Standard terms and conditions

Standard terms and conditions relating to stays in the hotel

 

This translation into English of the German original is provided in good faith for information purposes only. Note that the German version takes precedence.

 

I. Scope

 

1. These terms and conditions apply to all contracts governing the provision on a rental basis of hotel rooms as accommodation and also all services rendered and supplies made by the HausRheinsberg Hotel am See, unless other special agreements governing these have been reached. The Customer is the user of the services provided by the hotel.
 

2. A room may not be shared, sub-let to a third-party or used for purposes other than that of accommodation without the prior express permission of the hotel, whereby Section 540.1 Sentence 2 of the German Civil Code (BGB) is ceded, to the extent that the Customer is not consumer.
 

3. Terms and conditions of the customer are only applicable when this has been agreed upon expressly in writing in advance.

 

II. Conclusion of the contract, parties, liability; limitation period

 

1. The accommodation contract between the Hotel and Customer is concluded with the acceptance of the Customer's booking by the Hotel. The Hotel is at liberty to provide the Customer with written confirmation of the room booking.
 

2. The parties to the contract are the Hotel and the Customer. To the extent that a third party places an order by telephone or in writing on behalf of the Customer, the Hotel is entitled to make the performance or implementation of a booking contingent on the presentation of an explicit power of attorney. In the event that the power of attorney is not presented or the authorised representative disputes the extent of the power of attorney, the person making the booking is liable for any damages arising.
 

3. The Hotel is liable for its obligations under the contract. However, this liability is limited to intentional acts and gross negligence, to the extent that such a restriction is legally valid. Further liability is only founded when this has been expressly agreed in writing by the Hotel.
 

4. All claims against the Hotel lapse in one year from the beginning of the regular limitation period dependent on knowledge in accordance with Section 199.1 BGB. Claims lapse independently of knowledge in five years. The shorter period of limitation shall not apply for claims which are based on intentional or grossly negligent breaches of duty by the Hotel.

 

III. Service, charges, payment and invoicing

 

1. The Hotel is obliged to make available a room as booked by the Customer and to provide the agreed services. The Hotel is freed from its obligation to perform, without giving a period of notification, if the Customer has given notice that the arrival will be delayed by no later than 18.00 on the agreed day of arrival, or does not appear on the agreed date of arrival.
 

2. The Customer is obliged to pay the valid or agreed hotel rates for the provision of the room and for the other services of which use is made. This applies also to services provided for and costs incurred on behalf of third-parties at the request of the Customer.
 

3. The agreed prices include applicable value-added tax at the legally valid rate on the date of the invoice.
 

4. If the period between conclusion of the contract and its performance exceeds four months, and the price generally charged by the Hotel for such performance has increased, then the Hotel may increase the contractual price charged appropriately, but by not more than 5%.
 

5. The prices may also be altered by the Hotel if the Customer wishes to make retrospective alterations to the number of rooms booked, the performances to be provided by the Hotel or the length of the stay and the Hotel agrees to this.
 

6. Hotel bills are generally to be paid when the customer is departing. In other cases, without specification of a date on which payment is due, invoices of the Hotel are payable in full within ten days of receipt of the invoice, with no discount. The Hotel is entitled at any time to present an invoice for costs already incurred and to demand immediate payment. In the event of a delay in payment, the Hotel is entitled to charge the relevant interest on overdue accounts in accordance with Section 286 German Civil Code (BGB) or for those with merchant status in accordance with Section 352 BGB. The Hotel retains the right to present evidence of higher damages incurred.
 

7. On conclusion of the contract or subsequently, and taking into account the legal provisions relating to package tours, the Hotel is entitled to demand payment of a suitable advanced payment or deposit. The amount of the advanced payment and the date of payment can be agreed in writing in the contract.
 

8. The Customer may only reckon an undisputed or legally-binding claim against a claim of the hotel, in whole or in part.

 

IV. Withdrawal of the Customer (cancellation)

 

1. The withdrawal of the Customer from a contract concluded with the Hotel requires the written agreement of the Hotel. If this is not forthcoming, then the price agreed in the contract is to be paid, even if the Customer does not make used of the contractually agreed services. However, this shall not apply in cases in which there is a delay in the provision of the services by the Hotel or if the services cannot be provided due to causes for which the Hotel is responsible.
 

2. To the extent that a deadline for cancellation has been agreed in writing between the Hotel and the Customer, then the Customer is entitled to withdraw from the contract though until this date without giving the Hotel grounds to claim for payment or the payment of damages. The right of withdrawal of the Customer expires if use has not been made of this right to withdraw by the agreed date at the latest, expressed in writing to the Hotel, or unless the services cannot be provided for a reason for which the Hotel is responsible. The punctuality of the withdrawal is determined by the time of receipt of the Customer's declaration by the Hotel.
 

3. In the case of rooms which are not used the Customer, the Hotel shall make allowance for receipts from subsequent rental to others as well as for possible savings in costs.
 

4. The Hotel is entitled to demand payment of the contractually agreed sum, and to deduct a lump-sum for savings in the costs. In such a case the Customer is obliged to pay at least 90 % of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The Customer is entitled to provide proof that the above-specified claim has not been incurred, or not incurred in full.

 

V. Withdrawal by the Hotel

 

1. To the extent that a right of withdrawal within a specified period has been agreed in writing for the Customer, then the Hotel is also entitled to withdraw from the contract within this period if requests have been received from other customers for the contractually booked rooms, and the Customer is not prepared to relinquish the right of withdrawal against the Hotel on being requested to do so by the Hotel.
 

2. If an advanced payment which has been agreed or demanded in accordance with Section III, No. 7 above has not been paid, even after an additional period of grace has been granted by the Hotel, then the Hotel is also entitled to withdraw from the contract.
 

3. Furthermore, the Hotel is entitled to withdraw extraordinarily from the contract with just cause, for example in the event that:
§ Force majeure or other circumstances for which the Hotel is not responsible make it impossible to fulfil the contract,
§ Rooms are booked under misleading or false disclosure of significant facts, relating for example to the person of the Customer or the purpose for which a booking is made,
§ The Hotel has grounds to assume that the utilisation of the services of the Hotel could endanger the smooth running of operations, the safety or the public reputation of the Hotel, without this being attributable to the area of control or area of organisation of the Hotel,
§ There has been a breach of the Section I No. 2 above.
 

4. A justified withdrawal by the Hotel does not give the Customer grounds to claim damages.

 

VI. Room availability, room transfer, return of room

 

1. The Customer does not acquire a claim to a specific room.
 

2. Booked rooms are available to guests from 3.00 p.m. on the agreed day of arrival. The Customer is not entitled to access to a room before this time.
 

3. On the day of departure the room must be vacated by 11.00 a.m., unless otherwise expressly agreed in advance. If vacated at a later time, the Hotel is entitled, in addition to the damages incurred, to charge also 80 % of the full list price for board for the additional use of the room up to 6.00 p.m., or 100 % after 6.00 p.m. The customer is entitled to demonstrate that the Hotel has suffered no damages, or significantly lower damages.

 

VII. Demands on the guest

 

1. HausRheinsberg Hotel am See is a hotel holiday complex for people with physical handicaps and multiple handicaps. It is open to guests with at least 50 degree disability and/or guests who as a result of their physical condition are reliant on the assistance of others, as well as accompanying persons.
 

2. The hotel does not have its own care personnel. The guests must be in a position to carry out the regular daily tasks themselves without constant assistance. If a guest is dependent on the help of others due to their physical state, then they must make provisions at their own cost for an accompanying person. The Hotel is glad to organise contacts to local social stations, providers of ambulant services, and similar services. Specific arrangements and agreements must be concluded by the Guest in person.
 

3. If a care service is not made use of, despite the evident need of the Guest for care, then the Hotel is entitled, at the latest on gaining knowledge of an unacceptable state of affairs, to order a care provider at the cost of the guest. All resultant costs are borne by the guest.

 

VIII. Liability of the hotel

 

1. The Hotel is liable with respect to prudent business diligence. In areas which do not belong to the typical range of services of a hotel booking contract, however, the liability is limited to those inadequacies of performance, damages, secondary damages, or disturbances which are attributable to intent or gross negligence on the part of the Hotel. Should disturbances or inadequacies arise in the services provided by the Hotel, then on learning of these or on immediately receiving a complaint from the Customer, the Hotel will make efforts to redress the situation. The Customer is obliged to do what can reasonably be expected in order to overcome the disturbance and to keep damages as low as possible.
 

2. The Hotel is liable towards the Customer for introduced objects in accordance with legal provisions, that is up to 100-times the price of the room or a maximum of EUR 3,500, as well as for cash and valuables up to EUR 800. Cash and valuables can be stored in the guests' deposit boxes. The Hotel recommends that use be made of this facility. Claims for liability expire if the Customer does not report the loss, destruction or damage to the Hotel immediately after becoming aware of it (Section 703 German Civil Code). Regarding further liability of the Hotel, the provisions specified above in Number 1 Sentences 2 to 4 shall apply by analogy.
 

3. If the Customer is provided with a parking space in the Hotel garage or on a Hotel car park, even if this is against payment, this shall not give rise to a contract of custody. Except in cases of intentional acts or gross negligence, the Hotel does not accept liability for the loss of or damage to a motor-vehicle which is parked or is being manoeuvred on the grounds of the Hotel, nor for the contents of the vehicle. The provisions specified above in Number 1 Sentences 2 to 4 shall apply by analogy.
 

4. Alarm calls are carried out with great care. Messages, post and deliveries for the Customer are also handled with great care. The Hotel is prepared to deliver, store, and - if so desired - to send on such items for a charge. Claims for damages are excluded, except in cases of gross negligence or intentional acts.

 

IX. Concluding provisions

 

1. Alterations or additions to the contract, the booking confirmation or these terms and conditions for hotel bookings must be made in writing. No party is entitled to call on other practice which deviate from this. Unilateral alterations and / or additions by the Customer are ineffective.
 

2. The place of performance and of payment is Rheinsberg.
 

3. The exclusive place of legislation - including for activities relating to cheques and bills of exchange - is the location of the Hotel. If the partner to the contract fulfils the conditions in accordance with Section 38.1 Code of Civil Procedure (ZPO) or does not have a general place of jurisdiction in Germany, then the place of jurisdiction is the location of the Hotel.
 

4. German law applies. The application of UN Convention on Contracts for the International Sale of Goods is excluded as are the principles of conflict of laws.
 

5. Should any provision of these terms and conditions for the hotel bookings prove invalid or void, this shall in no way affect the validity of the other provisions. Otherwise, legal provisions shall apply.

 

(Last revision: August 2003)

 

HausRheinsberg

Donnersmarckweg 1
16831 Rheinsberg
Germany
Tel: 0049 (0) 33931 / 344-0

Fax: 0049 (0) 33931 / 344-555