General terms and conditions for the hotel accommodation contract
Stand 01.01.2024, nymphe strandhotel & apartments GmbH & Co. KG, Strandpromenade 48, 18609 Ostseebad Binz
scope
1. These terms and conditions apply to contracts for the rental of hotel rooms to accommodation as well as all other services and deliveries of the hotel provided to the customer.
2. The subcontracting or re-letting of the rooms and their use for purposes other than the hotel's stay requires the prior written consent of the hotel.
3. The customer's terms of business are only applicable if this has been previously agreed upon.
Contract conclusion, partner, liability; limitation
1. The contract is concluded by acceptance of the customer's request by the hotel. The hotel is free to confirm the room booking in writing.
2. Contractual partners are the hotel and the customer. If a third party has ordered the customer, he / she is liable to the hotel as a joint and several liability for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
3. The hotel is liable for its obligations under the contract. In the non-performance area the liability is limited to intent and gross negligence of the hotel.
4. The limitation period is 6 months for all claims of the customer.
5. This limitation of liability and a short period of limitation shall also apply to the hotel in the event of breach of obligations in the initiation of the contract and positive breach of contract.
6. The contract becomes binding, legal and guaranteed for the hotel and the client only after it has been received in writing by the hotel with the client's signature on the confirmation or by providing the client's credit card details.
Services, prices, payment, offsetting
1. The hotel is obliged to keep the rooms booked by the customer and to provide the agreed services.
2. The customer is obliged to pay the prices of the hotel which are valid or agreed upon for the room transfer and the other services used by him. This also applies to the services and expenses of the hotel to third parties caused by the customer.
3. The agreed prices include the respective statutory value-added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the contract may increase the contractually agreed price by a maximum of 10%.
4. The hotel can also change the prices if the customer wishes to make changes to the number of rooms booked, the hotel's service or the duration of the guests' stay, and the hotel agrees to this.
5. Invoices of the hotel without due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims at any time due and to demand immediate payment. In the case of a delay in payment, the hotel is entitled to charge interest at the rate of 4% above the respective discount rate of the Deutsche Bundesbank. The customer remains the proof of a lower, the hotel of the higher damage reserved.
6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or afterwards taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer can only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
Rescission of the customer
(In case of cancellation by the customer following conditions apply)
– 14 bis 7 Tage vor Reisebeginn: 40% der Rechnungssumme
– Ab dem 6. Tag vor Reisebeginn: 60% der Rechnungssumme
- For cancellations from 48 hours before the arrival day or non-arrival
80% of the invoice sum due.
– Bei vorzeitiger Abreise bis 14.00 Uhr werden zuzüglich zur Rechnungssumme bis zum Abreistag
80% of the invoice sum, the outstanding nights due.
– Bei vorzeitiger Abreise nach 14.00 Uhr werden zuzüglich zur Rechnungssumme bis zum Abreistag
90 % der Rechnungssumme, der ausstehenden Nächte fällig.
Cancellation of group reservations (from 4 rooms):
– 31 bis 15 Tage vor Reisebeginn: 50 % der Rechnungssumme
- 14 to 7 days before departure: 70% of the invoice
- For cancellations from 7 days to 48 hours before the arrival day or not
90% of the invoice sum will be due
– Bei vorzeitiger Abreise bis 14.00 Uhr werden zuzüglich zur Rechnungssumme bis zum Abreistag
80% of the invoice sum, the outstanding nights due.
– Bei vorzeitiger Abreise nach 14.00 Uhr werden zuzüglich zur Rechnungssumme bis zum Abreistag
90 % der Rechnungssumme, der ausstehenden Nächte fällig.
Cancellation of the hotel
1. Furthermore, the hotel is entitled to rescind the contract for materially justifiable reasons, for example if
- force majeure or other circumstances beyond the control of the hotel render the fulfillment of the contract impossible;
- Rooms with misleading or incorrect details of important facts, e.g. In the person of the customer or the purpose;
- the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardize the smooth operation, security or prestige of the hotel in the public without being attributable to the hotel's sphere of control or organization;
- there is a breach of the above-mentioned scope.
- past stays of the customer in the hotel justified reasons speak against the readmission and accommodation of the same such as:
- Abusive/insulting/aggressive/physically assaultive behaviour (e.g. already when making a reservation)
- Non-compliance with the house rules
- Accommodation was left dirty or in an improper condition.
- Damage to the accommodation
- Intentional theft of household property
- Illegal activities
- outstanding payments that have not been made or have been made incompletely despite dunning procedures
2. The hotel shall inform the customer immediately of the exercise of the right of withdrawal.
3. In the event of justified rescission of the hotel, the customer is not entitled to claim damages.
Room preparation, delivery and return
1. The customer is not entitled to the provision of certain rooms.
2. Booked rooms are available to the customer from 3 pm on the agreed arrival day. The customer is not entitled to any earlier provision.
3. On the agreed day of departure, the rooms are to be vacated by the hotel at 11.00 am at the latest. Thereafter, the hotel can charge 50% of the full price (list price) for the additional use of the room up to 6.00 pm. The customer is free to prove to the hotel that no or a significantly lower damage has occurred.
4. Alle dem Kunden vom Hotel überlassenen Eigentümer, sind direkt bei Abreise unbeschädigt zurück zugewähren, darunter zählen die Zimmerkarte sowie der Garagenschlüssel. Bei Verlust behält sich das Hotel vor, eine Wiederbeschaffungs- und Aufwandsgebühr zu erheben bis maximal € 60,00.
Liability of the hotel
1. The hotel is liable for the care of a proper merchant. This liability is in the non-performance category, but limited to performance defects, damages, consequential damages or disturbances, which are due to intent or gross negligence of the hotel. Should faults or deficiencies in the services of the hotel occur, the hotel will endeavor to remedy the situation if the customer is aware of it or if the customer's complaint is prompt. The customer is obligated to contribute to the reasonable, in order to remedy the disturbance and keep a possible damage low.
2. Money and valuables can be stored in the hotel safe in the room. The hotel recommends that you use this option. The liability claims expire if the customer does not immediately notify the hotel in Erlangen of the knowledge of loss, destruction or damage (§ 703 German Civil Code).
3. The statutory provisions apply to the unlimited liability of the hotel.
4. Insofar as the customer is provided with a parking space in the hotel garage or in a hotel car park, also for a fee, no deposit agreement is established. The hotel is not liable in case of loss or damage to the vehicles parked or parked on the hotel premises and their contents, except in cases of willful intent or gross negligence. This also applies to the hotel's services.
5. Wake-up calls are handled by the hotel with the utmost care. Compensation claims, except for gross negligence or intent, are excluded.
6. Messages, mails and guest deliveries are treated with care. The hotel accepts the delivery, storage and, upon request, the forwarding of the same for a fee. Compensation claims, except for gross negligence or intent, are excluded.
Final clause
1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for the hotel reception should be made in writing. Unilateral changes or additions by the customer are ineffective.
2. Place of performance and payment shall be the registered office of the hotel.
3. Exclusive jurisdiction for checks and bills of exchange is the place of business in commercial traffic. If a contractual partner fulfills the prerequisite of § 38 para. 1 ZPO and does not have a general jurisdiction within the country, the place of jurisdiction is the seat of the hotel.
4. German law shall apply.
5. Should individual provisions of these General Terms and Conditions of Business be or become invalid or void, the effectiveness of the remaining provisions shall remain unaffected. In addition, the statutory provisions apply.
– Die Geschäftsleitung 01.01.2024-