General terms and conditions

General Terms & Conditions

The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as the reference.

1 Scope

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.

Dear Guest,

To make the use of our internet access as easy and secure as possible, we kindly ask you to observe the following basic rules:

1. Permission to Use the Wireless Internet Access

The operator provides a wireless internet connection (Wi-Fi) at the Apartment-Hotel Timmendorfer Strand (Brigitte von Oven GmbH & Co. KG), Strandallee 166, 23669 Timmendorfer Strand. The operator offers the user the opportunity to share this internet access via Wi-Fi for the duration of their stay. The user is not permitted to allow third parties to use the Wi-Fi. The operator is neither able nor obligated to guarantee the actual availability, suitability, or reliability of this internet access for any purpose, including bandwidth. The operator may allow additional users at any time and may restrict or completely revoke the user’s access in full, partially, or temporarily. The operator especially reserves the right to block access to certain websites or services via the Wi-Fi at any time at their reasonable discretion.

2. Access Credentials

The use of our internet access is limited to the duration of your stay at the hotel. Access is granted through the entry of a password, which must not be shared with third parties. If you have questions or issues with internet access, our reception will be happy to assist you. The operator may change or limit these access credentials at any time. In such cases, new credentials can be requested by the user. The user agrees to keep their credentials strictly confidential.

3. User Responsibility

The user is solely responsible for all data transmitted via the Wi-Fi, for any services used, and for any legal transactions conducted via the internet. If the user makes use of third-party services through the Wi-Fi, they bear all resulting costs. The user agrees to comply with applicable laws when using the Wi-Fi. In particular, the user agrees:

a) not to unlawfully copy, distribute, or make copyrighted works publicly accessible—especially when using file-sharing programs or similar platforms;

b) not to use the Wi-Fi to access or distribute immoral or illegal content;

c) to comply with youth protection regulations;

d) not to transmit or spread offensive, defamatory, or threatening content;

e) not to use the Wi-Fi to send spam or other forms of unauthorized advertising.

4. Limitation of Liability and Indemnification of the Operator

The user indemnifies the operator against all damages and third-party claims resulting from illegal use of the Wi-Fi by the user or by others with the user’s consent. This also applies to damages and claims arising from a violation of this agreement. This indemnification includes all associated costs and expenses. The operator is also to be indemnified from any third-party claims arising from copyright or other legal disputes related to the user’s internet usage.

The user acknowledges that the Wi-Fi only provides internet access. Additional security measures (e.g., antivirus software, firewall) are not provided by the operator. The operator assumes no liability for potential virus infections resulting from internet usage. In particular, the operator assumes no liability for the content of websites accessed or files downloaded. Data transmitted over the Wi-Fi is encrypted using WPA2 to prevent misuse or third-party access. The operator does not monitor or review accessed content. Use of the Wi-Fi is at the user’s own risk. The operator accepts no liability for damages to the user’s devices or data unless such damages were caused intentionally or through gross negligence by the operator or its agents.

5. Data Protection

a) We ensure that your personal data is collected, stored, and processed only to the extent necessary to provide our contractual services, and only if legally permitted or required by law.

b) If, during the use of our services, we request your consent under data protection law, you are informed that you may revoke such consent at any time with future effect.

c) To provide hotspot services, it is necessary to use personal data from your device. In this context, the MAC addresses of devices may be stored temporarily. We may also log (“logfiles”) the type and extent of use for the duration of the connection. These logs cannot be directly linked to your personal identity.

6. ADDITIONAL INFORMATION

A. Use a browser with 128-bit SSL encryption
Current versions of common browsers (Microsoft Internet Explorer, Apple Safari, Mozilla Firefox, or Opera) support this standard.

B. Protect your computer with up-to-date antivirus software and a firewall
Install antivirus software and update it regularly. Ensure that your device is free from viruses, worms, Trojans, and backdoors. We recommend installing a firewall and anti-spyware software and keeping them updated. Please note that we only provide internet access and do not offer virus protection or firewall services.

C. Keep your operating system up to date
Install updates and patches for your operating system promptly and regularly.

D. Protect your data in case your device is lost
Secure your device and important files with passwords, and change them regularly. Do not store passwords on your hard drive. Only allow trusted individuals to use your device. We recommend making regular backups of your data.

E. Restart your browser in case of connection errors
If you experience connectivity issues, please close your browser and restart it. Make sure your password is entered correctly. Please close your browser after finishing your internet session.

F. Be cautious with unknown files or email attachments
Do not open files of unknown origin or files you did not request.

G. Do not visit websites with illegal or criminal content
This applies especially to sites promoting hate speech or child pornography, sites that incite crimes, glorify or trivialize violence, or those that pose a moral threat to minors.

H. Do not participate in illegal or disreputable file-sharing networks
When downloading or uploading files—especially music, movies, or images—always consider copyright laws. Copyright violations may result in significant claims for damages.

I. Violation of usage instructions
If you violate these usage rules or if we have reasonable suspicion of such a violation, we reserve the right to restrict or block your internet access. We accept no liability for data loss in such cases.

J. Acceptance of Terms of Use
By connecting to the Wi-Fi and using the internet, the above terms of use are accepted without reservation.