1.1 The following General Terms and Conditions apply to contracts for the rental of hotel rooms, for accommodation and conferences as well as all other services and deliveries provided by the hotel for the guest.
1.2 Deviating provisions shall only apply if they have been individually agreed between the hotel and the guest.
2. conclusion of the contract
2.1 The hotel accommodation contract (accommodation contract) is concluded when the guest submits an application (room booking), which is accepted by the hotel. The acceptance is made by a confirmation of the room booking.
The confirmation of the room booking can be made verbally, in writing, by phone or by e-mail.
2.2 If the room reservation is made by a third party on behalf of the guest, the third party shall be liable to the hotel together with the guest as joint and several debtors for all obligations arising from the hotel acceptance contract, provided the hotel has received a corresponding declaration from the third party.
2.3 The subletting and reletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.
3. prices and services
3.1 The hotel is obligated to hold the rooms booked by the guest ready in accordance with these General Terms and Conditions and to provide the agreed services.
3.2 The guest is obligated to pay the prices of the hotel applicable or agreed upon for the provision of the room and the other services used by the guest. This also applies to services and expenses of the hotel to third parties arranged by the guest or the customer.
3.3 The agreed prices include the respective statutory value added tax.
3.4 The prices may be changed by the hotel if the guest subsequently requests changes in the number of booked rooms, the hotel’s service or the guests’ length of stay, and the hotel agrees.
3.5 Invoices of the hotel are payable immediately upon receipt without deduction.
Default shall commence if the guest does not make payment within 14 days of the due date and receipt of an invoice; this shall only apply to a guest who is a consumer if these consequences have been specifically pointed out in the invoice. In the event of late payment, the hotel is entitled to charge consumers interest on arrears at a rate of 5% above the prime rate. In business transactions, the default interest rate is 8% above the prime rate. The hotel reserves the right to claim higher damages. The hotel may charge a reminder fee of EUR 5.00 for each reminder after the default has occurred.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date may be agreed in writing in the contract. The hotel is further entitled to call in any receivables accrued during the guest’s stay at the hotel by issuing an interim invoice at any time and to demand immediate payment.
3.7 The guest may only offset or reduce a claim of the hotel with an undisputed or legally established claim.
4. services not used, cancellation, withdrawal of the guest
4.1 The hotel grants the guest a right of withdrawal at any time. The following provisions apply:
– In the event of withdrawal of the guest from the booking, the hotel is entitled to reasonable compensation until 45 days before arrival.
– The hotel has the option to claim a cancellation fee from the guest instead of a specifically calculated compensation. The cancellation fee is 80% of the contractually agreed price for bed and breakfast. The guest is free to prove that the hotel has not suffered any damage or that the damage suffered by the hotel is lower than the requested compensation lump sum.
– If the hotel calculates the compensation specifically, the amount of compensation is max. the amount of the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel as well as what the hotel acquires through other uses of the hotel services.
4.2 The above provisions on compensation shall apply accordingly if the guest does not make use of the booked room or services without notifying the hotel in due time.
4.3 The right to compensation does not apply if the cancellation is made up to 45 days before arrival. In this case, the guest can withdraw from the contract without further legal consequences and the hotel has no right to compensation. Decisive for the timeliness of the declaration of withdrawal is its receipt by the hotel. The guest must declare the withdrawal in writing.
4.4 If due to weather conditions there is no connection (neither ship nor tidal flat car nor tidal flat walk) between mainland and island, the first night will be cancelled free of charge.
The further course is to be discussed with the hotel.
4.5 Should it be necessary to extend a stay (no connection to the mainland) the guest is obliged to pay the additional costs incurred.
5. withdrawal of the hotel
5.1 Insofar as the guest was granted a right to withdraw free of charge in accordance with Section 4.3 in the accommodation contract, the hotel is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests about the booked rooms and the guest does not finally confirm the booking upon inquiry by the hotel.
5.2 If an advance payment or security deposit agreed in accordance with Section 3.6 is not made within a period set for this purpose, the hotel shall likewise be entitled to withdraw from the contract.
5.3 A right to withdraw from the contract for good cause shall remain unaffected. It exists in particular if
– force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
– rooms are booked under misleading or false statements of material facts, e.g. concerning the person of the guest or the purpose;
– the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– there is an unauthorized subletting or subletting in accordance with section 2.3;
– a case of clause 6.3 exists;
– the hotel becomes aware of circumstances that the financial circumstances of the guest have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk;
– the guest has filed an application for the opening of insolvency proceedings against his/her assets, has submitted an affidavit in accordance with § 807 of the German Code of Civil Procedure (Zivilprozessordnung), has initiated out-of-court proceedings to settle debts, or has stopped making payments;
– insolvency proceedings are opened against the assets of the Guest or the opening of such proceedings is rejected for lack of assets or for other reasons.
5.4 The hotel shall immediately notify the guest in writing of the exercise of the right of withdrawal.
5.5 In the aforementioned cases of withdrawal, the guest shall not be entitled to any compensation.
5.6 If a guest ignores the non-smoking signs and smokes in the room/suite, the hotel reserves the right to withdraw from the contract and add the fee of € 400.00 for special cleaning to the room bill.
6. arrival and departure
6.1 The guest does not acquire any right to the provision of specific rooms, unless the hotel has confirmed the provision of specific rooms in writing.
6.2 Booked rooms shall be available to the guest from (…) o’clock on the agreed day of arrival. The guest has no right to earlier provision.
6.3 Booked rooms are to be claimed by the guest no later than (…) o’clock on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hotel has the right to assign booked rooms to other parties after 11:00 p.m. without the guest being able to derive any claims for compensation from this. The hotel is entitled to a right of withdrawal in this respect.
6.4 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest.
Longer use of the room is possible in exceptional cases after consultation with the hotel management.
7.1 The hotel shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. In the event of slight negligence, the hotel shall be liable exclusively for injury to life, limb or health or for breach of material contractual obligations. However, the claim for damages for the slightly negligent breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is liability for injury to life, limb or health. The organizer is liable for the fault of vicarious agents and representatives to the same extent.
7.2 The provision of the preceding paragraph (8.1) shall extend to damages in addition to performance, damages in lieu of performance and claims for compensation due to futile expenses, irrespective of the legal grounds, including liability due to defects, delay or impossibility.
7.3 Insofar as a parking space for a car is made available to the guest, the hotel shall have no duty of supervision unless this has been agreed individually in writing in a custody agreement.
7.4 Wake-up orders are executed by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
7.5 Messages, mail and consignments of goods for the guests will be handled with care. The hotel takes over the delivery, storage and – on request – against payment the forwarding of the same as well as on request also for lost property. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost and found office after a storage period of one month at the latest, charging a reasonable fee.
7.6 The statute of limitations for the guest’s claims shall be in accordance with the statutory provisions.
8. final provisions
The law of the Federal Republic of Germany shall apply.