General terms and conditions Beach Motel HH GmbH & Co. KG

§ 1 Scope of application

These General Terms and Conditions (GTC) apply to all services provided by Beach Motel HH GmbH & Co. KG (hereinafter referred to as "Hotel") to the guest, the organiser or other contractual partners (hereinafter referred to as "Contractual Partner"). The services consist, in particular, in the provision of the use of hotel rooms and other premises for e.g. seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the implementation of sporting events and other programmes, the implementation of special health- promoting measures or comparable offers as well as for all other related services and supplies of the Hotel against payment. The hotel is entitled to fulfil its services through third parties.
The hotel acts as agent for the beach flats in the categories "Lake", "Beach" and "Ocean". In addition, the hotel is the landlord of the flats in the category "Basic".
These GTC apply to all types of contracts such as hotel accommodation, package tour, contingent or event contracts concluded with the hotel. The GTC shall also apply to all future transactions with the contractual partner.
The general terms and conditions of the contracting partner shall not apply, even if the hotel does not expressly object to them. Counter-confirmations of the contracting partner with reference to its GTC are hereby contradicted.

§ 2 Conclusion of contract

The respective contract shall be concluded in principle upon oral or written application by the contracting party and acceptance by the hotel. The hotel is free to accept the application in writing, orally, in text form (e-mail, fax) or conclusively by providing the service.
If the contracting party concludes a so-called contingent contract, the contracting party shall be liable for all damage culpably caused by the end user.
Subletting or re-letting or the use of the rooms provided free of charge by third parties as well as the use for other than accommodation purposes is only permitted if the hotel expressly allows this. The hotel may grant a written exception here at its own discretion upon request.

§ 3 Room use, room handover, departure, smoking ban

The rooms and flats are provided for accommodation purposes only. Pets may only be brought along with the prior consent of the hotel and at a separate charge.
The contract partner shall be liable to the hotel for all damage caused by him or by third parties who receive the hotel's services at his instigation.
The contract partner has no claim to the use of certain rooms. If rooms are not available on the premises, the hotel shall inform the contracting party thereof without delay and offer an equivalent substitute in a nearby hotel of the same category. If the contract partner refuses, the hotel shall immediately reimburse the contract partner for any services rendered.
Booked rooms are available to the contract partner from 3 pm on the day of arrival. Booked flats are available to the contract partner from 4 pm. The contract partner has no right to earlier availability. Unless otherwise agreed, the hotel shall have the right to assign booked rooms/apartments to other parties after 6 p.m. without the contract partner being able to derive any rights or claims from this.
The rooms/apartments must be vacated by 11 a.m. on the day of departure. After this time, the hotel may charge 25% of the overnight rate for the additional use of the room until 2.30 p.m., 80% from 3 p.m. and 100% from 5 p.m. onwards (daily rate) in addition to the resulting damage.
Smoking is prohibited in all rooms/apartments and public areas of the building. In case of violation, the offending guest will be charged an extra cleaning fee of at least 50.00 euros. Should a violation of this smoking ban make it impossible to re-let the room due to a persistent odour nuisance, the hotel reserves the right to charge the violating guest the full amount of the loss of revenue, even after the guest's departure.

§ 4 Events

In order to enable careful preparation by the hotel, the contracting partner shall inform the hotel of the final number of participants no later than five working days before the start of the event. If the contract partner informs the hotel of a higher number of participants than agreed, this higher number of participants shall only become part of the contract if the hotel agrees thereto in writing. If the hotel does not agree in writing, the contracting party shall not be entitled to hold the event with a higher number of participants. If the hotel agrees, billing shall be based on the new agreement (with additional expenses, if applicable). The contracting party shall not be entitled to consent. Billing shall be based on the number of participants stipulated in the contract plus any persons registering later. If fewer participants actually take part in the event, this is irrelevant for the settlement.
If the agreed time for the start of the event is postponed, the hotel shall be entitled to charge the contracting party for all additional costs incurred as a result.
Reserved rooms shall only be available to the contracting party within the period agreed in writing. Use beyond this period shall require the written consent of the hotel and shall generally only be granted against additional payment. The hotel reserves the right to make changes to rooms insofar as such changes are reasonable for the contracting party, taking into account the interests of the hotel.
For events lasting beyond 1 a.m., the hotel may, unless expressly agreed otherwise in writing, charge 250.00 euros per hour or part thereof. The contracting party shall be liable to the hotel for additional services provided to the event participants or to third parties in connection with the event.
The contracting party shall procure all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Any fees payable to third parties for the event, e.g. GEMA fees, entertainment tax, etc., shall be paid by the contracting party directly to the creditor without delay.
The contracting party shall be liable for the conduct of its employees, event participants and other auxiliary staff as for its own conduct. The hotel may require the contracting party to provide appropriate security (e.g. insurance, deposits, guarantees)
In order to prevent damage, the attachment and installation of decorative material or other objects must be agreed with the hotel in advance. Exhibits and other items brought along must be removed after the end of the event. If the contract partner fails to comply with this provision, the hotel shall have the right to remove and store such items at the hotel's expense. Transport packaging, outer packaging and all other packaging materials brought in shall be disposed of by the contract partner at his own expense. Disposal may be subject to a charge if the contract partner leaves the packaging behind after the end of the event. All items brought into the event, such as decorative materials and the like, must comply with all applicable regulations.
The hotel does not provide insurance cover for items brought into the hotel. The conclusion of any necessary insurance is the sole responsibility of the contract partner.
Faults or defects in facilities provided by the hotel shall be remedied insofar as this is possible for the hotel. The contracting partner may not derive any claims in this connection.
If the contracting party brings in its own electrical equipment, it shall require the consent of the hotel management before connection to the power grid. The electricity consumption incurred shall be charged according to the valid provision and working prices as charged to the hotel by the utility company. The hotel is free to charge a flat rate. Any malfunctions or defects in the hotel's technical equipment caused by connection shall be borne by the contract partner.
With the hotel's consent, the contracting party is entitled to use its own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this. If suitable facilities of the hotel remain unused as a result, the hotel may charge an outage fee.
If the hotel procures technical or other equipment from third parties for the contracting party, the hotel shall act in the name and for the account of the contracting party; the contracting party shall be liable for the careful handling and proper return of such equipment and shall indemnify the hotel against all claims of third parties upon first written request. Any liability of the hotel due to untimely procurement or defectiveness of the procured facilities is excluded.
As a rule, the contracting partner may not bring food and drinks to the events. In special cases (e.g. national specialities etc.), a written agreement may be made. In such cases, a general cost charge (e.g. corkage fee, plate fee, etc.) will be made. In the event of non-compliance, the hotel shall be entitled to claim a flat-rate amount of damages per participant for the loss incurred, which would have accrued to the hotel for the provision of the service. The hotel accepts no liability whatsoever for damage to health caused by the consumption of food and drinks brought along.
Newspaper advertisements containing invitations to job interviews or sales events generally require the prior written consent of the hotel. If publication takes place without consent, the hotel has the right to cancel the event.
Any kind of advertising, information, invitations through which a reference to the hotel is established, in particular through the use of the hotel name, requires the prior written consent of the hotel.

§ 5 Provision of services, prices, payments, set-off and assignment

The prices of the respective services are determined by the hotel's price list valid at the time the service is provided. The prices for additional services (not overnight rate) as well as all prices of all rooms and the flats of the category "Basic" are inclusive of the currently valid statutory VAT. As the hotel acts as an agent for the flats of the categories "Lake", "Beach" and "Ocean", no VAT is shown on the hotel invoices to the contract partner for the overnight rates of these flats. The prices do not include public charges such as visitor's tax, cultural promotion tax (so-called "bed tax") and the like. The contract partner must pay the above-mentioned taxes in addition. The respective amounts shall be invoiced separately. Increases in value added tax shall be borne by the contract partner. If the period between conclusion of the contract and the first contractual service exceeds 120 days, the hotel shall be entitled to increase prices by up to a maximum of 15%. Subsequent changes to the services may lead to changes in the prices. The hotel shall be entitled to demand an advance payment or security deposit of up to 100 % of the contracting party's total payment obligation from the contracting party upon conclusion of the contract. The amount of the advance payment and the payment dates may be stipulated in the contract.
Invoices are to be paid immediately in cash or by credit card. The hotel is entitled to refuse foreign currency, cheques and credit cards. Vouchers from tour operators are only accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund of unused services is excluded.
The hotel's claim for payment is due without deduction immediately upon receipt of the respective invoice. An invoice shall be deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless proof of earlier receipt can be provided. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest applicable at the time.
The preparation of a total invoice shall not release the customer from the obligation to pay the individual invoices in due time. A delay in payment of even one individual invoice entitles the hotel to withhold all further and future services and to make the fulfilment of the services dependent on a security deposit of up to 100% of the outstanding payment.
A reminder fee of 5.00 euros is due for each reminder. All further collection costs incurred shall be borne by the contracting party.
The contracting party may only offset a claim of the hotel if its claim is undisputed or has been finally adjudicated. This applies mutatis mutandis to the exercise of a right of retention on account of the contract partner's own claims. Claims and other rights may only be assigned with the written consent of the hotel.
If the contracting party uses a credit card for the payment of hotel services with advance payment obligation (e.g. general orders with advance payment, guaranteed booking or vouchers) without physically presenting it (e.g. via telephone, internet or similar), the contracting party is not entitled in relation to the hotel to revoke this charge vis-à-vis its credit card institute.

§ 6 Cancellation / reduction of benefits

Reservations made by the contracting partner are binding for both contracting partners after acceptance by the hotel. In the event of cancellation or reduction by the contracting party, the contracting party shall pay the following compensation, unless otherwise agreed:

No compensation if the hotel receives the written cancellation or reduction by the contractually agreed time before the start of the service period.
For/for booking one or more hotel rooms:
compensation of 80 % of the value of the services ordered for the first three nights booked if the written cancellation or reduction is received by the hotel less than the contractually agreed time before the start of the service period.
In case of/for booking one or more flats:
compensation in the amount of 90 % of the value of the ordered services for all booked nights, if the written cancellation or reduction is received by the hotel less than the contractually agreed time before the start of the service period.
For/for booking one or more hotel rooms:
In the event of cancellation on the day of arrival or a no-show, 100 % of the accommodation price will be charged for the first night and 80 % for a maximum of 2 subsequent nights booked. In the event of a no-show, the entitlement to booked subsequent nights shall lapse.
For/for booking one or more flats:
In the event of cancellation on the day of arrival or a no-show, 100 % of the overnight price will be charged for the first night and 90 % of the overnight price for all subsequent nights booked. In the event of a no-show, the entitlement to booked subsequent nights shall lapse.
For group reservations (5 rooms/apartments or more), separate cancellation periods apply, which are contractually agreed in each case. If rooms/apartments have been booked individually by the same booker for the same period, the hotel is also entitled to subsequently assert separate cancellation deadlines.
Compensation in the amount of 100 % of the value of the ordered services when booking the HotDeal rate.

2. The contracting party is entitled to prove that the damage suffered by the hotel is non-existent or less.

3. The above deadlines apply equally to the hotel, without affecting the provisions of §7 of these GTC.

§ 7 Withdrawal / Termination of the Hotel

1. In accordance with the statutory regulations, the hotel is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§314) if

the contracting party fails to perform a due service.
the fulfilment of the contract is impossible due to force majeure, strike or other circumstances for which the hotel is not responsible.
the contracting party makes misleading or false statements about essential data.
the contracting party uses the name of the hotel in advertising measures without prior written consent.
rooms which are the subject matter of the contract are sublet in whole or in part without the written consent of the hotel.
the hotel has reasonable grounds to believe that the use of the hotel service may jeopardise the smooth running of the business, the safety or the reputation of the hotel in public.

2. The hotel shall notify the contract partner of the exercise of the withdrawal/cancellation in writing without delay, at the latest within 14 days of the reason becoming known. The cancellation of the contract by the hotel shall not give rise to any claims of the contracting party for damages or other compensation. A claim by the hotel for compensation for damage incurred and expenses incurred by it shall remain unaffected in the event of justified termination of the contract.

§ 8 Liability of the hotel, objects brought in, limitation period

The hotel is liable for all legal and contractual claims in principle only in the event of intentional or grossly negligent conduct.
Exceptionally, the hotel is liable for slight negligence in case of damage,
which are based on the violation of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical for the contract.
due to injury to life, body and health.
Any liability of the hotel for consequential or indirect damages is excluded.
Exclusions and limitations of liability shall apply in the same way in favour of all companies employed by the hotel to fulfil its contractual obligations, their subcontractors and vicarious agents. They shall not apply if the hotel assumes a guarantee for the quality of an item or a work or in the case of fraudulently concealed defects.
The contract partner is obliged to notify the hotel of any recognisable defects without delay, at the latest on departure.
The statutory provisions of §§701 et seqq. of the German Civil Code (BGB) shall apply to objects brought in by the contractual partner.
Vehicles parked on the hotel premises, even against payment, do not constitute a safekeeping contract. The hotel shall not be liable for damage to or loss of vehicles parked on the hotel premises and their contents.
Items left behind by the contracting party/staying overnight will only be forwarded at the request, risk and expense of the contracting party. The hotel will keep the items for 6 months and charge an appropriate fee for this. After this period, the items will be handed over to the local lost property office if there is a recognisable value.
All claims of the contracting party against the hotel arising from or in connection with the contract shall become statute-barred after the expiry of one year, beginning with the end of the year in which the claim arose and the contracting party became aware of the circumstances giving rise to the claim or should have become aware without gross negligence.

§ 9 Additional provisions for package travel contracts

If, in addition to providing board and lodging, the hotel's service obligation consists of organising a leisure programme as its own paid service, this constitutes a so-called package travel contract.
The contractual partner cannot assert any claims due to changes, deviations or reductions of individual services within the framework of a package travel contract that become necessary after conclusion of the contract if they are merely insignificant.
If agreed and provided services are not used by the contracting partner, a reduction or refund of the total fee is not possible.
The hotel shall not be liable for damages suffered by the contract partner on the occasion of the use of a special service provided by a third party. In this respect, the contract partner is referred to the enforcement of his claims against the respective organiser of the special service.

§ 10 Place of performance and payment, place of jurisdiction, collateral agreements, partial invalidity

The place of performance and payment for both parties is the registered office of the hotel.
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.
With the exception of private end consumers, the hotel's place of business is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract.
Subsidiary agreements, amendments or supplements to these General Terms and Conditions must be made in writing. Unilateral amendments and supplements by the contractual partner are invalid.
Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with one that is valid and comes as close as possible to the meaning of the invalid provision. In all other respects, the statutory provisions shall apply.

§ 11 Technical facilities and connections

The guest shall be liable for damage caused by electronic equipment brought in by the guest. The hotel shall not be liable for damage caused by electronic equipment brought in by the guest, unless the hotel is guilty of gross negligence or wilful (contributory) negligence. Insofar as the hotel procures technical and other equipment from third parties for the guest at the guest's instigation, it shall act in the name of, on the authority of and for the account of the guest. The guest shall be liable for careful handling and proper return. The guest shall indemnify the hotel against all claims of third parties arising from the provision of these facilities.
The use of the guest's own electrical equipment using the hotel's power supply system requires the guest's consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the guest and the guest shall be liable for such, insofar as the hotel is not responsible for such malfunctions or damage. The hotel may record and charge for the electricity costs incurred by the use of such equipment on a flat-rate basis.
Faults in technical or other facilities provided by the hotel will be remedied immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.