General Terms and Conditions for Hotel Accommodation Contracts
Section 1 Scope of Applicability
1. These general terms and conditions apply to all services rendered by Kahlke-Schneider GmbH & Co. KG (hereafter: “Hotel”) to the guest, the organiser or other contracting parties (hereafter: “Contracting Party”). The services primarily take the form of the provision for use of hotel rooms, restaurant, bar, banqueting rooms, spa facilities and other facilities for a fee, also the sale of food and drink (F&B), the holding of sports events and other programmes, the implementation of special health-promoting measures or comparable services, in addition to all further goods and services rendered by the hotel in this context. The hotel is also entitled to fulfil its services through third parties.
2. These general terms and conditions refer to all contract types, for example, hotel accommodation contracts, package holiday contracts, group room contracts or event contracts, which are entered into with the hotel. The general terms and conditions also apply to all future business with the Contracting Party.
3. These general terms and conditions apply exclusively. General terms and conditions of the Contracting Party are only applicable if this has been agreed in writing in advance.
Section 2 Conclusion of Contract and Contracting Party
1. The respective contract is concluded in principle following the verbal or written request from the Contracting Party and the acceptance of such by the hotel. The hotel is at liberty to accept the request in writing, verbally, in text form (e-mail, fax) or conclusively through the provision of services.
2. If the Contracting Party enters into a so-called “group room contract”, the Contracting Party is liable for all damage culpably caused by the end user.
3. The Contracting Parties are the hotel and the customer who is using services provided by the hotel. If a third party (e.g. commercial agent or organiser) has carried out the reservation for the guest, then the third party is liable to the hotel as a purchaser together with the guest as codebtors for all contractual obligations, provided that the purchaser provides a corresponding declaration to the hotel. Notwithstanding the above, every purchaser is obligated to pass on all information relevant to the booking, in particular these general terms and conditions, to the guest.
4. The subletting and reletting or the free use of the allocated hotel rooms, facilities, areas or display cabinets by third parties, as well as the use for purposes other than those set out in the contract, requires the prior written consent of the hotel.
Section 3 Provision of Service, Compliance with House Rules, Prices, Payment, Set-off and Assignment
1. The hotel is obligated to provide the services agreed in writing with the Contracting Party.
2. The Contracting Party is obligated to adhere to the stipulations of the general terms and conditions, house rules and bathing regulations.
3. The Contracting Party is obligated to pay the hotel the applicable or agreed room rental price and for other services which the Contracting Party has used. This also applies to services ordered by the Contracting Party directly or via the hotel, which are provided by third parties and paid for in advance by the hotel. This also applies in particular to claims asserted by copyright collectives.
4. The prices of the respective services are determined in accordance with the hotel’s price list which was applicable at the time of the service provision or the price agreed in the contract. All prices are quoted inclusive of the corresponding statutory VAT. Public charges, such as health resort taxes, are not included. The Contracting Party must additionally bear such charges. The respective amounts will be billed separately to the Contracting Party. Increases in VAT or local taxes as well as charges and the new introduction thereof, shall be borne by the Contracting Party. In the event that the period between the conclusion of the contract and the commencement of the contractual service exceeds one month and the statutory VAT or local taxes and charges that arise are increased following the conclusion of the contract, the hotel reserves the right to increase the agreed prices by the corresponding amount. Subsequent changes to services may result in price changes.
5. The hotel can demand an increase in price for the rooms and/or for other hotel services as a condition for consenting to a guest request following conclusion of the contract to reduce the number of rooms reserved, the number of people attending events etc., the services provided by the hotel or the length of the guest’s stay.
6. Invoices for services within the framework of the Hotel Accommodation Contract, F&B services and pre-booked services for health-promoting measures etc. are, in general, payable immediately (on departure) in cash or by EC/Maestro card or credit card (MasterCard and Visa). The hotel is entitled to decline foreign currencies, cheques and credit cards. Vouchers from tour operators shall only be accepted if a credit agreement exists with the company in question or if corresponding advance payments are made. Reimbursement for services not used is excluded.
7. Hotel invoices not stating a due date are generally payable without deduction within ten days of receipt. An invoice shall be deemed to have been received by the invoice recipient three days after being sent at the latest, provided that earlier delivery cannot be demonstrated. The hotel can demand the immediate payment of outstanding debts from the Contracting Party at any time. In the event of late payment, the hotel is entitled to demand the relevant applicable statutory default interest. Furthermore, the hotel is entitled to suspend all further services for the Contracting Party if the hotel has previously issued the Contracting Party with a reminder of the deadline and threatened the suspension of future services in the event of late payment. For each reminder after the default has occurred, the hotel can levy a dunning charge of EUR 5. All further (collection) costs that arise shall be borne by the Contracting Party.
8. The issuance of a collective invoice does not absolve from the timely payment of single invoices. Also, a default in payment even in relation to a single invoice entitles the hotel to withhold all further and future services and to make the fulfillment of services contingent upon a reasonable security deposit of the outstanding payment. The hotel is entitled to decline foreign currencies, cheques and credit cards.
9. The hotel is entitled to demand from the Contracting Party, on conclusion of an agreement, a reasonable advance payment or security deposit e.g. in the form of a credit card guarantee. The hotel is entitled to decline foreign currencies, cheques and credit cards. The amount of the advance payment and the payment deadlines can be agreed in writing in the contract. For stays of over one week or charges of over EUR 1,000 for services already provided, the hotel can also issue interim invoices which are immediately payable. For reservations at the advance purchase rate, advance payment in full is required. The credit card submitted during the reservation process will be charged immediately following the reservation or the Contracting Party will be requested to make a transfer. The advance purchase rate cannot be cancelled.
10. The hotel is entitled to demand from the Contracting Party on arrival a security in the form of a credit card guarantee or advance payment of EUR 50 per day per room and a total of up to EUR 250 for services which go beyond the overnight stay. The amount will be reserved for the hotel on the Contracting Party’s credit card.
11. Where justified, e.g. if the guest is in arrears with payment or in the event of the extension of the scope of the contract, the hotel is entitled, also following conclusion of the contract until the commencement of the stay, to demand an advance payment or security deposit in the sense of the preceding Paragraph 9 or to increase the advance payment or security deposit agreed in the contract up to the total agreed remuneration. Furthermore, the hotel is entitled, at the start of and during the stay, to demand from the guest a reasonable advance payment or security deposit in the sense of the preceding Paragraph 9 for existing and future contractual charges, insofar as such has not already been made in accordance with the preceding Paragraph 9.
12. The Contracting Party shall only be entitled to offset against amounts due to the hotel if the relevant claim is undisputed or has been finally determined by the courts. This shall apply correspondingly to the exercise of a right of retention due to the Contracting Party’s own claims. Claims and other rights may only be assigned with the written agreement of the hotel.
13. If the Contracting Party uses a credit card without presenting this in person (e.g. over the telephone, internet etc.) for the payment of hotel services subject to an advance payment requirement (e.g. general reservations with advance payment, guaranteed booking or vouchers), the Contracting Party is not entitled to cancel its agreement with its credit card company in relation to this payment in the context of the agreement with the hotel.
Section 4 Events
1. In order to enable careful planning on the part of the hotel, the Contracting Party must inform the hotel of the final number of participants by seven days before the start of the event at the latest. If the Contracting Party communicates a higher number of participants than that which was agreed, this higher number of participants shall only then become part of the contract with the written consent of the hotel. If the hotel does not provide its written consent, the Contracting Party is not entitled to hold the event with a higher number of participants. If the hotel does provide its consent, the charges shall be based on the new agreement (with additional expenses where applicable). The Contracting Party shall not be entitled to make a claim for consent. Charges will be based, irrespective of the notification of the number of participants, on the contractual arrangements. If, in actual fact, fewer participants take part in the event, this is irrelevant in terms of invoicing. A charge will be made for the number of participants agreed in the contract. If the number of people increases, charges will be based on the actual number of participants.
2. In the event of a reduction in the number of participants, the hotel is entitled to increase the agreed prices in accordance with the preceding Paragraph 1 and to exchange the confirmed rooms unless this cannot be reasonably expected of the Contracting Party.
3. If the agreed start or end times of the event are postponed, the hotel is entitled to invoice the Contracting Party for all additional costs that arise as a result of this (e.g. for the provision of personnel), unless the hotel is responsible for the postponement.
4. Rooms which have been reserved are only available to the Contracting Party within the time frame agreed in writing. Any use beyond this requires the written consent of the hotel and is generally only granted subject to additional payment. The hotel reserves the right to make room changes insofar as these are reasonable for the Contracting Party taking the hotel’s interests into consideration.
5. For events which go beyond 23:00, the hotel, if not expressly agreed otherwise in writing, can charge EUR 80 plus VAT if applicable for every hour commenced and can additionally charge for personnel costs. The Contracting Party is liable to the hotel for additional services provided to the event participants or to third parties in connection with the event.
6. The Contracting Party is responsible for obtaining all official approvals at his/her own expense unless the parties have expressly agreed otherwise in writing. The Contracting Party is responsible for complying with all relevant regulatory and legal requirements. Fees related to the event which are payable to third parties e.g. GEMA fees, entertainment tax and the like are to be paid immediately by the Contracting Party directly to the creditor.
7. The Contracting Party is liable for the conduct of his/her employees, the event participants and any support staff, in addition to his/her own conduct, as well as any damage arising as a result of conduct to buildings, furniture and equipment. The hotel can demand from the Contracting Party the provision of reasonable securities (e.g. insurances, deposits, guarantees).
8. In order to prevent damage, the hotel’s prior consent must be sought in relation to the affixing and setting up of decorative material or other objects. Exhibition objects and other objects brought in for the event must be removed promptly following the conclusion of the event. If the Contracting Party does not comply with this rule, the hotel has the right to remove the objects and store them for a fee. Transportation packaging, outer packaging and all other packaging materials which are brought into the hotel must be disposed of by the Contracting Party at their own expense. The hotel is entitled to charge for the disposal of packaging left behind by the Contracting Party following the conclusion of the event. All objects which are brought into the hotel for the event such as decorative material and the like must comply with all relevant regulatory provisions (e.g. fire protection requirements). The hotel is entitled to demand official evidence of such. If such evidence is not provided, the hotel is entitled to remove materials brought into the hotel at the expense of the Contracting Party.
9. The hotel does not provide insurance cover for objects brought into the hotel. It is the Contracting Party’s exclusive responsibility to take out such insurance if necessary. In the event of damage, the Contracting Party is liable.
10. Malfunctions or faults with equipment provided by the hotel will be resolved by the hotel insofar as possible. The Contracting Party cannot derive any claims in this context.
11. If the Contracting Party brings in their own electrical equipment, the consent of the hotel management must be sought prior to connecting to the hotel’s power supply. Electricity consumption will be charged in accordance with the applicable provision charges and energy rates charged by the utility company to the hotel. The hotel shall be free to charge a flat rate fee at its discretion. Malfunctions or faults in technical equipment which arise as a result of such connection are to be paid for by the Contracting Party.
12. The Contracting Party is entitled to use their own telephone, fax and data communication equipment with the hotel’s consent. The hotel can charge a connection fee for such usage. If suitable equipment belonging to the hotel remains unused as a result, the hotel may charge for lost revenue.
13. If the hotel procures for the Contracting Party technical or other equipment from third parties, the hotel is acting in the name of and for the account of the Contracting Party; the Contracting Party is liable for the careful handling and correct return of this equipment and releases the hotel from all third party claims upon the first written request. The hotel does not accept liability in the event of untimely delivery or defectiveness of the procured equipment.
14. The Contracting Party is generally not permitted to bring their own food and drinks to events. In special cases (e.g. national specialities etc.) a written agreement in relation to this may be obtained. In such cases, a general food charge less the proportionate cost of sales will be charged. In the event of a violation, the hotel is entitled to demand a flat-rate compensation amount per participant for the loss of revenue that the hotel would have earned for the provision of the service. The hotel accepts no liability whatsoever for damage to health caused by the consumption of food and drink brought in from outside.
15. Newspaper advertisements which contain invitations to interviews or sales events generally require the hotel’s prior written consent. If such material is published without permission, the hotel has the right to cancel the event.
16. ll types of advertisement, information, invitations which make a reference to the hotel, in particular through the use of the hotel’s name, pictures or logo, require the hotel’s prior written consent.
17. There shall be an advance payment for the contractual service in the amount of 50% which is payable by seven weeks prior to arrival.
Section 5 Room Use, Room Handover, Arrival and Departure
1. The provision of rooms is exclusively for the purpose of accommodation.
2. Pets may only be brought into the hotel with the prior consent of the hotel and for a separate charge. In the event that damage is caused inside or outside the hotel by the pet, the Contracting Party is liable. In the event that the room cannot be rented out following the pet’s departure due to contamination or damage, the hotel reserves the right to bill the Contracting Party for the room to be specially cleaned and for possible loss of rent.
3. The Contracting Party is liable to the hotel for all damage caused by him/herself or by third parties who receive hotel services at the request of the Contracting Party. The Contracting Party must report all damage caused to reception immediately.
4. The Contracting Party has no right to the use of specific rooms or - in the case of events - a room allocated in advance for organisational reasons. Should rooms or facilities not be available on the premises, the hotel shall inform the Contracting Party of this immediately and shall offer a replacement of equivalent value in a hotel of the same category situated nearby.
5. Rooms that have been reserved shall be available to the Contracting Party from 15:30 on the day of arrival. The Contracting Party has no right to earlier access. Unless a later arrival time has been arranged in advance or the room has been paid for in full in advance or the Contracting Party has notified the hotel of a credit card number, which would enable the room rate to be charged to the Contracting Party in the event of a “no-show”, the hotel has the right to allocate the room elsewhere from 18:00. In this case, the Contracting Party has no rights and claims against the hotel. The hotel is granted a right of withdrawal in this respect.
6. Rooms must be vacated by 10:30 at the latest on the agreed day of departure. If rooms are not vacated in a timely manner, the hotel may, owing to the losses incurred as a result of this and for the additional use, charge the Contracting Party EUR 20 up until 13:00, EUR 30 up until 14:00, EUR 50 up until 15:00 and EUR 60 up until 16:00, in addition to the current daily room rate. In the event that the room is occupied after 20:00, a full night will be invoiced. The Contracting Party shall, however, be permitted to provide evidence that the hotel suffered no or essentially minimal losses. Further possible claims for damages on the part of the hotel remain unaffected.
7. The hotel is entitled to refuse a Contracting Party access to the hotel and accommodation if reasonable concern exists on the Contracting Party’s arrival that the Contracting Party is under the influence of drugs or alcohol or is behaving in a conspicuous or offensive manner towards hotel staff or other guests. The hotel is entitled to expel from the hotel and to terminate the corresponding contract of a guest without notice if he/she (repeatedly) disturbs the peace or harasses or insults other guests or hotel staff.
8. Smoking: We are a non-smoking hotel! Accordingly, smoking is prohibited in all areas of the hotel with the exception of specially designated areas. If we ascertain that you have smoked nonetheless, we have the right to demand flat-rate compensation of EUR 200 for the separate cleaning expenses plus potential sales losses from not being able to rent out the room. Should further damage occur as a result of non-compliance with the ban, the Contracting Party is obligated to compensate for this damage.
Section 6 Withdrawal of the Contracting Party, Cancellation and Non-utilisation of Service (no-show)
- No compensation is payable if the written cancellation or reduction of a booked hotel room/hotel suite is received by the hotel at least 7 days/14 days (this deadline is dependent upon the travel period) prior to the start of the service period. Advance purchase rates are excluded (see Section 3 Paragraph 9).
- No compensation is payable if the written cancellation or reduction of a booked apartment is received by the renter (in this case the Küstenperle Strandhotel & Spa) at least 28 days prior to the start of the service period. Advance purchase rates are excluded (see Section 3 Paragraph 9).
- Compensation of 80% of the price per night for the number of nights booked, if the written cancellation or reduction of a booked hotel room/hotel suite is received by the hotel fewer than 7 days/14 days (this deadline is dependent upon the travel period) prior to the start of the service period.
- Compensation of 80% of the price per night for the number of nights booked, if the written cancellation or reduction of a booked apartment is received by the renter (in this case the Küstenperle Strandhotel & Spa) fewer than 28 days prior to the start of the service period.
- In the event of a no-show, the claim to subsequent nights which have been booked is withdrawn. The full charge will be made for the first night and 80% of the price per night will be charged for each subsequent night.
- For group reservations (five rooms or more), separate cancellation periods apply which are contractually agreed in each case.
Section 7 Withdrawal of the Contracting Party from Events
1. The withdrawal of the Contracting Party from an event contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The arrangement of a right of withdrawal in addition to the possible consent to the cancellation of the contract must be made in text form in each case.
2. Provided that a deadline is agreed between the hotel and the Contracting Party for the withdrawal from the contract at no cost, the Contracting Party may withdraw from the contract up until this point without triggering payment or compensation claims from the hotel. The Contracting Party’s right of withdrawal expires if he/she does not exercise his/her right to withdraw vis-à-vis the hotel by the agreed deadline.
3. If a right of withdrawal is not agreed or has already expired, no statutory right of withdrawal or cancellation exists and if the hotel does not agree to a cancellation of the contract, the hotel retains its entitlement to the agreed payment despite the non-utilisation of the service. The hotel must take into account revenue from other use of the rooms as well as expenses spared. The expenses spared in each case can be expressed as a lump sum as follows:
4. Liability for compensation is not applicable in the event of a cancellation at least 84 days prior to the agreed event date. Compensation for withdrawal is as follows:
- 42 days or more before the start of the event 50%
- 14 days or more before the start of the event 75%
- 13 days or fewer before the start of the event 90%
of the agreed price or of the price on the hotel’s price list for the arranged event. If the Contracting Party has solely hired facilities (without food or beverages), the compensation is 90% of the agreed price 24 weeks or less prior to the start of the event. If the event date is postponed, the compensation payment will be taken into account. The Contracting Party is at liberty to demonstrate that the claim was not applicable, or was not applicable in the amount claimed. The hotel is at liberty to demonstrate that greater losses were incurred.
Section 8 Withdrawal/Cancellation by the Hotel
1. Provided that, in individual cases, on conclusion of the contract a free of charge right of withdrawal within a specified time limit was agreed in writing, the hotel is entitled on its part to withdraw from the contract within this time frame if enquiries exist from other Contracting Parties in relation to the contractually reserved rooms or event rooms, and the Contracting Party does not waive his/her right of withdrawal upon enquiry thereof by the hotel.
2. If an advance payment or security which has been agreed or requested in accordance with Section 3 Paragraph 9 has still not been paid following the expiry of an appropriate period of grace determined by the hotel, then the hotel is likewise entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons. An objectively justified reason exists if:
- force majeure, industrial action or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible;
- rooms, facilities and/or events are culpably booked with misleading or false information or non-disclosure of significant facts; significant in this respect refers to the identity of the Contracting Party, ability to meet financial obligations or the purpose of the stay;
- the hotel has justified reason for the assumption that the use of the hotel service may threaten the smooth running of the business, security or the hotel’s public image, where this is not within the hotel’s power of control or organizational remit;
- the purpose or reason for the stay and/or the event is illegal;
- the Contracting Party uses the hotel’s name for advertising purposes without its prior written consent;
- the Contracting Party provides the room or facilities covered by this contract in whole or in part for use by a third party without the hotel’s written consent (breach of Section 2 Paragraph 4);
- or the justified risk exists that the peace and security of the hotel is significantly threatened by the stay.
4. The legitimate withdrawal of the hotel does not justify any claim by the Contracting Party for compensation.
5. The hotel must inform the Contracting Party in writing regarding its exercising of a right of withdrawal or cancellation without delay and at the latest within 14 days of learning of the reason for such withdrawal/cancellation. Cancellation of the contract by the hotel does not justify any claims from the Contracting Party for damages or other financial compensation. The hotel’s entitlement to claim compensation for losses suffered by the hotel and expenses incurred by the hotel remains unaffected in the event of a legitimate termination of the contract.
Section 9 Liability of the Hotel, Objects on the Premises, Statute of Limitation
1. The hotel generally assumes liability for all statutory and contractual claims only in the event of deliberate or gross negligence on the part of the hotel.
2. By way of exception, the hotel assumes liability for ordinary negligence for damage which is based on the breach of essential contractual obligations. In such cases, liability is limited to foreseeable damage typical for the contract. On account of injury to life, limb or health.
3. The hotel assumes no liability for consequential or indirect damage.
4. Non-liability and limited liability apply similarly in favour of all companies, their subcontractors and agents appointed by the hotel for the fulfillment of its contractual obligations. They do not apply if the hotel issues a guarantee for the quality of goods or services, or in the event of fraudulently concealed errors.
5. The Contracting Party is obligated to notify the hotel of any identifiable deficiencies promptly and by departure at the latest.
6. The hotel is liable to the Contracting Party for items brought into the hotel in accordance with the statutory provisions in Section 701 ff. of the German Civil Code (BGB). The hotel recommends the use of the hotel or room safe.
7. Vehicles which are parked on hotel property, including for a charge, do not constitute a contract of deposit. The hotel assumes no liability in the event of damage or loss of vehicles parked on hotel property and their contents.
8. Items belonging to the Contracting Party/overnight guests which are left behind shall only be forwarded upon request by, and at the risk and expense of, the Contracting Party. The hotel shall retain the items for 6 months and shall calculate appropriate payment for such. Subsequently, the items will be handed over to the local lost property office provided that the items have a discernible value.
9. All claims against the hotel generally lapse one year from the commencement of the statutory limitation period. This does not apply to claims for damages and other claims provided that the latter are based on a deliberate or grossly negligent breach of duty on the part of the hotel.
10. Wake-up calls are carried out by the hotel with the greatest possible diligence. Messages, post, consignments of goods and luggage storage shall be handled with care on behalf of the Contracting Party. The hotel shall take responsibility for the delivery, storage and – if desired – shall forward the items for a fee. In doing so, the hotel only accepts liability under the terms of the preceding Section 9.
Section 10 Additional Provisions for Package Contracts
1. If the hotel’s service obligation consists in the organisation of a leisure programme as a paid internal service alongside the provision of board and lodging, this constitutes a so-called package travel contract.
2. The Contracting Party may not assert any claims in relation to changes, variations or reductions of own services within the framework of the package travel contract, which may become necessary following the conclusion of the contract, if they are merely insignificant.
3. Price reductions and refunds of the total charge are not possible in the event that services that are agreed and provided are not used by the Contracting Party.
4. The hotel is not liable for damage sustained by the Contracting Party on the occasion of the use of an additional service provided by a third party. In this respect, the Contracting Party is advised to direct his/her claims towards the respective organiser of the additional service.
Section 11 Final Provision
1. Any collateral agreements, amendments or supplements to the contract, the acceptance proposal or these general terms and conditions must be made in writing. Unilateral amendments or supplements made by the Contracting Party are invalid.
2. The place of performance and payment for commercial transactions is, for both parties, the hotel’s registered office.
3. The exclusive place of jurisdiction for commercial transactions - including for cheque and bill of exchange disputes - is the competent court having jurisdiction over the hotel’s registered office. The hotel may also, at its discretion, take legal action against the Contracting Party at the registered office of the Contracting Party. The same applies if the Contracting Party fulfills the requirements of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and has no place of general jurisdiction within Germany.
4. The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the Conflict of Laws provisions is excluded.
5. Should individual provisions in these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The Contracting Parties undertake to replace the invalid provision with another which is valid and which corresponds as closely as possible to the meaning of the invalid provision. In all other respects, the statutory provisions shall apply.