General termsand conditions

General termsand conditions
General terms and conditions
1 Scope of validity
1.1 These general terms and conditions of business apply to contracts for the rental provision of hotel rooms for accommodation purposes, and to all further services and performance of the hotel as supplied to customers (hotel agreement). The term “hotel agreement” encompasses and replaces the following terms: Accommodation agreement, lodging agreement, hotel contract and hotel room agreement.
1.2 Subletting or re-rental of the rooms provided, as well as their use for any purpose other than accommodation purposes, requires the prior consent of the hotel in writing, whereby § 540 section 1 point 2 of the German Civil Code is excluded insofar as the customer is not the consumer.
1.3 The customer’s general terms and conditions of business shall only apply if this has been expressly agreed in advance.2 Contractual agreement, contract partners, limitation period
2.1 The contract partners are the hotel and the customer. The contract comes into being with the acceptance of the customer’s application by the hotel. The hotel is at liberty to confirm the room reservation in writing.
2.2 All claims against the hotel are expressly subject to the limitation period of one year from commencement of the statutory limitation period. Claims for compensation are subject to a limitation period of five years conditional on knowledge of this provision, insofar as they do not pertain to death, physical injury, damage to health or a violation of freedom. These claims for compensation are subject to a limitation period of ten years irrespective of knowledge of this provision. The limitation period reductions do not apply to claims that are based on malicious or grossly negligent violations of obligations on the part of the hotel.3 Services, prices, payment, offsetting
3.1 The hotel is obligated to provide the rooms reserved by the customer, and to deliver the agreed services.
3.2 The customer is obligated to pay the agreed or valid prices of the hotel for the rooms provided, as well as any further services utilised by the customer. This also applies to services commissioned directly by the customer or via the hotel, which are delivered by third parties and disbursed by the hotel.
3.3 The agreed prices are quoted inclusive of the taxes and local duties valid at the time of contractual agreement. The prices do not include local duties that are payable by the guests themselves according to respective local law, such as visitor's taxes. In the event of a change to the rate of statutory VAT or the new introduction, amendment or repeal of local duties applicable to the performance after contractual conclusion, the prices shall be adjusted accordingly. In case of contracts with consumers, this only applies if the time frame between contractual conclusion and contract fulfilment exceeds four months.
3.4 The hotel is able to make its agreement to a retrospective reduction in the number of rooms reserved, the hotel services or the length of stay of the customer contingent on an increase in the price for the rooms and/or the other services of the hotel.
3.5 Invoices issued by the hotel without a payment due date fall payable within ten days of receipt of the invoice without deductions. The hotel can demand that the customer settle due payments immediately at any time. In case of payment arrears, the hotel is entitled to demand payment of the applicable statutory interest on arrears, currently amounting to 8 %, or in case of legal transactions in which the consumer is involved, 5 % above the base interest rate. The hotel is entitled to prove further damages.
3.6 Upon contractual conclusion, the hotel is entitled to demand an appropriate advance payment or security from the customer, for example in the form of a credit card guarantee. The advance payment amount and the payment deadlines may be agreed in writing in the contract. With advance payments or securities for package trips, the legal regulations remain unaffected.
3.7 In duly justified cases, for example if the customer is in arrears or the scope of the contract has been expanded, the hotel is also entitled to demand an advance payment or security after contractual conclusion up to the start of the stay, in accordance with the preceding clause 3.6, or to charge the advance payment or security agreed in the contract up to the full price agreed.
3.8 The hotel is also entitled to demand an appropriate advance payment or security from the customer in accordance with the preceding clause 3.6, at the start of the stay or during the stay, for existing and future claims arising from the contract, insofar as this has not already been provided in accordance with the preceding clause 3.6 and/or clause 3.7.
3.9 The customer is only able to settle or offset a claim of the hotel with a claim of their own where the customer’s claim is undisputed or legally valid.4 Payment on arrival / at check-in
If the payment method ‘Payment at the hotel’, ‘Payment at the accommodation’ or a similar payment method was selected at the time of booking, the total amount of the booking must be paid in full on arrival and no later than at check-in at the hotel. This applies regardless of whether the booking was made via the hotel’s own website, by telephone, by email or via an online booking portal or any other booking or intermediary platform. If the invoice amount has already been collected on behalf of the hotel by the booking portal or a payment service provider prior to arrival, the payment is deemed to have been made and no further payment is required at the hotel. In the event of outstanding payment of an invoice due, the hotel may – irrespective of the payment method – withhold the provision of the booked room until the amount due has been settled.
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5 Withdrawal of the Customer (Cancellation) / Use of the Hotel's Services (No Show)
5.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists 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 in each case.
5.2 If a date for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel by the agreed date.
5.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilization of the service. The hotel has to take into account the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not otherwise rented out, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
6 Withdrawal of the hotel
6.1 If it was agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline.
6.2 If an advance payment or security deposit agreed or requested pursuant to Section 3.6 and/or Section 3.7 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw fom the contract.
6.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular if
– force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
– rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material may be the identity of the customer, the ability to pay or the purpose of the stay;
– the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
– the purpose or reason for the stay is unlawful;
– there is a violation of the above-mentioned clause 1.2.6.4 The justified withdrawal of the hotel does not entitle the customer to compensation.
7 Room provision, handover and return
7.1 The customer does not acquire the right to the provision of certain rooms, unless this has been expressly agreed.
7.2 Booked rooms are available to the customer from 16:00 on the agreed day of arrival. The customer has no right to earlier provision.
7.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50 % of the full accommodation price (list price) for the late vacating of the room for its use in excess of the contract until 3.00 p.m., and 90 % from 3.00 p.m. onwards. Contractual claims of the customer are not justified by this. He is at liberty to prove that the hotel has not incurred any or a significantly lower claim for compensation for use.
8 Liability of the hotel
8.1 The Hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause 7.
Should disruptions or defects occur in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.8.2 The hotel shall be liable to the customer for items brought in in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
8.3 Insofar as a parking space is made available to the customer in the hotel garage or in the hotel parking lot, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, the hotel shall be liable only in accordance with the above Section 7.1, sentences 1 to 4.
8.4 Wake-up orders are executed by the hotel with the utmost care. Messages, mail and merchandise shipments for guests are handled with care. The hotel will take care of the delivery, storage and - on request - forwarding of the same against payment. The hotel shall only be liable in this respect in accordance with the above section 7.1, sentences 1 to 4.
9 Final provisions
9.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are invalid.
9.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - shall be Timmendorfer Strand for commercial transactions. If a contracting party fulfills the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Timmendorfer Strand.
9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
9.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
Notes on the Use of our Internet Access
Dear Guest, to ensure that your use of our internet access is as simple and secure as possible, we kindly ask you to observe the following basic rules:
1. Permission to use the wireless internet access
The operator provides wireless internet access (Wi-Fi) at the Grand Hotel Seeschlösschen Sea Retreat & SPA (Grand Hotel Seeschlösschen GmbH & Co. KG), Strandallee 141, 23669 Timmendorfer Strand. The user is granted shared use of this internet access via Wi-Fi for the duration of their stay. The user is not permitted to allow third parties to use this Wi-Fi. The operator is neither able nor obligated—within the scope of this shared use—to guarantee the actual availability, suitability, or reliability of this internet access for any purpose, including volume or performance-related aspects. The operator reserves the right to allow additional users at any time, and to restrict or fully block the user's access entirely, partially, or temporarily. In particular, the operator may block access to specific websites or services at its sole discretion.2. Access data
Internet access is limited to the duration of your stay at the hotel. Use is granted through the entry of a password, which must not be shared with third parties. If you have any questions or problems regarding the internet access, our reception team will be happy to assist. The operator may change or limit this access data at any time. In this case, new access data can be requested by the user. The user agrees to keep their access data confidential at all times.
3. User responsibility
The user alone is responsible for all data transmitted via the Wi-Fi, services used, and legal transactions conducted. Any costs arising from the use of third-party services via the Wi-Fi are to be borne by the user. The user agrees to comply with applicable laws while using the Wi-Fi. In particular, the user shall:a. not illegally reproduce, distribute, or publicly make accessible any copyrighted works—this especially applies to uploading or downloading via file-sharing programs or similar platforms;
b. not use the Wi-Fi to access or distribute immoral or illegal content;
c. comply with youth protection regulations;
d. not send or distribute any defamatory, offensive, or threatening content;
e. not use the Wi-Fi to send spam or any other form of unauthorized advertising.
4. Limitation of liability and indemnity
The user shall indemnify the operator from all damages and third-party claims resulting from unlawful use of the Wi-Fi by the user or with the user's consent by others. This also applies to violations of this agreement. The indemnity includes costs and expenses incurred in defense or enforcement. Additionally, the user shall indemnify the operator from any third-party claims arising from copyright or other legal disputes associated with their internet usage.
The user acknowledges that the Wi-Fi merely provides internet access. Additional security measures (e.g. virus protection, firewall) are not provided by the operator. No liability is accepted for any potential virus infection through use of the internet access. In particular, the operator assumes no responsibility for the content of accessed websites or downloaded files.
Data traffic via the Wi-Fi is encrypted using WPA2, which makes unauthorized access or interception by third parties virtually impossible. The content accessed is not monitored by the operator. The use of the Wi-Fi is at the user's own risk. The operator accepts no liability for damage to user devices or data resulting from the use of the Wi-Fi unless such damage was caused intentionally or through gross negligence by the operator or its agents.
5. Data protectiona. We ensure that your personal data is only collected, stored, and processed as far as is necessary for the provision of services and permitted or required by law.
b. If data protection consent declarations are obtained from you in the context of using our services, please note that you may revoke this consent at any time with future effect.
c. To provide hotspot services, we may need to use personal data from your device. In this context, MAC addresses may be temporarily stored. We may also store log files containing data on the type and extent of services used during the session. These cannot be directly linked to individual persons.
6. Further notes
A. Use a browser with 128-bit SSL encryption if possible
Current versions of standard browsers (Microsoft Internet Explorer, Apple Safari, Mozilla Firefox, or Opera) support this standard.B. Protect your PC with up-to-date virus protection and a firewall
Install antivirus software and update it regularly. Make sure your device is free of viruses, worms, and trojans. We recommend using a firewall and anti-spyware software and keeping it up to date. Please note that we only provide internet access without virus protection or firewall.C. Keep your operating system up to date
Install updates and patches for your operating system promptly and regularly.D. Protect your data in case of device loss
Secure your PC and important files with passwords, and change them regularly. Do not store passwords on your hard drive. Only allow trusted individuals access to your device. We recommend making regular backups of your data.E. Restart your browser in case of connection errors
If you experience connection errors, close and restart your browser. Ensure correct entry of your password. Always close your browser after ending your internet session.F. Be careful with unknown files or email attachments
Do not open files from unknown sources or files you did not request.G. Do not visit websites with illegal content
This applies especially to websites containing hate speech, child pornography, or those promoting criminal acts or glorifying/trivializing violence. Avoid sites that pose a serious moral threat to children or adolescents.H. Do not participate in illegal or dubious file-sharing platforms
When downloading or uploading files—especially music, movies, or images—please ensure they are not protected by copyright. Infringing copyright can lead to substantial claims for damages.I. Violations of these terms of use
If you violate these usage terms, or if we suspect a violation, we reserve the right to restrict or block your internet access. We are not liable for any data loss that may result.J. Acceptance of terms of use
By connecting to the Wi-Fi and using the internet, you accept the above terms of use without reservation.