Terms and Conditions

1. Scope of Application

1.1 These terms and conditions apply to contracts for the temporary rental of hotel rooms for accommodation purposes as well as all additional services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). They do not apply to package holidays within the meaning of Section 651a of the German Civil Code (BGB). The term “hotel accommodation contract” includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

1.2 The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior consent of the hotel in text form. The right of termination pursuant to Section 540 Paragraph 1 Sentence 2 BGB is excluded.

1.3 The customer’s general terms and conditions shall only apply if expressly agreed in text form.

2. Conclusion of Contract, Contracting Parties

The contracting parties are the hotel and the customer. The contract is concluded upon acceptance of the customer’s application by the hotel. In the case of bookings via the hotel’s own website, the contract is concluded by clicking the “BOOK NOW” button.

3. Services, Prices, Payment, Offsetting

3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the room rental and the additional services used by the customer. This also applies to services commissioned directly by the customer or via the hotel and provided by third parties, which the hotel has advanced payment for.

3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local charges owed personally by the guest under the respective municipal law, such as visitor’s tax.

If the statutory VAT changes or local charges relating to the service are newly introduced, changed or abolished after conclusion of the contract, the prices shall be adjusted accordingly. In contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.

3.4 If payment by invoice has been agreed, payment shall be made within ten days of receipt of the invoice without deduction, unless otherwise agreed.

3.5 The hotel is entitled to require an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the event of default of payment by the customer, the statutory provisions shall apply.

3.6 In justified cases, for example payment arrears by the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract and up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of Clause 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.7 Furthermore, the hotel is entitled to demand from the customer at the beginning and during the stay an appropriate advance payment or security deposit within the meaning of Clause 3.5 above for existing and future claims arising from the contract, insofar as such payment has not already been made pursuant to Clauses 3.5 and/or 3.6 above.

3.8 The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.

3.9 The customer agrees that the invoice may be transmitted electronically.

4. Withdrawal / Termination (“Cancellation”) by the Customer
Non-Use of the Hotel Services (“No Show”)

4.1 A unilateral withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract or if there is a statutory right of withdrawal or termination.

4.2 If the hotel and the customer have agreed on a deadline for free withdrawal from the contract, the customer may withdraw from the contract until that date without triggering payment or compensation claims by the hotel. The customer’s right of withdrawal expires if it is not exercised in text form vis-à-vis the hotel by the agreed deadline.

4.3 If a right of withdrawal has not been agreed or has already expired and there is no statutory right of withdrawal or termination, the hotel retains the claim to the agreed remuneration despite non-use of the service. The hotel must credit the income from renting the rooms elsewhere and the expenses saved. If the rooms are not rented elsewhere, the hotel may apply a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for overnight accommodation with or without breakfast. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.

5. Withdrawal by the Hotel

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled during this period to withdraw from the contract if inquiries from other customers regarding the contractually booked rooms exist and the customer does not waive their right of withdrawal upon request by the hotel within a reasonable deadline.

5.2 If an advance payment or security deposit agreed or requested pursuant to Clauses 3.5 and/or 3.6 is not made even after expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw extraordinarily from the contract for objectively justified reasons, in particular if:

• force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible;
• rooms or premises are booked under misleading or false statements or concealment of essential facts;
• the hotel has justified reason to assume that use of the service may jeopardize the smooth operation, security, or public reputation of the hotel;
• the purpose or reason for the stay is unlawful;
• there is a violation of Clause 1.2 above.

5.4 A justified withdrawal by the hotel does not give rise to a claim for damages by the customer.

6. Room Availability, Handover, and Return

6.1 The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed in text form.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer is not entitled to earlier availability.

6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest, unless a late checkout has been booked in advance. Thereafter, due to the delayed vacating of the room, the hotel may charge 50% of the full lodging price for use beyond the contract until 6:00 p.m., and 80% after 6:00 p.m.

7. Liability of the Hotel

7.1 The hotel is liable for damages for which it is responsible arising from injury to life, body, or health. Furthermore, it is liable for other damages based on intentional or grossly negligent breaches of duty by the hotel or on intentional or negligent breaches of typical contractual obligations by the hotel.

7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends use of the hotel or room safe.

7.3 If the customer is provided with a parking space in the hotel parking lot, even for a fee, no safekeeping contract is thereby concluded.

7.4 Wake-up calls are carried out by the hotel with the utmost care.

8. Final Provisions

8.1 Amendments and supplements to the contract, the acceptance of the application, or these General Terms and Conditions should be made in text form.

8.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be the registered office of the hotel (Oldenburg/OL).

8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

8.4 The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.