a false alarm or, in the worst case, lead to a fire. The person responsible will be liable for any costs incurred due to a cigarette. Smoking is permitted outdoors, but please use the ashtrays provided.

7.4. The following rules apply to the use of the other facilities, including the Finnish sauna (panoramic sauna), the infrared cabin, the outdoor whirlpool, and the cold plunge pool (hereinafter referred to as the wellness area). These terms of use serve to ensure safety, order, and cleanliness throughout the entire wellness area and are binding for all visitors.

- Guests must comply with the regulations of the Kreuzjochhaus and its staff regarding safety, order, and cleanliness. Guests must be aware of the existing risk of accidents in the wet areas of the wellness area and wear non-slip footwear. Bags, towels, or other items must not be placed in front of ventilation shafts, doors, or emergency exits. Users of the wellness area must behave quietly out of consideration for other guests.

- The wellness area must be treated with care. In case of misuse or damage, the guest is liable for the resulting costs. For any soiling caused by negligence, the Kreuzjochhaus charges a flat cleaning fee of EUR 250.00, unless the guest proves a lesser loss or the Kreuzjochhaus proves a greater loss.

- Guests must refrain from any behavior that violates common decency or disrupts safety, peace, and order.

- The wellness area may be operated as a clothing-optional zone if specifically designated as such by the Kreuzjochhaus. Even if this is the case, the wellness area is not designated for nudity. Unless otherwise instructed by the Kreuzjochhaus or its staff, guests must put on bathrobes no later than after using the wellness area.

- There is no entitlement to a seat or lounger. Guests are prohibited from reserving seats or loungers with towels, beach bags, or other items. If such items are placed on seats or loungers for this purpose, the Kreuzjochhaus staff is authorized to remove them.

- All guests are required to thoroughly clean themselves in the shower area before entering the special facilities and to dry themselves before entering the sauna and infrared cabin. Soap and other personal care products may only be used in the shower area.

- Guests are strongly advised to refrain from bringing jewelry or delicate fabrics into the special facilities. These items may become discolored or damaged.

- In the sauna area, the seating and reclining surfaces must be covered with a sufficiently large towel before use.

- Guests may not use their own sauna infusions.

- Guests must exercise particular caution when using the sauna, both for themselves and for others. This applies especially to the high room temperatures, the heat sources, the potentially limited visibility, and the seating arrangement.

- No glasses or porcelain may be brought into the wellness area. Guests may use the provided plastic drinking glasses (located in the wellness area).

7.4.2. Access

- The Kreuzjochhaus may restrict the use of the wellness area, in whole or in part, at any time for reasons of renovation, cleaning, or remodeling.

- Access is not permitted for:

a) Persons under the influence of intoxicating substances,

b) Persons accompanied by animals,

c) Persons suffering from a notifiable communicable disease (in case of doubt, a medical certificate may be required), open wounds, skin rashes, or infectious diseases.

d) Persons prone to fainting spells or seizures.

Minors up to and including 15 years of age are not permitted access to the wellness area. All other minors or persons who require assistance with mobility due to a physical or mental impairment or who are subject to supervision may only use the special facilities if accompanied by an adult supervisor who is not subject to comparable impairments.

7.4.3. Massage Services

- The massage services offered are for relaxation purposes only and do not replace medical or pharmaceutical treatment or comparable treatments by a naturopathic practitioner.

- Individuals with physical conditions that preclude massage are not permitted to receive massages. Such conditions include, in particular, unhealed bone fractures, herniated discs, injuries to the muscles or musculoskeletal system, as well as common illnesses and infectious diseases. The same applies to individuals under the influence of alcohol, medication, or other intoxicating substances.

- Individuals wishing to receive massage services must fully inform the Kreuzjochhaus staff of any conditions listed in the previous paragraph before the massage begins, even if these conditions have already healed. Furthermore, guests must inform the Kreuzjochhaus staff of any physical symptoms that may preclude the use of specific massage services, especially areas of skin that are sensitive to pain or pressure, pregnancy, and allergies. Failure to provide this information will result in the guest receiving the massage services at their own risk.

Liability

8.1. Any claims for damages, regardless of their legal basis, arising directly or indirectly in connection with the services, are excluded.

8.2. This exclusion of liability does not apply to breaches of essential contractual obligations (cardinal obligations). Cardinal obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the guest, as a contractual partner, regularly relies and may rely; in other words, rights and obligations that the contract, according to its content and purpose, is specifically intended to grant.

8.3. Liability is limited to compensation for typical, foreseeable damages. Kreuzjochhaus is entitled in any case to prove that the actual damages are less.

8.4. Should disruptions or defects occur in the services provided by Kreuzjochhaus, Kreuzjochhaus will endeavor to remedy the situation upon becoming aware of the issue or upon receiving immediate notification from the guest. The guest is obligated to contribute what is reasonable to remedy the disruption and minimize any potential damage.

8.5. The Kreuzjochhaus is liable for damages arising from the operation of the wellness area only if the facilities are operated reliably and in a manner acceptable to guests who have access according to section 7.4.2. Furthermore, the guest is responsible for ensuring that their well-being in the wellness area and during massage services is positively assessed as early as possible, taking into account their individual physical and mental condition.to check and, if necessary, to immediately end their stay in the special facilities or to discontinue the massage.

8.6. No liability is assumed for discoloration, soiling, or damage to jewelry and textiles caused by infusions, scrubs, or creams, provided these were applied or performed correctly.

8.7. The Kreuzjochhaus is liable to the guest for items brought onto the premises in accordance with statutory provisions, up to a maximum of EUR 3,500.00, and for money, securities, and valuables up to EUR 800.00. Money, securities, and valuables can be stored in the Kreuzjochhaus safe up to a maximum value of EUR 500.00. The Kreuzjochhaus recommends making use of this option. Liability claims expire if the guest does not immediately notify the Kreuzjochhaus upon becoming aware of any loss, destruction, or damage (§ 703 BGB).

8.8. The Kreuzjochhaus has taken all necessary measures to prevent the spread of the SARS-CoV-2 virus (commonly known as the coronavirus) as far as possible. The safety plan was developed taking into account the needs of employees and guests, and in compliance with applicable laws and occupational health and safety regulations. All cleaning procedures have been intensified, and all employees have been trained in strict hygiene guidelines. The cleaning and disinfection methods used at the Kreuzjochhaus have been reviewed and optimized to reflect the current situation.

The Kreuzjochhaus points out that the implementation of all hygiene and safety measures does not guarantee 100% protection against infection with the SARS-CoV-2 virus. Therefore, the Kreuzjochhaus cannot accept liability for any guest infection with the coronavirus or illness resulting from COVID-19.

September 8 The guest is aware that, due to regulations, general decrees, or administrative acts to combat or prevent the spread of the SARS-CoV-2 virus, or for similar serious reasons of force majeure (external circumstances beyond the hotel's control), the Kreuzjochhaus may be unable to operate fully or partially, and the corresponding services may not be available to the guest. In such cases, the hotel is not in breach of contract. This applies regardless of when the regulation, general decree, or administrative act is issued. The Kreuzjochhaus is obligated to inform the guest of the commencement and expected duration of any such administrative act. Regulations and general decrees applicable to the Kreuzjochhaus are announced and published by the legislature.

In the event that the Kreuzjochhaus is prevented from fulfilling its contractual obligations for the aforementioned reasons, the Kreuzjochhaus is entitled to adjust its services to the extent reasonable and in accordance with the applicable legal framework. The guest may only refuse such adjustments for a valid reason. If hotel operations are completely prohibited, the hotel is entitled to offer the guest an alternative travel date. If the parties cannot agree on an alternative date for a valid reason, both parties are entitled to withdraw from the affected contract free of charge by providing written notice.

Concerns on the part of the guest or mere official recommendations to refrain from tourist travel do not constitute grounds for a free cancellation. In this respect, it should be taken into account that the guest made their booking with knowledge of the existing Covid-19 pandemic.

8.10. The exclusions and limitations of liability in these Terms and Conditions also do not apply to damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the Kreuzjochhaus or by one of its legal representatives or agents. The exclusions and limitations of liability in these Terms and Conditions do not apply to other damages resulting from an intentional or grossly negligent breach of duty by Kreuzjochhaus, its legal representatives, or its agents, or if the other damage arose from the absence of a guaranteed characteristic or from the fraudulent concealment of a defect.

8.11. The provisions of the Product Liability Act remain unaffected by these exclusions and limitations of liability.

Data Protection

9.The EU General Data Protection Regulation (GDPR) serves to protect the right to privacy of personal data. We process guest data exclusively on the basis of the legal provisions (GDPR). Kreuzjochhaus collects guest data, which is stored in machine-readable form and processed within the scope of the purpose of the guest's contractual relationship.For further details, please refer to the data protection regulations, which are available in printable form at any time on the website www.kreuzjochhaus.de under the "Data Protection" button.

Final Provisions

10.1. Amendments or additions to the contract, the acceptance of the application, or these terms and conditions must be made in writing. Unilateral amendments or additions by the guest are invalid. Should individual provisions of these General Terms and Conditions for Kreuzjochhaus accommodation be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.

10.2. The business relationship arising from and in connection with this contract is governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

10.3. If the guest is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the court with jurisdiction at the registered office of the Kreuzjochhaus, unless an exclusive place of jurisdiction applies. However, the Kreuzjochhaus is also entitled to bring legal action against the merchant at the court of their domicile or place of business.

10.4. If the guest has moved their domicile or habitual residence abroad, or if their domicile or habitual residence is unknown at the time legal action is initiated, the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is the registered office of the Kreuzjochhaus. However, the Kreuzjochhaus is also entitled to bring legal action at the guest's general place of jurisdiction.