1 SCOPE OF APPLICATION
1.1 These Terms and Conditions shall apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract).
The term “hotel accommodation contract” includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract, Hotel Room Contract.
1.2 The subleasing or re-leasing of the rooms provided as well as their use for other than accommodation purposes
require the prior approval of the hotel in text form, whereby § 540 para.
1 sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer within the meaning of Section 13 of the German Civil Code (BGB).
1.3 The customer’s general terms and conditions of business shall only apply if this has been previously
agreed in advance in text form.
2 CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
2.1 Contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the
the customer 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 start of the statutory limitation period.
This does not apply to claims for damages and other claims, insofar as the claims are based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services ordered by the
customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract.
Not included are local taxes, which are owed by the guest according to the respective local law.
owed by the guest, such as city tax.
In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local
taxes on the subject of performance after conclusion of the contract, the prices will be adjusted accordingly.
In the case of contracts with consumers, this shall apply only if the period between the conclusion of the contract
and fulfillment of the contract exceeds four months.
3.4 The hotel may withdraw its approval of a subsequent change requested by the customer to reduce the
number of rooms booked, the hotel’s services or the duration of the customer’s stay, provided that the price for the rooms and/or for the other services of the hotel to be increased appropriately.
3.5 Invoices of the hotel are due for payment immediately upon receipt. If payment on invoice was
agreed, payment shall be made within ten days of receipt of the invoice.
3.6 The hotel is allowed 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 can be agreed in text form in the contract. For advance payments
or security for holiday packages, the statutory provisions remain unaffected.
In the event of delay in payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, for example payment delays of the customer or extension of the scope of the contract,
the hotel is entitled, even after the conclusion of the contract until the beginning of the stay, to demand an advance payment
or security deposit within the meaning of Section 3.6 above or to increase the advance payment or security deposit
agreed in the contract up to the full agreed payment.
3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of Section 3.6 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above
3.6 and/or 3.7 above.
3.9 The customer may only claim an undisputed or legally binding claim against the hotel.
3.10 The customer agrees that the invoice may be sent to him electronically.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION)/
NO USE OF THE HOTEL’S SERVICES (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
explicitly agreed in the contract, a statutory right of withdrawal exists or if
the hotel expressly agrees to the cancellation of the contract.
4.2 If the hotel and the customer have agreed on a date for the withdrawal from the contract free of charge
the customer can withdraw from the contract until then without triggering claims for payment or damages of the hotel.
4.3 If a right of withdrawal has not been agreed upon or has already expired, there is also no statutory right of withdrawal or
cancellation and the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the
to the agreed remuneration despite the non-utilization of the service. The hotel has the income
from renting the rooms to other parties as well as the saved expenses.
If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price
for overnight stays 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
that the aforementioned claim has not arisen or has not arisen in the required amount.
5 CANCELLATION BY THE HOTEL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract within this period,
if there are requests from other customers for the contractually booked rooms and the customer, upon inquiry by the
customer does not waive his right to withdraw from the contract within a reasonable period of time. This
applies accordingly when an option is granted, if other inquiries exist and the customer is not prepared to make a booking when asked by the hotel and given a reasonable period of time.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after expiry of a reasonable extension of time 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 without notice for an objectively justified reason,
in particular if
- circumstances for which the hotel is not responsible make it impossible to fulfill the contract.
- rooms are booked with misleading or false information; significant facts may be the identity of the customer or the customer’s, the ability to pay or the purpose of the stay;
- the hotel has justified reason to believe that the use of the service could jeopardize the smooth operation of the business, the safety or the reputation of the hotel in the public
without this being the fault of the hotel’s 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 any right to the provision of specific rooms, unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 12:00 p.m. on the agreed day of arrival. The
customer has no right to earlier provision.
6.3 On the agreed departure day, the rooms must be handed over to the hotel and made available by 10:00 am at the latest.
Thereafter, the hotel may charge 50% of the full accommodation price (price corresponding to the
use of the room in excess of the contract until 6:00 p.m. 50% of the full accommodation price (price according to the price list)
from 18:00 o’clock 90%. Contractual claims of the customer are not justified.
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. Furthermore, it shall be liable for any other damage resulting from an intentional or grossly negligent
breach of duty on the part of the hotel or an intentional or negligent breach of obligations
typical contractual obligations of the hotel. Typical contractual obligations are those obligations that
the proper performance of the contract and on the fulfillment of which the customer trusts and may trust in their fulfillment. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative
or vicarious agent shall be deemed equivalent to a breach of duty on the part of the hotel. Further claims for damages are excluded, unless otherwise provided for in this clause 7.
In the event of disruptions or defects in the hotel’s services, the hotel shall be liable for immediate remedy. The customer is obligated to contribute what he can reasonably be expected to do in order to eliminate the disruption
and to minimize any possible damage.
7.2 The hotel shall be liable to the customer for items brought into the hotel in accordance with the legal regulations. The
hotel recommends the use of the hotel or room safe. If the customer brings in money, securities
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 As far as the customer is provided with a parking space in the hotel garage or in the hotel parking lot, also against payment, this shall not establish a storage contract. In the event of loss
or damage to motor vehicles parked or maneuvered on the hotel’s property and the contents thereof
the hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.
7.4 Wake-up orders are executed by the hotel with the utmost care.
Messages for the customers will be handled with care. The hotel may, after prior consultation, may accept, store and – upon request and against payment – forward mail and
mail and merchandise shipments for a fee. The hotel shall be liable in this respect only in accordance with the foregoing
Section 7.1, sentences 1 to 4.
8 FINAL TERMS
8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions of Business
shall be made in text form. Unilateral amendments or supplements shall be invalid.
8.2 Place of performance and payment as well as exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange
– is Cuxhaven. If the customer fulfills the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure)
and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Cuxhaven.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4 In accordance with the legal obligation, the Hotel draws attention to the fact that the European Union has established an online platform for the extrajudicial settlement of consumer disputes (“OSPlatform”): http://ec.europa.eu/consumers/odr/
However, the Hotel does not participate in dispute resolution proceedings with consumer protection authorities.