General Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AGBH 8.1)

1. SCOPE OF APPLICATION

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other services and goods provided by the hotel to the customer in this context (Hotel Accommodation Contract). They do not apply to package travel within the meaning of § 651a of the German Civil Code (BGB). The term "Hotel Accommodation Contract" encompasses and replaces the following terms: accommodation contract, guest admission contract, hotel contract, and hotel room contract.

1.2 The subletting or re-letting of the provided rooms as well as their use for purposes other than accommodation require the hotel's prior consent in text form, whereby the right to termination pursuant to § 540 paragraph 1 sentence 2 BGB is waived.

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

2. CONCLUSION OF CONTRACT, PA

The contracting parties are the hotel and the customer. The contract comes into effect upon the acceptance of the customer’s request by the hotel. In the case of bookings made via the hotel's own website, the contract comes into effect by clicking the button "Book with Obligation to Pay" (Kostenpflichtig buchen).

3. SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obligated to keep the rooms booked by the customer available and to render the agreed services.

3.2 The customer is obligated to pay the hotel's agreed or applicable prices for the provision of the room and any additional services utilized by the customer. This also applies to services requested by the customer directly or via the hotel, which are performed by third parties and disbursed by the hotel.

3.3 The agreed prices include the taxes and local charges applicable at the time of contract conclusion. Local charges owed by the guest under respective local law, such as visitor taxes (Kurtaxe), are not included. In the event of changes to the statutory value-added tax or the introduction, alteration, or abolition of local charges on the subject matter of performance after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this shall only apply if the period between contract conclusion and contract fulfillment exceeds four months.

3.4 If payment on invoice has been agreed, payment shall—subject to a differing agreement—be made without deduction within ten days of receipt of the invoice.

3.5 Upon conclusion of the contract, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the event of payment default by the customer, statutory regulations shall apply.

3.6 In justified cases, e.g., payment arrears by the customer or an expansion of the scope of the contract, the hotel is entitled—even after conclusion of the contract up until the start of the stay—to demand an advance payment or security deposit within the meaning of clause 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8 The customer may only offset or reduce a claim by the hotel with an undisputed or legally enforceable claim.

3.9 The customer agrees that invoices may be transmitted to them electronically.

4. RESCISSION/TERMINATION ("CANCELLATION") BY THE CUSTOMER / NON-AVAILMENT OF HOTEL SERVICES ("NO-SHOW")

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

4.2 If a date for cost-free rescission of the contract has been agreed between the hotel and the customer, the customer may rescind the contract up until that date without triggering payment or damage claims by the hotel. The customer's right of rescission shall expire if they do not exercise it in text form toward the hotel by the agreed date.

4.3 If a right of rescission has not been agreed or has already expired, and if no statutory right of rescission or termination exists, the hotel retains its claim to the agreed remuneration despite the non-availment of the service. The hotel must set off the income from renting the rooms to other parties as well as saved expenses. If the rooms are not rented to other parties, the hotel may apply a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements involving third-party services, 70% for half-board arrangements, and 60% for full-board arrangements. The customer remains free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.

5. RESCISSION BY THE HOTEL

5.1 Insofar as it was agreed that the customer can rescind the contract cost-free within a specific period, the hotel is likewise entitled to rescind the contract during this period if inquiries from other customers exist regarding the contractually booked rooms, and the customer does not waive their right of rescission upon inquiry by the hotel within a reasonable deadline. This applies accordingly if an option is granted, other inquiries exist, and the customer is not willing to make a firm booking upon inquiry by the hotel within a reasonable deadline.

5.2 If an advance payment or security deposit agreed or demanded in accordance with clause 3.5 and/or clause 3.6 is not provided even after a reasonable grace period set by the hotel has expired, the hotel is likewise entitled to rescind the contract.

5.3 Furthermore, the hotel is entitled to extraordinarily rescind the contract for an objectively justified reason, particularly if:

• Force majeure or other circumstances beyond the hotel's control render the fulfillment of the contract impossible;
• Rooms or spaces are booked under culpably misleading or false statements or concealment of material facts (material facts may include the identity of the customer, solvency, or the purpose of the stay);
• The hotel has reasonable grounds to believe that the utilization of the service may jeopardize the smooth operation, safety, or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
• The purpose or occasion of the stay is unlawful;
• A violation of clause 1.2 above has occurred.

5.4 Justified rescission by the hotel does not entitle the customer to compensation for damages. Should a claim for damages by the hotel against the customer exist in the event of rescission pursuant to clause 5.2 or 5.3 above, the hotel may calculate this as a lump sum. In this case, clause 4.3 shall apply accordingly.

6. ROOM PROVISION, HANDOVER, AND RETURN

6.1 The customer acquires no entitlement to the provision of specific rooms unless this has been expressly agreed in text form.

6.2 Booked rooms are available to the customer from 3:00 PM on the agreed arrival day. The customer has no entitlement to earlier availability.

6.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 AM at the latest. Thereafter, due to the delayed vacating of the room for its use beyond the contract, the hotel may charge 50% of the full room rate (price according to the price list) until 6:00 PM, and 90% after 6:00 PM. Contractual claims by the customer shall not be established hereby. The customer remains free to prove that the hotel incurred no claim or a significantly lower claim for usage fees.

7. LIABILITY OF THE HOTEL

7.1 The hotel is liable for damages attributable to it arising from injury to life, body, or health. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual duties of the hotel. Typical contractual duties are those duties that enable the proper execution of the contract in the first place and on whose fulfillment the customer relies and may rely. A breach of duty by a legal representative or vicarious agent of the hotel is equivalent to a breach of duty by the hotel itself. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy them upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and keep potential damage to a minimum.

7.2 The hotel is liable to the customer for brought-in property in accordance with statutory provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring in money, securities, and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate custody agreement with the hotel.

7.3 Insofar as a parking space in the hotel garage or hotel parking lot is made available to the customer, even for a fee, this does not constitute a bailment agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with clause 7.1, sentences 1 to 4 above.

7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are handled with care. Upon prior agreement with the customer, the hotel can undertake the acceptance, storage, and—upon request and for a fee—forwarding of mail and merchandise shipments. In this regard, the hotel shall only be liable in accordance with clause 7.1, sentences 1 to 4 above.

8. FINAL PROVISIONS

8.1 Amendments and supplements to the contract, the acceptance of the request, or these General Terms and Conditions should be made in text form. Unilateral amendments or supplements are invalid.

8.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is 29640 Schneverdingen, Camp Reinsehlen 1. However, the hotel may option to sue the customer at the customer’s registered seat as well. The same applies to customers not covered by sentence 1 if they do not have their seat or 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 (CISG) is excluded.

8.4 In accordance with legal obligations, the hotel points out that the European Union has set up an online platform for out-of-court resolution of consumer disputes ("ODR Platform"): http://ec.europa.eu/consumers/odr/. However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.

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GENERAL TERMS AND CONDITIONS FOR EVENTS (AGBV 6.0)

1. SCOPE OF APPLICATION

1.1 These Terms and Conditions apply to contracts regarding the rental of conference, banquet, and event rooms of the hotel for the purpose of holding events such as banquets, seminars, conferences, exhibitions, presentations, etc., as well as all further services and deliveries provided by the hotel for the customer in this connection.

1.2 The subletting or re-letting of the rented rooms, areas, or display cases, as well as invitations to job interviews, sales events, or similar events, require the prior written consent of the hotel, whereby the right of termination pursuant to Section 540 (1) sentence 2 BGB is waived.

1.3 General Terms and Conditions of the customer shall only apply if this has been expressly agreed in text form.

2. CONTRACT CONCLUSION, PARTNERS, LIABILITY

2.1 The contracting parties are the hotel and the customer. The contract comes into effect upon acceptance of the customer's application by the hotel. The hotel is free to confirm the event booking in text form.

2.2 The hotel is liable for damage resulting from injury to life, body, or health for which it is responsible. Furthermore, it is liable for other damage based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual duties of the hotel. Typical contractual duties are those duties that enable the proper performance of the contract in the first place and on whose compliance the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, unless otherwise regulated in Section 9, are excluded. Should disruptions or defects occur in the performance of the hotel, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and keep potential damage to a minimum. Furthermore, the customer is obliged to inform the hotel in good time about the possibility of extraordinarily high damage occurring.

3. SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obliged to provide the services ordered by the customer and agreed to by the hotel.

3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for these and any other services used. This also applies to services ordered directly by the customer or via the hotel, which are provided by third parties and disbursed by the hotel. In particular, this also applies to claims of copyright collecting societies.

3.3 If a minimum turnover has been agreed and is not reached, the hotel can demand 60% of the difference as lost profit, provided the customer does not prove lower damage or the hotel does not prove higher damage.

3.4 The agreed prices include the applicable taxes at the time of contract conclusion. In the event of changes to statutory value-added tax after conclusion of the contract, prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and contract fulfillment exceeds four months.

3.5 If payment on invoice has been agreed, payment shall be made without deduction within ten days of receipt of the invoice, subject to any differing agreement.

3.6 The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and payment dates may be agreed in text form in the contract. In the event of default of payment by the customer, statutory regulations apply.

3.7 In justified cases, such as payment arrears of the customer or expansion of the scope of the contract, the hotel is entitled, even after contract conclusion up to the start of the event, to demand an advance payment or security deposit within the meaning of paragraph 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

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

3.9 The customer agrees that invoices may be transmitted electronically.

4. CANCELLATION BY THE CUSTOMER (RESCISSION, CANCELLATION)

4.1 A cost-free unilateral withdrawal by the customer from the contract concluded with the hotel is only possible if a right to cost-free cancellation was expressly agreed in the contract or if a statutory right to cost-free withdrawal exists.