General business Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AGBH8.1)

1 SCOPE

1.1 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 to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of Section 651a. The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

1.2 The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the hotel's prior consent in writing, whereby the right to termination is waived in accordance with Section 540 Paragraph 1 Sentence 2 BGB.

1.3 The customer's general terms and conditions only apply if this has been expressly agreed in writing.

2 CONCLUSION OF CONTRACT, PARTNER

The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer's application. In the case of booking via the hotel's own homepage, the contract is concluded by clicking on the “BOOK WITH REQUIREMENT TO PAY” button.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

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 obliged to pay the hotel's agreed or applicable prices for the room rental and the other services used by him. 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 taxes and local charges applicable at the time the contract is concluded. Local taxes that are owed by the guest according to local law, such as tourist tax, are not included. If there is a change in the statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfilment of the contract exceeds four months.

3.4 If payment by invoice has been agreed, payment must be made without deductions within 14 days of receipt of the invoice, unless otherwise agreed.

3.5 The hotel is entitled to demand an appropriate advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. If the customer defaults on payment, the statutory regulations apply.

3.6 In justified cases, for example the customer's payment arrears or an extension of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of Section 3.5 above, even after conclusion of the contract up to the start of the stay, or to increase the advance payment or security deposit agreed in the contract up to the full amount to demand the agreed remuneration.

3.7 The hotel is also entitled, at the beginning and during the stay, to demand an appropriate advance payment or security deposit from the customer within the meaning of Section 3.5 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Section 3.5 and/or above Section 3.6 has been made.

3.8 The customer can only offset or set off an undisputed or legally binding claim against a claim of the hotel.

3.9 The customer agrees that the invoice can be sent to him electronically.

4 WITHDRAWAL/TERMINATION (“CANCELATION”) BY THE CUSTOMER FAILURE TO USE THE HOTEL’S

SERVICES (“NO SHOW”)

4.1 A unilateral solution by the customer to the contract concluded with the hotel is only possible if a right of withdrawal was expressly agreed in the contract or a statutory right of withdrawal or termination exists.

4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering any claims for payment or damages from the hotel. The customer's right of withdrawal expires if he does not exercise this in writing to the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired and there is no statutory right of withdrawal or termination, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must take into account the income from renting the rooms elsewhere as well as the saved expenses. If the rooms are not rented to someone else, the hotel can deduct a flat rate for saved expenses. In this case the customer is obliged to pay 80% of the contractually-agreed price for overnight accommodation with or without breakfast and for package deals with third-party services, 70% for half board and 60% for full board. The customer is at liberty to demonstrate that the above claim did not arise or not in the amount claimed.

5. REVOCATION BY THE HOTEL

5.1 If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the hotel has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved rooms and if the customer does not waive its revocation right after a request is made by the hotel and a reasonable time period set. This shall apply accordingly if the customer has been granted an option and if other inquiries are made and the customer is not prepared to make a firm booking after a request is made by the hotel and a reasonable time period set.

5.2 The hotel also has the right to revoke the contract if an advance payment or security agreed or required in accordance with subsection 5 and/or subsection 3.6 has not been paid after an appropriate period of grace set by the hotel has expired.

5.3 Further, the hotel has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of

• • force majeure or other circumstances for which the hotel is not responsible, which render performance of the contract impossible;
  • rooms and spaces being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
  • the hotel having reasonable grounds to assume that the use of the service can jeopardize the smooth running of the business, the safety or public reputation of the hotel without this being attributable to the area of responsibility or organization of the hotel;
  • the purpose of or the reason for the stay being in violation of the law;
  • a breach of subsection 1.2.

5.4 Revocation by the hotel that is justified does not give the customer the right to claim damages. If, in the event of revocation under subsection 5.2 or 5.3 above, the hotel has a claim for damages against the customer, the hotel can claim this as a flat rate. In this case, subsection 4.3 shall apply accordingly.

6. MAKING THE ROOM AVAILABLE; HANDOVER AND RETURN

6.1 The customer does not acquire a right to the provision of specific rooms unless this has been explicitly agreed in text form.

6.2 The reserved rooms shall be available for use by the customer with effect from 14:00 hours on the agreed date of arrival. The customer has no right to earlier availability.

6.3 The rooms shall be vacated and available for use by the hotel by 12:00 noon at the latest on the agreed departure date. After this time, as the room was vacated late, the hotel has the right to charge for the room use exceeding that which was contractually agreed in an amount of 50% of the full accommodation price up until 18:00 hours and in an amount of 80% after 18:00 hours (price as per price list). This does not give rise to contractual rights of the customer. The customer is at liberty to demonstrate that the hotel did not acquire a claim for compensation for use or acquired a significantly lower claim.

7. LIABILITY OF THE HOTEL

7.1 The hotel is liable for damage which it is accountable for resulting from injury to life, body or health. It is further liable for other damage which is based on an intentional or grossly-negligent breach of duty of the hotel or on an intentional or negligent breach of duties of the hotel typical of the type of contract [vertragstypischen Pflichten]. Duties typical of the type of contract are those duties which enable the proper execution of the contract altogether and which the customer relies on being performed and is able to rely on being performed. A breach of duty of a statutory representative or person engaged in performance of an obligation of the hotel [Erfüllungsgehilfe] is equivalent to a breach of duty of the hotel. More far-reaching claims for damages are excluded unless otherwise provided for in this Section If there should be any disruptions or deficiencies in the services of the hotel, the hotel shall endeavor to remedy this when it has knowledge thereof or upon a complaint being made without undue delay by the customer. The customer is obliged to contribute what it can be reasonably expected to contribute in order to remedy the disruption and minimize possible damage.

7.2 The hotel is liable to the customer in accordance with the provisions of statute for items brought with the customer. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring with him or her money, securities or valuables valued at over Euro 800 or other property items valued at over Euro 3.500 a separate safekeeping agreement must be entered into with the hotel.

7.3 If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even if this is for payment, a custody contract is not concluded as a result. If cars parked or driven on the hotel premises or the contents thereof are lost or damaged, the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.

7.4 Wake-up calls are made with great care by the hotel. Messages for customers are treated with care. After prior agreement with the customer, the hotel can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.

8. FINAL PROVISIONS

8.1 Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective.

8.2 If the customer is a merchant or public law legal entity, the courts of Eckernförde have exclusive jurisdiction and venue. The hotel can, however, at its election, also bring legal action against the customer at the place of the customer’s registered office. This also applies to customers not covered by sentence 1 above if they do not have their registered office or place of residence in an EU member state.

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 compliance with its statutory obligation the hotel points out that the European Union has set up an online platform for the extrajudicial resolution of consumer disputes (“ODR platform”):

http://ec.europa.eu/consumers/odr/
The hotel does not, however, participate in dispute resolution proceedings held before consumer dispute resolution bodies.