Terms and Conditions
Terms and Conditions for Hotel Accommodation Contract at Usedom Palace Hotel
Introduction
A room booking initiated by the customer (common term for: purchaser, guest, tenant, organizer, intermediary, etc.) and accepted by the hotel establishes a contractual relationship between both parties, known as the hotel accommodation contract.
The hotel accommodation contract is a type of mixed contract not specifically regulated in the German Civil Code (BGB), except for liability for items brought in. It includes elements of service, work, and sales contract law. In its essence, the hotel accommodation contract is a lease agreement.
Hotel accommodation contracts, like all other contracts under civil law, must be adhered to by both contracting parties.
I. Scope
1.) These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.
2.) The subletting or further rental of the provided rooms and their use for purposes other than accommodation require the prior written consent of the hotel.
3.) Customer's terms and conditions apply only if agreed upon in writing beforehand.
II. Conclusion of Contract, Parties, Liability; Limitation Period
1.) The contract is concluded when the hotel accepts the customer's offer. The hotel may choose to confirm the room booking in writing.
2.) The limitation period for all customer claims is 6 months from the termination of the contract. This limitation of liability and short limitation period also apply to the hotel's violation of obligations in contract initiation, positive contract violation, and tortious acts.
III. Services, Prices, Payment, Offset
1.) The hotel is obligated to provide the rooms booked by the customer and to render the agreed services.
2.) The customer is obligated to pay the prices for room rental and the other services and charges agreed upon with the hotel.
This also applies to services and expenses incurred by the hotel on behalf of the customer to third parties.
3.) There is no entitlement to a hotel parking space when booking a room. Parking spaces must be reserved and paid for in advance.
4.) The agreed prices include the respective statutory value-added tax. If the period between contract conclusion and contract fulfillment exceeds 4 months, and the hotel's generally charged price for such services increases, the hotel can reasonably raise the contractually agreed price, but not exceeding 10%.
5.) Prices may also be changed by the hotel if the customer subsequently wishes changes to the number of booked rooms, hotel services, or guest stays, and the hotel agrees to the changes.
6.) Invoices from the hotel without a due date are payable within 10 days of receipt without deduction. The hotel is entitled to declare accrued claims due at any time and demand immediate payment. In case of late payment, the hotel is entitled to charge interest at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. The customer retains the right to prove a lower damage, and the hotel retains the right to prove a higher damage.
7.) The hotel is entitled to request a reasonable advance payment or security deposit at any time. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract.
8.) The customer can only offset an undisputed or legally established claim against a hotel claim, reduce it, or declare a right of retention.
9.) Hotel prices may change between the booking date and the duration of the stay. The valid price is the respective price including VAT on the booking day.
IV. Customer Cancellation
1.) Customer cancellation of the contract with the hotel requires the written consent of the hotel. If this is not given, the agreed price from the contract must be paid even if the customer does not avail themselves of contractual services.
2.) If a cancellation date is agreed upon in writing between the hotel and the customer, the customer can cancel the contract until that date without triggering payment or damages claims by the hotel. The customer's right to cancel lapses if they do not exercise the right in writing to the hotel by the agreed-upon date.
3.) In the case of rooms not utilized by the customer, the hotel must credit the income from other rental of the rooms as well as the saved expenses.
4.) The hotel is free to lump-sum the damage it incurs and is to be reimbursed by the customer. The customer is then obliged to pay 80% of the contractually agreed price for overnight stay with or without breakfast, 70% for half-board, and 60% for full-board arrangements. The customer is free to prove that the damage incurred by the hotel is lower than the requested lump sum.
Event Cancellation
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Up to 6 weeks before the event: |
25% of the agreed-upon charges are due |
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Up to 14 days before the event: |
50% of the agreed-upon charges are due |
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Up to 7 days before the event: |
75% of the agreed-upon charges are due |
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If canceled within less than 7 days before the event, we must invoice the full amount of the agreed services. |
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Reservation Cancellation
3-7 days before arrival 50%,
1-2 days before arrival 80%.
If not arriving, the customer will be invoiced 100% of the total stay costs minus 10% for saved expenses."
V. Hotel Cancellation
1.) The hotel is entitled to withdraw from the contract until the cancellation date agreed upon in IV.2., if other customer inquiries for the contractually booked rooms are present, and the customer does not waive the right to cancel upon inquiry by the hotel. If a agreed advance payment is not made even after an appropriate grace period set by the hotel with threat of rejection has elapsed, the hotel is also entitled to cancel the contract.
2.) Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, e.g., in the case of:
force majeure or other circumstances not attributable to the hotel that make the fulfillment of the contract impossible;
- rooms booked under misleading or false information on essential facts, e.g., by the customer or purpose, are booked;
- the hotel has reason to believe that the use of hotel services may jeopardize the smooth operation of the business, the safety, or the reputation of the hotel in the public eye, without this being attributable to the hotel's sphere of control or organization;
- a violation of I.2. above exists.
3.) The hotel must inform the customer immediately of the exercise of the right of cancellation.
4.) A hotel cancellation does not give the customer a claim for damages, except in the case of intentional or grossly negligent behavior by the hotel.
VI. Room Provision, Handover, and Return
1.) The customer does not acquire a right to the provision of specific rooms. If such rooms have been promised to the customer but are not available, the hotel is obliged to provide equivalent replacement.
2.) Booked rooms are available to the customer from 2:00 PM on the agreed-upon arrival day. The customer has no claim to earlier availability.
3.) On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 AM at the latest. After that, the hotel can charge 50% of the room price for additional use of the room until 6:00 PM and the full room price after 6:00 PM. In addition, the customer is obliged to compensate the hotel for any further damage.
VII. Hotel Liability
1.) The hotel is liable for the care of an ordinary merchant but limited to defects or disturbances that are attributable to intent or gross negligence of the hotel beyond the typical scope of performance. If disturbances or defects occur in the hotel's services, the hotel will endeavor to remedy them promptly upon the customer's immediate complaint. The customer is obliged to contribute what is reasonable to remedy the disturbance and to minimize possible damage.
2.) The hotel is liable to the guest for items brought in according to statutory provisions, i.e., up to one hundred times the room price, but no more than EUR 3,068.00, as well as for money and valuables up to EUR 768.00. Money and valuables up to a maximum value of EUR 5,113.00 can be stored in the hotel safe. The hotel recommends taking advantage of this option.
3.) If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, no custody agreement is concluded. The hotel is not liable for loss or damage to motor vehicles and their contents parked or maneuvered on the hotel property, except for intent or gross negligence. This also applies to hotel employees.
4.) Wake-up calls are carried out by the hotel with the utmost care. Claims for damages due to faulty execution are excluded.
5.) Messages, mail, and parcels for guests are handled with care. The hotel takes care of delivery, storage, and, upon request, forwarding of the same for a fee. The hotel is not liable for delays, loss, or damage.
VIII. Final Provisions
1.) Changes or additions to the contract, acceptance of the offer, or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are ineffective.
2.) The place of performance and payment is the hotel's registered office.
3.) The exclusive place of jurisdiction - also for check and bill disputes - is the hotel's registered office in commercial transactions. If a contracting party fulfills the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the hotel's registered office is considered the place of jurisdiction.
4.) German law applies.
5.) Should 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 apply.
6.) The hotel is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
7.) Translations of the website are automated. Errors cannot be ruled out. The basis of the contract is the original German text.
USEDOM-PALACE Hotel
Dünenstraße 8
17454 Ostseebad Zinnowitz
Telephone: +49 (0) 38377 396-0
Email: