AVB
General terms of contract
As your hosts, our entire focus is on your well-being - with all the services we provide for you. So that you can be sure that everything will be to your satisfaction, you will find here the general terms and conditions that we base these services on, as well as the special conditions for certain individual services.
General Terms and Conditions (AVB)
§ 1 Application
1. These General Terms and Conditions (GTC) apply to all services that Rittmeister-Hotel GmbH (hereinafter referred to as "hotel", "we" or "us") provides to the guest, the organizer and other contractual partners (hereinafter referred to as "contractual partner" or "guest"). The hotel is prepared to accept as guests and contractual partners legal entities or natural persons who are of legal age and have full legal capacity. Minors are particularly prohibited from purchasing and consuming alcoholic beverages.
The hotel's services consist in particular of the use of hotel rooms (accommodation) and other rooms for seminars, meetings, presentations, conferences, banquets and other events, the sale of food and drinks (F&B) also outside the hotel (e.g. catering or Rittmeister kitchen for home or office), the organization of cultural and sporting events, information events and other programs, the implementation of special health-promoting measures or similar offers as well as all other related services and deliveries of the hotel. The Landhotel Rittmeister is entitled to fulfill its service obligations through third parties.
2. These General Terms and Conditions apply to all types of contracts, such as hotel accommodation, package travel, quota or event contracts, which are concluded with the hotel. It is irrelevant whether the contractual relationship is referred to as a hotel accommodation contract, accommodation contract, hotel contract, hotel room contract, hotel rental contract or in any other way; the corresponding contract designations are covered and replaced by the designations used in these General Terms and Conditions. In particular, the General Terms and Conditions also extend to contractual relationships that do not include one or more overnight stays. Once they have been effectively included, they apply to guests who are not consumers within the meaning of Section 13 of the German Civil Code, even if they are not expressly referred to. If German law does not necessarily apply to a contract with a guest, these General Terms and Conditions always become part of the contract, insofar as this can be waived, even if they are not expressly referred to.
3. The 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 their general terms and conditions are hereby contradicted.
§ 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 made a booking for the guest, he or she shall be jointly and severally liable to the hotel together with the guest for all obligations arising from the contract and, insofar as this can be effectively agreed, also for all other demands and claims.
If the contractual partner concludes a so-called contingent contract with the hotel, he is liable for all damages negligently caused by the end user.
3. Subletting or further letting, overnight stays or use of rooms and hotel rooms by third parties or for purposes other than those laid down in the contract or the paid or free use of the rooms or other premises by third parties as well as use for purposes other than accommodation require the prior consent or approval or other approval of the hotel. The same applies to all other areas, display cases, hotel facilities or other service areas. Interviews and sales or similar events require the prior written consent of the hotel. The hotel has free discretion in this regard, which can be revoked at any time.
§ 3 Provision of services, prices, payments, offsetting and assignment
1. 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 constantly offered at standardized prices will only be provided for the contractually agreed fee or, alternatively, for the usual and appropriate fee. All prices in the price list include the currently applicable statutory sales tax, unless otherwise stated. Increases in sales tax are borne by 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 by up to a maximum of 15%. Subsequent changes to the services can lead to changes in prices. The hotel is entitled to demand an advance payment or security deposit of up to 100% of the contractual partner's total payment obligation or an amount estimated by the hotel upon conclusion of the contract. The amount of the advance payment and the payment dates can be set out 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 claim for payment is due immediately after receipt of the respective invoice without deduction, even if this is not specifically noted on the invoice. This also applies to invoices that are not dated. An invoice is deemed to have been received by the invoice recipient no later than three days after it is sent, unless earlier or later receipt can be proven. In the event of late payment, the statutory provisions 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 euros is due for each reminder. Invoices must be paid immediately in cash, by EC-Cash or by credit card. In the event of late payment, the hotel is entitled to charge a flat rate of 25 euros for late payment surcharges and processing costs. Section 288 Paragraph 5 of the German Civil Code remains unaffected. The hotel is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators are only accepted if a credit agreement exists with the company in question or if corresponding advance payments have been made. Reimbursement of unused services is excluded. The hotel may accept other means of payment.
6. The contracting party may only offset a claim against the hotel if its claim is undisputed and legally binding. This applies analogously to the exercise of a right of retention due to the contracting party's own claims. Claims and other rights may only be assigned with the prior written consent of the hotel.
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 Services
1. Reservations made by the contracting party are binding for both contracting parties. Directive 2011/83/EU of the European Parliament remains unaffected. Please note that the 16-day right of withdrawal specified in Article 14 does not apply to hotel bookings. Only the hotel's regulations apply. If a date for free cancellation of the contract has been agreed between the hotel and the guest, the guest can withdraw from the contract up to this date without triggering any payment or compensation claims from the hotel. A cancellation notice must always be made in writing and, if received by the hotel, has the effect resulting from the following regulations: In the event of a cancellation or reduction by the contracting party, this party must pay the following compensation
a) at least the cancellation fees shown in the table at any time:
| Cancellation fee | Agreed performance |
| 90% | Overnight stay without additional services |
| 80% | Bed and breakfast |
| 70% | Overnight stay with half board |
| 60% | Overnight stay with full board |
If the written cancellation or reduction is received by the hotel up to and including 90 days before the start of the service period, the hotel may reduce these flat rates depending on the booking status.
If the booking includes services other than overnight stays and the associated meals, the following flat rate is agreed between the contracting parties:
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.
e) In the event of a no-show, i.e. if the guest fails to show up without cancelling, the full agreed price must be paid. If a specific service price has not been agreed, particularly for restaurant reservations, compensation must be paid in an appropriate amount to be determined by the hotel, for restaurant reservations in any case of at least 30 euros per registered person and meal, for hotel events the amount of the entrance fee or the regular price if this is higher than 30 euros. If the guest reserves the "Distillery" room exclusively, at least the price of the cheapest three-course menu for 15 people must be paid, or for the "Fireplace Room" for 25 people. If the cancellation is made earlier than 30 days before the reserved time, it is free of charge.
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 compensation mentioned above, the contractual partner must pay a flat-rate processing fee of 50 euros.
5. Unless otherwise agreed or communicated, hotel rooms are available to guests from 15 p.m. on the day of arrival. Guests are not entitled to earlier availability or to a specific room. On the day of departure, the hotel room and any other booked rooms must be vacated by 10.30:14 a.m. at the latest. After that, the hotel can charge 50% of the current regular room rate for use of the room beyond the contractual time until 100 p.m. due to the late vacating of the room, and XNUMX% thereafter. Further claims for damages remain unaffected.
§ 5 Withdrawal / termination by the hotel
1. 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 contracting party of the exercise of withdrawal/termination in writing immediately, if possible within 14 days of the reason becoming known. The cancellation of the contract by the hotel does not give rise to any claims by the contracting party for damages or other compensation. The hotel's claim for compensation for any damage incurred and the expenses incurred remains unaffected.
§ 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) 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 Provisions
1. Special provisions apply to certain contracts and business transactions (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 via these. As far as possible, these provisions and the general terms and conditions also apply in cases where they are applicable mutatis mutandis to such business transactions and contracts, even if they are not expressly intended for them.
Changes and additions to the contract or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the guest are invalid.
2. All claims against the hotel expire one year after the statutory limitation period begins, insofar as this is legally permissible. This does not apply to claims for damages or other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3. If the start or end times or the duration of events are changed, the hotel can charge an appropriate amount for the additional service, unless the hotel is at fault. If the guest is the organizer, he or she undertakes to inform the hotel immediately, but in any case no later than before the hotel declares the contract, and without being asked to do so, if the event is of a political, religious or ideological nature or of any other nature that may affect the interests of the hotel or its reputation or the reputation of employees, owners or shareholders. Advertisements, newspaper advertisements, publications and advertising measures that make a reference to the hotel require the prior written consent of the hotel without exception. If a guest violates the duty to provide information or if a publication is made without the required consent, the hotel has the right to cancel the event, whereby the claim for payment against the guest remains unaffected.
4. Guests may only connect their own electrical equipment to the hotel's network and use it with the hotel's consent. This does not apply to chargers for mobile phones, tablets and laptops, electric shavers or devices with a power consumption of up to 100 watts, provided they comply with the technical regulations and conditions in the Federal Republic of Germany and are not defective. Otherwise, the use of electrical equipment requires the hotel's consent. Any malfunctions or damage to the hotel's systems and facilities caused by the guest when using or commissioning electrical equipment and systems are the responsibility of the guest. The hotel may record and charge for the electricity costs incurred through use. If the hotel's own systems remain unused, a compensation fee may be charged.
If the hotel procures technical or other equipment from third parties at the request of the guest, it acts in the name, on behalf of or as an agent and on behalf of the guest. The guest is liable to the extent legally permissible and releases the hotel from all claims by third parties.
5. Guests are not allowed to bring food and drinks into the hotel, its facilities and equipment, in the parking lots and garages or in the outdoor area. Exceptions require the hotel's approval, in which case a contribution to cover overhead costs will be charged.
Exhibition or other (including personal) items brought by the guest are in the hotel or in event rooms and on the hotel premises at the guest's risk. The hotel accepts no liability for loss or damage, including financial losses, except in cases of gross negligence or intent. This excludes damage resulting from injury to life, body or health, insofar as this is legally required. In addition, cases in which storage represents a typical contractual service in individual cases are excluded from this. Items brought with you must be removed after the end of the event or stay. If this does not happen, the hotel may arrange for them to be removed and, if necessary, stored at the guest's expense. In appropriate cases, the guest will be informed, but in principle the hotel will keep quiet about the contracts concluded with them and their implementation. If items remain in an event room or traffic or open space, the hotel can charge appropriate compensation for use for the duration of the withholding.
6. Non-guaranteed reservations expire at 18 p.m. on the day of arrival. The hotel reserves the right to reassign all services not requested by 18 p.m.
7. The hotel is a non-smoking hotel, with the exception of the smoking lounge. Smoking is prohibited throughout the entire complex, with this exception. If guests smoke in their room, they will be responsible for cleaning costs of at least 70 euros. If the room or other rooms cannot be rented or used for contractual purposes the next day due to the smell of smoke or damage caused by embers or ash, the corresponding list price will be charged in addition. Any discounts granted do not apply in this case. Further claims for damages remain reserved.
All rooms are connected to a fire alarm system. If smoking triggers an alarm, the costs incurred and any directly related costs, in particular costs for the deployment of fire services or costs for restoring the building to operational status, are borne solely by the guest.
8. The hotel operates a LAN and a WLAN system. The hotel allows guests access to the Internet for the duration of their stay in the hotel by special agreement. Virus protection and firewalls are not provided. The data traffic generated is unencrypted. Use is at the guest's own risk. The hotel accepts no liability for damages. The guest is solely responsible for the information transmitted via data traffic, in particular personal data, for the services used via it and for legal transactions. Shared use can be revoked at any time. By registering in the system, the guest agrees to the terms of use.
The guest is not authorized to allow third parties to use the service, and in particular not to pass on a password. The responsibility for transmitted data remains with the password recipient.
The hotel cannot guarantee the availability and reliability of access and in particular cannot guarantee the speed of upload or download.
As operator, the hotel is obliged to log all usage data and store it for six months.
The guest indemnifies the hotel against all damages and claims from third parties that are based on the illegal use of the LAN or WLAN or on a violation of these conditions. If the guest recognizes that such a violation of law is imminent, he or she must notify the hotel immediately.
§ 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. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws or similar is excluded.
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, 1 August 2024