General terms and conditions of the Hotel Seeblick Engel Mühbrook
- These general terms and conditions (GTC) apply to all services of the Hotel to the guest, the organizer and other contractual partners. The services consist, in particular, of the provision of services of hotel rooms and other premises for the provision of services, e.g. seminars, conferences, presentations, conferences, banquets and other events, the sale of food and drinks (F & B), the organization of cultural and sporting events and other programs, the implementation of specific health promotion measures or comparable offers, and all related services; The Hotel is entitled to fulfill its services by third parties.
- These terms and conditions apply to all types of contracts, such as Hotel accommodation, package travel, contingent or event contracts concluded with the Hotel. The GTC shall also apply to all future transactions with the contractual partner.
- GTC of the contracting party shall not apply, even if the Hotel does not expressly object to it. Counter-confirmations by the contracting party with reference to its terms and conditions are hereby objected.
2 Conclusion of contract
- In principle, the respective contract comes after the oral or written request of the contracting party and by the acceptance of the Hotel. The Hotel is free to accept the application in writing, verbal, in text form (email, fax) or conclusively, by providing services.
- If the contractual partner concludes a so-called quota contract, the contractual partner shall be liable for all damages caused by the end user.
- The sublet or further rental or the free use of the rooms by third parties as well as the use for purposes other than hotel accommodation is only permitted if the Hotel expressly permits this. The Hotel can, at its own discretion, issue a written exception upon request.
3 Use of rooms, handover of room, departure
- The rooms are provided exclusively for accommodation purposes.
- The contracting party is liable for all damages caused by him or by third parties, who, upon their request, received the services of Hotel.
- The contractual partner is not entitled to use certain rooms. Should rooms not be available in the house, the Hotel will inform the contractual partner immediately and offer equivalent replacement in a nearby hotel of the same category. If the contracting partner refuses, the Hotel has to reimburse the services provided by the contract partner without delay.
- Booked rooms are available to the contracting party from 4pm on the day of arrival. Unless otherwise agreed, the Hotel has the right to assign the booked rooms to other parties after 6pm, without the contracting party having any rights to it.
- The rooms must be vacated by 11am on the day of departure. Afterwards the Hotel will charge the daily room rate for the additional use of the room until 4pm. From 4pm, the Hotel will charge 100% of the full price (listed price).
- In order to allow a careful preparation by the Hotel, the contractual partner shall inform the Hotel of the final number of participants at the latest three days before the start of the event. If the contractual partner communicates a higher number of participants than the agreed number of participants, this higher number of participants will only become a contractual part if the Hotel agrees in writing. If the Hotel does not agree in writing, the contractual partner is not entitled to perform the event with a higher number of participants. If the Hotel agrees, the settlement is based on the new agreement (possibly with additional expenses). There is no entitlement of the contracting party to consent. Billing is independent of the notification of the number of participants according to the contractual agreements. If fewer attendees actually participate in the event, this is irrelevant for billing.
- If the agreed date of the start of an event is shifted, the Hotel is entitled to charge the contractual partner all additional costs incurred as a result.
- Reserved rooms are only available to the contractual partner within the agreed period.
- A claim in addition requires the written consent of the Hotel and is granted in principle only for additional fee. Subject to the interests of the Hotel, room modifications are reserved for the contractual partner.
- For events that go beyond midnight, the Hotel charge 50.00 € (plus VAT) per hour per booked service person. The contractual partner is liable to the Hotel for additional services to the participants or to third parties in connection with the event.
- The contractual partner must obtain all official approvals at his own expense, unless otherwise expressly agreed in writing. The contractual partner is responsible for compliance with all relevant (regulatory) legal requirements. Duties payable to third parties, e.g. GEMA fees, amusement tax, etc. shall be paid immediately by the contractual partner to the creditor.
- The contractual partner is liable for the behaviour of his employees, the participants in the event as well as other auxiliary staff and their own behaviour. The hotel may require the contractual partner to provide adequate collateral (for example insurance, deposits, guarantees).
- To prevent damage, the installation of decoration material or other objects must be agreed with the Hotel. Any exhibited items and other items must be removed after the end of the event. If the contractual partner does not comply with this regulation, the Hotel has the right to arrange removal and store these items for an additional fee. Any transport packaging, outer packaging and all other packaging materials must be disposed of by the contractor at his own expense. Disposal can be made on a fee basis if the contractor leaves the packaging after the end of the event. All items entered during the event, such as decorating material, etc. shall comply with all relevant regulatory requirements.
- The Hotel does not have insurance cover for imported items. The conclusion of a required insurance is solely the responsibility of the contracting party.
- The Hotel will be remedied by the Hotel. The contractual partner cannot derive any claims in this context.
- If own electrical installations are installed by the contracting partner, the hotel management must approve this prior to connection to the electricity network. The current electricity consumption will be calculated according to the valid delivery and work fees, as the utility company charges the Hotel. The Hotel cannot make up flat rates. The Hotel will charge the contracting party if there are any disturbances or defects in the technical facilities.
- If the Hotel provides technical or third party facilities to the contracting party, the Hotel shall act on behalf of the contractor; the contractor is liable for careful use and prover handing over of these facilities and exempts the Hotel from all third party claims through first written demand. A liability of the Hotel due to non-timely procurement or a lack of the procured facilities is excluded.
- The contracting party is generally not allowed to bring food and drinks to the events. In special cases (eg. national specialties, etc.), a written agreement can be made about this; In such cases, general costs are calculated under deduction of the proportional cost of sales.
- Newspaper announcements, which contain invitations to introductory talks or sales events, require the prior written consent of the Hotel. If the publication is without consent, the Hotel has the right to cancel the event.
- Any kind of advertising, information or invitations to the hotel, in particular through the use of the hotel name, requires the prior written consent of the hotel.
5 Provision of services, rates, payments, offset and transfer
- The prices of the respective services are determined by the price list of the Hotel valid at the time of the service. All prices are subject to statutory value added tax (VAT). Increases in value-added tax shall be borne by the contracting party. If the period between the conclusion of the contract and the first contract exceeds 120 days, the Hotel is entitled to increase the right price by a maximum of 15%. Subsequent changes in the performance may lead to changes in prices. The Hotel is entitled to demand an advance payment or security deposit of up to 100% of the contractual partner’s total payment obligation upon conclusion of contract by the contractual partner. The amount of the advance payment and the payment dates can be stipulated in the contract.
- If the contractor has booked within a period of time at which a trade fair, a major event or other event takes place and if after the conclusion of the contract such an event is postponed for reasons beyond the control of the Hotel, then the contract is valid for a new period when the Hotel is able to fulfil the agreed services. If the Hotel can fulfil its performance, the contract partner will be notified within a reasonable period of time. If the performance is not possible, especially if the booked rooms are already rented to third parties for the new period, the parties can withdraw from the contract without giving reasons. The assertion of claims against the other party is excluded. This does not apply to services already granted. These must be repaid or remunerated.
- The payment claim of the Hotel is due immediately after receipt of the respective invoice without deduction. An invoice is valid at the latest 3 days after sending as received by the invoice recipient, provided no earlier receiving can be proven. In the event of default on payment, the statutory provisions shall apply.
- The preparation of a financial statement does not release the payment of the individual invoices within the time limit. The Hotel reserves the right to withhold any further and future services and to make the fulfilment of the services dependent on a security payment of up to 100% of the remaining outstanding payment.
- A reminder fee of € 10.00 is due for each reminder. Invoices are to be paid immediately cash or with credit card. The Hotel is entitled to reimburse foreign exchange, checks and credit cards. Vouchers from tour operators are only accepted if a credit agreement exists with the respective company or if corresponding prepayments have been made. Reimbursement of unused services is excluded.
- The contractual partner can only set off against a claim of the Hotel if his demand is undisputed or legally established. This applies to the exercise of a right of retention on the basis of the customer’s own demands. The Hotel can only be assigned to claims and other rights with the written consent of the hotel.
- If the contractual partner uses a credit card without paying physically (e.g. via telephone, internet, etc.) to pay for the Hotel products with advance payment (e.g. general orders with advance payment or guaranteed booking), the Hotel is not entitled to revoke this charge against its credit institution.
- If individual services are cancelled within a booked package, the contract partner shall not be entitled to a price reduction. The Hotel reserves the right to charge all services according to the individual price. The booked price of the package is only valid if it is also claimed.
6 Cancellation of services / Reduction of services
Reservations of the contract partner shall be binding on the contractual partner. In the Cancellation by the customer (cancellation, cancellation / non-use of the hotel’s services (No Show)
- A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of rescission has been expressly agreed upon in the contract, if there is another statutory right of withdrawal or if the hotel expressly agrees to the cancellation of the contract.
- The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form.
Provided that a date for the cancellation of the contract has been agreed upon between the hotel and the customer, the customer may withdraw from the contract by then, without incurring payment or compensation claims for the hotel. The right of withdrawal of the customer expires, if he does not exercise his right to rescind the hotel by the date that was agreed upon.
- If a right of withdrawal has not been agreed upon or has already expired, there is no statutory right of rescission or termination, and the hotel does not agree to a cancellation of the contract. The hotel reserves the right to the agreed remuneration, despite non-utilization of the service. The hotel has to charge the fees from the rental of the rooms and the expenses made.
7 Withdrawal / Termination by the Hotel
- The Hotel is allowed to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314), if a) the contractual partner does not provide a due performance b) the fulfilment of the contract is not possible due to force majeure, strike or other acts, c) the contractual partner makes false claims about important data, d) the contracting party uses the name of the Hotel in advertising measures without prior written consent, e) contractually definite rooms are sublet without written consent of the Hotel , f) the Hotel has reasonable grounds for assuming that use of hotel service may hinder smooth operation, security or public reputation of the Hotel .
- The contracting party is entitled to prove that the loss of the Hotel is not given or reduced.
- Provided that the Hotel can otherwise provide the cancelled service to third parties within the agreed period, the damages of the contract partner will be reduced by the amount paid by these third parties for the cancelled service, but at most up to the cancellation of the entire damage compensation.
- Irrespective of the above-mentioned damages, the contractual partner shall pay a flat-rate processing fee of 50 Euro.
8 Liability of the Hotel, regarding brought in objects, statute of limitations
- The Hotel is liable for all legal and contractual claims, generally only in case of intentional or grossly negligent behaviour.
- Exceptions are made and the Hotel is liable for slight negligence in the case of damages, a) which are based on the violation of essential contractual obligations. In such cases, the liability is limited to foreseeable contract-type damage b) due to injury to life, body or health.
- A liability of the Hotel for consequential damages or indirect damages is excluded.
- Liability exclusions and limitations apply in the same way to all companies, their subcontractors and fulfilment auxiliaries used by the Hotel to fulfill their contractual obligations. They do not apply if the Hotel assumes a guarantee for the quality of a thing or any work or in the case of fraudulently concealed mistakes.
- The contractual partner is obligated to notify visible defects immediately, at the latest upon departure, at the hotel.
- The statutory provisions of Sections 701 et seq. of the German Civil Code (BGB) shall apply to items submitted by the contracting party.
- Any remaining objects of the contract partner / overnight guests will only be forwarded upon request, risk and costs of the contracting party. The Hotel will keep the items for 12 months and will charge you a reasonable amount of money. If a recognizable value exists, the items will afterwards be handed over to the local lost and found.
- All claims of the contracting party against the Hotel from or in connection with the contract expire after one year, starting with the end of the year in which the claim arose and the contractual partner acquires knowledge without gross negligence.
9 Place of performance and payment, place of jurisdiction, collateral agreements, partial ineffectiveness
- Place of performance and payment for both parties is the location of the respective hotel business of the Hotel.
- German law applies.
- Place of jurisdiction is Neumünster.
- Should individual provisions of the contract, including these terms and conditions of business, be invalid, this shall not affect the effectiveness of the remaining provisions. The parties shall immediately replace the ineffective provisions with those which are as close as possible to the intended purpose and economic significance. The same applies in the event that regulatory gaps should exist in the contract.
SETTING CONDITIONS FOR PARKING GARAGES AND HOTEL PARKING SPACES (AGBP)
1 RENT CONTRACT
1.1 With the acceptance of the parking ticket and / or entry into the parking garage or the hotel parking space (“parking area”), a lease agreement is concluded between the hotel and the tenant regarding the parking period desired by the tenant within the opening hours according to these setting conditions.
1.2 In this case neither guarding nor custody is the subject of this contract. The hotel does not assume any custody or special care duties for the items brought in by the tenant.
2 CONDITIONS FOR USE
2.1 The lessee is obliged to observe the care required in traffic. In particular, the special traffic regulations and safety regulations specified in the parking area must be complied with. Instructions of the hotel staff, which are for the security or the house rights, must always be immediately followed. In all other respects, the provisions of the StVO (road traffic regulations) apply accordingly.
2.2 Vehicles may only be parked within the designated parking spaces, but not on the pitches reserved for permanent users. The hotel is entitled to have the vehicles parked incorrectly moved by means of suitable measures, at the expense of the tenant. For this, the hotel can charge a lump sum; In this case, the tenant can prove that the costs have not been incurred or substantially lower than the lump sum.
2.3 The hotel is also entitled to remove the renter’s vehicle from the parking area in case of danger.
2.4 Each tenant is advised to always close his vehicle carefully after leaving, and not to leave any valuables behind.
2.5 The opening times can be found in the corresponding notices.
3 SAFETY AND RULES OF LAW
3.1 In the parking area, it is only allowed to drive at a walking speed.
3.2 Not permitted in the parking area are:
– smoking and the use of fire,
– the storage of supplies, containers and flammable objects,
– the unnecessary running of engines,
– the parking of vehicles with a leaky tank or carburettor,
– refueling, repair, washing, interior cleaning of vehicles,
– the discharge of cooling water, fuels or oils,
– the distribution of advertising material.
3.3 The stay in the parking area is only permitted for the purpose of setting, loading and unloading as well as the pick up of vehicles.
3.4 The renter has to remove any impurities caused by him immediately.
4 FEE / PARKING DURATION
4.1 The amount of parking fees to be paid and the permissible parking period are based on the current valid price list.
4.2 The maximum parking period is one month unless a special agreement is made in individual cases.
4.3 After the end of the maximum period of the car park, the hotel is entitled to have the vehicle removed from the parking area at the expense of the tenant, provided that the tenant and / or the owner of the vehicle are notified in writing within a time limit of at least two weeks, or if the value of the vehicle obviously does not exceed the rent that is due. The hotel is entitled to be paid the fee according to the pricelist up until the vehicle is removed.
4.4 In the event of a loss of the parking ticket, at least one charge in the amount of one day’s rate shall be due, unless the tenant has a shorter or the hotel has a longer parking time.
4.5 The hotel may check the authorization to pick up and use the vehicle. The detection is carried out inter alia. Guided by the presentation of the parking ticket; The tenant can provide another proof.
4.6 If the tenant uses more than one parking space with his vehicle, the hotel is entitled to collect the full parking charge for the actually used number of parking spaces.
5 LIABILITY OF THE HOTEL
5.1 The hotel is only liable for damages which have been demonstrably caused by him or his vicarious agents or by gross negligence. This limitation of liability does not apply to injury to life, body or health or to the violation of essential contractual obligations.
5.2 The hirer is obliged to report any damage to his vehicle to the hotel without delay.
5.3 The hotel excludes all liability for damages caused by other tenants or other third parties. This applies in particular to damage, destruction or theft of the adjusted vehicle or movable / built-in items from the vehicle or objects attached to or on the vehicle.
5.4 If the tenant is a hotel guest and if the hotel accepts parking or picking up the vehicle at the request of the lessee, this also does not constitute a deposit agreement and no monitoring obligation, since this is only a complaint of the hotel to the guest. Damage caused by other vehicles or objects must be regulated by the vehicle liability insurance of the renter / vehicle owner. The hotel and the driver commissioned by the hotel are also not liable for the damage caused directly to the vehicle of the hirer as well as for any financial disadvantages in connection with the regulation of the damage to the other vehicles or things relating to the motor vehicle liability insurance of the hirer / Premiums, etc.), unless the driver commissioned by the hotel caused the damage intentionally or was grossly negligent.
6 LIABILITY OF THE LESSEE
6.1 The lessee is liable for damages caused to him by himself or by his vicarious agents, his agents or his accompanying persons. He is obliged to report such damage without being asked to leave the hotel before leaving the parking area.
6.2 The lessee is liable for the cleaning costs for the impurities of the parking area caused by him in the sense of section 3.2.
7 RIGHT OF LIEN / RIGHT OF RETENTION / USE
7.1 The hotel is entitled to a right of retention and statutory right of lien on the hired vehicle by the hirer due to its claims from the rental agreement.
7.2 The hotel is entitled to remove and / or recycle vehicles or trailers without an official license plate if this has been previously demanded of the renter / vehicle owner and he has not complied with the request to remove the vehicle within a reasonable period set by the hotel. Such a threat and request is not required if the tenant / vehicle owner could not be determined even after taking reasonable measures. The renter / vehicle owner is entitled to the possible realization proceeds minus the costs incurred and the parking charge incurred up to the time of the removal of the vehicle.
7.3 Without prejudice to the rights of section 7.1 and section 7.2, the tenant is liable to the hotel for all costs incurred