General Terms and Conditions for the Hotel Contract

1. scope
2. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.
3. The subletting or further rental of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.
4. The customer’s terms and conditions shall only apply if this has been expressly agreed in writing beforehand.
5. conclusion of contract, contract partner, limitation period
6. The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the room booking in writing.
7. The contracting parties are the hotel and the customer. If a third party makes a booking for the customer, they are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
8. All claims against the hotel generally expire within one year from the start of the regular limitation period, which is dependent on knowledge, as per Section 199 Paragraph 1 of the German Civil Code (BGB). Claims for damages expire within five years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, Prices, Payment, Set-off

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the applicable or agreed hotel prices for the room and any other services used by the customer. This also applies to services and expenses incurred by the hotel for third parties at the customer's request.
3. The agreed prices include the applicable statutory value added tax. If the period between conclusion of the contract and fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 5%.
4. The hotel may also change prices if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.
5. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to demand immediate payment of accrued claims at any time. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest rate of currently 9% or, in the case of legal transactions involving a consumer, 5% above the base interest rate of the European Central Bank. The hotel reserves the right to prove that the damage is greater.
6. The hotel is entitled to demand an appropriate 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. The standard advance payment for renting rooms is 10%. If the booking is made less than 7 calendar days before arrival, the full amount, 100%, is due upon completion of the booking.
7. The customer may only offset or reduce a claim against the hotel if the claim is undisputed or legally binding.
8. Withdrawal of the customer (ie cancellation) / non-use of the hotel's services
9. If the customer wishes to withdraw from the contract concluded with the hotel, the hotel must give its written consent. If this is not done, the agreed price from the contract must be paid even if the customer does not use the contractual services. This does not apply if the hotel violates its obligation to take the customer's rights, legal interests and interests into account, if the customer can no longer be expected to adhere to the contract or if the customer is entitled to another statutory or contractual right of withdrawal.
10. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract up to that date without triggering any payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless a case of withdrawal by the customer has occurred in accordance with number 1 sentence 3.

The following deadlines apply as standard:

1. The 10% deposit is fully refundable up to 14 calendar days before arrival. If there are fewer than 14 calendar days between cancellation and arrival, the right to a refund expires.
2. The full amount, minus the 10% advance payment, is refundable up to 5 calendar days before arrival. If there are fewer than 5 calendar days between cancellation and arrival, the right to a refund expires.

It is always possible for the hotel to take contrary action as a gesture of goodwill.

4. The hotel is free to demand the contractually agreed remuneration even if the customer does not use the service and to make a lump sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast. The customer is free to provide evidence that the above-mentioned claim did not arise or did not arise to the amount demanded.
5. withdrawal of the hotel
6. If a right of withdrawal for the customer free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive his right of withdrawal when asked by the hotel.
7. If an advance payment agreed upon or requested in accordance with Clause III No. 6 above is not made even after a further request and after the expiry of a period of more than three days, the hotel is also entitled to withdraw from the contract.
8. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if

• force majeure or other circumstances beyond the hotel's control make the fulfilment of the contract impossible;
• Rooms are booked under misleading or false information regarding essential facts, e.g. the identity of the customer or the purpose;
• the hotel has reasonable grounds to believe that the use of the hotel services may endanger the smooth running of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization.
• there is a violation of Clause I No. 2 above.

4. If the hotel withdraws for legitimate reasons, the customer is not entitled to compensation.
5. room provision, handover and return
6. The customer does not acquire any right to the provision of specific rooms.
7. Booked rooms are available to the customer from 2 p.m. on the agreed arrival day. The customer has no right to earlier availability.
8. On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contractual period until 6:00 p.m. due to the late vacating of the room, and 100% from 6:00 p.m. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the hotel has no or a significantly lower claim to usage fees.

VII. Liability of the Hotel

1. The hotel is liable for its contractual obligations with the care of a prudent businessman. The customer's claims 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 based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. If disruptions or defects in the hotel's services occur, the hotel will endeavour to remedy the situation upon knowledge of the hotel or upon immediate complaint by the customer. The customer is obliged to do what is reasonable to remedy the disruption and to keep any possible damage to a minimum.
2. The hotel is only liable to the customer for items brought into the hotel if the customer's valuables have been expressly ordered to be kept in a safe place and the hotel has agreed to this in writing. Liability claims expire if the customer does not immediately notify the hotel of the loss, destruction or damage after becoming aware of it (Section 703 of the German Civil Code). For any further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.
3. If the customer is provided with a parking space in the hotel garage or on a hotel car park, even for a fee, this does not constitute a storage contract. The hotel is not liable for the loss or damage of vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.

VIII. Final Provisions

1. Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction is Hamburg.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for the Hotel Contract be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.