General terms and conditions for the Hotel Accommodation Contracts of AQUAMARIS Strandresidenz Rügen
A roomboking which is induced by a guest and accepted by the hotel founds a contractual relationship between both contracting parties, the so called accommodation contract.
I. Scope of applicability
1. These Terms and Conditions govern contracts for the rental use of hotel
Rooms for lodging purposes, as well as all other goods and services rendered
by the hotel.
2. The prior consent in text form of the hotel is required if rooms provided are to
be sublet or rented to other parties or used other than for lodging purposes.
3. The customer’s general terms and conditions shall apply only if these are
previously expressly agreed in text form.
4. The reservation of function rooms and related services by the hotel are governed by the Terms and Conditions for events.
II. Conclusion of contract, parties, statute of limitations
1. The contract shall come into force upon the hotel’s acceptance of the customer’s
application. At its discretion, the hotel may confirm the room reservation
in text form.
2. The parties to the contract are the hotel and the customer. If a third party
placed the order on behalf of the customer, then that party shall be liable vis-àvis
the hotel for all obligations arising from the hotel accommodation contract
as joint and several debt or together with the customer, insofar as the hotel has
a corresponding statement by the third party.
3. The hotel shall be liable for its obligation of the contract. The liability of the hotel is limited to intent and gross negligence.
4. The statute of limitations terminates after six months concerning all claims of the customer, insofar as the hotel is responsible for intent or forcing legal statute of limitations.
5. The above-mentioned limitation of liability and brief limitation period apply to the hotel's benefit even if obligations are violated during actions leading up to the contract and in case of positive violations of contractual obligations.
III. Services, prices, payment, set-off
1. The hotel is obligated to keep the rooms reserved by the customer available
and to render the agreed services.
2. The customer is obligated to pay the agreed or applicable hotel prices for
rooms provided and for other services used. This shall also apply to the hotel’s
services and outlays to third parties caused by the customer.
3. The agreed prices include applicable value-added tax as required by law. If the period between conclusion and fulfilment of the contract transcends 4 months, and if the rate generally charged by the hotel for such services increases, then the hotel may raise the price agreed by contract to a reasonable extent, but not by more than five percent.
4. The hotel can alternate prices if the customer later requests a change of the number of reserved rooms, services of the hotel or the customer’s length of stay with the agreement of the hotel.
5. Hotel invoices not showing a due date are payable and due within 10 days of receipt of the invoice without deduction. The hotel shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of 5 % above the base interest rate. The customer reserves the right to prove a lower damage, the hotel reserves the right to prove greater damage. Against proof the hotel may claim a higher damage. The customer reserves the right to prove a lower damage, the hotel reserves the right to prove greater damage.
6. The hotel is entitled to require a reasonable advance payment or security deposit , upon conclusion of the contract or later, considering legal regulations of package travels. The amount of the advance payment and payment dates may be agreed in text form in the contract.
7. The customer may only set-off or reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
IV. Repudiation by the customer
1. The customer is given the right to reverse the contract considering the following conditions of cancellation. If the cancellation is made up to 31 days before arrival no cancellation fee will be charged. In case of cancellation 30 to 21 days before the day of arrival 30 % of the agreed price, in case of cancellation 20 to 14 days before arrival 60 % of the agreed price and in case of cancellation less than 14 days before arrival, no-show and early departure 80 % of the agreed price will be charged. Cancellation has to be made in text form.
2. If rooms are booked in connection to events ( for example, easter, christmas, new year) the compounded compensation of rental fee in case of cancellation up to 31 days before arrival will be 50 % of the agreed price, in case of cancellaton less than 31 days before arrival the compensation of rental fee will be 80 % of the agreed price.
3. Group booking from 15 persons upwards: If a group booking is cancelled, the under 1. mentioned fees in percent will be increased by 10 %. If a cancellation up to 5 rooms of the original groupallotment is made will be proceeded as mentioned under 1. If the reservation is made for more than 200 lodging nights the above mentined periods will extend for 30 days each.
V. Cancellation by the hotel
1. Insofar as it was agreed in text form that the customer can cancel the contract
at no cost within a certain time period , the hotel is entitled for its part to cancel
the contract during this time period if inquiries from other customers regarding
the contractually reserved rooms exist.
2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to cancel the contract.
3. The hotel has to inform the customer in case of using its right of cancellation,
4. The customer can derive no damage compensation rights from justified
cancellation by the hotel.
VI. Room availability, delivery and return
1. The customer does not acquire the right to be provided specific rooms.
2. Hotelrooms and vacation homes are not available before 3 p.m. on the day of arrival except a special agreement has been made.
3. The provided rooms have to be occupied till 6 p.m. on the day of arrival. After this time rooms can be given to someone else, unless the guest has informed the hotel of a later arrival in text form.
4. Holiday flats have to be vacated till 12 noon. If the time for returning the room is exceeded, the hotel will charge for the first and the second hour 50,00 € each. From the beginning third hour on the hotel will charge twice of the lodging price (list price).
5. The hotel has to be informed 3 days before arrival of the number of persons belonging to group-, travel-, seminar- and conferenceevents, if necessary participants lists have to be send. Political events have to be clearly marked with booking.
VII. Liability of the hotel
1. The hotel assumes liability for the due care and diligence of a prudent merchant. The liability is limited to defects of performance attributable to intent or gross negligence on the part of the hotel, except in the area typical for the performance. Should disruptions or defects occur in the hotel's services, the hotel will endeavour or provide relief when it becomes aware of this or upon the customer's immediate notification of the defect. The customer is obliged to contribute reasonable assistance in remedying the fault and minimising any possible damages.
2. For property and possessions brought to the hotel by the guest, the hotel shall assume liability insofar as law applies. The hotel bears liabillity only to an amount up to one hundred times of the room rate per day, at least to an amount of 600,00 € and to an amount up to 3.500,00 € at most; for money, securities and valuables the amount of 3.500,00 € is exchanged to the amount of 800,00 €.
3. A provided parking space, even against fee, in the car park or garage of the hotel does not found a contractual liability of the hotel. Furthermore the German Road Traffic Regulations (StVO) apply on the whole hotel ground.
1. Animals are only allowed with prior consent of AQUAMARIS and against fee. In public rooms for example restaurants, Dance bar, pub, swimming pool area etc. are animals not allowed.
2. In case of guest transportation by AQUAMARIS is the liabillity for personal and material damage restricted to automobile insurance.
IX. Final provisions
1. Amendments and supplements to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral amendments and supplements by the customer are not valid.
2. Place of performance and payment is the location of the hotel.
3. The sole court of jurisdiction including for check and exchange disputes for commercial transactions is the registered seat of the hotel. Insofar one of the contracting parties fulfils the conditions of section 38 para. 1 German
Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction will be the seat of the hotel.
4. German law applies.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain un-affected thereby. Any invalid provision shall be automaticly replaced by a valid provision, which accomplishes the economic intrests of the contract parties most. The same shall apply in the case of an omission. In addition, the legal provisions apply.