General Terms and Conditions for Landhaus Hammoor

1 SCOPE OF APPLICATION
1.1 These Terms and Conditions shall apply to contracts relating to the rental of hotel rooms for accommodation as well as all other services and supplies provided to the Customer in this regard by the following hotel (Hotel Accommodation Contract):

Landhaus Hammoor, Hauptstr. 14, 22941 Hammoor
(hereinafter referred to as Landhaus Hammoor or the Hotel)

These shall not apply to package tours within the meaning of Section 651a of the German Civil Code (BGB).

The term “Hotel Accommodation Contract” includes and replaces the following terms: lodging, guest accommodation, hotel, hotel room contract.

1.2 The subletting or re-letting of the rooms provided or their use for purposes other than accommodation requires the Hotel’s prior written consent, whereby the right of cancellation pursuant to Section 540 Para. 1 Sentence 2 of the German Civil Code is waived.

1.3 The Customer’s General Terms and Conditions shall only apply if these have been expressly agreed in writing.

2 CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS
The contractual partners shall be the Hotel and the Customer. The Contract shall come into effect when the Hotel accepts the guest’s request. In the event someone books on the hotel’s own website, the Contract shall come into effect by clicking on the “PAYABLE BOOKING” button as well as any verbal, telephone or written booking.

3 SERVICES, PRICES, PAYMENT, BILLING
3.1 The Hotel is obliged to keep the rooms booked by the Customer ready and to provide the agreed services.

3.2 The Customer is obliged to pay the Hotel’s agreed or applicable prices for providing the rooms and any other services used by the Customer. This also applies to services commissioned by the Customer directly or via the Hotel, which are provided by third parties and paid for by the Hotel.

3.3 The agreed prices include the taxes and local duties applicable at the time of conclusion of the Contract. Local taxes are not included, but are payable by the guest themselves in accordance with the respective municipal law, such as visitor’s tax.
In the event of a change in the statutory value added tax or the introduction, modification or abolition of local duties on the subject of the service after the contract has been concluded, the prices shall be adjusted to match this. In the case of contracts with consumers, this only applies if the time between the conclusion of the Contract and the fulfilment of the Contract exceeds four months.

3.4 If payment by invoice has been agreed, payment must be made in full within eight days of receipt of the invoice, unless otherwise agreed.

3.5 The Hotel is entitled to demand a reasonable advance payment or security deposit from the Customer upon conclusion of the Contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in written form in the Contract. In the event of default of payment by the Customer, the statutory regulations shall apply.

3.6 In justified cases, for example if the Customer is in arrears with payment or if the scope of the Contract is extended, the Hotel shall be entitled to demand an advance payment or security deposit within the meaning of Section 3.5 above or an increase in the advance payment or security deposit agreed in the Contract up to the fully agreed payment,even after conclusion of the Contract up to the start of the stay.

3.7 The Hotel shall also be entitled to demand a reasonable advance payment or security deposit from the Customer at the beginning and during the stay within the meaning of Section 3.5 above for existing and future claims arising from the Contract, insofar as such a payment has not already been made in accordance with Section 3.5 and/or Section 3.6 above.

3.8 The Customer may only settle or offset an undisputed or legally binding claim against a claim made by the Hotel.

3.9 The Customer shall agree that the invoice may be sent electronically.

3.10 Pet policy
Pet A, B, C for pet parents
A: Pets are not permitted on the bed, sofa, armchairs or the Hotel’s own wool blankets.
B: Towels are reserved for people only, you can take FREE pet towels from the reception.
C: Unfortunately, pets are not allowed in the breakfast room, as we offer an open breakfast buffet. If you would like to have breakfast with your little roommate, we can offer you a separate room and you can help yourself at the buffet and leave your little friend at the table.
D: For stays of two nights or more, daily housekeeping cleaning is essential and access to the room must be guaranteed.
If we find out that any pet parents are not following these rules, we will unfortunately have to charge 50.00 EUR/hour for the final cleaning.

4 WITHDRAWAL/TERMINATION (“CANCELLATION”) BY THE CUSTOMER
NON-USE OF THE HOTEL’S SERVICES (“NO-SHOW”)
4.1 The Customer may only unilaterally terminate the Contract concluded with the Hotel if a right of withdrawal has been expressly agreed in the Contract or if there is a statutory right of withdrawal or termination.

4.2 If the Hotel and the Customer have agreed on a date for cancellation of the Contract free of charge, 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 expires if it does not exercise it in writing to the Hotel by the agreed date.

4.3 If a right of cancellation has not been agreed or has already expired and there is also no statutory right of cancellation or termination, the Hotel reserves the right to the agreed remuneration despite non-use of the service. The Hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not let to other guests, the Hotel may make a flat-rate deduction for the expenses saved. In this case, the Customer is obliged to pay the full amount of the contractually agreed price for accommodation without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The Customer shall be entitled to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

5 WITHDRAWAL BY THE HOTEL
5.1 Insofar as it has been agreed that the Customer may withdraw from the Contract free of charge within a certain period of time, the Hotel shall be entitled to withdraw from the Contract during this period if there are enquiries from other customers regarding the contractually booked rooms and if the Customer does not waive its right to withdrawal upon request by the Hotel and setting a reasonable period of time. This applies accordingly if an option is provided, if other enquiries have been made and the Customer is not prepared to make a firm booking after the Hotel has made enquiries within a reasonable period of time.

5.2 If an advance payment or security deposit agreed or demanded in accordance with Section 3.5 and/or Section 3.6 is not made even after a reasonable grace period set by the Hotel has expired, the Hotel shall also be entitled to withdraw from the Contract.

5.3 The Hotel shall also be entitled to withdraw from the Contract for an objectively justified reason, in particular in the event that
– force majeure or other circumstances for which the Hotel is not responsible make it impossible to fulfil the Contract;
– rooms or rooms are booked culpably with misleading or false information or withholding material facts; material in this regard may be the identity of the Customer, solvency or purpose of the stay;
– the Hotel has reasonable grounds to believe that the use of the service could jeopardise the smooth running of the business, the security or the public image of the Hotel without this being attributable to the Hotel’s sphere of control or organisation;
– the purpose or reason for the stay is unlawful;
– there is a breach of Section 1.2 above.

5.4 The Hotel’s justified withdrawal does not entitle the Customer to compensation. If the Hotel should have a claim for damages against the Customer in the event of withdrawal in accordance with Subsections 5.2 or 5.3 above, the Hotel may charge a flat fee. Section 4.3 shall apply accordingly in this case.

6 PREPARATION, HANDOVER AND RETURN OF ROOMS
6.1 The Customer shall not have any claim to the provision of specific rooms, unless this has been expressly agreed in written form.

6.2 Booked rooms shall be available to the Customer from 3 p.m. on the agreed day of arrival. The Customer shall not be entitled to enter the rooms earlier than this.

6.3 The rooms must be vacated and made available to the Hotel no later than 11 a.m. on the agreed day of departure. After this, the Hotel may charge 50% of the full accommodation price (price according to the price list) for vacating the room late until 1 p.m. and 100% after 1 p.m. This shall not substantiate any contractual claims on the part of the Customer. The Customer is then free to prove that the Hotel has no or a significantly lower claim to a usage fee.

7 HOTEL LIABILITY
7.1 The Hotel shall be liable for damages resulting from injury to life, limb or health for which it is responsible. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty on the part of the Hotel or on an intentional or negligent breach of typical contractual obligations on the part of the Hotel. Typical contractual obligations are any obligations which make it possible to properly fulfil the contract in the first place and which the Customer relies on and may rely on being fulfilled. A breach of duty committed by a legal representative or agent shall be deemed equivalent to a breach of duty committed by the Hotel. Further claims for damages are excluded, unless otherwise stipulated Section 7
of this Contract. If there are any disruptions or defects in the Hotel’s services, the Hotel shall endeavour to provide a solution upon becoming aware of them or upon receiving an immediate complaint from the Customer. The Customer shall be obliged to contribute what can be reasonably expected to rectify the fault and keep any potential damage to a minimum.

7.2 The Hotel shall be liable to the Customer for items brought into the Hotel in accordance with the statutory provisions. If the Customer wishes to bring money, securities or valuables with a value of more than €800 or other items with a value of more than €3,500, this requires a separate safekeeping agreement with the Hotel.

7.3 If the Customer is provided with a parking space in the Hotel garage or car park, including for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to vehicles parked or driven on the Hotel’s property or the contents thereof, the Hotel shall only be liable in accordance with the provisions of Section 7.1, Sentences 1 to 4 above.

7.4 The Hotel does not do wake-up calls.
Messages for customers are handled carefully. After prior consultation with the Customer, the Hotel may accept, store and (on request) forward mail and parcels for a fee. In this regard, the Hotel shall only be liable in accordance with
Section 7.1, Sentences 1 to 4 above.

8 FINAL PROVISIONS
8.1 Amendments and supplements to the Contract, the acceptance of the request or these General Terms and Conditions must be made in writing. Unilateral amendments or additions shall be considered invalid.

8.2 If the Customer is a businessperson or a legal entity under public law, the exclusive place of jurisdiction shall be the location of the Hotel.
However, the Hotel may choose to take legal action against the Customer at the Customer’s registered office. The same applies to Customers who do not fall under Sentence 1 if they do not have their registered office or domicile in a member state of the EU.

8.3 German law shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply.

8.4 In accordance with the legal obligation, the Hotel would like to point out that the European Union has established an online platform for the out-of-court resolution of consumer disputes (“OS Plattform”): http://ec.europa.eu/consumers/odr/
However, the Hotel does not participate in dispute resolution proceedings before consumer arbitration boards.