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General terms and conditions for the contract of accommodation

I. Scope

1. The scope of this general terms and conditions includes all contracts concerning rented rooms for accommodation, all services and supplys perfomered by the hotel.

2. Subletting or letting of rented rooms, as well as usage for anything else than accommodation, requires prior written agreements made by the hotel, whereat § 540 para. 1 sentence 2 German Civil Code (BGB) is contracted out as far the client is not consumer.

3. General terms and conditions of the client only apply if a formally prior written agreement is met.

II. Conclusion of contract, contractual partners, limitation

1. The contract takes effect by acceptance of the customers application by the hotel. The hotel shall be at liberty to confirm the room-reservation in written form.

2. Contractual partners are client and the hotel. If a third has made the clients booking, he is liable for the total debt together with the client for all commitments accrue from the contract of accommodation, provided that an appropiate written declaration of the third is available.

3. All claims against the hotel are limitated to one year, beginning with knowledge of the regular period of limitation according to § 199 para. 1 German Civil Code (BGB). Claims for indemnity are generally limited to 5 years. The foreshortening of the limitation period do not take effect if the claims result from an intentional or grossly negligent breach of duty by the hotel.

III. Services, prices, payment, set-off

1. The hotel is obligated to keep ready the rooms booked by the client and to perform the agreed services. 2. The client is obligated to pay the agreed price for accommodation and the services used by the client. This also applys for services prompted by the client and disbursements made to third by the hotel. 3. The agreed prices do include the applicable VAT. If the period of time between conclusion and fulfilment of the contract exceeds 4 months, and the regular price for such services invoiced by the hotel has raised, the hotel may raise the price adequately, but utmost 5%.

4. The hotel may change the prices if the client:

retroactively changes the number of booked rooms, the services to be performed by the hotel or the duration of stay with the hotels agreement.

5. Invoices without due-date made by the hotel, are payable within 10 days after invoice receipt without deduction. The hotel is authorized to charge accrued liabilities and to demand immediate payment. In case of delayed payment, the hotel is authorized to charge the regular moratory interest of 8 % at this time, respectively 5 % if a consumer is involved in the legal transaction, above the general rate of interest. The hotel is free to proof a higher claim of indemnity.

6. According to the legal terms for package holidays,the hotel is authorized to demand an adequate prepayment or deposit on or after conclusion of payment. The amount of the deposit and the date of payment may be arranged in the contract in written form.

7. The client solely is allowed to charge or deduct his claims against the claims of the hotel, if the client`s claims are undisputed or legally binding.

IV. Rescission of the client (i.e. cancellation, countermand / non-usage of the hotels services

1. A Rescission of the client from the contract concluded with the hotel requires acceptance by the hotel in written form. If the Rescission is not agreed by the hotel, the agreed price resulting from the contract is payable, even if the client does not make use of the contractual agreed services. This does not affect any claims, resulting from a violation of the hotels liability to consider the clients rights or legal interests, if adherence to the contract is not reasonable for the client, or there are any other legal or contractual rights of withdrawal.

2. Hotel and client may arrange a date until the client may withdrawl from the contract free of charge. This agreement requires to be in written form. The right of withdrawal expires if the client does not make use of his right until the agreed date in written form, except it is a case of withdrawal according to number 1 para. 3.

3. The hotel has to credit the gains from ulterior lettings of un-used rooms and economized expenses against the client`s bill.

4. The hotel is free to charge the contractual agreed payment and to sum-up the deduct of the economized expenses. In this case, the client is obligated to pay at least 90% of the contractual agreed price for accommodation with breakfast. The client is free to proof that the above-named claim did not, or not in the demanded height, accrue.

V. Rescission of the hotel

1. In case there is an written agreement over a free of charge right of withdrawal, the hotel on his part is authorized to recede from the contract if there are other client inquiries for the contractual booked rooms and the client does not abandon his right of withdrawal aber a callback.

2. The hotel may also recede from the contract if an, according to the above-named clause III nr. 6, agreed prepayment is not made even after an adequate additional respite granted by the hotel

3. Furtheremore the hotel is authorized to recede from the contract extraordinary for factual and warrantable reason, i.e. if

 

  • force majeure or any other reasons beyond our control makes fulfilment of the contract impossible;
  • rooms are booked under deceptive or false circumstances; i.e. the identity of the client or intended purpose of room usage.
  • the hotel has reasonable cause to presume that the usage of the hotels services will endanger the business operations, security or reputation in the public without being caused by the hotel itself.
  • a violation of above-named clause I nr. 2 takes effect

4. In case of a legitimated recede by the hotel, no claim for indemnity will accrue for the client.

VI. Availability of rooms, -handing over and -return

1. The client does not get the right on the availability of particular rooms.

2. Booked rooms are available to the client from 03:00 p.m. (15:00) at the agreed day of arrival. The client has no claim on an earlier availability.

3. The room has to be left and ready to return until 01:00 p.m. (13:00) at the agreed day of departure. After this, the hotel is authorized to charge 50 % of the regular room prices for extended usage until 06:00 p.m. (18:00), 100% after 06:00 p.m. which does not result in any contractual claims for the client.

The client is free to prove that the hotel does not, or less, has the right to charge a compensation fee for the extended usage.

VII. Liability of the hotel

1. The hotel is liable with diligence of a prudent businessman for his liabilitis resulting from the contract. Claims for indemnity on the client`s side are impossible. Excluded of this are : claims resulting from violation of life, bodily injure or health if the hotel is responsible for this breach of duty, miscellaneous claims resulting from intentional or grossly negligent breach of duty and claims resulting from intentional or grossly negligent violation of hotel-typical conctractual dutys. A breach of duty by the hotel, a legal representative or an auxiliary person are equal before the law. Should there be any troubles or deficiencies in the services performed by the hotel , the hotel will try to find a remedy as soon it gets knowledge or reprehended by a client. The client is obligated to help as much as reasonable to solve the problem and keep a potential detriment as small as possible.

2. The hotel will take liability for estate brought in, according to applicable law this can be up to the hundredfold of the room price but utmost € 3.500.00 as well as money, stocks and treasuries up to € 800.00. It is advisable to make use of this possibility.Liability claims expire if the client does not notify te hotel immediately after loss, destruction or damaging according to § 703 German Civil Code (BGB). For further liability of the hotel, above-named number 1 para. 2-4 take effect.

3. If the client is provided with a parking space in the parking garage or the parking site, even if it is a paid one, no contract of safe custody will be concluded. In case of loss or damage of parked or abandod vehicles on the hotels property, the hotel will not be responsible except for cases of intention or wantonly negligent. Above-named number 1 , para. 2-4 take effect.

4. Wake-up reminders are carried out by the hotel with best care and accurateness. Messages, post and shipments for the guest are treated with highest carefulness.The hotel carries out delivery, custody and re-direction optional at extra cost. Above- named number 1 para. 2-4 take effect.

VIII. Final clauses

1. Changes or additions of the contract, acceptance proposal or this terms and conditions require written form. One-sided changes or additions made by the client are ineffective.

2. Place of fulfilment and place of payent is place of business.

3. Exclusive jurisdiction - this also applies disputes concerning cheques and changes - in all business dealings is the hotels place of business, as long as one of the contractual partners meets the requirements according to § 38 para. 2 ZPO and does not have a inland place of jurisdication , the hotels place of jurisdication will take effect.

4. It applies german law only. The United Nations Convention on Contracts (CISG) and the conflict of laws are not applicable.

5. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Date of issue : Hamburg, November 2005

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