General Terms and Conditions
Alter Meierhof Vitalhotel GmbH & Co. KG
1. These General Terms and Conditions of Business (GTCs) apply to all services provided by Vitalhotel Alter Meierhof for its guests, organisers and other contractual partners. These services include in particular the transfer of use of hotel rooms and other facilities against a charge for seminars, meetings, presentations, conferences, banquets and other events, the sale of food and drink (F&B), the organisation of cultural and sports events and other programmes, the implementation of special health-related measures or comparable offerings and all other related services and supplies provided by Vitalhotel Alter Meierhof. Vitalhotel Alter Meierhof is entitled to have its services executed by third parties. 2. The subletting or re-letting of transferred rooms and their use for purposes other than lodging requires the prior written consent of the hotel, where Section 540(1) sentence 2 of the German Civil Code (BGB) shall be waived. 3. The general terms and conditions of business of the customer shall only apply if this has been expressly agreed in advance in writing. 4. Customers within the meaning of these Terms and Conditions of Business are both consumers and businesses as defined by Sections 13 and 14 BGB. 5. These GTCs apply to all types of contracts concluded with Vitalhotel Alter Meierhof, including hotel contracts, package travel contracts, block booking contracts and event contracts. These GTCs also apply to all future transactions with contractual partners.
II. Conclusion of the contract
1. The contract is concluded when the hotel accepts the customer's offer. If the hotel makes a binding offer to the customer, the contract is concluded when this offer is accepted by the customer. Room bookings should be confirmed in writing. 2. The contractual partners are the hotel and the customer. If a third party has made an order on behalf of the customer, the customer shall be liable towards the hotel together with the third party as joint and several debtor for all obligations arising from the hotel contract, insofar as the third party made a corresponding declaration to the hotel.
III. Services, prices, payments, use of rooms, transfer of rooms, departure
1. Rooms are provided exclusively for lodging purposes. 2. On the day of arrival booked rooms shall be available to the contractual partner from 3 PM on Monday to Saturday and from 4 PM on Sundays and public holidays. The SPA area can be used on the day of arrival from midday onwards. 3. On the day of departure rooms must be vacated by 11 AM at the latest. If the contractual partner fails to do so, Vitalhotel Alter Meierhof may charge the daily room rate for the further use of the room up to 3 PM in addition to any damage incurred as a result of this. The hotel may charge 100 % of the full lodging price (advertised price) after 3 PM. 4. The hotel is obliged to have the rooms booked by the customer ready and provide the agreed services. 5. The customer is obliged to pay the applicable or agreed prices of the hotel for the transfer of rooms and other services utilised by the customer. This also applies to services organised by the customer and expenses paid to third parties by the hotel. The agreed prices include taxes as applicable at the time of concluding the contract. Local taxes that must be paid by the guest in accordance with local law, such as visitors tax, are not included. 6. Hotel invoices with no due date are to be paid without deduction within 10 calendar days of receipt of the invoice. The hotel is entitled to declare accumulated debts due at any time and demand immediate payments. In the event of a delay in payment, the hotel is entitled to demand statutory default interest as applicable at the time, currently in the amount of 9 percentage points, or, in the case of legal transactions with a consumer, in the amount of 5 percentage points above the base rate. Moreover, the hotel may assert a fee of € 5.00 for each written reminder in the event of default. The hotel shall have the right to furnish evidence of and assert higher damages. 7. In consideration of legal provisions on package tours, the hotel is entitled to demand an appropriate advance payment or deposit upon conclusion of the contract or at a later point in time. The amount of the advance payment and the payment deadlines can be agreed in the contract in writing. 8. The customer may only offset undisputed or legally established claims against claims on the part of the hotel.
IV. Withdrawal, cancellation, reduction
1. Reservations made by the contractual partner are binding on both contractual partners. If a right of withdrawal has not been agreed or if such has expired, there shall be no statutory right of withdrawal or termination. Moreover, if Vitalhotel Alter Meierhof does not agree to the cancellation of the contract, Vitalhotel Alter Meierhof shall be entitled to the agreed remuneration in spite of the non-utilisation of the service. Vitalhotel Alter Meierhof must offset income received from other room rental charges and saved expenditure against the agreed remuneration. If it does not receive income from other room rental charges, Vitalhotel Alter Meierhof may make a fixed deduction to take account of saved expenditure. In such a case, the contractual partner must pay the following proportion of the contractually agreed overall price for lodging including breakfast: a) Days other than public holidays and special events (Martin-Luther-King, Luther & Friends, Yoga Retreat): 80 % of the contractually agreed overall price if Vitalhotel Alter Meierhof receives written notification of the cancellation or reduction less than 3 days (by 6 PM) before the service period. b) On public holidays and special events (Martin-Luther-King, Luther & Friends, Yoga Retreat): 80 % of the contractually agreed overall price if Vitalhotel Alter Meierhof receives written notification of the cancellation or reduction less than 28 days (by 6 PM) before the service period. 2. The contractual partner shall have the right to demonstrate that the above claim did not arise or did not arise in the requested amount. 3. Insofar as the hotel calculates the compensation precisely, the amount of the compensation shall be no higher than the contractually agreed price for the service provided by the hotel less the value of the expenditure saved by the hotel and any income gained by the hotel from other uses of the hotel's services. 4. The above regulations on compensation apply accordingly if the guest does not use the booked room or the booked services without providing due notice of this. (No Show).
V. Withdrawal by the hotel
1. Insofar as Vitalhotel Alter Meierhof can otherwise provide the cancelled service to third parties in the agreed period, the compensation to be paid by the contractual partner shall be reduced by the amount that these third parties pay for the cancelled service, but by no more than the full amount of the compensation. 2. Insofar as a free right of withdrawal has been agreed in writing for the customer for use within a specific period, the hotel shall, for its part, also be entitled during this period to withdraw from the contract at no charge if other customers make enquiries about the contractually booked rooms and the customer does not waive his or her right of withdrawal within 2 weeks upon request by the hotel. If the customer allows this period to elapse without taking action, the hotel shall be entitled to withdraw from the contract. 3. If an advance payment or deposit has been agreed or demanded pursuant to III. (7) and this has not been provided following the expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract. 4. Moreover, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, including in particular if: force majeure or other circumstances for which the hotel is not responsible arise that make the fulfilment of the contract impossible; - rooms are culpably booked on the basis of misleading or incorrect information or withheld material facts (e.g. relating to the identity of the customer, his or her ability to pay or the purpose of the stay); - Vitalhotel Alter Meierhof has reasonable grounds to assume that the use of the hotel's service will damage the smooth operations, safety or image of the hotel.
VI. Liability of the hotel
1. Should it cause damage, Vitalhotel Alter Meierhof shall be liable for intent and gross negligence – including that of its vicarious agents – in accordance with statutory provisions. The same applies to negligently caused damage arising from injury to life, limb or health. In the event of negligently caused personal injuries or damage to property, Vitalhotel Alter Meierhof and its vicarious agents shall only be liable if a material contractual obligation has been breached and this liability shall be limited in amount to damage that is typical for the contract and foreseeable upon conclusion of the contract. Material contractual obligations are obligations whose fulfilment affects the contract and the customer may expect. Should the hotel's services be faulty or subject to disruptions, the hotel shall endeavour to seek a remedy as soon as it becomes aware of this or is notified by the customer. The customer is obliged to make reasonable efforts to rectify the disruption and minimise potential damage, and to notify the hotel of all disruptions and damage without delay. 2. The hotel shall be liable towards the customer for items brought by the customer in accordance with the statutory provisions of Sections 701 et seqq. BGB up to a maximum amount of € 3,500.00. This amount shall be reduced to € 800.00 for cash, securities and valuables. Should the guest wish to bring cash, securities or valuables with a value of more than € 800.00 or other items with a value of more than € 3,500.00, a separate safekeeping agreement must be concluded with the hotel. It is recommended that items are stored in the hotel safe or room safe. The above regulation in VI. (1) applies to further liability on the part of the hotel. 3. Insofar as the customer is provided with a parking space in the hotel garage or a hotel car park, this does not result in the conclusion of a safekeeping agreement, even if the parking carries a charge. If vehicles that are parked or moved on the hotel property are lost or damaged, including their contents, the hotel shall only be liable in accordance with VI. (1). 4. Liability on the part of Vitalhotel Alter Meierhof for subsequent damage or indirect damage is excluded. 5. The contractual partner is obliged to notify the hotel of obvious defects without delay, and no later than upon departure. VII. Additional provisions for package travel contracts 1. If the service obligation of Vitalhotel Alter Meierhof includes the organisation of a leisure programme for a charge in addition to the provision of board and lodging, a package travel contract shall be concluded. 2. The contractual partner may not assert any claims on account of changes, deviations or reductions made to individual services under the package travel contract if these changes, deviations or reductions are required following the conclusion of the contract and are only minor in scope. 3. italhotel Alter Meierhof is not liable for damage suffered by the contractual partner during the use of a special service provided by a third party. In this respect the contractual partner should assert his or her claims against the organiser of the special service.
VIII. Additional provisions for event services
1. It is possible to withdraw from the event contract free of charge up to 3 month (90 days) before the date of the event. If the customer withdraws from the contract less than 3 month (89 days) before the date of the event, the hotel shall be entitled to invoice 40% of the previously booked services. In the event of withdrawal less than 2 month (59 days) before the date of the event, 80 % of the overall price shall be charged. In the event of withdrawal 7 days or less before the start of the event, 100 % of the overall price shall be charged. If a price has not been agreed for the menu, the most inexpensive three -course menu offered as part of the event shall be taken as a basis and invoiced in accordance with the above percentages. 2. Change in the number of participants: The number of participants given when an offer is submitted or booking made may be reduced by no more than 20 %. Moreover, Vitalhotel Alter Meierhof reserves the right to amend the price for the service. The number of persons specified up to 3 days before the event shall correspond to the number of persons for which a charge is incurred (however, this shall not be the case if there are more guests). The customer has the right to reduce the agreed price by expenditure saved due to a reduction in the number of participants. The customer must provide evidence of these savings. In the event of an increase in the number of participants, charges shall be incurred for the actual number of participants. 3. Insofar as the hotel procures technical and other equipment from third parties for the customer at the request thereof, it shall act on behalf of, with the authority of and for the account of the customer. The customer shall be liable for the careful handling and proper return of the equipment and shall release the hotel from all third-party claims resulting from the transfer of this equipment. 4. The use of the customer's own electrical devices, where such are powered by the hotel's electricity, shall require the hotel's written consent. Faults or damage to the hotel's technical systems caused by the use of these devices shall be borne by the customer, insofar as the hotel is not responsible. The hotel may record and charge a flat fee for the electricity costs resulting from this use. 5. With the consent of Vitalhotel Alter Meierhof, the customer may use personal telephone, fax and data transmission equipment. Vitalhotel Alter Meierhof may charge a connection fee for this. Faults in technical or other equipment provided by Vitalhotel Alter Meierhof shall be eliminated immediately insofar as possible. Payments cannot be withheld or reduced insofar as Vitalhotel Alter Meierhof is not responsible for these faults. 6. If the customer is a company, it shall be liable for all damage to buildings or fixtures caused by event participants or visitors, employees, other third parties in its sector or the customer itself. The hotel may demand the provision of reasonable securities (e.g. insurance, deposits, guarantees). 7. Exhibits or other (personal) items brought by the customer shall be the responsibility of the customer in the event rooms at Vitalhotel Alter Meierhof. Vitalhotel Alter Meierhof assumes no liability for loss, destruction or damage, including for financial losses, other than in the event of gross negligence or intent on the part of Vitalhotel Alter Meierhof. This does not include damage resulting from injury to life, limb, health or freedom. Moreover, all cases in which safekeeping constitutes a duty typical for the contract on account of the circumstances of the individual case are excluded from this exemption from liability. Decoration material brought by the customer must comply with fire safety requirements. Vitalhotel Alter Meierhof is entitled to demand official evidence of this. If such evidence is not provided, Vitalhotel Alter Meierhof shall be entitled to remove such material at the customer's expense. The installation and affixing of items should be coordinated in advance with Vitalhotel Alter Meierhof because of the risk of potential damage. Exhibits or other items brought by the customer must be removed immediately following the end of the event. If the customer fails to do so, Vitalhotel Alter Meierhof may remove and store these items at the expense of the customer. If items are left in the event room, Vitalhotel Alter Meierhof may charge reasonable usage fees for the time such are left. The customer shall have the right to demonstrate that the above claim did not arise or did not arise in the requested amount.
IX. Severability clause
Should individual provisions of these General Terms and Conditions of Business for the hotel contract be or become invalid or void, this shall not affect the validity of the other provisions. Statutory regulations also apply.
X. Place of fulfilment and payment
The place of fulfilment and payment for both parties shall be the registered office of Vitalhotel Alter Meierhof.
XI. Place of jurisdiction
The exclusive place of jurisdiction shall be Flensburg in commercial dealings. Insofar as a contractual partner meets the requirement of Section 38(2) of the Code of Civil Procedure (ZPO) and does not have a more general place of jurisdiction, the place of jurisdiction shall be the registered office of Vitalhotel Alter Meierhof.
XII. German law
German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of law regulations is excluded.
Glücksburg, July 2016