Terms and Conditions & Package Tour Law

SCOPE OF APPLICATION

These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging, as well as to all other services and supplies provided by the hotel to the guest in this context (hotel accommodation contract). The term “hotel accommodation contract” encompasses and replaces the following terms: lodging contract, guest accommodation contract, hotel contract, and hotel room contract.

Subletting or subleasing the rooms provided, as well as using them for purposes other than lodging, requires the hotel’s prior written consent; the right to terminate the agreement pursuant to § 540, paragraph 1, sentence 2 of the German Civil Code (BGB) is hereby waived.

The customer’s general terms and conditions apply only if this has been expressly agreed in writing.

CONTRACT EXECUTION, PARTNERS

The contracting parties are the hotel and the customer. The contract is formed when the hotel accepts the customer’s request. If the booking is made through the hotel’s own website, the contract is formed when the customer clicks the “BOOK WITH PAYMENT OBLIGATION” button.

SERVICES, PRICES, PAYMENT, SETOFF

The hotel is obligated to keep the rooms booked by the guest available and to provide the agreed-upon services.

The guest is obligated to pay the hotel’s agreed-upon or applicable rates for the room and any additional services the guest has utilized. This also applies to services ordered by the guest directly or through the hotel that are provided by third parties and paid for in advance by the hotel.

The agreed-upon prices include all taxes and local fees in effect at the time the contract is concluded. They do not include local fees that the guest is required to pay directly under applicable local law, such as a visitor’s tax.

In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months.

If payment upon receipt of an invoice has been agreed upon, payment must be made—unless otherwise agreed—within ten days of receipt of the invoice, without any deductions.

The hotel is entitled to require the customer to make a reasonable advance payment or provide security, such as a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract. In the event of a delay in payment by the customer, the statutory provisions apply.

In justified cases—such as a customer’s delinquency in payment or an expansion of the scope of the contract—the hotel is entitled, even after the contract has been concluded and up until the start of the stay, to demand an advance payment or security deposit as defined in the preceding paragraphs.or to demand an increase in the advance payment or security deposit agreed upon in the contract up to the full agreed-upon compensation.

The hotel is also entitled to require the guest, at the beginning of and during the stay, to make a reasonable advance payment or provide security for existing and future claims arising from the contract, unless such payment or security has already been provided in accordance with a preceding paragraph.

The customer may only set off or offset a claim against a claim by the hotel if the customer’s claim is undisputed or has become final and binding.

The customer agrees that the invoice may be sent to him electronically.

FAILURE TO USE THE HOTEL’S SERVICES (“NO SHOW”)

The customer may unilaterally terminate the contract entered into with the hotel only if a right of withdrawal has been expressly agreed upon in the contract or if a statutory right of withdrawal or termination exists.

If a deadline for free withdrawal from the contract has been agreed upon between the hotel and the customer, the customer may withdraw from the contract by that deadline without triggering any claims for payment or damages by the hotel. The customer’s right to cancel expires if the customer does not exercise this right in writing with the hotel by the agreed-upon date.

If a right of withdrawal has not been agreed upon or has already expired, and there is also no statutory right of withdrawal or termination, the hotel retains the right to the agreed-upon compensation despite the service not being used. The hotel must offset any revenue from renting the rooms to other guests as well as any expenses saved. If the rooms are not rented to other guests, the hotel may apply a flat-rate deduction for expenses saved. In this case, the customer is obligated to pay 90% of the contractually agreed-upon price for overnight stays with or without breakfast, as well as for package deals including third-party services; 70% for half-board arrangements; and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise in the amount claimed.

CANCELLATION BY THE HOTEL

If it has been agreed that the customer may withdraw from the contract free of charge within a specified period, the hotel is, for its part, entitled to withdraw from the contract during this period if it receives inquiries from other customers regarding the rooms booked under the contract and the customer, upon being contacted by the hotel and given a reasonable deadline, does not waive their right to withdraw. This applies mutatis mutandis when an option has been granted, if other inquiries are received and the customer, upon inquiry by the hotel with a reasonable deadline set, is not willing to make a firm reservation.

If an agreed-upon or required advance payment or security deposit is not made even after the expiration of a reasonable grace period set by the hotel, the hotel is also entitled to terminate the contract.

Furthermore, the hotel is entitled to terminate the contract for cause if there is an objectively justified reason, in particular if
– force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
– rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material may be the identity of the customer, the ability to pay or the purpose of the stay;
– the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
-the purpose or reason for the stay is unlawful;

The hotel’s justified cancellation does not entitle the guest to claim damages. If, in the event of a cancellation, the hotel has a claim for damages against the guest, the hotel may calculate such damages as a lump sum.

ROOM PREPARATION, HANDOVER, AND RETURN

The customer has no right to be provided with specific rooms, unless this has been expressly agreed upon in writing.

Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed-upon arrival date. The customer is not entitled to earlier check-in unless this has been agreed upon and confirmed in writing.

On the agreed-upon departure date, guests must vacate their rooms and make them available to the hotel by 12:00 p.m. at the latest. Thereafter, due to the late vacating of the room and its use beyond the terms of the contract, the hotel may charge % of the full room rate (as listed in the price schedule) until 6:00 p.m., and 90% after 6:00 p.m. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel incurred no charge for use of the room or a significantly lower charge.

HOTEL LIABILITY

The hotel is liable for damages resulting from injury to life, body, or health for which it is responsible. Furthermore, the hotel is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of the hotel’s obligations typical to the contract. Obligations typical of the contract are those obligations that make the proper performance of the contract possible in the first place and on the fulfillment of which the guest relies and is entitled to rely. A breach of duty by the hotel is deemed equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the customer. The customer is obligated to do everything that can reasonably be expected of them to resolve the disruption and minimize any potential damage.

The hotel is liable to the guest for items brought onto the premises in accordance with statutory provisions. The hotel recommends using the hotel or in-room safe. If the guest wishes to bring in cash, securities, and valuables worth more than 800 euros or other items worth more than 3,500 euros, a separate storage agreement with the hotel is required.

To the extent that a parking space in the hotel parking lot is made available to the guest—even for a fee—this does not constitute a contract of safekeeping. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel shall be liable only in accordance with the preceding paragraphs.

Wake-up calls are handled by the hotel with the utmost care. Messages for guests are handled with care. The hotel may, upon prior agreement with the guest, accept, store, and—upon request—forward mail and packages for a fee. The hotel’s liability in this regard is limited to the provisions of the preceding paragraphs.

FINAL PROVISIONS

Any amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions are invalid.

If the customer is a merchant or a legal entity under public law, the exclusive venue for legal proceedings shall be Seevetal.

However, the hotel may optionally sue the customer at the customer’s registered office. The same shall apply in each case to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.

German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

Dispute Resolution
The hotel does not participate in dispute resolution proceedings before consumer arbitration boards.