General terms and conditions of R. Kossow & Levermann Hotelbetriebs GmbH
1. These terms and conditions apply to the agreements concerning the rental of hotel rooms for accommodation as well as all additional services and deliveries provided for the customer between R. Kossow & Levermann Hotelbetriebs GmbH and the guest.
2. The subletting or re-letting of the rented rooms as well as their use for any purposes other than accommodation requires the advance written consent of the hotel. The terms and conditions of the customer shall only apply if they have been expressly agreed upon in writing in advance.
Conclusion of contract, contracting parties, limitation
3. The accommodation agreement shall become effective by oral or written order by the guest and subsequent oral or written confirmation by the hotel. Unilateral changes and additions by the guest are invalid.
4. In the event of force majeure (storm, water, fire damage etc.), the hotel can withdraw from the contract without notice. The guest shall not be entitled to any claim for damages.
5. The contracting parties are the hotel and the customer. If a third party has placed an order for the customer, he is liable to the hotel together with the customer as co-debtors for all obligations arising out of the hotel accommodation agreement provided that the hotel has a corresponding agreement to that effect from the third party.
6. All claims against the hotel shall in principle expire within one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 of the German Civil Code (BGB). Claims for damages expire knowledge-dependent within five years. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of obligation.
services, prices, payment, offset
7. The hotel is obligated to have the rooms booked by the customer and to provide the services agreed upon.
8. The customer is obligated to pay the applicable or agreed prices for the room rental and additional services made use of by him. This shall also apply to services and expenses arranged by the customer to third parties.
9. The agreed prices include the respective legal VAT. If the period between conclusion of the contract and execution of the contract exceeds four months and if the price calculated by the hotel in general for such services has increased, the hotel may raise the contractually agreed price to a reasonable level.
10. The prices can also be modified by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or length of stay of the guests and the hotel agrees to these changes.
11. The accommodation price is due on the day of departure. Payment can be made in cash, by EC cash card or in advance by a bank transfer. The hotel is entitled to issue an interim invoice, declare it due and ask for immediate payment for any claims accruing during the guest’s stay.
12. The hotel is entitled at the conclusion of the contract or subsequently, taking into account the legal provisions for package tours, to demand a reasonable advance payment or security. The amount of the advance payment and the payment dates can be agreed on in writing in the contract.
13. Reserved rooms and apartments shall be available to the guest from 3 p.m. on the day of arrival and until 11 a.m. on the day of departure. If a later arrival time has not been expressly agreed on, the hotel reserves the right to assign reserved rooms to other guests after 6 p.m.
14. Reserved conference rooms shall be available to the service recipient at the time agreed upon in writing. Use of the conference rooms beyond the agreed time period shall require prior agreement with the hotel.
withdrawel of the customer (cancellation, annulment) / non-utilisation of the hotel´s services
15. A withdrawal of the customer from the agreement concluded with the hotel requires the written consent of the hotel. If this is not done, the agreed price in the contract shall be paid if the customer does not use the contractual services. This shall not apply when the hotel fails in its obligation to consider the rights, objects of legal protection and interests of the customer where the latter can no longer be expected to abide by the contract or is entitled to another legal or contractual right of withdrawal.
16. Withdrawal/cancellation: Withdrawal from the accommodation agreement can be stated orally or in writing. To avoid losses, the hotel is bound in good faith to try to assign unused rooms to other guests. In the event of a withdrawal as of 2 weeks before the day of arrival, the right of the hotel however shall remain in effect under § 537 BGB should rental to another party not succeed, that is, the right to bill the room price minus a flat rate for services saved (20% for accommodation/breakfast, 30% for accommodation half board). We recommend taking out travel cancellation insurance.
17. Provided that a date for withdrawal from the contact without payment has been agreed in writing between the hotel and the customer, the customer can until then withdraw from the contract without triggering payment or compensation claims from the hotel. The right of withdrawal of the customer shall lapse if he does not exercise his right to withdraw by the agreed date in writing to the hotel.
withdrawel of the hotel
18. Provided that a charge-free right of withdrawal of the customer within a certain period has been agreed on in writing, the hotel is for its part entitled to withdraw from the contract within this time period if there are enquiries from other customers regarding the contractually booked rooms and the customer does not wave his right of withdrawal.
19. If an agreed or demanded advance payment is not made, the hotel is entitled to withdraw from the contract without notice.
20. The hotel is also entitled to withdraw from the contract as an extraordinary measure for an objectively justifiable reason, for example in the case of:
21. In the event of a justified withdrawal of the hotel, the customer has no right to damages.
liability of the hotel
22. The hotel undertakes to fulfil its contractual obligations with the diligence of a prudent businessperson. Claims of the customer for damages are excluded. Excepted from this are damages arising from injury to life, limb or health if the hotel is responsible for the breach of obligation, other damages that are based on an intentional or grossly negligent breach of obligation by the hotel and damages that are based on an intentional or negligent breach of the hotel’s obligations normally included in such a contract. A breach of obligation by the hotel shall be considered the same as that of a legal representative or agent. Should any disruptions or deficiencies in the hotel’s services occur, the hotel shall endeavour to take corrective action when the disruptions or deficiencies become known or are reported by the customer. The customer shall do whatever can be reasonable expected of him in order to remove the disruption and keep possible damage to a minimum.
23. No liability shall be assumed for all valuables brought by the guest. We draw attention to the option of storing valuables in the hotel’s own safe.
24. Modifications or amendments to the contract, the acceptance agreement or these terms and conditions should be made in writing. Unilateral changes and additions by the customer are invalid.
25. Place of fulfilment and payment is Warnemünde.
26. Exclusive jurisdiction – including disputes concerning cheques and bills of exchange – shall be the hotel’s registered office for commercial transactions. Should a contracting party fulfil the requirements of § 38 para. 2 of the German Code of Civil Procedure (ZPO) and have no general place of jurisdiction in Germany, the hotel’s registered office shall have jurisdiction.
27. German law shall apply. Use of the UN sales law and conflict of laws is excluded.