General terms and conditions for the hotel accommodation contractI.

Scope

  1. These terms and conditions apply to contracts relating to the rental of hotel rooms for accommodation and all other services and supplies provided by the hotel to the customer.
  1. Subletting or reletting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel. In this context, Section 540, Paragraph 1, Sentence 2 of the German Civil Code (BGB) is waived unless the customer is considered a consumer.

       1. The customer's terms and conditions are only valid if they have been expressly agreed upon in writing in advance..

II. Conclusion of contract, contracting parties; limitation period

  1. The contract is concluded upon the hotel's acceptance of the customer's request. The hotel is entitled to confirm the booking in writing.
  1. The contracting parties are the hotel and the customer. If a third party makes a reservation on behalf of the customer, this third party is jointly and severally liable with the customer for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
  1. All claims against the hotel expire one year from the start of the regular limitation period, which is dependent on knowledge, in accordance with Section 199 l of the German Civil Code (BGB). Claims for damages expire within five years, regardless of knowledge. The shortened limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, prices, payment, offsetting

1. The hotel is obliged to provide the reserved rooms to the customer and to provide the agreed services.

2. The customer is obligated to pay the prices for room use and all other services used that are valid or agreed upon at the hotel. This also applies to services and expenses provided by the hotel to third parties at the customer's request.

3. The agreed prices include the applicable statutory VAT. Should the period between conclusion of the contract and fulfillment of the contract exceed four months and the price generally charged by the hotel for such services increases, the hotel is entitled to increase the contractually agreed price appropriately, but by no more than 5%.

4. In addition, the hotel may adjust prices if the customer subsequently requests changes to the number of rooms reserved, the services offered by the hotel or the length of stay of the guests and the hotel agrees to this.

5. Hotel invoices that do not have a due date must be paid within 10 days of receipt without deductions. The hotel reserves the right to declare outstanding amounts due at any time and demand immediate payment. In the event of late payment, the hotel may charge interest at a rate of 8%, or 5% for legal transactions with consumers, above the base interest rate. The hotel reserves the right to prove higher damages.

6. The hotel is entitled to request an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the statutory regulations for package tours. The amount of the advance payment and the payment deadlines may be contractually agreed in writing.

7. The customer may only offset or reduce a claim against the hotel with an undisputed or legally binding claim.

IV. Customer withdrawal (i.e. cancellation) / non-use of hotel services (no show)

1.Any withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this consent is not granted, the agreed price under the contract must be paid even if the customer does not use the contractually agreed services. An exception applies if the hotel violates its obligation to consider the customer's rights, legal interests, and interests, so that adhering to the contract is no longer reasonable for the customer, or if the customer is entitled to another statutory or contractual right of withdrawal.

2. If a written cancellation date has been agreed between the hotel and the customer, the customer may withdraw from the contract up to this date without incurring any payment or compensation claims by the hotel. The customer's right of withdrawal expires if they do not assert their right of withdrawal in writing to the hotel by the specified date, unless a case of withdrawal applies in accordance with Clause IV, Paragraph 1, Sentence 3.

3. For rooms that are not used by the customer, the hotel must take into account the income from renting these rooms to other guests as well as the costs saved.

4.The hotel reserves the right to demand the contractually agreed compensation and calculate the savings as a lump sum. In this case, the customer is obligated to pay at least 80% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board, and 60% for full-board arrangements. It is the customer's responsibility to prove that the stated claim either did not arise or does not exist to the required amount.

V. Withdrawal by the hotel

1.If a written agreement has been made regarding the customer's right of withdrawal within a specified period, the hotel also has the right to withdraw from the contract during this period if other guests request the booked rooms and the customer does not waive his right of withdrawal upon request from the hotel.

2. If an advance payment agreed upon or required in accordance with III Section 6 is not made, the hotel is also entitled to withdraw from the contract.

3. In addition, the hotel has the right to withdraw from the contract for objectively justified reasons, for example if: • force majeure or other circumstances beyond the hotel's control make fulfillment of the contract impossible; • rooms are reserved using misleading or false information, such as information about the customer or the purpose of the booking; • the hotel has reasonable grounds to suspect that the use of its services could jeopardize the smooth running of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of influence or organization; • there is a breach of the above-mentioned paragraph 1.2.

4. In the event of a justified cancellation by the hotel, the customer shall have no right to compensation.

VI. Provision, handover and return of rooms

1. The customer has no right to be assigned specific rooms.

2. The reserved rooms are available to the customer from 3:00 PM on the agreed arrival date. There is no right to earlier availability.

3.Rooms must be vacated by 11:00 a.m. on the scheduled departure date at the latest. Otherwise, the hotel may charge 50% of the regular room rate (list price) for late departure until 6:00 p.m.; after 6:00 p.m., the full rate of 100% is due. This provision does not constitute any contractual claims on the part of the customer. The customer is free to prove that the hotel has incurred no or only a significantly lower claim to user fees.

VII. Liability of the hotel

1. The hotel assumes responsibility for the obligations arising from the contract with the due care of a prudent businessman. Customer claims for damages are excluded. Excluded from this are damages affecting life, limb, or health, provided the hotel is responsible for the breach of duty, as well as other damages resulting from intentional or grossly negligent breaches of duty by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation as soon as it becomes aware of them or receives an immediate complaint from the customer. The customer is obligated to make a reasonable contribution to remedying the disruption and minimizing any potential damage.

2. The hotel is liable to the customer for items deposited at the hotel in accordance with statutory provisions, i.e., up to 100 times the room rate, but not exceeding €3,500, as well as for money, securities, and jewelry up to an amount of €800. Money, securities, and jewelry up to a maximum value of €7,500 can be stored in the hotel safe or in the room safe. The hotel recommends making use of this option. Liability claims expire if the customer does not immediately report any loss, destruction, or damage to the hotel upon becoming aware of it. (Section 703 of the German Civil Code)

3. If a parking space is provided to the customer in the hotel garage or on one of the hotel's parking lots, even for a fee, this does not constitute a safekeeping contract. The hotel is not liable for loss or damage to vehicles and their contents parked or maneuvered on the hotel premises, except in cases of intent or gross negligence. This also applies to the hotel's vicarious agents.

4. Wake-up calls are handled with the utmost care by the hotel. Messages, mail, and shipments for guests are handled with care. The hotel assumes responsibility for delivery and storage, and – upon request – for a fee, forwarding of these shipments.

VIII. Final provisions

1. Any changes or additions to the contract, the acceptance of the application, or these Terms and Conditions for Hotel Accommodation must be made in writing. Unilateral modifications or additions by the customer are invalid.

2. The place of performance and payment is Rostock.

3. The exclusive place of jurisdiction – including for disputes related to checks and bills of exchange – in commercial transactions is Rostock. Should a contractual partner meet the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure (ZPO) and not have a general place of jurisdiction in Germany, the registered office of the hotel shall be deemed the place of jurisdiction.

4. German law applies. The provisions of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws are excluded.

5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be ineffective or invalid, the validity of the remaining provisions shall remain unaffected.