General Terms & Conditions for Hotel Accommodation

I. Scope:

1. These General Terms and Conditions (hereinafter: GTC) are valid for all contracts for the letting of hotel rooms for accommodation and for all services provided in this context by John & Will Betriebsgesellschaft mbH, registered at the Bremen District Court 37853 HB, VAT ID: DE351765474 (hereinafter: Hotel) towards the customer (hotel accommodation contract)

2. Terms and conditions as well as other deviating conditions of the customer shall not become an integral part of the contract unless their validity is expressly agreed upon in text form.

II. Conclusion of contraction, contractual partner, duty to inform

1. The contract is concluded upon acceptance of the customer’s request by the hotel. The hotel may optionally confirm the room booking in text form. In the event of a booking via the hotel’s website, the contract is concluded by clicking on the button “Book now [for a fee]”.

2. The contractual partners are the hotel and the customer. If a third party makes the booking on behalf of the customer, both the third party and the customer shall be jointly and severally liable for all obligations arising from the hotel accommodation contract.

3. The subletting or re-letting, the transfer of use of the rented premises, the use of the rented hotel rooms for purposes other than accommodation, for public invitations or other advertising measures, for job interviews, sales and similar events, and the use of the hotel space outside the rented rooms require the prior consent of the hotel in text form and may be made dependent on the payment of additional remuneration. § 540 para. 1 sentence 2 BGB does not apply.

4. The customer must inform the hotel, at the latest upon the conclusion of the contract, whether due to its political, religious, or other nature, the use of the hotel service is likely to jeopardise the smooth running of the business, the security, or the public reputation of the hotel.

III. Services, prices, advance payment, off-setting

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

2. The customer is obliged to pay the applicable or agreed hotel prices for the provision of the room and the other services utilised. This also includes services and expenses provided by the hotel to third parties at the customer’s request. The fixed prices of these and other services utilised are to be paid by the customer.

3. The agreed prices include the applicable statutory value-added tax (VAT). If there are more than four months between the conclusion and fulfilment of the contract and the VAT changes during this period, the prices shall be adjusted accordingly. If the period between conclusion and fulfilment of the contract is more than four months and the price generally charged by the hotel for comparable services increases, the hotel may raise the agreed price appropriately, but by no more than 5%. For each additional year beyond the four months, the upper limit increases by a further 5%. In the event of a change in the VAT rate at the time the service is provided, the agreed prices shall be adjusted accordingly, and the hotel shall be entitled to charge the increase in VAT.

4. The prices can also be changed by the hotel if the customer subsequently changes the number of rooms booked, the hotel services, or the length of stay of the guests in accordance with the hotel’s agreement.

5. Hotel invoices without a fixed due date must be paid in full within 10 days of receipt of the invoice. The hotel reserves the right to call in outstanding payments at any time and to demand immediate payment. In the event of late payment, the hotel may demand the statutory default interest. In the event of a delay, the customer shall pay dunning costs in the amount of EUR 5,00 for each reminder. All further collection costs shall be borne by the customer.

6. The hotel reserves the right to demand an appropriate advance payment or security deposit in the form of a credit card guarantee at any time. The amount of the advance payment and the payment dates must be specified in text form in the contract. The agreed advance payments are generally non-refundable unless a free cancellation agreement has been concluded between the hotel and the customer. In the event of cancellation and the hotel’s ability to re-let rooms at the same price, the deposit will be refunded. If the rooms cannot be re-let at the same price, the customer is obliged to pay the difference.

7. The customer shall only be entitled to offset or reduce claims of the hotel with claims that are legally binding or undisputed.

8. If, after the contract has been signed, circumstances arise which, from the hotel’s point of view, cast doubt on the customer’s creditworthiness, the hotel reserves the right either to cancel the contract or to offer the agreed services only against advance payment or security deposit.

9. Pets are only allowed with prior consent of the hotel and may be brought for a fee.

IV. Withdrawal by the customer (cancellation) / non-utilisation of the services of the hotel

1. The customer may only withdraw from the hotel accommodation contract if a right of withdrawal has been expressly agreed or a statutory right of withdrawal or cancellation exists. The agreement of a right of withdrawal and the hotel’s consent to the cancellation of the contract must be in text form. If this is not done, the agreed price according to the contract remains payable even if the customer does not make use of the contractual services.

2. If a date for a free cancellation of the contract has been agreed between the hotel and the customer in text form, the customer has the option of cancelling the contract up to this date without triggering payment or compensation claims by the hotel.

3. If there is no statutory right of cancellation or a right of cancellation has not been agreed or has already expired and the hotel does not agree to a cancellation of the contract, the hotel shall retain the right to the agreed remuneration despite non-utilisation of the service. The hotel will consider the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may make a flat-rate deduction for saved expenses. The customer is hence obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements with external services, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the claim has not arisen or has not arisen in the claimed amount.

V. Cancellation by the hotel

1. If the customer’s right of cancellation has been agreed in text form per section IV paragraph 1, the hotel reserves the right to cancel the contract within this period. This may occur if there are enquiries from other customers for the booked rooms and the customer does not waive his right of cancellation within a period set by the hotel. The same applies if an option is granted and the customer is not prepared to make a binding booking within the specified period.

2. If an agreed advance payment or an advance payment demanded in accordance with section III paragraph 6 is not made even after the expiry of a reasonable grade period set by the hotel, the hotel is entitled to withdraw from the hotel accommodation contract.

3. The hotel may also withdraw from the contract for objectively justified reasons, for example in the event of force majeure or other circumstances for which the hotel is not responsible, and which make fulfilment of the contract impossible. This may also be the case if rooms are booked under misleading or false statements of material facts or if the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardise the smooth operation, security, or reputation of the hotel without this being attributable to the hotel’s responsibility. A breach of section II paragraph 3 also justifies the cancellation of the hotel.

4. Furthermore, the hotel is entitled to withdraw from the contract if the hotel becomes aware that the customer’s financial circumstances have deteriorated significantly after conclusion of the contract. This occurs in particular if the customer does not settle due claims of the hotel or does not provide sufficient financial security, so that the hotel’s payment claims appear to be jeopardised. Such a situation may exist, for example, if the customer has filed an application for the opening of insolvency proceedings, out-of-court debt settlement proceedings have been initiated, or the customer has suspended payments. Cancellation can also take place if insolvency proceedings are opened or if the opening of such proceedings is rejected for lack of assets or for other reasons.

5. Unauthorised sales and similar events may be prohibited by the hotel or demand their cancellation.

6. In the event of a justified cancellation by the hotel or the prohibition of an unauthorised event in accordance with paragraph 5, the customer has no right to claim compensation.

7. Should the hotel be entitled to claim damages from the customer in the event of cancellation by the hotel, the hotel reserves the right to charge a lump sum for this claim. Section IV paragraph 3 shall apply accordingly in this case.

VI. Provision, handover, and return of the rooms

1. The customer shall not acquire any claim to the provision of certain rooms, unless otherwise agreed upon in text form.

2. Reserved rooms are available from 15:00 on the day of arrival. Earlier availability cannot be claimed. If a later arrival time has not been expressly agreed or the room has not been paid for in advance, the hotel reserves the right to make the room available to other guests after 18:00. The customer cannot derive any claims against the hotel from this. .

3. Rooms must be vacated and made available to the hotel by 12:00 noon on the agreed day of departure. If the customer fails to ensure that the rooms are vacated and released by this time, the hotel may charge the full price for an additional day. Payment of the room price shall not affect the hotel’s other claims for damages. If the hotel is forced to place guests in another hotel due to the late vacating rooms, the customer shall bear all costs incurred. The payment of the room price shall establish no additional contractual claims on the part of the customer. The customer has the right to prove that the hotel has no claim on the usage fee or that a significantly lower claim is due.

VII. Hotel liability, statute of limitations

1. The hotel shall be liable for damage caused by intent and gross negligence – including that of its fulfilment agents – in accordance with the statutory provisions. The same shall apply to damages caused by negligence resulting from injury to life, body, or health. The hotel and its fulfilment agents shall only be held liable for property and pecuniary damages resulting from negligence if there is a breach of a significant contractual obligation. However, the amount of liability shall be limited to the foreseeable damage typical for the contract.

2. In the event of disruptions or defects in the hotel services, the hotel will endeavour to remedy the situation as soon as it becomes aware thereof or the customer gives notice thereof without undue delay. The customer is obliged to inform the hotel in good time of the possibility of unusually high damage and to contribute in a reasonable manner to remedying the disruption and minimising any damage.

3. The hotel shall be liable for items brought into the hotel in accordance with the statutory provisions of the German Civil Code (BGB) up to a maximum amount of EUR 3.500 (§ 702 BGB). Liability shall not apply if rooms, conference rooms, or containers in which the guest has deposited objects are left unlocked. In accordance with the BGB, liability for cash and valuables is limited to EUR 800 (§ 702 BGB) if they are kept in the hotel’s safe. Otherwise, the provisions of §§ 701 ff. BGB shall apply.

4. The provision of a parking space does not constitute a contract of safekeeping. The hotel is not liable for the loss or damage of motor vehicles parked or manoeuvred on the hotel premises and their contents. The hotel has no duty of supervision. Damages must be reported to the hotel immediately.

5. The hotel handles messages, post, and packages for guests with care. The hotel shall take care of delivery, storage and, for a fee, the forwarding of the aforementioned items. Claims for damages, except for gross negligence or intent, are excluded.

6. Guest’s belongings will only be returned at the guest’s request, risk, and expense. The hotel shall keep the items for six months, after which they shall be handed over to the local lost property office, provided they have recognisable value. If there is no discernible value, the hotel reserves the right to destroy the items after this period has expired.

7. The customer’s right to make claims for damages will expire two years after they become aware of the damage or, irrespective of such awareness, three years after the damaging event occurred. This shall not apply to liability for damages arising from injury to life, body, or health or for other damages caused by an intentional or grossly negligent breach of duty by the hotel or its fulfilment agents.

VIII. Final provisions

1. Amendments or additions to the Hotel Accommodation Agreement or these General Terms and Conditions must be made in text form. Any unilateral amendments or additions by the customer shall be invalid.

2.The place of fulfilment and payment shall be the location of the hotel.

3. The exclusive place of jurisdiction, including for disputes arising from cheques and bills of exchange in commercial transactions, is the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO (Code of Civil Procedure) and has no general place of jurisdiction in Germany, the hotel’s registered office shall be the place of jurisdiction

4. German law applies. The application of the UN Convention of Contracts for the International Sale of Goods (CISG) and conflict of laws are excluded.

5. If any part of these General Terms and Conditions (GTC) becomes invalid or void, it will not affect the validity of the remaining provisions. In such cases, statutory provisions will apply. In case of invalid provisions, they will be replaced by statutory provisions that come as close as possible to the meaning of the invalid provisions.

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