General Terms and Conditions

SCOPE OF APPLICATION

1.1 The provisions of these terms and conditions apply to contracts relating to the rental of hotel rooms for accommodation and all associated services provided by the hotel. The term ‘hotel accommodation contract’ encompasses various agreements such as accommodation, guest accommodation and hotel room contracts.

1.2 Subletting or using the rooms for purposes other than accommodation requires the prior written consent of the hotel in text form, whereby § 540 (1) sentence 2 BGB is waived, unless the customer is not a consumer within the meaning of § 13 BGB.

1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in writing.

CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS

2.1 The contract between the hotel and the customer is concluded when the hotel accepts the customer's request. The hotel is free to confirm the room reservation in writing.

2.2 All claims against the hotel shall become time-barred one year after the start of the statutory limitation period, except for claims for damages and other claims based on intentional or grossly negligent breach of duty by the hotel.

SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel undertakes to keep the booked rooms available and to provide the agreed services.

3.2 The customer must pay the agreed or applicable prices of the hotel for the provision of rooms and all additional services. This also includes services that the customer orders directly or through the hotel from third parties and which are advanced by the hotel. This includes, in particular, claims from copyright collecting societies.

3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Local charges that are payable by the guest in accordance with the respective municipal law, such as visitor's tax, are not included. If the statutory value added tax changes or local charges on the subject matter of the service are introduced, changed or abolished after conclusion of the contract, the prices will be adjusted accordingly. This adjustment shall only apply to contracts with consumers if the period between the conclusion of the contract and the performance of the contract exceeds four months.

3.4 The hotel reserves the right to agree to a subsequent reduction in the number of rooms booked, the hotel services or the length of the customer's stay only on condition that the price for the rooms and/or other hotel services is increased accordingly.

3.5 The hotel's invoices are payable immediately upon receipt without deduction. In the event of default of payment by the customer, the statutory provisions shall apply. Unless otherwise agreed, payment on account must be made within 10 days of receipt of the invoice without deduction.

3.6 Upon conclusion of the contract, the hotel may require the customer to make a reasonable advance payment or provide security in the form of a credit card, for example in the form of a credit card guarantee. The amount and payment dates of the advance payment may be specified in writing in the contract. The statutory provisions apply to advance payments and security deposits in connection with package tours. In the event of default of payment on the part of the customer, the statutory provisions shall apply.

3.7 In certain situations, such as a payment arrears on the part of the customer or an extension of the scope of the contract, the hotel may, even after conclusion of the contract and up to the start of the stay, increase the advance payment or security deposit within the meaning of section 3.6 above to the full amount of the remuneration.

3.8 The hotel reserves the right to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay in accordance with Section 3.6 for existing and future claims arising from the contract, provided that such payment has not yet been made in accordance with Section 3.6 and/or Section 3.7. The customer agrees that invoices will be sent to them electronically.

3.9 The customer may only offset an undisputed or legally established claim against a claim by the hotel.

CANCELLATION BY THE CUSTOMER (CANCELLATION, WITHDRAWAL) NON-UTILISATION OF THE HOTEL'S SERVICES (NO SHOW)

4.1 The customer may only withdraw from the contract if this is expressly provided for in the contract, if there is a statutory right of withdrawal, or if the hotel expressly agrees to the cancellation of the contract. Rights of withdrawal and contract cancellations must be agreed in writing.

4.2 If a free withdrawal date has been agreed, the customer may withdraw until then without the hotel being entitled to payment or compensation. The customer's right of withdrawal expires if he does not exercise it by the agreed date.

4.3 If no right of withdrawal has been agreed or has already expired and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration, even if the service has not been used. The hotel takes into account income from other room rentals and saved expenses. If the rooms are not rented to other parties, the hotel may deduct the saved expenses as a lump sum. In this case, the customer must pay 90% of the agreed price for accommodation with or without breakfast and for package deals with third-party services, 70% for half-board and 60% for full-board arrangements. The customer may prove that the claim has not arisen or has not arisen in the amount claimed.

WITHDRAWAL BY THE HOTEL

5.1 The hotel reserves the right to withdraw from the contract if it can withdraw free of charge within an agreed period and other customers show interest in the booked rooms. The hotel may also withdraw from the contract if an agreed advance payment or security deposit is not made on time, despite a reasonable grace period on the part of the hotel.

5.2 If the agreed or requested advance payment or security deposit in accordance with Section 3.6 and/or Section 3.7 is not made even after the expiry of a reasonable period set by the hotel, the hotel reserves the right to withdraw from the contract.

5.3 The hotel reserves the right to withdraw from the contract under certain circumstances, such as force majeure or other unforeseeable circumstances that make it impossible to fulfil the contract. This also applies in the event of misleading bookings of rooms or suites due to false information or the concealment of important information such as the identity of the customer, solvency or purpose of the stay; if the hotel has reasonable grounds to believe that the use of the services could jeopardise the smooth operation, safety or reputation of the hotel, without this being attributable to the hotel; if the purpose of the stay is unlawful; or in the event of a breach of the provisions set out in section 1.2.

5.4 The hotel's lawful withdrawal does not give rise to any claim for damages on the part of the customer.

ROOM AVAILABILITY, HANDOVER AND RETURN

6.1 The customer has no right to be provided with specific rooms unless this has been expressly agreed in writing.

6.2 The booked rooms are available to the customer from 3 p.m. on the day of arrival, and there is no right to earlier availability.

6.3 On the day of departure, the rooms must be vacated by 11:00 a.m. at the latest. If the rooms are still in use after this time, the hotel may charge 50% of the full accommodation price until 5 p.m. and 100% after 5 p.m. This does not give rise to any further contractual claims on the part of the customer, unless they can prove that the hotel has incurred no or significantly less damage.

LIABILITY OF THE HOTEL

7.1 The hotel assumes liability for damages caused by intentional or grossly negligent acts of the hotel, including damages to life, body or health. These obligations are decisive for the proper fulfillment of the contract. A breach of these obligations by the hotel or its representatives shall be deemed to be equalized. Further claims for damages are excluded, unless otherwise regulated in Section 7. If there are problems or deficiencies in the hotel services, the hotel will endeavor to rectify these as soon as it becomes aware of them or the customer reports them immediately. The customer should do his best to help rectify the problem and minimize damage.

7.2 The hotel assumes liability for items brought into the hotel in accordance with the statutory provisions. It is recommended to use the room safe or hotel safe. If the customer wishes to store money, securities or valuables worth more than € 800 or other items worth more than € 3,500, this must be specified in a separate agreement with the hotel.

7.3 If the customer is provided with a parking space in the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall only be liable in accordance with the provisions of Section 7.1 for loss of or damage to motor vehicles parked or maneuvering on the hotel premises and their contents.

7.4 The customer's messages will be treated with care. After consultation with the customer, the hotel may accept, store and, if necessary, forward mail and parcels for a fee. The hotel's liability is governed by the provisions in section 7.1.

FINAL PROVISIONS

8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in writing. Unilateral amendments or additions are not valid.

8.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction - also for check and bill of exchange disputes - is Osnabrück in commercial transactions. If the customer fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, Osnabrück shall be the place of jurisdiction.

8.3 German law shall apply, and the application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.4 In accordance with legal obligations, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): ec.europa.eu/consumers/odr/. The hotel participates in this procedure. Further information on the ODR platform pursuant to Art. 14 (2) ODR Regulation is available.