GTC

Hotel Zweite Heimat GmbH | Das Strandhotel - St. Peter-Ording

I. Scope of application

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided by the hotel for the customer.
2. The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
3. The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II Conclusion of contract, contract partners; limitation period

1. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the room booking in writing.
2. The contractual partners are the hotel and the customer. If a third party has booked on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel are generally subject to a limitation period of one year from the beginning of the regular limitation period of § 199 para. 1 BGB (German Civil Code), which is dependent on knowledge. Claims for damages shall become time-barred after five years irrespective of knowledge. The shortening of the limitation period shall 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 obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services utilised by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but by no more than 5%.
4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of the guests' stay and the hotel agrees to this.
5. Hotel invoices without a due date are payable in full within 8 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.
6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. 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 by the hotel with an undisputed or legally binding claim.
8. Hotel vouchers with the services described can also be redeemed for other hotel offers.

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

1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not utilise contractual services. This shall not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of cancellation.
2. If the hotel and the customer have agreed in writing on a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation shall expire if he does not exercise his right of cancellation in writing vis-à-vis the hotel by the agreed date, unless a case of cancellation by the customer pursuant to No. 1 sentence 3 exists.
3. The following cancellation deadlines apply:
   - For individual reservations, cancellation is possible free of charge up to the 15th day before arrival. From 14 days before the date of arrival we charge 80% of the room price or package price.
   - Cancellations by groups (10 persons or more) are accepted free of charge up to 28 days before arrival.
   - Cancellations by groups will be charged at 80% of the room price from the 28th day before the arrival date. From the 14th day before arrival we charge the full room and catering price without any deductions.
   - Insofar as trade practices exist which conflict with the agreements listed under Clause IV, it is expressly agreed that these trade practices shall not apply between the contracting parties.

V. Cancellation by the hotel

1. Insofar as a right of cancellation free of charge for the customer within a certain period has been agreed in writing, the hotel is entitled to cancel the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of cancellation upon enquiry by the hotel.
2. If an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinary cancellation of the contract 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 are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose;
   - the hotel has justified cause to believe that the use of the hotel's services may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel's sphere of control or organisation.
   - there is a breach of Clause I No. 2 above.
4. In the event of justified cancellation by the hotel, the customer shall have no claim to compensation.

VI Room provision, handover and return

1. The customer does not acquire any claim to the provision of specific rooms.
2. Booked rooms are available to the customer from 3.00 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. A late check-out is possible on request and subject to availability and will be charged at 50% of the daily room rate until 3 pm and 100% of the daily room rate until 6 pm.
4. Use of the SPA areas and the saunas in the parlours is at your own risk. If smoke or fire develops due to negligence or improper use, the customer shall bear any costs incurred as a result, including any deployment costs for fire, rescue services and/or police.

VII Liability of the hotel

1. The hotel shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects occur 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 obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.
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 € 7,500.00, and for money, securities and valuables up to € 800.00. Money, securities and valuables up to a maximum value of € 7,500.00 may be stored in the hotel or room safe. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). The above number 1 sentences 2 to 4 shall apply accordingly to any further liability of the hotel.
3. Insofar as the customer is provided with a parking space in a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The above number 1 sentences 2 to 4 apply accordingly.

VIII Final provisions

1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
2. The place of fulfilment and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - in commercial transactions is the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws 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.

VIIII Data protection provisions

1. All information on our data protection regulations can be found here: https://www.hotel-zweiteheimat.de/datenschutz