Terms and Conditions (GTC)
I. Scope of Applicability
These Terms and Conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer.The prior written consent of the hotel is required if rooms provided are to be sublet, rented out or used other than for lodging purposes.The customer’s general terms and conditions shall apply only if this is previously expressly agreed in writing
II. Conclusion of Contract, Contracting Parties, Statute of Limitations
The contract shall come into force upon the hotel’s acceptance of the customer’s application. At its discretion, the hotel may confirm the room reservation in writing.The parties to the contract are the hotel and the customer. If a third party placed the order on behalf of the customer, that party shall be liable for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer.The hotel is liable for any obligations based on the contract. This liability is limited to wrongful intent and gross negligence on the part of the hotel in non-typical services.Any claims against the hotel shall generally be time-barred six months.The above-mentioned limitation of liability and brief limitation period apply to the hotel's benefit even if obligations are violated during actions leading up to the contract and in case of positive violations of contractual obligations.
III. Performances, rates, payment, set-off
The hotel undertakes to keep the rooms reserved by the customer available, and to render the services which have been agreed in advance.The customer is obligated to pay the applicable or agreed hotel rates for rooms provided and for other services used. This also applies to the hotel's services and outlays to third parties caused by the customer.The agreed rates include relevant and statutory value-added tax. If the value-added tax increases, then the hotel may raise the rate agreed by contract to a reasonable extent. If the period between conclusion and fulfillment of the contract exceeds months, and if the rate generally charged by the hotel for such services increases, then the hotel may raise the rate agreed by contract to a reasonable extent, but not by more than 10 %.Furthermore, the hotel may change rates if the customer later wishes to make alterations in the number of reserved hotel rooms, the services of the hotel, or the length of the stay of customers, and the hotel consents to them.Hotel bills bearing no settlement date have to be paid in full within ten days of receipt. At any time, the hotel is entitled to call in accruing amounts owed and to insist upon immediate payment. In case of delayed payment, the hotel may charge interest to the extent of 5 % above the basic interest rate of the European Central Bank. The customer and hotel reserve the right to provide evidence of lower or higher damages, respectively.The hotel is entitled to insist upon an appropriate advance payment or security deposit upon conclusion of contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and dates for payment may be agreed in writing in the contract.The customer may offset or reduce a claim made by the hotel only against an indisputable and legally binding claim.
IV. Rescission by customer (cancellation)
Rescission of the contract concluded with the hotel by the customer requires the hotel's written consent. If it is not granted on the part of the hotel, then the rate agreed in the contract must be paid even if the customer does not avail himself of contractual services. This does not apply in cases of delayed performance of the hotel or of impossibility of performance for which the hotel is at fault.To the extent that the hotel and customer agreed upon in writing a date for rescinding the contract, the customer may rescind the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of rescission expires if he does not exercise his rescission right in writing to the hotel by the agreed date; to the extent there is no delay in performance by the hotel or impossibility of performance for which the hotel is at fault.If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses.At its own discretion, the hotel may require flat-rate compensation from the customer for damages incurred. Then the customer is obligated to pay 90% of the contractually agreed rate for lodging with or without breakfast. The customer is at liberty to prove that no damages were incurred or that the damages incurred by the hotel were lower than the flat-rate amount charged.
V. Rescission by the Hotel
In the event that a right of rescission within a certain period of time was agreed in writing for the customer, the hotel is entitled for its part to rescind the contract during that period if there are inquiries from other customers concerning the contractually reserved rooms and the customer does not waive his right of rescission when asked by the hotel.If an agreed advance payment is not made even after a reasonable period of grace set by the hotel with warning of rejection has expired, then the hotel is likewise entitled to rescind the contract.
Furthermore, the hotel is entitled to affect an extraordinary rescission of the contract for a materially justifiable cause, for example if
force major (an act of god) or other circumstances for which the hotel is not responsible, make it impossible to fulfill the contract
rooms are reserved with misleading or false information regarding major facts such as the identity of the customer or the purpose
the hotel has justifiable cause to believe that use of the hotel's services and performances might jeopardize the smooth operation of the hotel, its security or public reputation without being attributable to the hotel's sphere of control or organization
there is a violation of clause applicability of paragraph 2.The hotel has to immediately notify the customer of its right of rescission.The customer cannot derive any claim for compensation from justified rescission by the hotel.
VI. Room availability, delivery and return
The customer does not acquire the right to be provided specific rooms.Reserved rooms are not available before 2.00 p.m. to the customer on the agreed arrival date. The customer does not have the right to earlier availability.Rooms must be vacated and made available to the hotel no later than 10.00 a.m. on the agreed departure date. After that time, the hotel may charge 50 % of the full accommodation rate (list price) in addition to damages so incurred for the additional use of the room until 6.00 p.m., after 6.00 p.m. 100 %. The customer is at liberty to prove to the hotel that it incurred no or much lesser damages.The front desk is available from 7.00 a.m. through 10.00 a.m. and from 2.00 p.m. through 6.00 p.m. In between or after front desk opening hours, hotel employees can be contacted via telephone.
VII. Liability of the Hotel
The hotel assumes liability for the due care and diligence of a prudent merchant. However, its liability is limited to performance defects in non- typical service areas, damages, consequent damages, and faults or defects resulting from intent or gross negligence on the part of the hotel. Should faults or defects of the hotel's services occur, the hotel will endeavor to remedy the situation when the hotel is notified of this or upon the customer's immediate notification of the defect or fault. The customer undertakes to contribute reasonable assistance in remedying the fault and minimizing any possible damages.The hotel's liability towards the customer's property brought into the hotel is in accordance with the statutory provisions, the liability is limited to times the room price, however, at most EUR 3000,-. as well as for cash and valuables at most EUR 750,-. Liability claims expire unless the customer immediately notifies the hotel after learning of the loss, destruction or damage to the hotel. (§ German Civil Code)Unlimited liability of the hotel is governed by the statutory provisions.Insofar as a parking space is provided to the customer in the hotel car park or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is charged. The hotel assumes no liability for loss of or damage to motor vehicles parked or maneuvered on the hotel's premises or its contents, excepting cases of intent or gross negligence. This also applies to people carrying out jobs for and being employed by the hotel.Messages, mail and merchandise deliveries for hotel guests are handled with care. The hotel will deliver, hold and for a certain fee forward such items by request. Damage compensation claims are precluded hereby, excepting cases of gross negligence or intent.
Amendments or additions to this contract, the acceptance of the proposal or his General Terms and Conditions must be made in writing. Partial amendments or additions through the customer are not applicable.Place of fulfillment and payment is the registered office of the hotel.Exclusive place of jurisdiction in commercial transactions - including check and bills of exchange disputes- is in Prenzlau. If the customer has no general place of jurisdiction according to the regulations of § paragraph German Code of Civil Procedure in Germany, the place of jurisdiction shall be Prenzlau.German law shall apply.Should individual terms of these Standard terms of business be invalid or void, this shall not thereby affect the validity of the remaining terms. Contracting parties are obligated to substitute invalid or void terms with valid regulations. Apart from this, the statutory provisions shall apply.Separate terms and conditions shall apply for events.