Terms & Conditions
General terms of contract
Your well-being is our whole endeavor with all the services that we provide for you. So that you can be sure that everything turns out to be to your satisfaction, you will find the general contractual conditions on which we base these services and the special conditions for certain individual services.
General Terms and Conditions (AVB)
§ 1 Application
1. These general terms and conditions (AVB) apply to all services that the Landhotel Rittmeister (hereinafter referred to as "hotel") provides to the guest, the organizer and other contractual partners (hereinafter referred to as "contractual partner" or "guest"). The services include, in particular, the provision of hotel rooms (accommodation) and other rooms for a fee for e.g. seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B) also outside the home (e.g. catering), the organization of cultural and sporting events and other programs, the implementation of special health-promoting measures or comparable offers as well as for all other related services and deliveries by the hotel. The Landhotel Rittmeister is entitled to fulfill its performance obligations through third parties.
2. These GTC relate to all types of contract such as hotel accommodation, package travel, contingent or event contracts that are concluded with the hotel. As soon as they have been effectively included, they are used in relation to guests who are not consumers within the meaning of Section 13 BGB, even if they are not expressly referred to. If German law does not necessarily apply to a contract with a guest, these GTC will always become part of the contract, insofar as this can be waived, even if they are not expressly referred to.
3. General terms and conditions of a contractual partner do not apply, even if they are not expressly contradicted in individual cases. Counter-confirmations by the contractual partner with reference to its terms and conditions are hereby rejected.
§ 2 Conclusion of contract
1. In principle, the respective contract comes into existence after an explicit oral or written request or order from the contractual partner and upon acceptance by the hotel. The hotel is free to accept the application or order in writing, verbally, in text form (e-mail, fax) or conclusively, e.g. by providing the service.
2. If a third party has ordered for the guest, he and the guest are jointly and severally liable to the hotel for all obligations under the contract, provided that the hotel has received a corresponding declaration from the third party. If the contractual partner concludes a so-called contingent contract, he is liable for all damage culpably caused by the end user.
3. The subletting or re-letting or the free use of the rooms and other rooms by third parties as well as the use for purposes other than accommodation is only permitted if the hotel expressly permits this. The hotel has its own discretion.
§ 3 Provision of services, prices, payments, offsetting and assignment
1. The prices of the respective services are based on the hotel's price list valid at the time the service is provided, unless otherwise agreed in writing. Services that are not offered in the price lists are only provided against the contractually agreed, alternatively against the local and appropriate remuneration. All prices include the z. Currently valid sales tax. Increases in sales tax are at the expense of the contractual partner. If the period between the conclusion of the contract and the first contractual performance exceeds 120 days, the hotel has the right to increase prices up to a maximum of 15%. Subsequent changes to the services can lead to changes in prices. When the contract is concluded, the hotel is entitled to request an advance payment or security deposit of up to 100% of the contractual partner's total payment obligation. The amount of the advance payment and the payment dates can be specified in the contract.
2. If the contracting party has booked within a period during which a trade fair, a major event or other event is taking place, this event or this event is made the contractual basis in the contract and, after conclusion of the contract, for reasons for which the hotel is not responsible, If such an event is postponed, this contract does not automatically apply to the new period, unless the hotel is able to perform the agreed services at this point in time and the hotel notifies the guest of the change. If the service is not possible, especially if the booked rooms have already been rented to third parties for the new period, the parties can withdraw from the contract without giving reasons. The assertion of claims against the other party is then excluded. This does not apply to services already granted. These are to be reimbursed or remunerated.
3. The hotel's payment claim is due immediately after receipt of the respective invoice without deduction. An invoice is deemed to have been received by the recipient of the invoice no later than three days after it has been sent, unless earlier receipt can be proven. In the event of default in payment, the statutory rules apply.
4. The creation of a total invoice does not release the guest from the timely payment of the individual invoices. A delay in payment of even just one individual invoice entitles the hotel to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit of up to 100% of the outstanding payment.
5. A reminder fee of € 10,00 is owed for each reminder. In principle, invoices are to be paid immediately in cash, with EC cash or by credit card. The hotel is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators are only accepted if there is a credit agreement with the company concerned or if appropriate advance payments have been made. A reimbursement of unused services is excluded.
6. The contractual partner can only offset a claim by the hotel if its claim is undisputed or has been legally established. This applies mutatis mutandis to the exercise of a right of retention due to the contractual partner's own claims. Claims and other rights may only be assigned with the hotel's written consent.
7. If the contractual partner uses a credit card to pay for products with a prepayment obligation (e.g. general orders with prepayment or guaranteed booking) without presenting it physically (e.g. via telephone, Internet, etc.), the contractual partner is not entitled to contact his credit card company in relation to the hotel to revoke this burden.
§ 4 Cancellation of Services / Reduction of Services
1. Reservations made by the contractual partner are binding for both contractual partners. In the event of cancellation or reduction by the contractual partner, the latter has to pay the following compensation:
a) No compensation if the written cancellation or reduction is received by the hotel up to (and including) 90 days before the start of the service period
b) Compensation in the amount of 50% of the value of the services ordered if the written cancellation or reduction is received by the hotel between 30 and 89 days before the start of the service period
c) Compensation in the amount of 70% of the value of the services ordered, if the written cancellation or reduction is received by the hotel between ten and 29 days before the start of the service period
d) Compensation in the amount of 90% of the value of the services ordered if the written cancellation or reduction is received by the hotel less than ten days before the start of the service period.
2. The contractual partner is entitled to provide evidence that the damage to the hotel has not occurred or is less.
3. If the hotel is otherwise able to provide the canceled service to third parties in the agreed period, the contractual partner's compensation is reduced by the amount that these third parties pay for the canceled service, up to a maximum of until the total compensation is no longer applicable.
4. Irrespective of the above-mentioned compensation, the contractual partner has to pay a flat processing fee of € 50.
§ 5 Withdrawal / termination by the hotel
1. According to the statutory provisions, the hotel is entitled to withdraw from the contract (Section 323 BGB) or to terminate the contract (Section 314) if
a) the contractual partner does not provide a due service,
b) the fulfillment of the contract is impossible due to force majeure, strike or other circumstances for which the hotel is not responsible,
c) the contractual partner provides misleading or false information about essential data,
d) the contractual partner uses the name of the hotel for advertising purposes without prior written consent,
e) contractual rooms are fully or partially sublet without the written consent of the hotel,
f) the hotel has justified cause to believe that the use of the hotel service could endanger the smooth business operations, the security or the public image of the hotel.
2. The hotel must inform the contractual partner in writing of the exercise of the withdrawal / termination immediately, at the latest within 14 days after the reason becomes known. Cancellation of the contract by the hotel does not give rise to any claims by the contractual partner for damages or other compensation payments. The hotel's claim to compensation for damage incurred and the expenses incurred remains unaffected in the event of the justified termination of the contract.
§ 6 Liability of the hotel, items brought in, statute of limitations
1. The hotel is only liable for all legal and contractual claims in the event of willful or grossly negligent behavior.
2. As an exception, the hotel is liable for slight negligence in the event of damage,
a) based on the violation of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical of the contract,
b) due to injury to life, body or health.
3. The hotel is not liable for consequential or indirect damage.
4. Exclusions and limitations of liability apply equally in favor of all companies employed by the hotel to fulfill its contractual obligations, their subcontractors and vicarious agents. They do not apply if the hotel assumes a guarantee for the quality of an item or a work or in the case of fraudulently concealed errors.
5. The contractual partner is obliged to report any recognizable defects to the hotel immediately, at the latest on departure.
6. The hotel is liable to the customer for property brought in according to the statutory provisions, that is up to one hundred times the room rate, up to a maximum of € 3.500,00, and up to € 800,00 for money, securities and valuables. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € 2000,00. The hotel recommends that you use this option. The liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of loss, destruction or damage (§ 703 BGB).
7. If the customer is provided with a parking space in the hotel garage or on a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence.
8. All claims of the contractual partner against the hotel from or in connection with the contract expire after one year, beginning at the end of the year in which the claim arose and the contractual partner became aware of the circumstances giving rise to the claim or obtained them without gross negligence had to have.
§ 7 Supplementary Special Provisions
For certain contracts and business transactions, special provisions apply (such as the event conditions and the hotel accommodation contract) which are part of the general terms and conditions and apply to the business transactions and contracts through these. As far as possible, these provisions and the General Terms and Conditions also apply in those cases in which they apply mutatis mutandis to business transactions and contracts for which they are not expressly intended.
§ 8 Place of fulfillment and payment, place of jurisdiction, ancillary agreements, partial ineffectiveness
1. The place of fulfillment and payment is the seat of the hotel for both parties.
2. German law applies.
3. The place of jurisdiction is Rostock, insofar as the parties involved may make provisions about this.
4. Should individual provisions of the contract, including these terms and conditions, be ineffective, this shall not affect the validity of the remaining provisions. The parties will immediately replace the ineffective provisions with effective provisions that come as close as possible to the intended purpose and their economic significance. The same applies in the event that there are loopholes in the contract.
Rostock, October 1, 2010