General terms and conditions for hotel accommodation
contracts of Aquamaris Strandresidenz Rügen
Preliminary remarks:
Dear guest,
We are delighted that you have decided to stay with us on the Baltic Sea island of Rügen.
The following terms and conditions contain provisions for the contractual relationship between you and us (hereinafter called Hotel).
The following rules are, unless effectively included, part of the contract between you and us of the closed Beherbungsvertrages. This accommodation contract (Hotel Accommodation Contract) is the Civil Code (BGB), apart from the liability for items brought in, not particularly controlled so-called type mixed contract. It includes elements of services, works and purchase contract law at its core is the hotel accommodation contract, a lease agreement. Hotel accommodation contracts be respected like all other contracts of civil law by both parties.
Therefore please read the following terms and conditions carefully.
§ 1 Scope
1. The following terms and conditions (Terms) apply to contracts for the rental use of hotel rooms and apartments for lodging and all other services provided by the hotel in particular the sale of food and drinks, organization of cultural and sporting events and other programs, the implementation of special health promotion measures and comparable special offerings.
2. Terms and Conditions of the contractual partner shall apply only if these are previously expressly agreed in writing. Counter-confirmations of the contractor having regard to its own terms and conditions are hereby rejected.
3. The subletting of consideration surrendered hotel rooms / apartments or other premises, as well as their use for purposes other than accommodation require the prior written consent of the hotel.
4. To make a reservation of meeting rooms and related services in the hotel, the general terms and conditions for events apply.
§ 2 Services, prices, payment, set-off
1. The hotel is obligated to keep the booked contractors rooms / apartments and to provide the agreed services. The guest is obligated to pay the applicable or agreed for the rooms provided and for other services used by him in the hotel prices. This also applies prompted by the guest services and expenses of the hotel to third parties.
2. The prices for the relevant services are according to the valid at the time of performance of the hotel price list. All prices are incl. The currently applicable taxes. The prices are public charges such. B. taxes u. Ä. Not included. The charges referred to will also bear the guest. The respective amounts shall be made to him separately.
3. The claim for payment of the hotel is due immediately upon receipt of the respective invoice. An invoice is valid for 3 days from dispatch as having been received by the invoice recipient, except where earlier delivery can be proved at the latest. For late payments, the statutory rules apply.
4. Invoices are payable immediately in cash or by debit card or credit card (American Express, VISA, MasterCard). The hotel is entitled to reject foreign currency, checks and / or other credit cards.
5. The guest can against a claim by the hotel only offset if his claim is undisputed or legally binding.
6. Utilizes the guest to pay for hotel products with a credit card cash advance without these physically present (eg., Via telephone, internet o. Ä.), The credit card information by fax or e-mail are to be transmitted. The guest is not entitled to revoke his credit card company said charges in relation to the hotel.
§ 3 Cancellation by the customer (cancellation)
1. Cancellation by the guest from the contract concluded with the hotel can be made by mail or in writing and requires the hotel’s consent. Reservations score are binding for both parties. This does not apply to infringement of the hotel’s commitment to consideration of rights and legal interests of the guest, if this holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
2. The hotel is free to demand the contractually agreed compensation and to make flat-rate deduction for saved expenses. In case of cancellation (withdrawal) or power reduction by the contracting party shall pay this compensation following:
a) no compensation if the written cancellation or reduction to (and including) received by the hotel 31 days prior to the beginning of the performance period.
b) 30% of the agreed price in a written cancellation or reduction in the period from 30 to 21 days before the start of the service period
c) 60% of the agreed price in case of cancellation or reduction within a period 20-14 days before the start of the service period
d) 80% of the agreed price of cancellation or reduction of less than 14 days before the beginning of the performance period, in case of non arrival or early departure
3. The contractor is entitled to prove that a claim of the hotel is not created or not created in the amount demanded.
4. If the hotel can provide the canceled service in the agreed period to a third party, the compensation of the guest reduced by the amount payable to the third party for the canceled performance; up to no elimination of the total damages.
§ 4 Cancellation / Termination of hotels
1. Unless a free right of withdrawal of the contractor has been agreed in writing within a specified period, the hotel is entitled for its part during this period, withdraw from the contract if there are inquiries by other guests and not dispensed with the contractor for further inquiry of the hotel his right to withdraw.
2. The hotel is entitled incidentally according to the legal provisions to cancel the contract or to terminate the contract, if
a) the other party fails to meet an obligation
b) is impossible to fulfill the contract due to force majeure, strike or other circumstances not to be represented by the Hotel
c) the contractor makes misleading or false information on material data
d) the guest uses the name of the hotel with advertising materials without prior written consent
e) contractual premises are sublet in whole or in part without express written consent of the hotel
f) the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation, security or reputation of the hotel in public
3. The hotel has the contractual partner of the exercise of the resignation / termination without delay, be informed in writing within 14 days after becoming aware of the reason. The termination of the contract by the hotel establish any entitlement of the contractual partner to damages or other compensation. A claim of the hotel for compensation for damage suffered and the expenses incurred by it remains unaffected in the case of justified cancellation of contract.
§ 5 Rooms Deployment and Return
1. The provision of rooms / apartments is solely for accommodation purposes.
2. The contractor is not entitled to use a particular room.
3. Unless otherwise agreed, available to the guest room booked on arrival from 15.00 clock. The hotel has the right to assign rooms booked after 18:00 clock otherwise, without the guest to derive from this right or claim, unless other arrangements have been made or being a guest later arrival has not communicated in writing previously.
4. The rooms must be vacated on departure day at 12.00 clock. The return of an apartment must be made on departure day until 10.00 clock. If the respective return time is exceeded, the hotel can provide the resulting damage in accounting; at a late return to 16.00 clock the hotel is alternatively entitled to 50% of the list price for the cancellation as a lump damages. If the return only after 16.00 clock the day of departure, 80% of the full list price to be paid. The guest has the opportunity to prove that in these cases the damage has either not arisen or has a lower value.
§ 6 Liability of the hotel
1. The hotel is liable for all legal and contractual claims only in intentional or grossly negligent behavior. Exceptionally, the hotel is also liable for ordinary negligence for damages based on the infringement of essential contractual obligations (in these cases, the liability to the foreseeable typical damage is limited), and for damage caused by injury to life, limb or health.
2. These exclusions and limitations apply equally to all companies engaged to carry out his contractual obligations by the hotel, its subcontractors and agents. They do not apply if the hotel has given a guarantee for the quality of an object or a work or fraudulently concealed defects.
3. The guest is held as part of its duty to mitigate damages, obvious defects immediately, at the latest on departure, notify the hotel.
4. For items brought in the guest, the statutory provisions of § 701 apply ff. BGB, ie the liability is to the amount of max. 3.500, – € and for money, securities and other valuables, max. 800, – € limited. Liability claims expire unless the guest notifies the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB).
5. Items left behind by the guest shall only be forwarded upon request, risk and expense of the guest. The hotel keeps such items for 6 months. After that, the things, provided a recognizable value, handed over to the local lost property office.
6. As far as the guest a parking space in the hotel parking lot – well paid – is provided, this does not constitute a separate contractual obligations of the hotel. It is the Highway Code and the hotel assumes no liability.
7. All claims of the guest against the hotel arising from or in connection with the contract shall expire after one year, beginning with the end of the year in which the claim arose and the contract partner acquires before the claim justified circumstances knowledge or without gross negligence knowledge ought to have learned.
§ 7 Additional provisions for package travel contracts
1. Does the obligation of the hotel next to the granting of expen- and lodging in the organization of a service package as a chargeable service, this shall represent a so-called package tour contract.
2. Because of changes, deviations or reductions of individual services within the framework of a package tour contract which become necessary after conclusion of the contract, the guest can not assert any claims if they are simply irrelevant.
3. If agreed and do not use them provided services by the contractor to complete, a reduction in or refund of the full charge is not possible.
4. The hotel is not liable for damages suffered by the guest through use of a special benefit of a third party. The guest reference is made to enforce its claims against the respective organizer as a special benefit. Furthermore, the provisions of § 651 et seq. BGB.
5. Claims of package travel expire in accordance with § 651 g BGB.
§ 8 Miscellaneous
1. Animals are allowed only with prior consent of the hotel and against payment of a surcharge. In public spaces, restaurants, bar, pool area, inter alia, animals are not allowed.
2. For the carriage of the guest by the Hotel’s liability is limited in accordance with the respective existing car insurance for personal and material damage.
§ 9 Performance and payment, place of jurisdiction, written form
1. The performance and payment is the location of the hotel for both parties.
2. The law of the Federal Republic of Germany. The application of the CISG and the conflict of laws is excluded.
3. The exclusive jurisdiction – also for check and exchange disputes – for commercial transactions is the seat of the hotel. If a contracting party has fulfilled the requirements of § 38 ZPO and has no general jurisdiction in Germany, the courts at the seat of the hotel.
4. Oral or written side agreements are not met. Changes or additions shall not be legally effective unless in writing. The same applies to the waiver of the written form requirement.