Fair conditions

Our general terms and conditions

As text

1 SCOPE OF APPLICATION

1.1 Hotel area

1.1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). They do not apply to package holidays within the meaning of § 651a BGB. The term "hotel accommodation contract" includes and replaces the following terms:

Accommodation, guest accommodation, hotel, hotel room contract.

1.1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby the right of cancellation pursuant to § 540 paragraph 1 sentence 2 BGB is waived.

1.2 Restaurant and banqueting area

1.2.1 These terms and conditions apply to contracts for the rental of conference, banqueting and event rooms of the hotel for the organisation of events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as all other services and deliveries provided by the hotel for the customer in this context.

1.2.2 The subletting or re-letting of the rooms, areas or showcases provided as well as invitations to job interviews, sales or similar events require the prior consent of the hotel in text form, whereby the right of cancellation pursuant to § 540 para. 1 sentence 2 BGB is waived.

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

2 CONCLUSION OF CONTRACT, PARTNERS

2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel.

2.2 Position of TourOnline AG

TourOnline AG is only responsible for the technical operation of the "DIRS21" booking system on the hotel's website. It is neither a contractual partner of the guest in the event of a booking nor a travel agent. They are therefore not liable for the information provided by the hotel operator, services and service disruptions with regard to the services to be provided by the hotel operator.

2.3 Conclusion of contract

With the booking (in accordance with Section 2.4), the guest makes a binding offer to the AF to conclude the accommodation contract. This offer is based on the description of the accommodation and the supplementary information in the booking basis (e.g. location description, classification explanation) insofar as these are available to the customer.

2.4 The booking of accommodation offers in the DIRS21 booking system (room reservation via the hotel's website) can only be made electronically by completing and sending the booking form.

2.5 The contract is concluded upon receipt of the electronic booking confirmation by the person making the booking. No further, in particular written, booking confirmation shall be issued.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The hotel is obliged to keep the rooms booked by the customer and/or the agreed services 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 provision of the room and the other services utilised by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.

3.3 The customer is obliged to pay the agreed or applicable prices of the hotel for these and other services utilised. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel. In particular, this also applies to claims by copyright collecting societies.

3.4 If a minimum turnover has been agreed and this is not achieved, the hotel may demand 60% of the difference as loss of profit, unless the customer can prove lower damages or the hotel can prove higher damages.

3.5 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion and fulfilment of the contract exceeds four months.

3.6 If payment on account has been agreed, payment must be made without deduction within 14 days of receipt of the invoice, unless otherwise agreed.

3.7 The hotel is entitled to demand a reasonable 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. The statutory provisions shall apply if the customer is in default of payment.

3.8 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled 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, even after conclusion of the contract up to the start of the stay.

3.9 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 3.5 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause 3.5 and/or clause 3.6.

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

3.11 The customer agrees that the invoice may be sent to him electronically.

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5 WITHDRAWAL/CANCELLATION ("CANCELLATION") BY THE CUSTOMER NON-USE OF THE HOTEL'S SERVICES ("NO SHOW")

5.1 Unilateral cancellation by the customer of the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract or if a statutory right of withdrawal or cancellation exists.

5.2 If the hotel and the customer have agreed on a date for cancellation of the contract free of charge, 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 it in text form vis-à-vis the hotel by the agreed date.

5.3 Hotel area

5.3.1 If a right of cancellation has not been agreed or has already expired and there is also no statutory right of cancellation or termination, the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make 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 and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.

5.4 Restaurant and banqueting area

5.4.1 If the customer only cancels from the 60th day before the date of the event, the hotel shall be entitled to charge 35% of the lost consumption turnover in addition to the agreed rental price (less any income or saved expenses pursuant to 4.3 sentence 2) and the services disbursed pursuant to section 3.2 sentence 2 and/or an agreed minimum turnover pursuant to section 3.3, 60% of the consumption turnover from the 30th day and 85% of the consumption turnover from the 10th day. In the case of events lasting several days, the first day of the event shall be decisive for the calculation of the deadline. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.

5.4.2 Consumption turnover is calculated according to the formula: Agreed menu price plus drinks x number of participants. If no price has yet been agreed for the menu, 21 euros shall be used as the basis. Drinks are charged at one third of the menu price.

5.4.3 If a conference flat rate per participant has been agreed, the hotel shall be entitled to charge 60% of the conference flat rate x agreed number of participants in the event of cancellation from the 60th day before the date of the event, 75% in the event of cancellation from the 30th day and 85% from the 10th day. In the case of events lasting several days, the first day of the event shall be decisive for calculating the cancellation period. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.

6 CANCELLATION BY THE HOTEL

6.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from 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 withdrawal upon enquiry by the hotel with a reasonable deadline. This applies accordingly if an option is granted, if other enquiries are received and the customer is not prepared to make a firm booking upon enquiry by the hotel within a reasonable period of time.

6.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.5 and/or Clause 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

6.3 Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, in particular if 6.3.1 force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; 6.3.2 rooms, rooms or events are culpably booked with misleading or false information or concealment of material facts; the identity of the customer, solvency or the purpose of the stay may be material; 6. 3.3 the hotel has justified cause to believe that the use of the service may jeopardise the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation; 6.3.4 the purpose or occasion of the stay and/or event is unlawful; 6.3.5 there is a breach of the above-mentioned clause 1.2.

6.4 The justified cancellation of the hotel does not constitute a claim for damages on the part of the customer. Should the hotel have a claim for damages against the customer in the event of cancellation in accordance with the above Section 5.2 or 5.3, the hotel may charge a lump sum. Clause 4.3 shall apply accordingly in this case.

7 ROOM PROVISION, HANDOVER AND RETURN

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

7.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.

7.3 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. Thereafter, the hotel may charge 100% of the full accommodation price (price according to the price list) for the late vacating of the room for its use in excess of the contract. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.

8 CHANGES TO THE NUMBER OF PARTICIPANTS AND THE TIME OF THE EVENT

8.1 The number of participants must be communicated at the beginning of the event; it requires the consent of the hotel, which should be given in text form. Invoicing shall be based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional expenses saved as a result of the lower number of participants.

8.2 A reduction in the number of participants by more than 5% should be notified to the hotel in good time, at the latest five working days before the start of the event. Invoicing shall be based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Clause 6.1 sentence 3 shall apply accordingly.

8.3 If the number of participants is reduced by more than 10%, the hotel is entitled to swap the confirmed rooms, taking into account any difference in the room rent, unless this is unreasonable for the customer.

8.4 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge a reasonable fee for the additional readiness to perform, unless the hotel is at fault.

9 BRINGING FOOD AND DRINKS

9.1 The customer may not bring food and drinks to events. Exceptions require an agreement in text form with the hotel. In such cases, a reasonable contribution to cover overheads will be charged.

10 TECHNICAL FACILITIES, CONNECTIONS AND OTHER EQUIPMENT

10.1 Insofar as the hotel acts for the customer at the customer's instigation

technical equipment, connections and/or other equipment procured from third parties, it shall act in the name of, on the authorisation of and for the account of the customer. The customer shall be liable for the careful handling and proper return of the equipment. The customer shall indemnify the hotel against all third-party claims arising from the provision of such equipment.

10.2 The use of the customer's own electrical equipment utilising the hotel's electricity network requires the hotel's consent. Any faults or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the customer, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.

10.3 The customer must obtain any official authorisations required for the event in good time and at his own expense. He shall be responsible for compliance with public-law requirements and other regulations.

10.4 The customer is responsible for handling the formalities and settlements required in the context of copyright-relevant processes (e.g. music performance, film screening, streaming services) with the responsible institutions (e.g. GEMA).

10.5 Faults in technical or other equipment provided by the hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these faults

11 LIABILITY OF THE HOTEL

11.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations which make the proper fulfilment of the contract possible in the first place and on the fulfilment of which the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 10. Should disruptions or defects in the hotel's services occur, 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.

11.2 The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

11.3 If the customer is provided with a parking space in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and their contents, the hotel shall only be liable in accordance with the above clause 10.1, sentences 1 to 4.

11.4 Any exhibits or other items, including personal items, brought into the event rooms or the hotel are at the customer's risk. The hotel accepts no liability for loss, destruction or damage, including for financial losses, except in cases of gross negligence or wilful intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

11.5 Decorative materials and other items brought in by the customer and their use must comply with fire protection requirements and official regulations. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.

11.6 Any exhibits or other items brought into the hotel must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer's expense. If the items remain in the event room, the hotel may charge an appropriate compensation for use for the duration of the room being withheld.

12 LIABILITY OF THE CUSTOMER FOR DAMAGES

12.1 If the customer is an entrepreneur, he shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

12.2 The hotel may require the customer to provide an appropriate security deposit, for example in the form of a credit card guarantee.

13 TERMS OF USE OF THE INTERNET ACCESS

13.1 If possible, use a browser with 128-bit SSL encryption The current versions of common browsers are designed for this standard.

13.2 Protect your PC with up-to-date virus protection programmes and a firewall Install virus protection software on your PC and update it regularly. Make sure that your computer is free of viruses, worms and Trojans/backdoors. We recommend that you equip your computer with a firewall and anti-spyware software and update these regularly. Please note that we only provide you with Internet access that has no virus protection and no firewall.

13.3 Keep your operating system up to date Install the relevant updates and patches for your PC's operating system promptly and regularly.

13.4 Protect your data even if you lose your computer You should protect your PC and the important files stored on it with passwords. These should be changed regularly. Do not save the passwords on your hard drive. Only make your computer available to people you trust. We recommend that you regularly back up your data.

13.5 In the event of connection errors, restart your browser If connection errors occur, please close the browser and restart it. Ensure that you have entered your passwords correctly. Please close your browser after ending the Internet session.

13.6 Be careful with unknown files or e-mail attachments Do not open any files of unknown origin or files that you have not requested.

13.7 Do not participate in dubious or illegal file-sharing networks When downloading or uploading files, especially music, films or images, always bear in mind that these may be protected by copyright. The infringement of such copyrights can, among other things, trigger considerable claims for damages against you.

13.8 Availability, suitability or reliability of Internet access. We give no guarantee for the actual availability, suitability or reliability of Internet access.

13.9 Do not visit any websites with criminally relevant content This applies in particular to websites with hate speech or child pornography content, websites that incite criminal offences or glorify or trivialise violence or websites that are likely to seriously endanger the morals of children or young people.

13.10 Limitation of liability

We accept no responsibility for any damage to your PC caused by using the Internet. This does not apply to damage to which we have contributed wilfully or through gross negligence. In particular, we accept no liability for the content of websites accessed or files downloaded. Furthermore, no liability is accepted for any virus infection resulting from the use of Internet access.

13.11 Indemnification

We shall be indemnified against all third-party claims if our Internet access is used unlawfully by you or with your approval, in particular if you have culpably disregarded the above information. We shall also be indemnified against all third-party claims arising from copyright or other legal disputes associated with your use of the Internet access.

13.12 Data protection

Insofar as we collect your data in the context of Internet use via our Internet access, this will of course be treated in accordance with the applicable data protection regulations.

13.13 Violation of the terms of use

If you violate these terms of use or if we suspect that you have done so, we will be forced to restrict or block your Internet access. Should you lose data in the process, we accept no liability for this.

13.14 Further notes

The use of our Internet access is limited to the duration of your stay at the hotel. Use is made by entering a password. This may not be passed on to third parties. For technical questions and general information about WLAN and the Internet, we recommend the website of the Federal Office for Information Security (www.bsifuer-buerger.de). If you have any questions or problems with Internet access, our reception (Tel.: 85) will be happy to help you. By using our Internet access, you accept the above terms of use.

14 FINAL PROVISIONS

14.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.

14.2 If the Customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Wietmarschen. However, the hotel may also choose to sue the customer at the customer's place of business. The same applies to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.

14.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

14.4 In accordance with the legal obligation, 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"): http://ec.europa.eu/consumers/odr/

However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.

Cancellation conditions

Rooms can be cancelled free of charge with the following lead times:

  • Individual bookings up to the day of arrival
  • Group bookings of 2 to 5 rooms up to 3 days before arrival
  • Group bookings from 6 to 15 rooms up to 14 days before arrival
  • Group bookings from 16 to 40 rooms up to 30 days before arrival

If rooms are cancelled at short notice, we will charge 80% of the accommodation price excluding breakfast for all rooms that cannot be rented to other guests.

If a group booking is reduced by up to 20% at short notice, we will waive the cancellation fee for the rooms concerned as a gesture of goodwill.

We generally expect cancellations to be communicated to us immediately. A quick notification of cancellation makes it easier to re-let the property. This may save you cancellation fees.

Cancellations must always be made via the booking process. That means:

  • Reservations via Booking.com must be cancelled via Booking.com.
  • Reservations via our Homepage can be cancelled via a link in the confirmation email.
  • Reservations per e-Mail please also cancel by e-mail.
  • Telephone reservations can be made by telephone storniert werden.