Terms and conditions
we are pleased to inform you about our general terms and conditions.
I. Scope of application
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 for the customer.
The sub-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II. Conclusion of contract, partner; limitation period
1. The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in writing.
2. The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel shall generally become statute-barred one year after the commencement of the regular limitation period of § 199 (1) of the German Civil Code (BGB), which is dependent on knowledge. Claims for damages shall become statute-barred after five 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.
III. Services, prices, payment, set-off
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer shall be obliged to pay the prices of the hotel applicable or agreed for the provision of the room and the other services used by the customer. This shall also apply to services and expenses of the hotel to third parties arranged by the customer.
3. Option dates are binding for both contracting parties. The hotel reserves the right to let the reserved rooms and function rooms to other parties after expiry of the option dates.
4. The agreed prices include the respective statutory value added tax. If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 5%.
5. The prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel’s services or the length of the guests’ stay and the hotel agrees thereto.
6. Invoices of the hotel without a due date are payable without deduction within 14 days of receipt of the invoice. The hotel shall be entitled to call in accrued claims at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest currently applicable at the rate of 8% or, in the case of legal transactions involving a consumer, at the rate of 5% above the base interest rate. The hotel reserves the right to prove higher damages. 7. The hotel is entitled to cash payment for all services and accordingly has a statutory lien on the guest’s brought-in items. Instead of cash payment, invoices may also be settled by EC card, alternatively by American Express or Mastercard or Visacard credit cards. Credit cards are accepted up to 5.000,00 Euros.
8. 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 may be agreed in writing in the contract.
9. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. Withdrawal of the customer (i. e. countermand / cancellation) / non-utilisation of the hotel’s services
1. Withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract is to be paid even if the customer does not use contractual services. This shall not apply in the event of a breach of the hotel’s obligation to show consideration for the rights, legal assets and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
2. If the hotel and the customer have agreed in writing on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer’s right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract in writing to the hotel by the agreed date, unless a case of withdrawal of the customer according to number 1 sentence 3 exists.
3. In the case of rooms not used by the customer, the hotel shall credit the income from renting the rooms to other parties as well as the saved expenses.
4. In the case of changes / or cancellations of reserved hotel rooms, function rooms, or packages the following will be charged:
– Up to 10 weeks before arrival: No costs
– Up to 8 weeks before arrival: A maximum of 25% of the reserved rooms can be cancelled free of charge. Cancellations exceeding this amount will be charged 30% of the expected total price.
– From 6 weeks before arrival: 70% of the expected total price will be charged.
– From 4 weeks before arrival: 80% of the expected total price will be due.
The hotel will make every effort to reallocate rooms, function rooms and offers that have not been used, if possible, in order to avoid cancellations.
6. Until the contractually agreed rooms, function rooms and offers are otherwise assigned, the customer must pay the amount for the duration of the contract and in consideration of the aforementioned cost regulation.
7. In order to ensure a smooth process for group bookings (20 persons or more), the customer is obligated to provide the hotel with the list of participants 4 days prior to the group’s arrival.
8. The customer is free to prove that the above claim did not arise or did not arise in the amount claimed.
V. Withdrawal of Hotel
1. If the customer’s right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the hotel is entitled for its part to withdraw from the contract within this period of time 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.
2. If an agreed advance payment or an advance payment demanded above pursuant to clause III No. 6 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.
3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively legitimate reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; rooms booked under misleading or false statements of essential facts, e.g. The hotel has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization; there is a violation of clause I No. 2 above. 4.
4. In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.
VI. Room provision, handover and return
1. The customer does not acquire a claim to the provision of certain rooms.
2. Booked rooms are available to the customer from 14:00 on the day of arrival. Unless an arrival time has been expressly agreed, the hotel reserves the right to assign booked hotel rooms to other parties after 6:00 pm. The customer has no right 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. Thereafter, the hotel may, due to the late vacating of the room for its use in excess of the contract,
– until 6:00 p.m. charge 50% of the full accommodation price (list price),
– from 6:00 p.m. charge 100 %.
Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a charge for use.
4. If the agreed rooms or function rooms are not available, for whatever reason, the hotel is obliged to provide an equivalent substitute, also outside the hotel, as far as this is reasonable
VII. Liability of the hotel
1. The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by the hotel and damages resulting from an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and minimize any possible damage.
2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 of the German Civil Code). 3. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvered on hotel property and their contents, except in cases of intent or gross negligence.
4. Wake-up requests will be executed by the hotel with the utmost care. Messages, mail and consignments for guests will be handled with care. The hotel will take care of delivery, storage and, if requested, forwarding of the same against payment.
VIII. Final Provisions
1. Changes or amendments to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are ineffective.
The place of performance and payment is the registered office of the hotel.
3. German law shall apply.
4. Should individual provisions of these General Terms and Conditions for Hotel Accommodation 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.
5. Place of jurisdiction is Walsrode, as the district court responsible for the business.
IX. For seminars, meetings, congresses, banquets, balls, exhibitions, lectures, etc., the following must also be observed:
1. Any change in the number of participants for a communal meal must be communicated in writing at least 3 days before the start of the event, otherwise at the least the ordered number of place settings will be invoiced.
2. The organizer/purchaser is liable for the payment of any additional food and drinks ordered by the event participants.
3. Guests may only bring food and beverages with the prior approval of the hotel, and this may result in the payment of a corkage fee.
4. No liability will be accepted for loss or damage to items or exhibits brought in.
5. Decorative materials or other items may only be attached with the hotel’s approval. The organizer/purchaser shall be liable without proof of fault for damage to the hotel’s furnishings or inventory caused during set-up or dismantling or during the event.
6. Any malfunction of technical or other equipment provided shall be remedied immediately, as far as possible. However, a withholding or reduction of payments cannot be made.