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General Hotel Accommodation Contract Terms & Conditions

Applicability

  1. These terms of business apply to contracts covering the rental of hotel rooms for accommodation purposes, as well as all other services and deliverables provided to the customer by Grand Hotel Heiligendamm (hereinafter referred to as the "Hotel").
  2. The subletting or reletting of rented rooms as well as their use for purposes other than accommodation require the prior written consent of the Hotel.
  3. The customer's terms of business only apply, if this has been agreed beforehand.

 

I. Contract Conclusion, Parties, Liability; Limitation Period

  1. The contract comes into existence as a result of the Hotel accepting the customer's application. The Hotel is at liberty to decide whether to confirm the room reservation in writing.
  2. The contracting parties are the Hotel and the customer. If a third party has made the reservation on behalf of the customer, then that third party is jointly and severally liable to the Hotel for all obligations arising from the hotel accommodation contract, provided the third party has submitted a statement to that effect to the Hotel.
  3. The Hotel is liable for meeting its obligations arising from the contract. As far as any non-hotel-typical aspects of performance are concerned, the Hotel's liability is restricted to wilful intent and gross negligence.
  4. The limitation period for any customer claims is 6 months.
  5. This limitation of liability and short period of limitation apply to the benefit of the Hotel, even in the event of a breach of obligations during the contract initiation period and of an affirmative breach of contract.

II. Services, Prices, Payment, Offsetting

  1. The Hotel has a duty to ensure the availability of the room booked by the customer and to provide the agreed services.
  2. The customer has a duty to pay the Hotel's applicable or agreed prices for the use of the room and for any other services utilised. This also applies to third-party services ordered by the customer and to expenses incurred by the Hotel in the course of provision of those third-party services.
  3. The agreed prices include statutory VAT or sales tax. If the period between contract conclusion and contract performance exceeds 4 months, and if the prices that the Hotel generally charges for these kinds of services increase, then the Hotel is entitled to increase the contractually agreed price to a reasonable degree, but by no more than 10%.
  4. The prices can also be modified by the Hotel, if the customer subsequently requests changes to the number of booked rooms, to the services to be provided by the Hotel or to the length of time the guests intend to stay and if the Hotel agrees to those changes.
  5. Hotel invoices that do not state due dates are payable within 10 days of receipt of invoice without deductions. The Hotel is entitled to invoice accumulated receivables at any time and to demand immediate payment. In the event of delayed payment, the Hotel is entitled to charge interest in the amount of 5% above the base rate as per §1 of the German Discount Rate Transition Act or the relevant successor base rate of the European Central Bank. The customer retains the right to prove lower losses and the Hotel retains the right to prove higher losses.
  6. Taking account of the law applying to package holidays, the Hotel is entitled at contract conclusion or thereafter to demand payment of a reasonable deposit or lodging of a reasonable security. The amount of the deposit and the due payment date(s) can be agreed in writing in the contract.
  7. The customer may only offset an undisputed or legally valid claim against or deduct such a claim from a receivable owed to the Hotel.

III. Contract Withdrawal by the Customer (Cancellation, Rescission)

  1. A withdrawal by the customer from a contract concluded with the Hotel requires the written agreement of the Hotel. If this agreement is not forthcoming, then the price agreed in the contract has to be paid, even if the customer does not utilise the contractually agreed services. This does not apply in cases where there is a delay in performance by the Hotel or where the Hotel is unable to provide the contractually agreed services for reasons for which it is responsible.
  2. Provided the Hotel and the customer have agreed a deadline in writing by which the customer can withdraw from the contract, the customer may withdraw by that deadline without triggering any payment claims or claims for damages from the Hotel. The customer's right to withdraw lapses if they have not exercised their right to withdraw via-à-vis the Hotel in writing by the agreed deadline, provided that the Hotel is not delayed in performing its contractual obligations or unable to provide the contractually agreed services for reasons for which it is responsible.
  3. The Hotel shall offset the revenues from renting the rooms to others and any expenditures saved against the prices of the rooms not used by the customer.
  4. The Hotel is at liberty to decide whether to charge a flat rate for the loss incurred by it and to be reimbursed by the customer. The customer is then obliged to pay 90 % of the contractually agreed price for overnight accommodation with/without breakfast, 70 % of the contractually agreed price for half-board packages and 60% for full-board packages. The customer retains the right to prove that no loss was incurred or that the loss incurred by the Hotel is lower than the flat rate demanded.

IV. Contract Withdrawal by the Hotel

  1. Provided the customer's right of withdrawal by a certain deadline has been agreed in writing, the Hotel for its part is entitled to withdraw from the contract during this period, if it has received enquiries from other customers about the contractually booked rooms and the customer has not waived their right to withdraw, upon enquiry by the Hotel.
  2. If an agreed prepayment is not made, even after a reasonable grace period (with a threat of refusal) set by the Hotel has elapsed, the Hotel is also entitled to withdraw from the contract.
  3. Furthermore the Hotel is entitled to withdraw from the contract without giving notice for an objectively justifiable reason, e.g. if:

    • force majeure or other circumstances for which the Hotel is not responsible make performance of the contract impossible;
    • if misleading or false key information is provided for the purposes of booking a room, e.g. relating to the customer's identity or the purpose for renting a room;
    • the Hotel has a justified reason for assuming that the utilisation of its services would impede its business operations or jeopardise its safety and/or security or public reputation, for reasons outside the Hotel's control or organisational remit.
    • there is an infringement of the Applicability section (Clause 2) above.

  4. The Hotel shall notify the customer of the exercise of its right to withdraw without delay.
  5. Where the Hotel is justified in withdrawing from the contract, the customer shall not be entitled to make any claims for compensation.

V. Provision, Handover and Return of Rooms

  1. Customers are not entitled to demand that they be provided with specific rooms.
  2. Booked rooms are placed at the disposal of customers from 3pm on the agreed day of arrival. Customers are not entitled to demand that rooms are made available earlier.
  3. Guests are required to return their rooms emptied of all their possessions by no later than 12 noon on the agreed day of departure. After 12 noon the Hotel is entitled to bill 50% of the full accommodation price (list price) for any additional use of the room until 6pm, and 100% from 6pm onward, in addition to any loss of revenue it may incur. The customer is at liberty to prove to the Hotel that the latter has incurred no or only a marginal loss.

VI. The Hotel's Liability

  1. The Hotel is liable to the extent that it acts with the diligence of a prudent business entity. Where non-hotel-typical services are provided, this liability is however limited to failures of performance, damage, consequential damage or disruptions, which can be attributed to wilful intent or gross negligence by the Hotel. Should disruptions to or deficiencies in the provision of services by the Hotel occur, the Hotel shall make every effort to remedy the situation as soon as it becomes aware thereof or upon immediate complaint by the customer. Where they can be reasonably expected to do so, the customer has a duty to help remedy the problem and to keep possible losses or damage to a minimum.
  2. The Hotel is liable for any possessions that the customer brings with them in line with statutory provisions, i.e. up to one hundred times the room price, maximum EUR 3,500, as well as for money and valuables up to EUR 800. Money and valuables up  to a maximum value of EUR 2,500 can be stored in the Hotel or room safe. The Hotel recommends customers to make use of this option. Liability claims lapse if the customer does not notify the Hotel immediately upon becoming aware of any loss, ruination or damage (§ 703 German Civil Code BGB).
  3. Statutory provisions apply to any unlimited liability the Hotel may have.
  4. If the customer has been provided with a parking place in the Hotel garage or in a Hotel carpark, even against payment of a fee, this does not constitute a safekeeping contract. The Hotel is not liable for the theft of or damage to vehicles and their contents parked on Hotel property, except in the event of wilful intent or gross negligence. This  also applies to the Hotel's vicarious agents.
  5. The Hotel takes the utmost care when providing wake-up calls. Claims for damages, other than as a result of gross negligence or wilful intent, will not be accepted.
  6. Messages, mail and shipments for guests are handled with care. The  Hotel is happy to undertake delivery, safekeeping and — on request — forwarding (fee payable) of these items. Claims for damages, other than as a result of gross negligence or wilful intent, will not be accepted.

VII. Closing Terms

  1. Modifications or amendments to the contract, to the accommodation application acceptance or to these hotel accommodation terms & conditions should be submitted in writing. Unilateral modifications or amendments by the cutomer have no validity.
  2. The place of performance and payment is the Hotel's head office.
  3. The sole place of jurisdiction for all commercial dealings — also in the event of disputes involving cheques and drafts — is the place where the Company's head office is located. If one of the contracting parties complies with the terms of § 38 Par. 1 of the German Civil Procedure Code (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is where the Company is based.
  4. German law applies.
  5. Should specific terms in these Hotel Accommodation General Terms & Conditions be or become void, this does not affect the validity of the remaining terms. Otherwise statutory regulations apply.

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