Terms and conditions
General terms of contract
Dear guest,
Your well-being is our entire aim with all the services we provide for you. So that you can be sure that everything is to your satisfaction, here 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 Application1. These General Terms and Conditions (GTC) apply to all services that the Landhotel Rittmeister (hereinafter “Hotel”) provides to the guest, the organizer and other contractual partners (hereinafter “Contractual Partner” or “Guest”). The services consist in particular of the provision of use of hotel rooms (accommodation) and other rooms for a fee, for example seminars, meetings, presentations, conferences, banquets and other events, the sale of food and drinks (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 related other services and deliveries of the hotel. The Landhotel Rittmeister is entitled to fulfill its performance obligations through third parties.
2. These General Terms and Conditions refer to all types of contracts such as hotel accommodation, package travel, allotment or event contracts that are concluded with the hotel. Once they have been effectively included, they apply in relation to guests who are not consumers within the meaning of Section 13 of the German Civil Code (BGB), even if no express reference is made to them. If German law does not necessarily apply to a contract with a guest, these General Terms and Conditions will always become part of the contract to the extent that 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 contract1. 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 or she is jointly and severally liable to the hotel together with the guest for all obligations arising from the contract, provided the hotel has a corresponding declaration from the third party. If the contractual partner concludes a so-called contingent contract, he is liable for all damage that the end user culpably causes.
3. The subletting or subletting or the use of the rooms and other premises provided by third parties, whether for payment or free of charge, as well as the use for purposes other than accommodation is only permitted if the hotel expressly permits this. The hotel has free discretion, which can be revoked at any time.
§ 3 Provision of services, prices, payments, offsetting and assignment1. The prices of the respective services are determined according to the hotel's price list valid at the time the service is provided, unless otherwise agreed in writing. Services that are not listed in the price lists and are not regularly or permanently offered at standardized prices will only be provided against the contractually agreed or, alternatively, against the usual and appropriate remuneration. All prices in the price list include: Currently valid statutory sales tax, unless otherwise stated. Increases in sales tax are at the expense of the contractual partner. If the period between conclusion of the contract and the first contractual service exceeds 120 days, the hotel has the right to increase prices up to a maximum of 15%. Subsequent changes to the services may lead to changes in the prices. When concluding the contract, the hotel is entitled to demand an advance payment or security deposit from the contractual partner of up to 100% of the contractual partner's total payment obligation or an amount based on an estimate by the hotel. The amount of the advance payment and the payment dates can be recorded in the contract.
2. If the contractual partner has booked within a period during which a trade fair, major event or other event is taking place, or has this event or event been made the basis of the contract in the contract and is canceled after conclusion of the contract for reasons for which the hotel is not responsible , such an event is postponed in terms of time or venue, this contract does not automatically apply to the new period, unless the hotel is able to fulfill the agreed services at this time and the hotel notifies the guest of the change and thus the continuation of the contract confirmed. If the service is not possible, especially if the booked rooms have already been rented to third parties for the different period, the parties can withdraw from the contract without giving reasons. The hotel also considers withdrawal if the different date or period is not confirmed. The assertion of claims against the other party is then excluded. This does not apply to benefits that have already been granted. These must be refunded or paid for.
3. The hotel's payment claim is due immediately upon receipt of the respective invoice without deduction, even if this is not specifically noted on the invoice. An invoice is deemed to have been received by the invoice recipient no later than three days after dispatch, unless earlier or later receipt can be proven. In the event of late payment, the statutory regulations 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 due for each reminder. Invoices must generally be paid immediately in cash, via 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 in question or if appropriate advance payments have been made. A refund for services not used is excluded. The hotel may allow other payment methods.
6. The contractual partner can only set off a claim from the hotel if his claim is undisputed and legally established. This applies analogously 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 prior written consent.
7. If the contractual partner uses a credit card to pay for products requiring advance payment (e.g. general orders with advance payment or guaranteed bookings) without physically presenting it (e.g. via telephone, Internet, etc.), the contractual partner is not entitled to do so in relation to the hotel to its credit card company to revoke this burden. If the claim is not settled, a contract is considered revoked unless the hotel declares that it is sticking to the contract.
§ 4 Cancellation of Services / Reduction of Services1. Reservations made by the contractual partner are binding for both contracting parties. In the event of a cancellation or reduction by the contractual partner, the contractual partner must 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 ordered services 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 ordered services 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 proof that the damage to the hotel does not exist or is less. The hotel is entitled to provide proof of a higher extent of damage.
3. If the hotel can otherwise provide the canceled service to third parties within the agreed period, the contractual partner's compensation will be reduced by the amount that these third parties pay for the canceled service, up to a maximum of no more than the entire compensation.
4. Irrespective of the above-mentioned compensation, the contractual partner has to pay a flat processing fee of € 50.
§ 5 Withdrawal / termination by the hotel1. According to the legal regulations, the hotel is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314 BGB) if
a) the contractual partner does not provide a due service,
b) fulfillment of the contract is impossible due to force majeure, strikes or other circumstances for which the hotel is not responsible,
c) the contractual partner provides misleading or false information about essential data or other information or omits essential information,
d) the contractual partner uses the name of the hotel for advertising purposes without prior written consent,
e) rooms covered by the contract are sublet in whole or in part without the written consent of the hotel or are not used in accordance with the contract,
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 withdrawal/termination immediately, if possible within 14 days of becoming aware of the reason. Termination of the contract by the hotel does not give rise to any claims by the contractual partner for damages or other compensation. The hotel's claim for compensation for damage incurred and expenses incurred remains unaffected.
§ 6 Liability of the hotel, items brought in, statute of limitations1. 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) which are based on the violation of essential contractual obligations. In these cases, liability is limited to the foreseeable damages 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. Liability exclusions and limitations apply equally to all companies used by the hotel to fulfill its contractual obligations, their subcontractors and vicarious agents. They do not apply if the hotel guarantees the quality of an item or work or if errors are fraudulently concealed.
5. The contractual partner is obliged to report any visible defects to the hotel immediately, at the latest upon departure. If the defect is not reported, cannot be verified, is incorrect or is delayed, this excludes, to the extent permissible, any claims of the contractual partner.
6. The hotel is liable to the customer in accordance with the statutory provisions for items brought in, which is up to one hundred times the room price for one day, a maximum of €3.500,00, and for money, securities and valuables up to €800,00. 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 obligation to pay compensation does not apply if the loss, destruction or damage is caused by the guest, a companion of the guest or a person whom the guest has hosted, or by the nature of the items or by force majeure. Otherwise, the regulations of §§ 701 ff BGB apply. The liability claims expire if the customer does not immediately report the loss, destruction or damage to the hotel after becoming aware of it (§ 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 arising from or in connection with the contract expire after one year, starting with 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 became aware of them without gross negligence should have.
§ 7 Supplementary Special ProvisionsSpecial provisions apply to certain contracts and business transactions (such as the event conditions and the hotel accommodation contract), which are part of the general contractual conditions and apply to the business transactions and contracts. As far as possible, these provisions and the General Terms and Conditions also apply in cases in which they apply analogously to such business transactions and contracts, even if they are not expressly intended for them.
§ 8 Place of fulfillment and payment, place of jurisdiction, ancillary agreements, partial ineffectiveness1. 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. If individual provisions of the contract, including these terms and conditions, are invalid, this will not affect the effectiveness of the remaining provisions. The parties will immediately replace the invalid provisions with effective ones that come as close as possible to the intended purpose and their economic significance. The same applies if there are loopholes in the contract.
Rostock, July 1, 2023