1. Scope of application
1.1 These terms and conditions apply to all services of the hotel, in particular for the rental of hotel rooms, conference and banquet rooms, other premises and items, as well as for all other services and deliveries provided by the hotel to the customer in this context (hereinafter also comprehensively: hotel services).
1.2 Any terms and conditions of the customer will not be recognized.
1.3    Subletting or re-letting as well as any other use of the premises for accommodation purposes require the prior consent of the hotel in text form. If the customer is not a consumer, § 540 para. 1 sentence 2 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 When booking only a hotel room or another individual hotel service (single service booking), the contract is concluded with the acceptance of the booking request by the hotel. Acceptance can be informal, in particular verbally or by telephone. A subsequent booking notification from the hotel in written or text form merely confirms the conclusion of the contract.
2.3 When booking a combination of at least two different types of travel services for the purpose of the same trip (package tour), the contract is concluded through the payment of the deposit specified in the confirmation letter by the customer or by providing the customer's credit card number. Any discrepancies must be reported to the hotel no later than 14 days after receipt of the contract. For short-term bookings up to 4 weeks before arrival, confirmation occurs through the customer's signature or full payment of the service amount. For group bookings or conferences and events, the contract is concluded through the customer's written confirmation of the offer.

3. Services, Prices, Payment, Offsetting
3.1 The hotel is obligated to provide the hotel services booked by the customer. If the ordered rooms and/or premises are not available for any reason, the hotel is entitled and obliged to provide an equivalent substitute.
3.2    The customer is obligated to pay the agreed/upon applicable price of the hotel for the booked hotel services. This also applies to services and expenses of the hotel for third parties initiated by the customer.
3.3 The hotel can unilaterally increase the price if the price increase results directly from an occurrence after the conclusion of the contract
a) Increase in the price for the transportation of people due to higher costs for fuel or other energy carriers,
b) Increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or
c) Change of 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 no later than 20 days before the start of the trip. The hotel will clearly and understandably inform the customer of the price increase and its reasons on a durable medium and will communicate the calculation of the price increase. In turn, the customer can demand a reduction in the travel price if and insofar as the circumstances and facts that have become the basis of the contract have changed after the conclusion of the contract and before the start of the trip, leading to lower costs for the hotel. If the customer has paid more than the amount owed as a result, the hotel is obliged to reimburse the excess amount. However, it may deduct the actual administrative expenses incurred from the excess amount to be refunded. If the price increase mentioned in the contract according to § 651 f Abs. 1 BGB exceeds 8% of the travel price, the hotel can offer the customer a corresponding price increase and demand that the customer either accept the offer of the price increase within a reasonable period set by the hotel or declare a withdrawal from the contract. If the customer does not respond or does not respond within the set period, the communicated price increase is considered accepted. The customer must be informed of this in a clear, understandable, and prominent manner in the aforementioned declaration of the price increase.
3.5 The prices can furthermore be changed by the hotel if the customer subsequently wishes to change the number of booked rooms, the services of the hotel, or the length of stay of the guests and the hotel agrees to this.
3.6 Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deductions. The hotel is entitled to declare accrued claims due at any time and demand immediate payment. In the event of payment default, the hotel is entitled to charge interest at 9% points above the respective base interest rate or the corresponding successor rate of the European Central Bank. The customer retains the right to provide evidence of a lower damage, and the hotel a higher damage.
3.7 By providing an email address, the customer agrees that the invoice can be sent to them electronically.
3.8 If no other agreements have been made regarding hotel services, a deposit of 80% of the expected invoice amount is to be paid.
3.9    The customer can only offset or settle a claim of the hotel with an undisputed or legally binding claim.
3.10 In the event of a tourist tax, visitor's tax, or cultural promotion levy ("bed tax") or comparable charges being levied, these are to be paid separately by the guest in accordance with the applicable conditions.
3.11 All payments are due in euros. The hotel is entitled to refuse foreign currencies, checks, and credit cards. A commission adjustment of 10% is charged on expenses and third-party services when settled by credit card.
3.12 For each reminder after the occurrence of default, the customer must reimburse the hotel for reminder costs in the amount of 5.00 €. The customer is free to prove that no or only significantly lower costs were incurred. For customers who are not consumers, the hotel may alternatively assert the claim pursuant to § 288 paragraph 5 BGB.
3.13 For rebookings by the customer, a processing fee of 20.00 € may be charged. This processing fee applies exclusively to individual hotel stays. Private or business events are exempt from this.
3.14 Commission claims must be submitted to the hotel within 30 days. If this deadline is not met, all commission claims will lapse.

4.    Cancellation by the customer (cancellation, cancellation insurance)
4.1    For a booked package holiday, the customer can withdraw from the contract at any time in writing under the conditions described below. In this case, or if the customer does not start the trip, the hotel loses its claim to the travel price and can instead demand reasonable compensation, unless the withdrawal is the hotel's responsibility or unavoidable, extraordinary circumstances occur that significantly impair the fulfillment of the contract. Circumstances are considered unavoidable and extraordinary if they are beyond the hotel's control and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.2    The amount of the aforementioned compensation for package tours is determined by the price less the expenses saved by the hotel and less what is acquired through other utilization of the travel service. The hotel has determined the following compensation allowances considering the period between the withdrawal declaration and the start of the trip, as well as taking into account the expected savings in expenses and the expected earnings from alternative use of the travel service.
The resulting compensations are calculated as follows:

The following conditions apply to room reservations for fewer than 9 rooms.
Individual reservations:                  
5-8 rooms     10 days free of charge before                            
2-4 rooms     5 days free of charge before                              
1 room        2 days in advance free of charge                              

For package tours and arrangement reservations under 9 rooms:
5-8 rooms     21 days beforehand free of charge
2-4 rooms     Free of charge 12 days in advance
1 room          7 days free of charge before
After the free cancellation period has expired, the rooms will be charged at 90%.

4.3         For room reservations and package tours  between 9 and 25 rooms the following conditions apply: (outside of trade fair periods)
For a number of rooms from 9-25:
•    After signing the contract until the 4th month before the agreed arrival date, we charge 10% of the service price;
•    Between the 4th month and up to the 2nd month before the agreed arrival day, we charge 20% of the service price;
•    Between the 2nd month and up to 1 month before the agreed arrival day, we charge 50% of the service price;
•    Between the 1st month and up to the 14th day before the agreed arrival date, we charge 80% of the service price;
•    Between the 14th day and up to the arrival day, we charge 90% of the service price.

4.4         For room reservations and package tours between 26 and 60 rooms, the following conditions apply:
•    After signing the contract until the 8th month before the agreed arrival day, we charge 10% of the  Power price;
•    Between the 8th month and up to the 4th month before the agreed arrival day, we charge 20% of the  Performance price;
•    Between the 4th month and up to 2 months before the agreed arrival day, we charge 50% of the service price;
•    Between the 2nd month and up to the 1st month before the agreed arrival day, we charge 80% of the service price;
•    Between the 1st month and the agreed arrival day, we charge 90% of the service price;

4.5         For room reservations and package tours starting from 61 rooms, the following conditions apply:
•    After signing the contract until the 12th month before the agreed arrival date, we charge 10% of the service price;
•    Between the 12th month and up to the 8th month before the agreed arrival date, we charge 20% of the service price;
•    Between the 8th month and up to the 4th month before the agreed arrival day, we charge 50% of the service price;
•    Between the 4th month and up to the 2nd month before the agreed arrival day, we charge 80% of the service price;
•    Between the 2nd month and up to the arrival day before the agreed arrival day, we charge 90% of the  Performance price

4.6         For events including or excluding rooms:
•    After signing the contract until the 12th month before the agreed arrival/event day, we charge 20% of the service price;
•    Between the 12th month and up to the 6th month before the agreed arrival/event day, we charge you 40% of the service price;
•    Between the 6th month and up to the 3rd month before the agreed arrival/event date, we charge you 60% of the service price;
•    Between the 3rd month and up to the 1st month before the agreed arrival/event day, we will charge you 80% of the service price;
•    Between the 1st month and up to the agreed arrival/event day, we will charge you 90% of the service price.
Should no performance price be set in advance, the minimum menu price of €39.50 applies.  per person.
4.7    Non-arrivals = No shows without prior cancellation will be charged 100%.
4.8    The cancellation conditions apply to the originally booked service scope.
4.9    The customer is in any case permitted to prove that the reasonable compensation due to the hotel is lower than demanded.
4.10    The hotel reserves the right to demand a higher, individually calculated compensation instead of the flat-rate compensation, provided that the hotel can prove that significantly higher expenses than the mentioned flat-rate compensation have been incurred.
4.11    The customer's statutory right, according to § 651 e BGB, to demand from the hotel that instead of him, a third party enters into the rights and obligations of the package travel contract, remains unaffected by the aforementioned conditions. Such a declaration must be made to the hotel at least 7 days before the start of the trip.
4.12    If a customer wants to terminate the contract/package travel contract due to a travel defect of the type specified in § 651 i paragraph 2 BGB, provided it is significant, according to § 651 l BGB, they must first set the hotel a reasonable deadline for remedy. This does not apply if the remedy is refused or if it is necessary for the remedy.


5. Hotel Cancellation
5.1 If a customer's right to withdraw within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if requests from other customers for the contractually booked rooms are received and the customer does not waive their right to withdraw upon the hotel's inquiry.
5.2 If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a warning of refusal, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract if unavoidable, exceptional circumstances make the fulfillment of the contract impossible; rooms were booked under misleading or false representation of essential facts, e.g., regarding the person of the customer or the purpose, or if the hotel has justified reasons to believe that the use of the hotel services could endanger the smooth business operation, safety, or reputation of the hotel in public, without it being attributable to the hotel's domain of control or organization.
5.4 If an agreed advance payment for an individual service booking is not made even after the expiration of a reasonable grace period set by the hotel with a threat of rejection, the hotel is also entitled to withdraw from the contract. Claims for damages by the hotel remain unaffected in this case.
5.5 The hotel is entitled to withdraw from the contract in the case of a booking of individual services and in the event of extraordinary and unavoidable circumstances. Such circumstances are particularly given in cases of force majeure, labor dispute measures, a pandemic, or unavoidable legal/administrative measures, which do not have to be issued to the hotel by individual order.
5.6 A claim for damages by the customer is excluded in the event of justified withdrawal of the hotel.
6.    Provision, Handover, Return of Premises
6.1    The customer does not acquire a claim to the provision of specific rooms/premises, unless this has been expressly agreed upon.
6.2 Booked rooms are available to the customer from 2:00 PM. They must be vacated by 10:00 AM on the day of departure. In the event of a later departure after 10:00 AM, 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 allocate booked rooms to others after 6:00 PM without the customer deriving any claim from this.
6.4 The hotel offers only non-smoking rooms. Therefore, smoking is prohibited both in the public areas and in these guest rooms. The hotel has set up separate locations for smoking in some areas. In the event of a violation, the hotel has the right to charge the guest a compensation amount of 150.00 € for the additional cleaning costs incurred, including any potential loss of revenue from the inability to rent out the room. This compensation amount can be adjusted higher or lower if the hotel proves a higher or the customer a lower damage.
6.5 A customer's claim for changes after the conclusion of the contract regarding the travel date, location, or similar does not exist (rebooking). For package tours, this does not apply if rebooking is necessary because the hotel provided no, insufficient, or incorrect pre-contractual information to the customer pursuant to Article 250 § 3 EGBGB; in this case, rebooking is possible free of charge.
6.6 If the customer does not make use of certain travel services in a package tour, which the hotel was ready and able to provide in accordance with the contract, for reasons attributable to the customer, they have no claim for partial reimbursement of the travel price, unless such reasons would have entitled them to a free cancellation or termination of the travel contract under the legal provisions. The hotel will make efforts to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the expenses are completely insignificant.

7. Liability of the Hotel
7.1 The hotel is liable for damages it is responsible for due to injury to life, body, or health. Furthermore, the hotel is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel and for damages that are based on an intentional or negligent breach of contractual obligations typical to the hotel. Contractual obligations typical to the hotel are those obligations that make proper execution of the contract possible and on which the customer relies and should be able to rely. A breach of duty by the hotel is equivalent to one by a legal representative or a vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this section 7.
7.2 For package tours, the hotel's liability for such damages is limited to three times the travel price, provided they are not bodily injuries and were not caused by fault. Possible claims exceeding this according to international agreements or legal regulations based on them remain unaffected by the limitation.
7.3 Items left behind by the customer will only be forwarded upon request, at the customer's expense and risk. The hotel keeps the items for 6 months and charges a reasonable fee.
7.4 Insofar as the customer is provided with a parking space in the hotel parking lot, even for a fee, this does not constitute a contract of safe custody. The hotel is not liable for the loss of or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, except in cases of intent or gross negligence. This also applies to the hotel’s vicarious agents.
7.5 Wake-up calls are 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 shipments for guests are handled with care. The hotel takes care of delivery, storage, and—upon request—forwards the same for a fee. Claims for damages, except in cases of gross negligence or intent, are excluded.
7.7 The hotel is liable for items brought by the customer according to legal provisions. It is recommended to use the hotel or room safe. If the customer wants to bring 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 is not liable for any service disruptions, personal injury, or property damage that occur in connection with third-party services merely arranged by the hotel. A further condition for exclusion of liability is that these services were expressly and clearly identified with the identity and address of the contracting party providing the third-party service, in such a way that it is recognizable to the customer that they are not part of the package deal and were selected separately. Sections 651 b, 651 c, 651 w, and 651 y of the German Civil Code (BGB) remain unaffected. However, the hotel is liable if and to the extent that a breach of information, clarification, and organizational duties was the cause of damage to the customer.
7.9 A surcharge is applied to external services arranged or billed by the hotel. This does not establish liability for the hotel regarding the services of third parties and thus does not exist.
7.10 The hotel will, upon request but not binding, provide complimentary transportation for persons and luggage. Liability for personal and property damage is limited to the regulatory obligation from the statutory motor vehicle insurance. Liability is fully excluded for loss of luggage and transport delays. However, the hotel explicitly reserves the right to offer transport services such as luggage service, shuttle service, etc., for a fee.

8. Assertion of Claims/Information on Consumer Dispute Resolution
8.1 Claims pursuant to §§ 651 i para. 3 nos. 2, 4 - 7 BGB are to be asserted by the customer against the hotel.
8.2 The hotel indicates with regard to the Consumer Dispute Settlement Act that they do not participate in voluntary consumer dispute resolution.

9. Special Notes for Events
9.1 These special terms and conditions in clause 9 apply to contracts for the rental of conference, banquet, event rooms, and other hotel premises for events of all kinds, as well as all related services and deliveries, and modify the other general terms and conditions of the hotel. If no modified regulations regarding events are made for this clause 9, the provisions of the other general terms and conditions of the hotel shall apply.
9.2 It is the customer's responsibility as the organizer to timely obtain all necessary official permits/licenses for the execution of the event on their own initiative and at their own expense, and to directly pay any incurred fees and costs (e.g., GEMA) to the requesting authority. It is further their responsibility to comply with the conditions following these permits/licenses and to observe all other public regulations in connection with the event, even if this affects the rights of third parties, such as copyrights, during the execution of the event. Should any claims be made against the hotel nonetheless, the customer shall indemnify the hotel against the claimants.
9.3 The customer is obligated to inform the hotel without being asked, at the latest upon the conclusion of the contract, if the event is likely to endanger the smooth operation, safety, or reputation of the hotel in public due to its political, religious, or other character.
9.4 Newspaper advertisements, public or political invitations, as well as sales events require the express prior written consent of the hotel. The hotel has the right to cancel the event if the publication affects the 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 believe that the event threatens to disrupt smooth business operations, safety, or the reputation of the house or company, as well as other business partners and guests. Even serious concerns justify the hotel's right to cancel the event. No damage claims arise for customers from this.
9.5    If fewer participants than those specified by the customer during the booking take part in the event, the customer is not entitled to reduce the agreed event price. If the number of participants is greater than the agreed number, the hotel is entitled to charge according to the actual number of participants.
9.6 Changes to the room, especially due to a different number of participants, are expressly reserved by the hotel, insofar as this is reasonable for the customer, taking their interests into account.
9.7 Insofar as the hotel procures technical or other facilities from third parties for the customer, it acts in the name and on the account of the customer. The customer is liable for the careful handling and proper return of these facilities. He indemnifies the hotel from all third-party claims arising from the provision of these facilities or the corresponding business transaction.
9.8 If the agreed start and end times of the event change, the hotel is entitled to charge additional costs for standby services.
9.9 The customer may only bring food and beverages and provide them to the participants with the prior express written consent of the hotel. In this case, a service fee will be charged.
For events that continue past midnight, the hotel may, unless otherwise agreed, make an invoice based on individual evidence; unless the agreed fee already accounts for a period beyond midnight.
9.11 Special services that become useless as a result of the cancellation must be compensated in any case.
9.12 The customer is liable for losses or damages caused by themselves, their employees, other assistants, as well as by event participants. It is the customer's responsibility to take out appropriate insurance, if necessary, and to provide proof of this to the hotel upon request.
9.13 To prevent damage, affixing decorative materials or other items is only permitted with the written consent of the hotel. This material must be removed immediately after the event ends.

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 executing the contractual relationship arising, are collected on the basis of statutory authorizations. Any further use of the personal data and the collection of additional information regularly requires the consent of the data subject. Additionally, the hotel's separate data protection provisions apply.

11. Final Provisions
11.1 If individual provisions of the contract established between the hotel and the customer and/or the aforementioned General Terms and Conditions, or parts thereof, are or become invalid or unenforceable, the validity and enforceability of the remaining provisions as well as the contract and the conditions as a whole shall not be affected. The invalid or unenforceable provisions shall be replaced by the parties with valid and enforceable provisions that are equivalent to or come as close as possible to the invalid or unenforceable provisions and correspond as closely as possible to the economic purpose pursued by the parties with the invalid or unenforceable provisions. The same applies in the event of an unintentional gap in the regulations.
11.2 Changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation shall be made in text form. Unilateral changes or additions by the customer are ineffective.
11.3    Place of performance and payment in commercial transactions is Wittenburg.
11.4    In commercial transactions – also in check disputes – Wittenburg is the exclusive place of jurisdiction; however, the hotel may also choose to sue the customer at the location of the respective hotel or at the customer's place of business. The same applies if the customer meets the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction domestically.
11.5 The use or mention of the hotel and the connected business units in conjunction with the advertising measures of the business partner requires the written approval of the management.
11.6    German law applies to the exclusion of the UN Sales Convention.

VERSION April 2021