1 Scope

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as for all other services and supplies provided by the hotel for the customer in this context (hotel accommodation contract). The term „hotel accommodation contract“ includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

1.2 Subletting or further subletting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is excluded to the extent that the customer is not a consumer within the meaning of § 13 BGB.

1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in writing beforehand.

2 Contract conclusion, parties, limitation periods

2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer's request. The hotel is at liberty to confirm the room booking in writing.

2.2 All claims against the hotel are, in principle, statute-barred within one year from the statutory commencement of the limitation period. This does not apply to claims for damages and to other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 Services, Prices, Payment, Set-off

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 agreed or applicable hotel prices for the room rental and any further services they have used. 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 in advance.

3.3 The agreed prices are inclusive of taxes and local charges applicable at the time of contract conclusion. Local charges that are owed by the guest themselves according to the respective municipal law, such as a tourist tax, are not included. If the statutory value-added tax changes, or if local charges on the subject of performance are newly introduced, changed, or abolished after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and contract performance exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services, or the duration of the customer's stay, as requested by the customer, conditional upon an appropriate increase in the price for the rooms and/or other hotel services.

3.5 Hotel invoices are payable in full upon receipt. Where payment on account has been agreed, payment must be made in full within ten days of receipt of the invoice, unless otherwise agreed.

3.6 The hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the case of advance payments or security deposits for package holidays, the statutory provisions remain unaffected. In the event of late payment by the customer, the statutory provisions shall apply.

3.7 In justified cases, for example, arrears of payment by the customer or an expansion of the scope of the contract, the hotel is entitled, even after the conclusion of the contract and before the start of the stay, to demand an advance payment or security deposit in the sense of the preceding clause 3.6, or an increase of the advance payment or security deposit agreed in the contract, up to the full agreed remuneration.

3.8 The hotel is also entitled, at the start of and during the guest’s stay, to require the guest to make a reasonable advance payment or provide security in accordance with clause 3.6 above to cover existing and future claims arising from the contract, provided that such payment or security has not already been provided in accordance with clause 3.6 and/or clause 3.7 above.

3.9 The customer may only set off or offset a claim against a claim by the hotel if that claim is undisputed or has become final and binding.

3.10 The customer agrees that the invoice may be sent to them electronically.

4 Cancellation by the customer (withdrawal, cancellation) / Non-attendance (no-show)

4.1 The customer may only cancel the contract entered into with the hotel if a right of cancellation has been expressly agreed in the contract, if a statutory right of cancellation applies, or if the hotel expressly consents to the cancellation of the contract.

4.2 Provided that a deadline for withdrawing from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract by that date without incurring any claims for payment or compensation from the hotel.

4.3 If no right of withdrawal has been agreed or has already lapsed, and there is no statutory right of withdrawal or termination, and the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite the service not being used. The hotel must offset any income from letting the rooms to other guests as well as any expenses saved. If the rooms are not let to other guests, the hotel may apply a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay 80% of the contractually agreed price for accommodation with or without breakfast, as well as for package deals including third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.

5 Cancellation by the hotel

5.1 Where it has been agreed that the customer may withdraw from the contract free of charge within a specified period, the hotel is, for its part, entitled to withdraw from the contract during that period if it receives enquiries from other customers regarding the rooms booked under the contract and the customer, upon being asked by the hotel and given a reasonable period of notice, does not waive their right to withdraw.

5.2 If an advance payment or security deposit agreed or requested in accordance with clause 3.6 and/or clause 3.7 is not provided even after the expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to terminate the contract for cause, in particular if:

– force majeure or other circumstances beyond the hotel’s control render the performance of the contract impossible;

– Rooms or suites are booked through culpable misrepresentation or falsification, or by concealment of material facts; the identity of the customer, their solvency or the purpose of their stay may be considered material.;

– the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the safety or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organisational responsibility;

– the purpose or occasion of the stay is unlawful;

– there has been a breach of clause 1.2 above;

– the guest or their companions consume, possess or deal in illegal narcotics or other prohibited substances in the hotel room or on the hotel premises;

– the guest causes the room or hotel premises to become significantly soiled, damaged or neglected beyond what is normally expected;

– the guest seriously breaches the hotel’s house rules or behaves in an unacceptable manner towards other guests, staff or third parties.

5.4 The hotel’s justified cancellation does not entitle the customer to claim compensation.

5.5 In the event of extraordinary termination in accordance with clause 5.3 due to drug use, significant soiling, damage or serious breaches of the house rules, the hotel retains the right to claim the full agreed payment for the entire booked period. No refund of payments already made shall be granted. Furthermore, the guest is obliged to compensate the hotel for all damage caused by their conduct, in particular costs for special cleaning, disinfection, refurbishment, repairs, loss of earnings due to room unavailability, and any costs for the disposal of contaminated items. The hotel is entitled to charge a special cleaning fee of at least EUR 250.00 plus any additional costs actually incurred.

5.6 The hotel is entitled to remove the guest from the premises immediately if the conditions set out in clause 5.3 are met. The hotel’s right to manage its premises remains unaffected. The hotel reserves the right to report any suspected criminal offences to the police.

6 Room allocation, handover and return

6.1 The customer shall not be entitled to the provision of specific rooms, unless expressly agreed in writing.

6.2 Rooms booked are available to the customer from 3.00 pm on the agreed day of arrival. The customer is not entitled to earlier access.

6.3 On the agreed day of departure, rooms must be vacated and made available to the hotel by 10.30 am at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price (price as per the price list) for its use beyond the contractual period until 18:00, and 90% from 18:00 onwards. This does not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel has incurred no charge for use, or a significantly lower charge.

7 Liability of the hotel

7.1 The hotel shall be liable for damage resulting from loss of life, bodily injury or damage to health for which it is responsible. Furthermore, it shall be liable for any other damage arising from an intentional or grossly negligent breach of duty by the hotel, or from an intentional or negligent breach of the hotel’s obligations typical of the contract. Obligations typical of the contract are those obligations which are essential for the proper performance of the contract and on the fulfilment of which the customer relies and is entitled to rely. A breach of duty by the hotel is equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause 7. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation upon becoming aware of them or upon immediate complaint by the customer. The customer is obliged to make a reasonable contribution to remedying the disruption and to minimise any potential damage.

7.2 The hotel is liable to the customer for items brought onto the premises in accordance with statutory provisions. The hotel recommends the use of the hotel or room safe. Should the customer wish to bring in money, securities, and valuables worth more than €800, or other items worth more than €3,500, a separate storage agreement with the hotel is required.

7.3 Where a parking space is made available to the guest in the hotel garage or car park, whether free of charge or for a fee, this does not constitute a contract of safekeeping. In the event of loss or damage to motor vehicles parked or manoeuvred on the hotel premises, and to their contents, the hotel shall only be liable in accordance with the provisions of clause 7.1, sentences 1 to 4, above.

7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for guests are handled with care. The hotel may, subject to prior agreement with the guest, accept, store and – upon request – forward post and parcels for a fee. In this regard, the hotel shall only be liable in accordance with the provisions of clause 7.1, sentences 1 to 4, above.

8 Obligations of the customer

8.1 The guest is obliged to treat the room and the hotel furnishings with care and to leave them in a proper condition.

8.2 The consumption, possession, and/or dealing of illegal narcotics and other prohibited substances is strictly forbidden throughout the hotel and on the entire hotel grounds. In case of violation, the hotel is entitled to immediately terminate the hotel accommodation contract without notice and to expel the guest, without the customer being entitled to a refund of any fees already paid.

8.3 Smoking is prohibited in all rooms and enclosed public areas of the hotel. In case of violation, a special cleaning fee of at least EUR 150.00 will be charged.

8.4 The customer shall be liable for all damages caused to the hotel's property by them, their accompanying persons, or their visitors. This includes, in particular, damage, significant soiling, and contamination that goes beyond ordinary wear and tear.

8.5 The hotel is entitled to inspect the condition of the room during the customer's stay as part of routine room cleaning and if there is reasonable suspicion of breaches of these terms and conditions.

9 Final Provisions

9.1 Changes and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in writing. Unilateral changes or additions are invalid.

9.2 Place of performance and payment and exclusive place of jurisdiction – including for disputes concerning cheques and bills of exchange – for commercial transactions shall be Teltow. If the customer fulfils the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction within Germany, Teltow shall be deemed the place of jurisdiction.

9.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

9.4 In accordance with legal obligations, the hotel hereby points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes („OS platform“): http://ec.europa.eu/consumers/odr/ However, the hotel does not participate in dispute resolution proceedings before consumer arbitration bodies.

9.5 If individual provisions of these General Terms and Conditions are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties undertake to make a provision in place of the invalid or unenforceable provision that comes closest to the economic purpose of the invalid provision.