General Terms and Conditions for Hotel and Arrangement Services
Hotel Am Schlosspark
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and provisions provided to the customer by Hotel Am Schlosspark, operated by ProCurand Dienstleistungs GmbH, hereinafter referred to as the Hotel (Hotel Accommodation Contract).
2. The subletting or reletting of the rooms provided as well as the use of the rooms for purposes other than accommodation require the prior written consent of the Hotel.
3. The customer’s terms and conditions shall only apply if this has been agreed in writing in advance.
II. Conclusion of Contract, Termination, Withdrawal, Cancellation of the Hotel Accommodation Contract/Handling
1. The Hotel Accommodation Contract is concluded by confirmation of a booking by the Hotel or by acceptance of an offer from the Hotel by the customer.
2. The contracting parties are the Hotel and the customer. If a third party has placed an order for the customer, he shall be liable to the Hotel together with the customer as joint and several debtors for all obligations arising from the Hotel Accommodation Contract, provided that the Hotel has received a corresponding declaration from the third party.
3. If the customer withdraws from the contract, the Hotel must give its written consent thereto. If the Hotel does not accept the withdrawal, the Hotel shall endeavour to sublet the room(s). If this is not possible for the Hotel, payment of the agreed accommodation price for the contractual period shall be due. The cancellation deadlines apply as follows:
up to 6 weeks before arrival = free of charge,
up to 4 weeks before arrival = 40% of the price,
up to 2 weeks before arrival = 60% of the price,
from 13 days before arrival = 80% of the price.
In the event of early departure, 100% of the confirmed accommodation price must be paid. This regulation also applies in the event of a reduction in the number of rooms ordered and/or the length of stay. The customer is granted the right to prove to the Hotel that the actual damage incurred was less or that no damage at all was incurred.
4. The Hotel is entitled to withdraw from the contract for objectively justified reasons in writing (by e-mail) as well as by telephone (via the telephone number provided by the guest), for example if force majeure or other circumstances for which the Hotel is not responsible make it impossible to fulfil the contract, if rooms have been booked under misleading or false statements of material facts, e.g., concerning the Hotel guest or the purpose, as well as if the Hotel has reasonable grounds to assume that the use of the Hotel service may jeopardise the smooth running of the business, the security or the reputation of the Hotel. If the Hotel’s withdrawal is justified, the customer shall have no claim to compensation.
III. Arrival and Departure
1. The Hotel is obliged to make the reserved rooms available from 3.00 p.m. on the day of arrival. If possible, rooms may be made available earlier. There is no entitlement to an earlier handover.
2. The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed in text form.
3. Unless a later arrival time has been expressly agreed or the room has been prepaid, the Hotel has the right to assign booked rooms to other guests after 6 p.m., without the customer being able to make a claim against the Hotel as a result.
4. Booked rooms are available to the guest until 10.00 a.m. on the day of departure. If the guest leaves the room after 10.00 a.m., the Hotel may, after consultation and if possible, charge an additional 50% of the accommodation price for that day if the room is made available until 4.00 p.m., and 100% from 4.00 p.m. onwards. Departure after 10.00 a.m. must be registered by the guest at the reception on the day of arrival.
IV. Contract for Other Agreed Services
For other ordered services, such as room rentals and/or agreed sales of food and drinks – e.g., at events – the following conditions apply:
1. The customer shall inform the Hotel of the number of participants no later than five working days before the service is to be provided. If fewer participants arrive than agreed, the customer shall make payment in accordance with the agreed number. If more participants arrive, payment shall be made according to the actual number of participants.
2. Catering services in connection with the booking of an event/meeting at Hotel Dahme may be cancelled free of charge up to 8 days before the event. Agreed room rentals are charged in the same way as reserved rooms. The amount of the room rental is stated in the order confirmation. In the event of cancellation 8 days prior to the event, the customer shall pay the agreed room rental and 50% of the lost revenue. The lost turnover is calculated according to the price of the pre-ordered food. From the 4th day before the event, the agreed room rental and 100% of the lost turnover shall be paid by the customer.
V. Price Increases, Payment, Place of Performance
1. The agreed prices include the statutory value added tax. Any increase in value added tax after conclusion of the contract shall be borne by the customer.
2. The Hotel is entitled to demand payment in the amount of the contractual stipulation in advance upon the customer’s arrival at the Hotel. Other payment dates shall be specified in the contract. Accrued claims may be made due at any time and immediate payment may be demanded.
3. In the event of default in payment, the Hotel shall be entitled to charge interest on the outstanding invoice amount at a rate of 5 percentage points above the respective base interest rate of the Deutsche Bundesbank. The customer reserves the right to prove a lower damage, the Hotel a higher damage.
4. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
5. The place of performance and payment is the registered office of the booked Hotel.
VI. Liability / Limitation
1. The Hotel shall be liable in the area of its own provision of services within the scope of the statutory provisions. Claims for damages against the Hotel and its staff are limited to damages caused intentionally and by gross negligence.
2. The limitation period for claims for defects is 1 year after the provision of the contractually agreed Hotel service for claims of the customer against the Hotel. All other limitation periods shall be governed by the statutory provisions.
3. No warranty and/or liability shall be assumed for third-party services within the meaning of clause VI.
4. Valuables can be stored in the Hotel safe. The Hotel recommends making use of this facility.
5. The Hotel and its vicarious agents shall only be liable for the loss of or damage to a motor vehicle parked on the Hotel premises/underground car park and/or for its contents in the event of gross negligence and wilful intent. A safekeeping contract shall not be concluded. There is no security service. The same applies to the cloakroom in the restaurant or parked bicycles.
6. In the Hotel facilities and in the wellness and leisure areas, parents are liable for their children. In the wellness areas, children and young people under 14 years of age are only allowed access if accompanied by a parent or guardian.
VII. Final Provisions
1. Any disputes arising out of or in connection with this contract and its performance shall, to the extent permitted by law, be brought before the court having jurisdiction over the registered office of the Hotel.
2. Amendments or supplements to the contract, the acceptance of the application or these terms and conditions for the Hotel accommodation shall be made in writing. Unilateral amendments or supplements by the customer shall be invalid.
3. Should any 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.