General Terms and Conditions for the Hotel Accommodation Agreement
(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.
(2) Subletting or re-letting the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer.
(3) The customer’s terms and conditions shall only apply if expressly agreed upon in writing beforehand.
§ 2 Conclusion of Contract, Contracting Parties, Statute of Limitations
(1) The contract is concluded by the acceptance of the customer’s offer by the hotel. This means that a hotel accommodation agreement is concluded with the customer’s telephone order and the oral confirmation of the booking by the hotel. The hotel is free to confirm the room reservation in writing.
(2) The contracting parties are Baltic Hideaways Warnemünde GmbH (also referred to as the hotel) and the customer. If a third party has made the booking on behalf of the customer, he/she shall be jointly and severally liable with the customer to the hotel for all obligations arising from the hotel accommodation agreement, provided that the hotel has received a corresponding declaration from the third party.
(3) All claims against the hotel generally expire within one year from the beginning of the knowledge-dependent regular limitation period pursuant to § 199 para. 1 of the German Civil Code (BGB). Claims for damages expire irrespective of knowledge after five years. The shortening of the limitation periods does not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.
§ 3 Services, Prices, Payment, Offset
(1) The hotel is obliged to provide the rooms booked by the customer and to provide the agreed services.
(2) The customer is obliged to pay the prices applicable or agreed upon by the hotel for the provision of the rooms and any additional services used by him/her. This also applies to services and expenses incurred by the hotel at the request of the customer and charged to third parties.
(3) The agreed prices include the respective statutory value-added tax. If the period between the conclusion of the contract and the performance of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may reasonably increase the contractually agreed price, but not by more than 5%.
(4) The prices may also be changed by the hotel if the customer subsequently wishes to make changes to the number of booked rooms, the hotel’s services, or the length of stay of the guests, and the hotel agrees to such changes.
(5) Invoices from the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accumulated claims due at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to demand the currently applicable statutory default interest of 8%, or in the case of legal transactions involving a consumer, 5% above the base interest rate, as well as a processing fee of €15.00. The hotel reserves the right to prove higher damages.
(6) The hotel is entitled to demand a reasonable advance payment or security deposit at the time of conclusion of the contract or thereafter, taking into account the legal provisions for package travel. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract.
(7) The customer may only offset or reduce a claim of the hotel with an undisputed or legally established claim.
§ 4 Cancellation by the Customer (Cancellation)/ Non-Utilization of Hotel Services (No Show)
(1) Cancellation of the contract concluded with the hotel by the customer requires the written consent of the hotel. If this consent is not given, the agreed price under the contract is payable even if the customer does not avail himself/herself of the contractual services. This does not apply if the hotel violates its obligation to consider the rights, legal interests, and interests of the customer, making it unreasonable for the customer to adhere to the contract, or if there is any other statutory or contractual right of cancellation.
(2) If a deadline for free cancellation of the contract has been agreed upon in writing between the hotel and the customer, the customer may cancel the contract until that time without triggering any payment or compensation claims by the hotel. The customer’s right of cancellation expires if he/she does not exercise his/her right of cancellation in writing to the hotel by the agreed deadline, unless a case of cancellation by the customer pursuant to paragraph 1 sentence 3 exists.
(3) In the case of rooms not used by the customer, the hotel must credit the income from other rental of the rooms as well as the saved expenses.
(4) The hotel is free to demand the contractually agreed remuneration and to calculate 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.
(5) The customer is free to prove that the above-mentioned claim did not arise or did not arise to the extent claimed.
§ 5 Cancellation by the Hotel
(1) If a free right of cancellation by the customer within a certain period has been agreed upon in writing, the hotel is also entitled to cancel the contract during this period if there are inquiries from other customers for the rooms booked under the contract and the customer does not waive his/her right of cancellation upon request by the hotel.
(2) If a contractually agreed or requested advance payment is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to cancel the contract.
(3) Furthermore, the hotel is entitled to cancel the contract for objectively justified reasons, for example, if
- Force majeure or other circumstances beyond the control of the hotel make the fulfillment of the contract impossible;
- Rooms are booked under misleading or false information of essential facts, e.g., regarding the person of the customer or the purpose of the booking;
- The hotel has reasonable grounds to believe that the use of hotel services 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;
- A violation of § 1 para. 2 exists.
(4) In the event of justified cancellation by the hotel, the customer has no claim to damages.
§ 6 Provision, Handover, and Return of Rooms
(1) The customer has no claim to the provision of specific rooms.
(2) Booked rooms are available to the customer from 3:00 pm on the agreed day of arrival.
(3) The customer has no claim to earlier availability.
(4) On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 11:00 am. After that, the hotel may charge 50% of the full room rate (rack rate) for the contractually exceeding use of the room until 6:00 pm, and 100% from 6:00 pm onwards. This does not establish any contractual claims for the customer. The customer is free to prove that the hotel has not incurred any claim for use fees or that the claim is significantly lower.
§ 7 Liability of the Hotel
(1) The hotel is liable for its obligations under the contract with the care of a prudent businessman. Claims for damages by the customer are excluded. This does not apply to damages resulting from injury to life, body, or health if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breaches of duty by the hotel, and damages based on intentional or negligent breaches of contract-typical duties by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. If disruptions or defects occur in the hotel’s services, the hotel will make every effort to remedy the situation upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to him/her to remedy the disruption and to keep any possible damage to a minimum.
(2) The hotel is liable to the customer for items brought in accordance with the statutory provisions, i.e., up to one hundred times the room rate, but not exceeding €3,500.00, and for money, securities, and valuables up to €800.00. Money, securities, and valuables can be kept in the hotel safe or in-room safe up to a maximum value of €1,000.00 (using the hotel’s insurance coverage). The hotel recommends making use of this option. Claims for liability expire if the customer does not immediately report the loss, destruction, or damage to the hotel upon gaining knowledge thereof (§ 703 of the German Civil Code). The provisions of paragraphs 1 sentences 2 to 4 apply accordingly to any further liability of the hotel.
(3) For the provision of parking spaces, reference is made to the regulations of the parking garage operator. If a parking space is made available to the customer, this does not constitute a custody agreement. The hotel is not liable for loss of or damage to parked or maneuvered motor vehicles and their contents, except in cases of intent or gross negligence. The provisions of paragraph 1 sentences 2 to 4 apply accordingly.
(4) Wake-up calls are carried out by the hotel with the utmost care.
(5) Messages, mail, and parcels for guests are handled with care. The hotel undertakes to deliver, store, and, upon request, forward them for a fee. The provisions of paragraph 1 sentences 2 to 4 apply accordingly.
(1) Amendments or additions to the contract, the acceptance of the offer, or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are ineffective.
(2) The place of performance and payment is Rostock-Warnemünde.
(3) The exclusive place of jurisdiction – also for check and bill of exchange disputes – is the registered office of the hotel in commercial transactions. If a contracting party fulfills the requirements of § 38 para. 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the registered office of the hotel shall be deemed the place of jurisdiction.
(4) German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
(5) Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. The statutory provisions shall otherwise apply.
(6) Information obligation according to the Consumer Dispute Settlement Act (§ 36 VSBG): The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.