1. Scope

1.1          These terms and conditions apply to all services of the hotel, in particular to the paid provision of hotel rooms, conference- banquet rooms, other premises and objects as well as to all further services and deliveries provided by the hotel to the customer in this context (hereinafter also comprehensively: hotel services).

1.2          Any terms and conditions of the customer are not recognized.

1.3          Subletting or further letting as well as any other use of the premises for accommodation purposes requires the prior consent of the hotel in text form. Insofar as the customer is not a consumer, § 540 para. 1 sentence 2 BGB is excluded.

2.         Contract conclusion

2.1 Contracting parties are the customer and the hotel. The customer must have reached the age of 18.

2.2          In the case of the exclusive booking of a hotel room or any other individual hotel service, (single-service booking) the contract is concluded by the hotel's acceptance of the booking application. The acceptance may be informal, i.e. in particular also verbal or by telephone. A subsequent booking notification from the hotel in written or text form to a contract concluded verbally or by telephone merely confirms the conclusion of the contract.

2.3          When booking eWhen, in total, at least two different types of travel services are provided for the purpose of the same trip (package tour), the contract is concluded by payment of the deposit specified in the confirmation letter by the customer or by the provision of the customer's credit card number. Any discrepancies must be reported to the hotel no later than 14 days after receipt of the contract. For short‑notice bookings up to 4 weeks before arrival, confirmation is made by the customer's signature or by full payment of the service amount. For group bookings or conferences and events, the contract is concluded by the customer's written confirmation of the offer.

3.         Services, Prices, Payment, Set-off

3.1          The hotel is obliged to provide the hotel services booked by the customer. Should reserved rooms and/or premises, for whatever reason, not be available, the hotel is entitled and obliged to provide an equivalent replacement.

3.2          The customer is obliged to pay the hotel's price agreed / applicable for the booked hotel services. This also applies to services and expenses of the hotel to third parties initiated by the customer.

3.3          The hotel may unilaterally increase the price if the increase in price results directly from an event that occurred after the conclusion of the contract

a)    Increase of the price for the carriage of persons due to higher costs for fuel or other energy sources,

b)    Increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or

c)    Change of the exchange rates applicable to the package tour concerned.

3.4          A price increase is only effective if the customer has been informed of it no later than 20 days before the start of the trip. The hotel will inform the customer on a durable medium clearly and understandably about the price increase and its reasons and will communicate the calculation of the price increase. The customer, in turn, may demand a reduction of the travel price if and to the extent that the circumstances and facts that have become the basis of the contract change after the conclusion of the contract and before the start of the trip and this leads to lower costs for the hotel. If the customer has paid more than the amount owed as a result, the hotel is obliged to refund the excess amount. However, it may deduct the actual administrative expenses incurred from the excess amount to be refunded. If the price increase stated in the contract pursuant to § 651f para. 1 BGB exceeds 8% of the travel price, the hotel may offer the customer a corresponding price increase and require that the customer, within a reasonable period specified by the hotel, either accept the offer of a price increase or declare a withdrawal from the contract. If the customer does not respond or does not respond within the period set, the communicated price increase is considered accepted. The customer must be informed of this in the aforementioned notice of the price increase in a clear, understandable and prominent manner.

3.5          The prices may furthermore 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 stay of the guests and the hotel agrees to this.

3.6 Invoices from the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default, the hotel is entitled to charge interest at a rate of 9 percentage points above the applicable base rate or the corresponding successor rate of the European Central Bank. The customer retains the right to prove a lower damage, and the hotel retains the right to prove a higher damage.

3.7          By providing an e-mail address, the customer agrees that the invoice can be transmitted to him electronically.

3.8          If no other agreements regarding the hotel services have been made, a deposit (Deposit) in the amount of 80% of the expected invoice amount is to be paid.

3.9          The customer may only set off or offset against a claim of the hotel with an undisputed or legally binding claim.

3.10      In the event of the levying of a resort tax, tourist or cultural promotion levy ("bed tax") or comparable charges, it is to be paid separately by the guest in accordance with the applicable conditions.

3.11      All payments are due in euros. The hotel is entitled to refuse foreign currencies, checks and credit cards. A 10% commission adjustment will be charged on expenses and third-party services when settled by credit card.

3.12 For each reminder after default has occurred, the customer shall reimburse the hotel for reminder fees in the amount of €5.00. The customer is free to prove that no costs or only significantly lower costs were incurred. For customers who are not consumers, the hotel may instead also assert the claim under § 288 para. 5 BGB.

3.13      For rebookings by the customer, a processing fee in the amount of €20.00 may be charged.
This processing fee applies exclusively to individual hotel overnight stays. Private or business events are excluded from this.

3.14      Commission claims must be submitted to the hotel within 30 days. Should this deadline not be met, any commission claims will lapse.

4. Cancellation by the customer (order cancellation, cancellation, travel cancellation insurance)

4.1 For a booked package tour the customer may at any time withdraw from the contract in writing in accordance with the conditions set out below. In this case, or if the customer does not commence the trip, the hotel loses its claim to the travel price and may instead demand reasonable compensation, unless the withdrawal is attributable to the hotel or unavoidable, extraordinary circumstances occur which significantly impair the performance of the contract. Circumstances are unavoidable, extraordinary if they are not under the control of the hotel and their consequences could not have been avoided even if all reasonable precautions had been taken.

4.2 The amount of the aforementioned compensation for package tours is determined by the price less the expenses saved by the hotel and less what is obtained through alternative utilization of the travel service. The hotel has established the following flat-rate compensation amounts taking into account the period between the declaration of withdrawal and the start of the trip as well as the expected savings in expenses and the expected proceeds from alternative use of the travel service.

The compensations resulting from this are calculated as follows:

for package tours as well as room and holiday home reservations and events:

·           Up to the 40th day before the agreed arrival-/event day 30 % of the service price (lodging and arrangement)

·           From the 39th day until 30 days before the agreed arrival/event day 50 % of the service price (lodging and arrangement)

·           From the 29th day until 20 days before the agreed arrival-/event day 80 % of the service price (lodging and package)

·           From the 19th day until the agreed arrival/event day 95% of the rental service price as well as 75% of the possibly booked package amounts of the service price (lodging and package)

A free cancellation for room and vacation home reservations in combination with an event is possible as follows:

·         A maximum of 20 % of the originally agreed guest rooms can be cancelled free of charge up to 30 days before the arrival date.

·         Maximum 10 % of the originally agreed guest rooms up to 7 Tage before the arrival date.

Event-related hotel services can be canceled free of charge by means of a written notification as described below:

·         Maximum 20 % of the originally agreed hotel services up to 30 days before the start of the event.

·         Maximum 10 % of the originally agreed hotel services or of the remaining hotel services after previous cancellations up to (7) Tage before the start of the event;

4.3          Non-arrivals = No-shows without prior cancellation will be charged at 100%.

4.4          The cancellation conditions apply to the originally booked scope of services.

4.5          The customer shall in any case be permitted to prove that the reasonable compensation to which the hotel is entitled is lower than demanded.

4.6          The hotel reserves the right to demand, instead of the foregoing flat-rate compensation amounts, a higher, individually calculated compensation, insofar as it can prove that it has incurred substantially higher expenses than the aforementioned flat-rate compensation.

4.7 The customer's statutory right under § 651 e BGB to require the hotel to permit a third party to assume his rights and obligations under the package travel contract remains unaffected by the above conditions. Such a declaration must be made to the hotel at least 7 Tage before the start of the trip.

4.8 If a customer wants to terminate the contract/package travel contract because of a travel defect of the kind referred to in § 651 i para. 2 BGB, insofar as it is substantial, under § 651 l BGB, he must first set the hotel a reasonable period in which to remedy it. This only does not apply if the remedy is refused or if it is necessary for the remedy.

4.9   The hotel recommends taking out trip cancellation insurance with its contractual partner, HanseMerkur

Travel Insurance AG, which must be taken out immediately, but no later than 30 days before the arrival/event day. If there are fewer than 30 days between booking and the start of the trip, the travel insurance must be concluded no later than the 3rd business day after booking the trip.

5.         Withdrawal by the hotel

5.1          If the customer's right of withdrawal was agreed in writing for a specified period, the hotel is, during that period, in turn entitled to withdraw from the contract if inquiries from other customers for the contractually booked rooms exist and the customer, upon the hotel's request, does not waive his right of withdrawal

5.2          If an agreed advance payment is not made even after the expiry of a reasonable additional period set by the hotel with a threat of refusal, the hotel shall also be entitled to withdraw from the contract.

5.3          Furthermore, the hotel is entitled to withdraw from the contract if unavoidable, extraordinary circumstances make performance of the contract impossible; rooms were booked under misleading or false indication of material facts, e.g. as to the identity of the customer or the purpose, or the hotel has reasonable cause to believe that the use of the hotel’s services may jeopardize the smooth running of business operations, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization.

5.4          If, in the case of a single-service booking, an agreed advance payment is not made even after the expiry of a reasonable grace period set by the hotel with a threat of refusal, the hotel shall also be entitled to withdraw from the contract. Claims for damages by the hotel shall remain unaffected in this case.

5.5          The hotel is entitled, in the case of a single-service booking and here in the event of extraordinary and unavoidable circumstances, to withdraw from the contract. Such circumstances exist in particular in cases of force majeure, measures of industrial action, a pandemic or unavoidable statutory/administrative measures which need not have been issued by an individual order directed at the hotel.double

5.6          A claim for damages by the customer is excluded in the event of a justified cancellation by the hotel.

6.         Provision, handover, return of premises

6.1          The customer does not acquire any entitlement to the provision of specific rooms/premises, unless this has been expressly agreed.

6.2   Booked rooms are available to the customer from 14:00 Uhr Hotel / 16:00 Uhr holiday home. You must on the

On the day of departure the room must be vacated by no later than 10:00 Uhr. In the event of a later departure after 10:00 Uhr, the hotel reserves the right to charge additional costs.

6.3          If a later arrival time has not been expressly agreed, the hotel has the right to reassign booked rooms to others after 18:00 Uhr, without the customer being able to derive any entitlement from this.

6.4          The hotel exclusively has non-smoking rooms. It is therefore prohibited to smoke both in the public areas and in these guest rooms. The hotel has partially established separate locations for smoking. In the event of a breach, the hotel has the right to demand from the guest, as compensation for the cleaning costs to be incurred separately including any loss of revenue resulting from the room not being rentable as a result, an amount of 150,00 €. This compensation amount shall be set higher or lower if the hotel proves a higher loss or the guest proves a lower loss.

6.5          The customer has no entitlement after conclusion of the contract to a change with regard to the travel date, the place or similar (rebooking). This does not apply to package travel if the rebooking is necessary because the hotel did not provide, provided insufficient or incorrect pre-contractual information to the customer in accordance with Article 250 § 3 EGBGB; in this case the rebooking is possible free of charge.

6.6          If the customer, on a package tour, does not make use of individual travel services which the hotel was ready and able to provide in accordance with the contract, for reasons attributable to the customer, the customer is not entitled to a pro rata refund of the travel price, insofar as such reasons would not have entitled the customer under statutory provisions to withdraw from or to terminate the travel contract free of charge. The hotel will endeavour to obtain reimbursement of the expenses saved from the service providers. This obligation does not apply if the expenses involved are completely insignificant.

7.         Liability of the hotel

7.1          The hotel is liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, the hotel is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel, and damages that are based on an intentional or negligent breach of the hotel's contractual duties. Contractual duties of this type are those duties that make the proper performance of the contract possible in the first place and on the fulfillment of which the customer may and is entitled to rely. A breach of duty by the hotel is equivalent to that of its legal representative or vicarious agent. Further claims for damages are excluded, insofar as not otherwise regulated in this Clause 7.

7.2          For package tours, the hotel's liability for such damages that are not bodily injuries and were not caused through fault is limited to three times the price of the trip. Any claims that may additionally arise under international agreements or under statutory provisions based on such agreements remain unaffected by the limitation.

7.3 Items left behind by the customer will only be forwarded upon request and at the customer's expense and risk. The hotel keeps the items for 6 months and charges a reasonable fee.

7.4 If a parking space in the hotel car park is made available to the guest, even for a fee, this does not create a contract of safekeeping. The hotel is not liable for loss or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.

7.5          Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except in cases of gross negligence or intent, are excluded.

7.6          Messages, mail and goods shipments for guests are handled with care. The hotel assumes delivery, storage and - upon request - for a fee the forwarding of the same. Claims for damages, except in cases of gross negligence or intent, are excluded.

7.7          The hotel is liable for items brought in by the guest in accordance with the statutory provisions. It is recommended to use the hotel's safe or the in-room safe. If the guest intends to bring money, securities and valuables with a total value of more than €1,000.00 or other items with a total value of more than €3,500.00, a separate safekeeping agreement must be made with the hotel.

7.8          The hotel is not liable for performance disruptions, personal and property damage that arose in connection with third-party services merely brokered by the hotel. A further prerequisite for an exclusion of liability is that these services were expressly and, stating the identity and the address of the contractual partner who provides the third-party service, so clearly designated that they are recognizably not part of the package holiday for the customer and were selected separately. Sections 651b, 651c, 651w and 651y of the German Civil Code (BGB) remain unaffected hereby. However, the hotel is liable if and to the extent that the customer's damage was caused by a breach of duties to provide information, to explain, or to organize.

7.9          A surcharge is levied on third-party services which are arranged or invoiced by the hotel. A liability of the hotel for the services of third parties is not thereby established and therefore does not exist.

7.10      The hotel will only, in the event of a request and without obligation, provide free transport of persons and luggage. Liability for personal and property damage is limited to the settlement obligation under the statutory motor vehicle insurance. Liability for loss of luggage and delays in transport is fully excluded. However, the hotel expressly reserves the right to offer transport services such as luggage handling, shuttle service, etc. for a fee.

8.         Assertion of claims/Information on consumer dispute resolution

8.1          Claims under §§ 651 i para. 3 nos. 2, 4 - 7 BGB must be asserted by the customer against the hotel.

8.2          The hotel points out with regard to the Act on Consumer Dispute Resolution that it does not participate in voluntary consumer dispute resolution.

9. Special notes for events

9.1              These special terms and conditions for clause 9 apply to contracts for the paid provision of conference, banquet, event rooms and other premises of the hotel for the holding of events of any kind as well as to all related further services and supplies and modify the hotel's other general terms and conditions. Should no modified provisions regarding events have been made for this clause 9, the provisions of the hotel's other general terms and conditions shall apply.

9.2 The customer, as organizer, is responsible for procuring in good time, on their own initiative and at their own expense, all governmental permits/authorizations that may be necessary for the carrying out of the event and, furthermore, for paying any fees and costs incurred (GEMA etc.) directly to the requesting authority. They are further responsible for complying with the conditions attached to these permits/authorizations and for observing all other public-law regulations in connection with the event; this also applies if this affects third-party rights during the conduct of the event, such as copyrights. Should claims nevertheless be asserted against the hotel, the customer shall indemnify the hotel vis-à-vis the claimants.

9.3              The customer is obliged to inform the hotel without being asked, at the latest upon conclusion of the contract, if the event, due to its political, religious or other character, is likely to jeopardize the smooth operation of business, the safety or the hotel's reputation in the public eye.

9.4              Newspaper advertisements, public or political invitations, as well as sales events require the hotel's express prior written consent. The hotel has the right to cancel the event if, due to the publication, essential interests of the hotel, but also the interests of the entire van der Valk Hotel Group, are impaired, or if the hotel has reasonable grounds to assume that the event threatens to jeopardize the smooth conduct of business, the safety or the reputation of the establishment or company, including that of other business partners and guests. Mere serious concern already constitutes the hotel's right to cancel the event. Customers shall have no claims for damages arising therefrom.

9.5              If fewer participants than those specified by the customer at the time of booking take part in the event, the customer is not entitled to reduce the agreed event price. If the number of participants is greater than the agreed number of participants, the hotel is entitled to invoice according to the actual number of participants.

9.6              Room changes, in particular also due to a differing number of participants, are expressly reserved to the hotel, insofar as this is reasonable for the customer taking their interests into account.

9.7              If the hotel procures technical or other facilities from third parties for the customer, it acts in the name and on the account of the customer. The customer is liable for the careful handling and the proper return of these facilities. He indemnifies the hotel against all claims of third parties arising from the provision of these facilities or from the corresponding business arrangement.

9.8              If the agreed start and end times of the event change, the hotel is entitled to charge additional costs for maintaining readiness to provide the service.

9.9              The customer may bring food and beverages and make them available to the participants only with the hotel's prior express written consent. In this case, however, a service fee will be charged.

9.10 For events that continue past midnight, the hotel may, unless otherwise agreed, carry out billing on the basis of individual records; unless the agreed remuneration already takes into account a period extending beyond midnight.

9.11 Special services that become useless as a result of the cancellation must in any case be compensated.

9.12           The customer is liable for losses or damages that have been caused by himself, his employees, other auxiliary staff, as well as by the event participants. It is the customer's responsibility, if applicable, to take out appropriate insurance and to provide proof of this to the hotel upon request.

9.13           To prevent damage, the attachment of decorative material or other items is permitted only with the hotel's written consent. Such material must be removed immediately after the end of the event.

10.       Data protection
The personal data specified in the contract, in particular name, address, telephone number, bank details, which are necessary and required solely for the purpose of carrying out the contractual relationship arising, are collected on the basis of legal authorizations. For any use of the personal data beyond this and the collection of additional information, the consent of the data subject is generally required. In addition, the hotel's separate data protection provisions apply.

11.       Final provisions

11.1      If individual provisions of the contract concluded between the hotel and the customer and/or of the above General Terms and Conditions or parts thereof are or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions or of the contract and the terms as a whole. The invalid or unenforceable provisions shall be replaced by the parties with valid and enforceable provisions which are equivalent to or as close as possible to the invalid or unenforceable provisions and which, as far as possible, correspond to the economic purpose pursued by the parties with the invalid or unenforceable provisions. The same shall apply in the event of an unintended gap in the provisions.

11.2 Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation must be made in text form. Unilateral changes or additions by the customer are ineffective.

11.3      In commercial transactions, the place of performance and place of payment is Linstow.

11.4      In commercial transactions – also in check disputes – Linstow is the exclusive place of jurisdiction; The Hotel may, however, sue the customer at its option either at the location of the respective hotel or at the customer's registered office. The same applies if the customer meets the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in the country.

11.5      The use or the mention of the hotel and the affiliated operating units, in connection with promotional measures of the business partner, requires the written consent of the management.

11.6      German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

VERSION April 2021