Terms and Conditions
Hotel Accommodation Agreement
- These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided for the customer by the respective hotel "Hafenresidenz" (hereinafter referred to as "hotel"). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
- The subletting or re-letting 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.
- The customer's general terms and conditions only apply if this has been expressly agreed in writing beforehand.
- Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of §§ 13, 14 BGB.
II. CONCLUSION OF CONTRACT, PARTNERS; STATUTE OF LIMITATIONS
- The contract is formed when the hotel accepts the customer's application. If the hotel makes a binding offer to the customer, the contract is concluded when the customer accepts the hotel offer. The room booking should be confirmed in text form.
- The contractual partners are the hotel and the customer. If a third party has ordered for the customer, the customer is liable to the hotel together with the third party as joint debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
- All claims of the customer or the third party against the hotel expire in principle in 1 year from the beginning of the knowledge-dependent regular limitation period in the sense of § 199 paragraph 1 BGB. However, claims for damages against the hotel become time-barred no later than 3 years, depending on knowledge, and no later than 10 years, independent of knowledge, from the breach of duty. These reductions in the limitation period do not apply ... - to claims that are caused by intent or gross negligence on the part of the hotel - including its vicarious agents. – in the case of damage to life, limb or health caused by negligence. In the case of property damage and financial loss caused by negligence, the shortened limitation periods do not apply in the event of a breach of a material contractual obligation. Significant contractual obligations are those whose fulfillment characterizes the contract and on which the customer can rely.
III. SERVICES, PRICES, PAYMENTS, OFFSET
- The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
- The customer is obliged to pay the applicable or agreed hotel prices for rooms provided and for other services used. This also applies to services and expenses of the hotel arranged by the customer for third parties. The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months.
- The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the length of the customer's stay dependent on the price for the rooms or other hotel services increasing.
- Hotel invoices without a due date are payable within 7 calendar days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default of payment, the hotel is entitled to demand the applicable statutory default interest of currently 9 percentage points or, in the case of legal transactions in which a consumer is involved, of 5 percentage points above the base rate. In addition, the hotel can claim a fee of EUR 5.00 per reminder letter in the event of default. The hotel reserves the right to prove and assert higher damages.
- The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
- In justified cases, e.g. if the customer is in arrears with payment or the scope of the contract has been extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of clause 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration even after the contract has been concluded.
- The customer can only offset a claim from the hotel with an undisputed or legally binding claim.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION)/FAILURE TO USE HOTEL SERVICES (NO SHOW)
- The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, 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 contract cancellation should be made in text form.
- If the hotel and the customer have agreed on an appointment to withdraw from the contract free of charge (option), the customer can withdraw from the contract up to that point without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal to the hotel in text form by the agreed date.
- If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not consent to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented out elsewhere, the hotel can make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and for package deals with third-party services, 70% for half-board and 60% for full-board packages. The customer is free to prove that the claim did not arise or did not arise in the required amount.
- If the hotel calculates the compensation specifically, the maximum amount of compensation is the amount of the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
- The above provisions on compensation apply accordingly if the guest does not use the booked room or services without notifying them in good time (no show).
V. WITHDRAWAL OF THE HOTEL
- If the customer's right to withdraw free of charge within a certain period of time has been agreed in writing, the hotel is also entitled to withdraw from the contract free of charge during this period if there are inquiries from other customers about the contractually booked rooms and the customer responds to the hotel's request within 2 weeks not waived his right to withdraw. If the customer allows this period to pass without doing anything, the hotel is entitled to withdraw.
- If an agreed or according to III. If the advance payment or security deposit required under Section 5 has not been made even after a reasonable period of grace set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if ... - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; – rooms are booked culpably with misleading or false information or the concealment of essential facts (e.g. about the person of the customer, the ability to pay or the purpose of the stay); – the hotel has justified reason to assume that the use of the hotel service can jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel's area of control or organization; – there is a violation of I. Clause 2.
- If the hotel withdraws with justification, the customer is not entitled to compensation.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
- The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed.
- Booked rooms are available to the customer at the earliest from 3 p.m. on the agreed day of arrival. The customer is not entitled to earlier provision.
- 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. After that, in the event of a late vacating of the room or apartment, the hotel can charge 50% of the currently valid daily lodging price for its contractual use up to 6:00 p.m., and then 100% after 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees. In addition, the hotel reserves the right to prove and assert higher damages.
VII. HOTEL LIABILITY
- In the event of damage caused, the hotel is liable in the event of intent and gross negligence - including that of its vicarious agents - in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health. In the event of negligent property damage and financial loss, the hotel and its vicarious agents are only liable if a material contractual obligation is violated, but the amount is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded; Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer can rely. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to rectify the disruption and to keep possible damage to a minimum, and to notify the hotel immediately of any disruptions or damage.
- According to the statutory provisions of §§ 701 et seq. BGB, the hotel is liable to the customer for items brought in up to a maximum of EUR 3,500.00. For money, securities and valuables, the amount of EUR 800.00 takes the place of EUR 3,500.00. If the guest wishes to bring money, securities and valuables with a value of more than EUR 800.00 or other items with a value of more than EUR 3,500.00, this requires a separate storage agreement with the hotel. Storage in the hotel or room safe is generally recommended. For further liability of the hotel, the above regulation of VII. Item 1 applies.
- If the customer is provided with a parking space in the hotel garage or in a hotel car park - even for a fee - this does not result in a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with VII. Item 1.
- Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments for customers are also treated with the utmost care. The hotel takes care of the delivery and storage (each in the hotel) and – on request – the forwarding of the same for a fee. Number 1 above applies accordingly.
VIII. FINAL PROVISIONS
- Changes or additions to the contract, the acceptance of applications or these general terms and conditions for the hotel accommodation contract should be made in text form. Unilateral changes or additions by the customer are invalid.
- The place of fulfillment and payment is the registered office of the respective hotel.
- The exclusive place of jurisdiction - also for disputes over checks and bills of exchange - is Stralsund in commercial transactions. If a contractual partner meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel's registered office.
- German law applies exclusively. The application of the UN sales law and the conflict of laws is excluded.
- Should individual provisions of these general terms and conditions for the hotel accommodation contract be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
Status: August 2018