General Terms and Conditions Resort Linstow van der Valk GmbH
1. Scope of application
1.1 These terms and conditions shall apply to all services of the hotel, in particular to the provision of hotel rooms, conference banquet rooms, other rooms and objects against payment, as well as to all other services and deliveries of the hotel provided to the customer in this context (hereinafter also referred to comprehensively as: hotel services).
1.2 Any terms and conditions of the customer shall not be recognised.
1.3 Subletting or reletting as well as any other use of the premises other than for accommodation purposes shall require the prior consent of the hotel in text form. Insofar as the customer is not a consumer, Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived.
2 Conclusion of contract
2.1 The contracting parties are the customer and the hotel. The customer must have reached the age of 18.
2.2 In the event of exclusive booking of a hotel room or other individual hotel service (individual service booking), the contract shall be concluded by the hotel's acceptance of the booking request. The acceptance can be made without any formalities, i.e. in particular also verbally or by telephone. A booking notification by the hotel in writing or text form following a contract concluded orally or by telephone merely confirms the conclusion of the contract.
2.3 In the event of a booking of a totality of at least two different types of travel services for the purpose of the same trip (package tour), the contract shall be concluded by the customer's payment of the deposit specified in the confirmation letter or by the customer's submission of the credit card number. Any discrepancies must be notified to the hotel no later than 14 days after receipt of the contract. In the case of bookings at short notice up to 4 weeks prior to arrival, confirmation shall be effected by the customer's signature or complete down payment of the service amount. In the case of group bookings or conferences and events, the contract is concluded by the written confirmation of the offer by the customer.
3. Services, prices, payment, set-off
3.1 The hotel is obliged to provide the hotel services booked by the customer. Should ordered rooms and/or premises not be available, for whatever reason, the hotel shall be entitled and obliged to provide a substitute of equal value.
3.2 The customer is obliged to pay the hotel's agreed / applicable price for the booked hotel services. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3.3 The hotel may unilaterally increase the price if the increase in the price results directly from a
a) increase in the price for the carriage of persons due to higher costs for fuel or other energy sources,
(b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges; or
c) a change in the exchange rates applicable to the package tour in question.
3.4 A price increase is only effective if the customer has been informed of it at least 20 days before the start of the trip. The hotel shall inform the customer in a clear and comprehensible manner of the price increase and the reasons for it on a durable medium and in doing so shall inform the customer of the calculation of the price increase. The customer may in turn demand a reduction in the price of the tour if and insofar as the circumstances and facts which have become the basis of the contract have changed after the conclusion of the contract and before the start of the tour and this leads to lower costs for the hotel. If the customer has paid more than the amount owed as a result, the hotel shall be obliged to reimburse the additional amount. However, it may deduct the administrative expenses actually incurred from the additional amount to be reimbursed. If the price increase specified in the contract in accordance with Section 651 f (1) of the German Civil Code (BGB) exceeds 8% of the tour price, the hotel may offer the customer a corresponding price increase and demand that the customer either accept the offer to increase the price or declare his withdrawal from the contract within a reasonable period specified by the hotel. If the customer does not respond or does not respond within the set period, the notified price increase shall be deemed accepted. The customer shall be informed of this in the aforementioned price increase declaration in a clear, comprehensible and prominent manner.
3.5 The prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees thereto.
3.6 Invoices of the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled to call in accrued receivables at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge interest in the amount of 9 percentage points above the respective base interest rate or the corresponding successor interest rate of the European Central Bank. The customer reserves the right to prove a lower damage, the hotel a higher damage.
3.7 By providing an e-mail address, the customer agrees that the invoice may be sent to him electronically.
3.8 If no other agreements have been made regarding the hotel services, a deposit of 80% of the expected invoice amount shall be paid.
3.9 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.
3.10 In the event that a visitor's tax, tourist tax or cultural promotion tax ("bed tax") or comparable taxes are levied, such taxes shall be paid separately by the guest in accordance with the applicable terms and conditions.
3.11 All payments are due in euros. The hotel is entitled to reject foreign currency, cheques and credit cards. A commission compensation of 10% shall be charged on expenses and third-party services when settled by credit cards.
3.12 The customer shall reimburse the hotel with reminder costs of € 5.00 for each reminder sent after default has occurred. The customer shall be free to prove that no costs or only significantly lower costs were incurred. In the case of customers who are not consumers, the hotel may instead also assert the claim under Section 288 (5) of the German Civil Code (BGB).
3.13 A processing fee of € 80.00 may be charged for rebookings by the customer.
This handling fee applies exclusively to individual hotel accommodation. Private or business events are excluded from this.
3.14 Commission claims must be made to the hotel within 30 days. Should this deadline not be met, any commission claims shall be forfeited.
4 Cancellation by the customer (cancellation, cancellation insurance)
4.1 In the case of a booked package tour, the customer may withdraw from the contract in writing at any time in accordance with the conditions set out below. In this case, or if the customer does not commence the tour, the hotel shall lose its claim to the tour price and may instead demand reasonable compensation, insofar as the hotel is not responsible for the withdrawal or unavoidable, extraordinary circumstances arise which significantly impair the performance of the contract. Circumstances are unavoidable, extraordinary if they are beyond the control of the hotel and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.2 The amount of the aforementioned compensation in the case of package tours shall be determined on the basis of the price less the expenses saved by the hotel as well as less what is acquired through other utilisation of the travel service. The hotel has determined the following compensation lump sums taking into account the period of time between the declaration of cancellation and the start of the journey as well as taking into account the expected savings of expenses and the expected acquisition through other use of the travel service.
The resulting compensations are calculated as follows:
For package tours as well as room and holiday home reservations and events:
• Up to the 40th day before the agreed day of arrival/event 30 % of the service price (accommodation and arrangement).
• From the 39th day to 30 days before the agreed day of arrival/event 50% of the service price (accommodation and arrangement)
• From the 29th day until 20 days before the agreed date of arrival/event 80 % of the service price (accommodation and arrangement)
• From the 19th day until the agreed day of arrival/event 95 % of the rental service price as well as 75 % of any booked arrangement amounts of the service price (accommodation and arrangement).
• Cancellation free of charge for room and holiday home reservations in combination with an event is possible as follows:
• A maximum of 20 % of the originally agreed guest rooms can be cancelled free of charge up to 30 days before the arrival date.
• A maximum of 10 % of the originally agreed guest rooms up to 7 days before the arrival date.
Event-related hotel services can be cancelled free of charge upon written notification as described below:
• Maximum 20% of the originally agreed hotel services up to 30 days before the start of the event.
• A maximum of 10% of the originally agreed hotel services or the remaining hotel services after prior cancellations up to (7) days before the start of the event;
4.3 No-shows without prior cancellation will be charged at 100%.
4.4 The cancellation conditions apply to the originally booked scope of services.
4.5 The customer shall in any case be entitled to prove that the reasonable compensation to which the hotel is entitled is lower than requested.
4.6 The hotel reserves the right to claim a higher, individually calculated compensation instead of the above compensation lump sums, insofar as it can prove that it has incurred significantly higher expenses than the aforementioned compensation lump sum.
4.7 The customer's statutory right to demand that the hotel subrogate a third party to the rights and obligations arising from the package travel contract in accordance with Section 651 e of the German Civil Code (BGB) shall remain unaffected by the above conditions. Such a declaration shall be made to the hotel at least 7 days before the start of the tour.
4.8 If a customer wishes to terminate the contract/package tour contract due to a travel defect of the kind described in Section 651 i (2) of the German Civil Code (BGB), insofar as it is substantial, in accordance with Section 651 l of the German Civil Code (BGB), the customer must first set the hotel a reasonable deadline for remedial action. This shall not apply only if the remedy is refused or if it is necessary for the remedy.
4.9 The hotel recommends taking out travel cancellation insurance with its contractual partner, Hanse Merkur Reiseversicherung AG, which must be taken out immediately, but no later than 30 days before the day of arrival/event. If there are less than 30 days between the booking and the start of the journey, the travel insurance must be taken out at the latest on the 3rd working day after the booking of the journey.
5 Cancellation by the hotel
5.1 If the customer's right to withdraw from the contract within a certain period has been agreed in writing, the hotel shall be entitled for its part to withdraw from the contract within this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
5.2 If an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with a warning of refusal, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel shall be entitled to withdraw from the contract if unavoidable, extraordinary circumstances make the performance of the contract impossible; rooms have been booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose, or the hotel has reasonable cause to believe that the use of the hotel services may jeopardise the smooth operation of the business, the security or the reputation of the hotel in the public, without this being attributable to the hotel's sphere of control or organisation.
5.4 If, in the case of an individual service booking, an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with a threat of refusal, the hotel shall also be entitled to withdraw from the contract. Claims for damages by the hotel shall remain unaffected in this case.
5.5 The hotel is entitled to withdraw from the contract in the case of a single service booking and here in the case of extraordinary and unavoidable circumstances. Such circumstances shall be deemed to exist in particular in the event of force majeure, industrial action, a pandemic or unavoidable legal/official measures which do not have to be enacted by individual decree vis-à-vis the hotel. double
5.6 A claim for damages by the customer is excluded in the event of justified withdrawal by the hotel.
6. Provision, handover, return of premises
6.1 The customer shall not acquire any claim to the provision of specific rooms/premises unless this has been expressly agreed.
6.2 Booked rooms shall be available to the customer from 14:00 hrs hotel / 16:00 hrs holiday home. They must be vacated
be vacated by 10:00 a.m. at the latest on the day of departure. In the event of a later departure after 10:00 a.m., the hotel reserves the right to claim additional costs.
6.3 Unless a later arrival time has been expressly agreed, the hotel has the right to assign booked rooms to other parties after 6:00 p.m. without the customer being able to derive any claim from this.
6.4 The hotel has exclusively non-smoking rooms. It is therefore prohibited to smoke in the public areas as well as in these guest rooms. The hotel has partially set up separate locations for smoking. In the event of a violation, the hotel has the right to demand an amount of € 150.00 from the guest as compensation for the separate cleaning costs to be incurred, including any loss of revenue from the room not being able to be rented out as a result. This amount of damages shall be set higher or lower if the hotel proves a higher damage or the customer proves a lower damage.
6.5 The customer has no right to change the date of travel, the place of travel or similar after conclusion of the contract (rebooking). In the case of package tours, this does not apply if the rebooking is necessary because the hotel has provided no, insufficient or incorrect pre-contractual information to the customer pursuant to Article 250 § 3 EGBGB; in this case, the rebooking is possible free of charge.
6.6 If, in the case of a package tour, the customer does not make use of individual travel services which the hotel was willing and able to provide in accordance with the contract for reasons attributable to the customer, the customer shall not be entitled to a pro rata refund of the travel price insofar as such reasons would not have entitled the customer to withdraw from or terminate the travel contract free of charge in accordance with the statutory provisions. The hotel shall endeavour to obtain reimbursement of the expenses saved by the service providers. This obligation shall not apply if the expenses are completely insignificant.
7. Liability of the hotel
7.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, the hotel shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of duties typical for the contract by the hotel. Typical contractual obligations are those obligations that make the proper performance of the contract possible in the first place and on the performance of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this clause 7.
7.2 In the case of package tours, the hotel's liability for such damages shall be limited to three times the tour price which are not bodily injuries and were not culpably caused. Possible further claims under international agreements or statutory provisions based on such agreements shall remain unaffected by this limitation.
7.3 Items left behind by the customer shall only be forwarded at the customer's request, expense and risk. The hotel shall keep the items for 6 months and charge a reasonable fee.
7.4 Insofar as a parking space is made available to the customer in the hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and their contents, except in the case of intent or gross negligence. This also applies to vicarious agents of the hotel.
7.5 Wake-up calls shall be carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
7.6 Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment. Claims for damages, except for gross negligence or intent, are excluded.
7.7 The hotel shall be liable for items brought in by the customer in accordance with the statutory provisions. It is recommended to use the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a total value of more than € 1,000.00 or other items with a total value of more than € 3,500.00, a separate storage agreement must be made with the hotel.
7.8 The hotel shall not be liable for service disruptions, personal injury and property damage that have occurred in connection with third-party services merely arranged by the hotel. A further prerequisite for an exclusion of liability is that these services have been expressly and clearly identified, stating the identity and address of the contractual partner providing the external service, in such a way that they are recognisably not part of the package tour for the customer and have been selected separately. Sections 651 b, 651 c, 651 w and 651 y of the German Civil Code (BGB) shall remain unaffected thereby. However, the hotel shall be liable if and to the extent that the customer's damage was caused by a breach of its duties to inform, explain and organise.
7.9 A surcharge shall be levied for third-party services which are arranged or charged by the hotel. This does not constitute a liability of the hotel for the services of third parties and consequently does not exist.
7.10 The hotel shall provide free transportation of persons and luggage only in the event of a request, but without obligation. Liability for personal injury and damage to property is limited to the settlement obligation under the statutory motor insurance. Liability for loss of luggage and delays in transport is excluded in full. However, the hotel expressly reserves the right to offer transport services such as luggage service, shuttle service etc. against payment.
8. Assertion of claims/information on consumer dispute resolution
8.1 The customer must assert claims against the hotel in accordance with §§ 651 i Para. 3 No. 2, 4 - 7 BGB.
8.2 With regard to the Consumer Dispute Resolution Act, the hotel points out that it does not participate in voluntary consumer dispute resolution.
9. Special terms and conditions for events
9.1 These special terms and conditions relating to Clause 9 shall apply to contracts for the provision against payment of conference, banquet, event rooms and other premises of the Hotel for the holding of events of all kinds as well as to all further services and deliveries in connection therewith and shall modify the other general terms and conditions of the Hotel. In the event that no modified provisions regarding events have been made in respect of this Clause 9, the provisions of the Hotel's other General Terms and Conditions shall apply.
9.2 As the event organiser, the customer shall be responsible for obtaining any official permits/authorisations that may be necessary for the staging of the event in good time at his own initiative and at his own expense and for paying any fees and costs (GEMA, etc.) directly to the requesting authority. He shall also be responsible for compliance with the conditions following these permits/approvals as well as for observance of all other regulations under public law in connection with the event; this shall also apply if the rights of third parties, e.g. copyrights, are affected in the course of the event. Should claims nevertheless be asserted against the hotel, the customer shall indemnify the hotel against the claimants.
9.3 The customer is obligated to inform the hotel, without being requested to do so, no later than upon conclusion of the contract, if the event, due to its political, religious or other character, is likely to endanger the smooth operation of the business, the safety or the reputation of the hotel in the public.
9.4 Newspaper advertisements, public or political invitations and sales events require the express prior written consent of the hotel. The hotel shall have the right to cancel the event if the publication impairs essential interests of the hotel, but also the interests of the entire van der Valk Hotel Group, or if the hotel has reasonable grounds to assume that the event threatens to jeopardise the smooth operation of the business, the safety or the reputation of the hotel or company, including other business partners and guests. Even serious concern shall justify the hotel's right to cancel the event. Customers shall not be entitled to any claims for damages as a result thereof.
9.5 If fewer participants than those indicated by the customer in the booking take part in the event, the customer shall not be entitled to reduce the agreed event price. If the number of participants is greater than the agreed number of participants, the hotel shall be entitled to invoice according to the actual number of participants.
9.6 The hotel expressly reserves the right to make changes to the room, in particular due to a different number of participants, insofar as this is reasonable for the customer, taking into account their interests.
9.7 Insofar as the hotel procures technical or other equipment from third parties for the customer, it shall act on behalf and for the account of the customer. The customer shall be liable for the careful handling and proper return of such equipment. He shall indemnify the hotel against all claims of third parties arising from the provision of such facilities or from the corresponding agency.
9.8 If the agreed start and end times of the event change, the hotel shall be entitled to charge additional costs for the provision of services.
9.9 The customer may bring food and beverages and make them available to the participants only with the hotel's prior express written consent. In this case, however, a service fee shall be charged.
9.10 For events which continue beyond midnight, the hotel may, unless otherwise agreed, invoice on the basis of itemised bills; unless the agreed remuneration already takes into account a period of time beyond midnight.
9.11 Special services which become useless as a result of the cancellation shall be remunerated in any case.
9.12 The Client shall be liable for any loss or damage caused by him/herself, his/her employees, other auxiliary staff and the event participants. It shall be incumbent upon the customer to take out appropriate insurance, if necessary, and to present proof thereof at the hotel's request.
9.13 In order to prevent damage, the attachment of decorative material or other objects shall be permitted only with the Hotel's written consent. Such material shall be removed immediately after the end of the event.
10 Data protection
The personal data specified in the contract, in particular name, address, telephone number, bank details, which are necessary and required solely for the purpose of implementing the contractual relationship arising, shall be collected on the basis of statutory authorisations. For any further use of the personal data and the collection of additional information, the consent of the person concerned is regularly required. In addition, the hotel's separate data protection provisions shall apply.
11 Final Provisions
11.1 Should individual provisions of the contract established between the hotel and the customer and/or the above General Terms and Conditions or parts thereof be or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions or the contract and the conditions as a whole. The invalid or unenforceable provisions shall be replaced by the parties with valid and enforceable provisions which are equivalent or as close as possible to the invalid or unenforceable provisions and which correspond as closely as possible to the economic purpose intended by the parties with the invalid or unenforceable provisions. The same shall apply in the event of an unintended loophole.
11.2 Amendments or supplements to the contract, the acceptance of the application or these Terms and Conditions for Hotel Accommodation shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
11.3 The place of performance and payment in commercial transactions is Linstow.
11.4 In commercial transactions - including cheque disputes - Linstow shall be the exclusive place of jurisdiction; however, the hotel may, at its option, also sue the customer at the location of the respective hotel or at the customer's registered office. The same shall apply if the customer meets the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany.
11.5 The use or naming of the hotel and the affiliated business units in connection with promotional measures of the business partner requires the written consent of the management.
11.6 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
VERSION April 2021