General terms & conditions

Hotel Birkensee

Please note that this translation is a service. Only the original German version of the general terms and conditions shall be deemed to be the legally binding text of the contract.

I. Scope of Application

1. These Terms and Conditions shall apply to contracts for the rental of hotel rooms for lodging purposes, as well as to all other services and deliveries provided to the customer by the hotel (hereinafter referred to as the "hotel").

2. Subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the Hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.

3. The customer's general terms and conditions shall apply only if expressly agreed in writing in advance.

II. Conclusion of Contract, Contractual Partner ; Statute of Limitations

1. The contract shall be concluded by the hotel's acceptance of the customer's application. The hotel shall be free to confirm the room reservation in writing. 2.

2. The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party. 3.

3. All claims against the hotel shall generally become statute-barred after one year from the beginning of the knowledge-dependent regular limitation period of § 199 I BGB. Claims for damages shall become statute-barred after five years irrespective of knowledge. The reductions in the statute of limitations do 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 obligated to hold the rooms booked by the customer ready and to provide the agreed services.

2. The customer shall be obligated to pay the prices of the hotel applicable or agreed for the provision of the rooms and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer. 3.

3. The agreed prices include the respective statutory value added tax. If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 5%.

4. prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel's services or the length of the guests' stay and the hotel agrees thereto.

5. Invoices shall be settled immediately in cash or by EC payment. Only by prior agreement are invoices without a due date payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to call in accrued claims at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge interest at a rate of 8% or, in the case of legal transactions involving a consumer, 5% above the base rate. The hotel reserves the right to prove higher damages. 6.

6. The hotel shall be entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee, a down payment or similar upon conclusion of the contract or thereafter, taking into account the legal provisions. The amount of the advance payment and the payment dates may be agreed in writing in the contract. 7. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

IV. Withdrawal of the customer (i. e. cancellation) / non-utilisation of the hotel's services

1. the customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract and requires the hotel's written consent. If this is not given, the agreed price under the contract shall be payable even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the hotel's obligation to show consideration for the rights, legal assets and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result, or if the customer is entitled to another statutory or contractual right of withdrawal. 2.

2. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal pursuant to clause IV. number 1 sentence 3 Withdrawal of the customer exists. 3.

3. In the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved.

4. The hotel shall be free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight accommodation with or without breakfast. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.

V. Cancellation by the hotel

1. If the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed in writing, the hotel shall be entitled for its part to withdraw from the contract within this period of time if there are requests from other customers for the contractually reserved rooms and the customer does not waive his right to withdraw from the contract upon inquiry by the hotel.

2. If an agreed advance payment or security deposit required in accordance with III.6 above is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; - rooms or rooms are booked under misleading or false statements of material facts, e.g. the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardise the smooth operation of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation. - there is a breach of I. Item 2 above or the purpose of the stay is unlawful. 4.

4. in the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VI. room provision, handover and return

1. The customer does not acquire a claim to the provision of certain rooms.

2. booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier availability. 3.

3. the rooms must be vacated and made available to the hotel no later than 11:30 a.m. on the agreed day of departure. Thereafter, the hotel may charge 80 % of the full accommodation price (list price) for the late vacating of the room for use in excess of the contract until 6:00 p.m., and 100 % from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer shall be at liberty to prove that the hotel has not incurred any claim to a charge for use or that the claim is substantially lower.

VII. Liability of the Hotel

1. The hotel shall be liable for its obligations under the contract with the due care and diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is responsible for the breach of duty, and other damages based on an intentional or grossly negligent breach of duty by the hotel. A breach of duty by the hotel shall be deemed equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable in order to remedy the disruption and minimise any possible damage. 2.

2. the hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and in deviation therefrom for money, securities and valuables up to a maximum of € 100. Money. Please do not keep any securities or valuables in the hotel room. Liability claims expire unless the customer notifies the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). Any further liability on the part of the hotel shall be governed by the foregoing paragraph 1, sentences 2 to 4.

3. Insofar as a parking space is made available to the customer in a hotel car park or on the campground grounds, even for a fee, this shall not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the property and their contents, except in the case of intent or gross negligence. This also applies to vicarious agents of the hotel. Clause 1, sentences 2 to 4 above shall apply accordingly.

VIII. final provisions

1. Any amendments or additions to the contract, the acceptance of the application or these Terms and Conditions for Hotel Accommodation shall be made in writing. Unilateral amendments or supplements by the customer are invalid. 2.

2. the place of performance and payment shall be the registered office of the hotel.

3. The exclusive place of jurisdiction for commercial transactions shall be Hanover. If a contracting party fulfils the prerequisite of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. 4.

4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions 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. In all other respects, the statutory provisions shall apply.