- These terms and conditions apply to contracts for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
- The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of H-SLEEP GMBH HOTEL KURPARKBLICK, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.
- The customer's general terms and conditions only apply if this has been expressly agreed beforehand.
II. CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS
- The contract is concluded when H-SLEEP GMBH HOTEL KURPARKBLICK accepts the customer's application; these are the contractual partners. H-SLEEP GMBH HOTEL KURPARKBLICK is free to confirm the room booking in text form.
- If a third party has ordered for the customer, the customer is liable to H-SLEEP GMBH HOTEL KURPARKBLICK together with the third party as joint debtor for all obligations arising from the hotel accommodation contract if H-SLEEP GMBH HOTEL KURPARKBLICK has submitted a corresponding declaration; of the third party.
- All claims against H-SLEEP GMBH HOTEL KURPARKBLICK expire one year after the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by H-SLEEP GMBH HOTEL KURPARKBLICK or its vicarious agents. These claims for damages become statute-barred in ten years, regardless of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by H-SLEEP GMBH HOTEL KURPARKBLICK. Claims by consumers within the meaning of the § 13 BGB expire according to the statutory provisions.
III. SERVICES, PRICES, PAYMENT, OFFSET
- H-SLEEP GMBH HOTEL KURPARKBLICK is obliged to keep the rooms booked by the customer available and to provide the agreed services. In the event of a booking, H-SLEEP GMBH HOTEL KURPARKBLICK is entitled to rebook the customer to an appropriate hotel.
- The customer is obliged to pay the agreed or applicable prices of H-SLEEP GMBH HOTEL KURPARKBLICK for the rooms provided and for other services used by him. This also applies to services provided by third parties and paid for by H-SLEEP GMBH HOTEL KURPARKBLICK.
- Invoices from H-SLEEP GMBH HOTEL KURPARKBLICK are to be paid immediately and without deductions upon receipt of the invoice without a due date. H-SLEEP GMBH HOTEL KURPARKBLICK can demand the immediate payment of due claims from the customer at any time. In the event of default in payment, H-SLEEP GMBH HOTEL KURPARKBLICK is entitled to claim the applicable statutory default interest of currently 9%, or 5% in the case of legal transactions in which a consumer is involved. H-SLEEP GMBH HOTEL KURPARKBLICK reserves the right to prove greater damage.
- The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are the bed tax and local taxes that are owed by the guest himself according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
- After conclusion of the contract,
- H-SLEEP GMBH HOTEL KURPARKBLICK is not obliged to agree to a subsequent reduction in the number of booked rooms, the performance of H-SLEEP GMBH HOTEL KURPARKBLICK or the length of stay of the customer requested by the customer. If H-SLEEP GMBH agrees to HOTEL KURPARKBLICK, the agreement may depend on the price for the rooms and/or for the other services of H-SLEEP GMBH HOTEL KURPARKBLICK increasing.
- H-SLEEP GMBH HOTEL KURPARKBLICK is entitled tom to require customers to make a reasonable advance payment up to the amount of the full room rate or security deposit, for example in the form of a credit card guarantee or credit card debit. The amount of the advance payment, the payment dates and/or the provision of security are to be agreed in text form. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. If the customer is in default of payment, the statutory regulations remain unaffected.
- H-SLEEP GMBH HOTEL KURPARKBLICK is also entitled to demand an advance payment or security deposit from the customer at the beginning and during the stay within the meaning of Section III.6 above for existing and future claims arising from the contract, insofar as such a not already in accordance with;&rszlig; above Section III.6.
- The customer can only offset or offset against a claim from H-SLEEP GMBH HOTEL KURPARKBLICK with an undisputed or legally binding claim.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION)/ FAILURE TO USE HOTEL SERVICES (NO SHOW)
- A cancellation by the customer of the contract concluded with H-SLEEP GMBH HOTEL KURPARKBLICK is only possible if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists or if H-SLEEP GMBH HOTEL KURPARKBLICK expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation must be made in text form.
- If an appointment for free withdrawal from the contract has been agreed between H-SLEEP GMBH HOTEL KURPARKBLICK and the customer, the customer can withdraw from the contract until then without any payment or damage claims from H-SLEEP GMBH HOTEL KURPARKBLICK. The customer's right of withdrawal expires if he does not exercise his right of withdrawal to H-SLEEP GMBH HOTEL KURPARKBLICK by the agreed date.
- If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if H-SLEEP GMBH HOTEL KURPARKBLICK does not agree to a contract cancellation, H-SLEEP GMBH HOTEL KURPARKBLICK retains the right to claim to the agreed remuneration despite non-use of the service. H-SLEEP GMBH HOTEL KURPARKBLICK has to offset the income from renting the room to other parties and the expenses saved. If the rooms are not rented out elsewhere, H-SLEEP GMBH HOTEL KURPARKBLICK can make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 100% of the contractually agreed price for overnight stays with or without breakfast and for package deals with third-party services. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
- The regulations under Section IV.3. apply accordingly to half and full board arrangements, with the proviso that the customer must pay 100% of the contractually agreed price, unless the parties have agreed different regulations in the individual contract. Here, too, the customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
v. WITHDRAWAL OF THE HOTEL
- If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period, H-SLEEP GMBH HOTEL KURPARKBLICK is entitled to withdraw from the contract during this period if inquiries from other customers about the contractual booked rooms are available and the customer does not waive his right of withdrawal upon request from H-SLEEP GMBH HOTEL KURPARKBLICK with a reasonable deadline.
- Will a gem&rszlig; Clause III.6. agreed or requested advance payment or security deposit has not been made even after a reasonable period of grace set by H-SLEEP GMBH HOTEL KURPARKBLICK has expired, H-SLEEP GMBH HOTEL KURPARKBLICK is also entitled to withdraw from the contract.
- Furthermore, H-SLEEP GMBH HOTEL KURPARKBLICK is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if
- force majeure or other circumstances for which H-SLEEP GMBH HOTEL KURPARKBLICK is not responsible make it impossible to fulfill the contract;
- Rooms or spaces culpably under misleading or false information or concealmentcher facts are posted; the identity of the customer, the ability to pay or the purpose of the stay can be essential;
- H-SLEEP GMBH HOTEL KURPARKBLICK has reason to believe that the use of the service may endanger the smooth running of business, the security or the reputation of H-SLEEP GMBH HOTEL KURPARKBLICK in public , without this being attributable to the area of control or organization of H-SLEEP GMBH HOTEL KURPARKBLICK;
- the purpose or reason for the stay is unlawful;
- an infringement against the above-mentioned item I.2. exists.
- The justified withdrawal of H-SLEEP GMBH HOTEL KURPARKBLICK does not justify any claim of the customer for damages.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
- The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed.
- Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer is not entitled to earlier provision.
- On the agreed day of departure, the rooms must be vacated by H-SLEEP GMBH HOTEL KURPARKBLICK by 11:00 a.m. at the latest. After that, H-SLEEP GMBH HOTEL KURPARKBLICK is entitled to charge 50% of the full accommodation price (list price) until 6:00 p.m. and from 6:00 p.m. due to the delayed evacuation of the room for its contractual use 100% This does not justify contractual claims of the customer. He is free to prove that H-SLEEP GMBH HOTEL KURPARKBLICK has no or a significantly lower claim for usage fees.
- Bringing dogs and cats (hereinafter referred to as "pets") requires prior notification by the guest and the consent of the hotel; for other animals, the hotel must be requested with the exact species name, whereby the hotel can refuse approval in all cases at any time and without giving reasons. A maximum of one (1) pet is allowed per single room and two (2) per double room. An additional fee must be paid for each pet brought along, the amount of which will be communicated to the guest by Centro upon notification. However, guide dogs, deaf dogs and other comparable service dogs are exceptions. These may be carried free of charge and at any time.
VIII. HOTEL LIABILITY
- H-SLEEP GMBH HOTEL KURPARKBLICK is liable for its obligations under the contract. Customer claims for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health if H-SLEEP GMBH HOTEL KURPARKBLICK is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty of H-SLEEP GMBH HOTEL KURPARKBLICK and damages that are based on an intentional or negligent breach of typical contractual obligations by H-SLEEP GMBH HOTEL KURPARKBLICK. A breach of duty by H-SLEEP GMBH HOTEL KURPARKBLICK is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the services of H-SLEEP GMBH HOTEL KURPARKBLICK occur, H-SLEEP GMBH HOTEL KURPARKBLICK will endeavor to remedy the situation upon knowledge or immediate complaint from the customer . The customer is obliged to do what is reasonable for him to rectify the fault and to keep possible damage to a minimum. In addition, the customer is obliged to inform H-SLEEP GMBH HOTEL KURPARKBLICK in good time of the possibility of exceptionally high damage.
- H-SLEEP GMBH HOTEL KURPARKBLICK is liable to the customer for items brought in according to the statutory provisions. H-SLEEP GMBH HOTEL KURPARKBLICK recommends using the hotel safe; the room safes do not guarantee risk-free storage. If the guest has money, securities and valuables with a total value of more than 800 € or other items with a total value of more than 3500 € wishes to bring in, this requires a separate storage agreement with H-SLEEP GMBH HOTEL KURPARKBLICK.
- Even outside of his room, the customer is fundamentally obliged to look after his belongings and valuables himself. H-SLEEP GMBH HOTEL KURPARKBLICK is only liable in accordance with Section VI aboveII.8. Sentences 1-4.
- H-SLEEP GMBH HOTEL KURPARKBLICK does not have its own parking spaces for customers. The temporary parking of vehicles does not result in a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, H-SLEEP GMBH HOTEL KURPARKBLICK is only liable in accordance with Section VIII.8 above. Sentences 1-4.
- Wake up calls, messages, mail and shipments for guests are handled with care. H-SLEEP GMBH HOTEL KURPARKBLICK takes over the delivery, storage and - on request - the forwarding of the same for a fee. H-SLEEP GMBH HOTEL KURPARKBLICK is only liable for wake-up calls, messages, mail and consignments in accordance with Section VIII.8 above. Sentences 1-4.
- The photos shown on the website and in brochures are for informational purposes only. They do not constitute a guarantee of the quality of the rooms booked by the customer. Although every effort has been made to ensure that photographs, graphic representations and reproduced texts to illustrate H-SLEEP GMBH HOTEL KURPARKBLICK give the most accurate impression possible of the accommodation services offered. There may be deviations between the booked room and the illustrated room, in particular due to the large number of rooms, changes in the furnishings or any renovations. The guest is not entitled to any complaints in this regard.
- H-SLEEP GMBH HOTEL KURPARKBLICK cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure caused by third parties, the guest or his partners, including unavailability of the internet, prevented access to the website, external interference, viruses or unauthorized prepayment by the submitter's bank.
IX. CUSTOMER LIABILITY FOR DAMAGES
- If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, fellow travelers, visitors or other third parties from his area or himself. The statutory liability provisions apply to consumers.
- H-SLEEP GMBH HOTEL KURPARKBLICK may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).
X. FINAL PROVISIONS
- Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions must be in text form. Unilateral changes or additions by the customer are invalid.
- The place of fulfillment and payment is the location of H-SLEEP GMBH HOTEL KURPARKBLICK.
- Exclusive place of jurisdiction - also for check and bill of exchange disputes - is Hamburg in commercial transactions. If a contractual partner meets the requirements of the § 38 Paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is Hamburg.
- German law applies. The application of the UN sales law and the conflict of laws is excluded.
- Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the effectiveness of the remaining provisions. Otherwise, the statutory provisions apply.