I. Scope

1. These terms and conditions apply to contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer.

2. The prior written consent of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby § 540, para. 1, sentence 2 German Civil Code is waived insofar as the customer is not a consumer.

3. The customer's terms and conditions shall apply only if these are previously expressly agreed in writing.

 

II. Conclusion of contract, contracting parties, limitation

1. The contract shall come into force upon the hotel's acceptance of the customer's request. At its discretion, the hotel may confirm the room reservation in writing.

2. The hotel and the customer shall be the contracting parties. If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer, insofar as the hotel has a corresponding statement by the third party.

3. All claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations dependent upon knowledge of § 199, para. 1 German Civil Code. Damage claims shall be time-barred after five years, independently of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

 

III. Services, Prices, Payment, Set-Off

1. The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.

2. The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This shall also apply to the hotel's services and outlays to third parties caused by the customer.

3. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but not by more than 5%.

4. The hotel is also entitled to change prices if the customer later wishes to make changes to the number of rooms booked, the hotel's services or the length of guests' stay, and the hotel agrees to these.

5. Hotel invoices not showing a due date are payable in full within ten days of receipt of the invoice. The hotel is entitled at any time to make accumulating accounts receivable due and to demand payment without undue delay. In the event of default, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The hotel reserves the right to prove greater damage.

6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

7. The customer may only offset or reduce a claim by the hotel with an undisputed or legally enforceable claim.

 

IV. Cancellation by the customer (i.e. cancellation of order, cancellation) / failure to use the hotel's services

1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's written consent. If this is not provided, then the price agreed in the contract must be paid even if the customer does not make use of the contractual services. This does not apply to the breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer be expected to adhere to the contract as a result or if the customer has any other statutory or contractual right of withdrawal.

2. If the hotel and customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis the hotel by the agreed date, insofar as no case pursuant to Number 1, sentence 3 supra exists.

3. If the customer does not use the rooms, the hotel must credit the income from renting the rooms to other parties as well as for saved expenses.

4. At its discretion, the hotel may demand the contractually agreed compensation and to make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed rate for lodging with or without breakfast, 70% for half-board, and 60% for full-board arrangements. The customer is at liberty to show that the above-mentioned claim was not created or not created in the amount demanded.

 

V. Cancellation by the hotel

1. Insofar as a right of withdrawal at no cost has been agreed in writing for the customer within a certain period, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry thereof by the hotel.
 

2. If an agreed advance payment or an advance payment demanded in accordance with clause III no. 6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract for an objectively justified reason, for example if

• force majeure or other circumstances beyond the hotel's control make it impossible to fulfil the contract;

• rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;

• the hotel has justified cause to believe that use of the hotel's services might jeopardise the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organisation;

• there is a breach of clause I no. 2 above.

4. The customer shall have no right to compensation if the hotel justifiably withdraws from the contract.

 

VI. Room allocation, handover and return

1. The customer shall not be entitled to allocation of specific rooms.

2. Booked rooms shall be available to the customer from 3 p.m. on the agreed arrival date. The customer shall have no right to earlier allocation.

3. On the agreed departure date, the rooms are to be vacated and made available to the hotel by 10:30 a.m. at the latest. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100%). This does not establish any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim for compensation for use.

 

VII. Liability of the hotel

1. the hotel is liable for the due care and diligence of a prudent businessman for its obligations under the contract. Claims for damages by the customer are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the hotel and damages that are based on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the hotel's services occur, the hotel will endeavour to remedy the situation as soon as it becomes aware of them or upon the customer's immediate complaint. The customer is obliged to do what is reasonable for him to help remedy the disruption and to keep any possible damage to a minimum.

2. the hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions, i.e., up to one hundred times the room rate, not to exceed €3,500 and up to €800 for cash, securities and valuables. Cash, securities and valuables may be stored in the hotel or room safe. The hotel recommends that guests make use of this option. Liability claims expire unless the customer notifies the hotel immediately after becoming aware of the loss, destruction, or damage (§ 703 BGB). With regard to further liability of the hotel, the above number 1, sentences 2 to 4 shall apply accordingly.

3. Insofar as a parking space is provided to the customer in the hotel garage or a hotel car park, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property, nor the contents thereof, excepting cases of intent or gross negligence. The preceding No. 1, sentences 2 to 4, shall apply respectively.

4. Wake-up calls are carried out by the hotel with the greatest possible diligence. Messages, mail, and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on request). The above-mentioned No. 1, sentences 2 to 4 shall apply respectively.
 

VIII. Data protection

The data protection provisions of Rickmers Hotelbetriebs GmbH, including all information on the collection, use and security of your personal data, are an integral part of these General Terms and Conditions. Please read our data protection provisions carefully under the link Data protection.

By using our services, you declare that you agree to the data protection provisions and consent to the processing of your data in accordance with these provisions.

 

IX Final provisions

1. Amendments and supplements to the contract, the acceptance of offers or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or supplements by the customer are invalid.

2. The place of performance and payment is the registered office of the hotel.

3. Exclusive place of jurisdiction – also for cheque and exchange disputes – is the registered office of the hotel in commercial transactions. Insofar as a contractual partner fulfils the requirement of § 38 para. 2 ZPO (Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. In all other respects, the statutory provisions shall apply.

 

Note on the platform of the European Commission regarding online dispute resolution and alternative dispute resolution bodies

The European Commission provides a platform for the alternative resolution of consumer disputes at http://ec.europa.eu/consumers/odr/

In addition, there is the option of dispute resolution proceedings before a consumer arbitration board.

Rickmers Hotelbetriebs GmbH does not currently participate in these voluntary proceedings for alternative dispute resolution. This notice is provided only for the legally required information. It is not currently possible for customers to use it.