General terms and conditions
1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “Hotel Accommodation Agreement” shall include and replace the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in advance.
2 Conclusion of contract, contracting parties, limitation period
2.1 Contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages are subject to a limitation period of five years depending on knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages are subject to a limitation period of ten years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3 Services, Prices, Payment, Offsetting
3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and other services used by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices are inclusive of taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes that are owed by the guest according to the respective local law, such as 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.
3.4 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s service or the customer’s length of stay conditional on an increase in the price for the rooms and/or for the hotel’s other services.
3.5 Invoices of the hotel without due date are payable within ten days from receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the Hotel shall be entitled to charge the currently applicable statutory default interest in the amount of 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
3.7 In justified cases, for example payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit in the sense of the above section 3.6 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 Furthermore, the hotel is entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such a payment has not already been made in accordance with clause 3.6 and/or clause 3.7 above.
3.9 The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
4 Withdrawal of the customer (cancellation) / use of the services of the hotel (No Show)
4.1 Withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.
4.2 If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract until then without triggering payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite the non-utilization of the service. The hotel has to take into account the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not otherwise rented out, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
5 Withdrawal of the hotel
5.1 If it was agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded pursuant to Section 3.6 and/or Section 3.7 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, 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;
– there is a violation of the above-mentioned clause 1.2.
5.4 The justified withdrawal of the hotel does not entitle the customer to compensation.
6 Room provision, handover and return
6.1 The customer does not acquire the right to the provision of certain rooms, unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no right to earlier provision.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price (list price) for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. He is at liberty to prove that the hotel has not incurred any or a significantly lower claim for compensation for use.
7 Liability of the hotel
7.1 The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Weiterhin haftet es für sonstige Schäden, die auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung des Hotels beziehungsweise auf einer vorsätzlichen oder fahrlässigen Verletzung von vertragstypischen Pflichten des Hotels beruhen. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause 7.
In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them without delay. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.
7.2 The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 Insofar as a parking space is made available to the customer in the hotel garage or in the hotel parking lot, even for a fee, this does not constitute a custody agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel’s property and their contents, the hotel shall be liable only in accordance with the above Section 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and merchandise shipments for guests are handled with care. The hotel will take care of the delivery, storage and – on request – forwarding of the same against payment. Das Hotel haftet hierbei nur nach Maßgabe der vorstehenden Ziffer 7.1, Sätze 1 bis 4.
8 Final provisions
8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are invalid.
8.2 Place of performance and payment as well as exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – is Timmendorfer Strand for commercial transactions. Erfüllungs- und Zahlungsort sowie ausschließlicher Gerichtsstand – auch für Scheck- und Wechselstreitigkeiten – ist im kaufmännischen Verkehr Timmendorfer Strand.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
8.4 Should individual provisions of these General Terms and Conditions 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.