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 Withdrawal of the customer (cancellation, revocation) / utilisation of the hotel’s performance (no show)
4.1 The customer is only able to withdraw from the contract agreed with the hotel if a right to withdraw was expressly agreed in the contract, another statutory right to withdraw exists, or if the hotel expressly consents to the cancellation of the contract. Agreement on a right to withdraw and any consent to the cancellation of the contract should be set out in writing respectively.
4.2 If a deadline for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer is able to withdraw from the contract up to this point without triggering any claims for payment or compensation by the hotel. The customer’s right to withdraw expires if they have not exercised their right to withdraw against the hotel by the agreed time point.
4.3 If a right to withdraw is not agreed or if it has already expired, no legal right to withdraw or cancel exists and the hotel does not consent to cancellation of the contract, the hotel reserves the right to demand payment of the agreed amount despite a failure to utilise the services. The hotel is required to credit any use due to alternative rental of the rooms, as well as any saved expenditures. If the rooms are not otherwise rented then the hotel can estimate the deductions applied for saved expenditures. In this case, the customer is obligated to pay at least 80 % of the contractually agreed price for overnight accommodation with or without breakfast, as well as for package arrangements with external services, 70 % with a dinner package, and 60 % in case of full board packages. The customer is free to prove that the aforementioned claim did not arise, or that it did not arise to the amount demanded.
5 Withdrawal of the hotel
5.1 If it has been agreed that the customer is entitled to withdraw from the contract free of charge within a certain period of time then the hotel is also entitled to withdraw from the contract during this period, if inquiries from other customers arise in relation to the rooms reserved and the customer does not revoke their right of withdrawal from the contract within an appropriate period of time upon request by the hotel.
5.2 If an advance payment or security, agreed or demanded by the hotel in accordance with clause 3.6 and/or clause 3.7, is not paid also after an appropriate period of grace set by the hotel has passed, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to implement extraordinary withdrawal from the contract with materially justifiable cause, in particular if
– Force majeure or other circumstances outside the sphere of control of the hotel render contractual fulfilment impossible;
– Rooms or suites have been reserved with culpably misleading or incorrect information or with concealment of significant facts; significant may be the identity of the customer, the ability to pay, or the purpose of the stay;
– The hotel has justifiable reason to suspect that utilisation of the services may endanger seamless hotel operations, the security or the public image of the hotel, without this being attributable to the domain or organisational sphere of the hotel;
– The purpose or reason for the stay is illegal;
– An infringement of the aforementioned clause 1.2 exists.
5.4 Justified withdrawal by the hotel does not constitute any grounds for a claim for compensation by the customer.
6 Provision, handover and return of rooms
6.1 The customer acquires no right to the provision of specific rooms, unless this has been expressly agreed.
6.2 Reserved rooms are available to the customer from 15:00 hrs on the agreed day of arrival. The customer has no entitlement to earlier availability.
6.3 On the agreed day of departure, the room must be vacated and made available to the hotel by no later than 11:00 hrs. After this time, the hotel is entitled to bill for the non-contractual use of the room at 50 % of the full room rate (list price) up to 18:00 hrs, and 90 % after 18:00 hrs, due to the delayed vacating of the room. The customer shall have no contractual claims as a result of this. The customer is entitled to prove that the hotel has no claim or a significantly lower claim to payment for use.
7 Liability of the hotel
7.1 The hotel shall be liable for damages attributable to the hotel, where these arise due to death, physical injury or damage to health. Furthermore, the hotel shall be liable for further damages, which arise due to malicious or grossly negligent violations of obligations on the part of the hotel, or malicious or grossly negligent violations of contract-typical hotel obligations. A violation of an obligation on the part of hotel also exists if this is attributable to a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise specified in this clause 7.
If hotel services should be deficient or faulty, the hotel shall endeavour to remedy the situation upon knowledge of this or upon prompt complaint by the customer. The customer is obligated to make a reasonable effort to remedy the deficiency and to keep damage to a minimum.
7.2 The hotel shall be liable to the customer for the belongings they bring with them in accordance with the legal provisions. The hotel recommends using the hotel safe or room safe. If guests wish to bring cash, securities and valuables with them, with a value of more than EUR 800, or other property with a value in excess of EUR 3,500 then a separate storage agreement must be concluded with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or the hotel car park, also subject to a charge, no safekeeping contract comes into effect as a result of this. In the event of loss or damage to vehicles parked or manoeuvred on the hotel site, or to vehicle contents, the hotel shall only be liable in accordance with the provisions set out in the preceding clause 7.1, points 1 to 4.
7.4 Wake-up services are provided by the hotel with the utmost diligence. Messages, post and packages addressed to guests are treated with care. The hotel can take care of the delivery, storage and - on request and subject to a charge - forwarding on of these items. The hotel shall only be liable in this regard to the extent specified in the previous clause 7.1, points 1 to 4.
8 Final provisions
8.1 Changes and supplements to the contract, the application acceptance or these general terms and conditions of business should be set out in writing. Unilateral changes or supplements made by the customer are ineffective.
8.2 The place of fulfilment and payment, as well as the exclusive place of jurisdiction - also for cheque and exchange disputes - is Timmendorfer Strand in commercial dealings. If one contract partner fulfils the preconditions of § 38 section 2 of the Code of Civil Procedure and has no general domestic place of jurisdiction then Timmendorfer Strand shall be the place of jurisdiction.
8.3 German law applies. The application of the UN Sales Convention and the conflict of laws is excluded.
8.4 If individual provisions of these general terms and conditions of business should be or become ineffective or invalid then this shall not affect the validity of the remaining provisions. Further to this, the legal regulations apply.
Terms and Conditions of Membership in the Smart Guest Loyalty Card Programme at the Grand Hotel Seeschlösschen
§ 1 What is Smart Guest? By becoming a member of Smart Guest, the guest can collect bonus points for certain services used or turnover achieved at the hotel. These bonus points can be redeemed for rewards from the hotel. The guest receives a loyalty card (hereinafter "card") and access to a website (hereinafter "Smart Guest platform") through which he can manage his membership. The guest will use the card and the Smart Guest platform only for the purposes of his membership in the Smart Guest loyalty programme.
§ 2 What does membership cost the Guest? Membership of Smart Guest is free of charge for the Guest.
§ 3 Who can become a member? Only individual, natural persons who are at least 18 years old can become members. Membership is not transferable to other persons.
§ 4 When does membership begin? Membership begins when the guest hands in the completed and signed application form to the hotel or when the hotel receives it in another way and the guest receives the card.
§ 5 How can the guest manage his membership? The guest can manage his membership via the Smart Guest platform. Here he can view his points balance, redeemed points and rewards. In addition, the guest can dispose of these functions through hotel employees at the reception.
§ 6 What applies to the use of the card? The card is linked to the membership. It serves to identify the guest as a member of the Smart Guest programme. Use of the card by other persons is excluded.The card does not become the property of the member.
§ 7 What applies in the event of loss, theft or damage to the card? In the event of loss, theft or damage, the member shall receive a replacement card from the hotel. This has a new card number. The membership, including accumulated bonus points, will be transferred to the new card number.
§ 8 What applies to bonus points collected for business purposes? The tax consequences of bonus points collected for business purposes are the sole responsibility of the member.
§ 9 How long does the membership last? The membership is generally concluded for an indefinite period. The hotel also reserves the right to discontinue the Smart Guest loyalty programme at any time. If the hotel no longer offers the Smart Guest loyalty programme, the guest's membership shall end with the end of the offer of the Smart Guest loyalty programme. The guest can no longer redeem bonus points. He is no longer entitled to use the Smart Guest platform. The card shall be returned or destroyed as notified by the hotel.
§ 10 Both the hotel and the guest can terminate the guest's membership in the Smart Guest programme. The guest may terminate without notice, the hotel must observe a notice period of 2 months. Extraordinary termination for good cause is possible at any time. If the guest is responsible for the existence of the important reason, a redemption of bonus points is no longer possible after the extraordinary termination has become effective. After termination of the membership, the guest can no longer redeem bonus points. He is no longer entitled to use the Smart Guest Platform. The card must be returned or destroyed according to the hotel's notification. If the reason justifying extraordinary termination lies within the sphere of the hotel, the consequences of the termination of membership described in this paragraph shall not take effect until two months after the termination takes effect.
§ 11 What applies to the collection of bonus points? The guest can only collect bonus points for those services of the hotel which he/she uses him/herself. If the guest makes joint use of services with other persons, the turnover shall be taken into account on a pro rata basis. The prerequisite for collecting bonus points is that the guest presents his/her card on arrival and departure. It is not possible to transfer points to the account of another member.
§ 12 How the guest is informed about his/her bonus point balance? The guest can find out about his/her bonus point balance at any time via the Smart GuestPlatform. In addition, the guest can ask for the bonus point balance at the hotel reception at any time.
§ 13 The hotel provides the guest with a selection of rewards. The rewards catalogue offered by the hotel may change in the course of the membership.
§ 14 How can bonus points be redeemed? The guest can redeem bonus points for rewards via the Smart Guest Platform. They can also redeem them at the hotel reception desk and receive a voucher for the desired reward. If the guest wishes to redeem a voucher during a stay at the hotel, he/she should redeem the bonus points at least seven days before arrival so that the voucher is available in good time. The voucher can only be taken into account if the guest notifies the hotel before arrival that he/she wishes to use a voucher.
§ 15 What does the hotel need the guest's personal data for? The hotel collects, stores and uses the guest's personal data. This is done exclusively for the implementation of the Smart Guest loyalty programme. Any use beyond this does not take place. Data is only passed on to third parties within the framework of order processing in the implementation of the Smart Guest loyalty programme.
§ 16 How are changes in the Smart Guest programme implemented? The hotel may change or supplement these terms and conditions insofar as this increases the efficiency of the programme. The hotel shall notify the guest of the changes or amendments in text form, e.g. by e-mail. They shall be deemed to have been approved by the guest the next time the guest collects further bonus points without objecting to the changes or amendments. However, the free membership can only be cancelled by the member's expressly declared consent.
§ 17 The hotel shall be liable for damages or reimbursement of futile expenses in the event of intent and gross negligence in accordance with the statutory provisions. In other cases, the hotel shall be liable - unless otherwise provided in paragraph 3 - only in the event of a breach of a material contractual obligation and limited to compensation for the foreseeable and typical damage. Material contractual obligations are obligations the fulfilment of which is essential to the proper performance of the contract and on the observance of which the guest may regularly rely. In all other cases, the hotel's liability is excluded subject to the provision in paragraph 3.
The hotel's liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.