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stilwerk Hotel Heimhude

TERMS AND CONDITIONS OF ACCOMMODATION

The following terms and conditions shall, insofar as they are effectively agreed, form part of the accommodation contract concluded in the event of a booking between the guest and BH BETRIEBSGESELLSCHAFT UG — hereinafter abbreviated as “stilwerk Hotel Heimhude”. Please therefore read these terms carefully.


§ 1 SCOPE OF APPLICATION

  1. These terms and conditions apply to all services provided by BH Betriebsgesellschaft UG (haftungsbeschränkt), hereinafter referred to as “stilwerk Hotel Heimhude”. The services provided by stilwerk Hotel Heimhude to the guest, the organizer and other contractual partners include in particular the rental of hotel rooms and other premises for presentations, small trade fairs, seminars, meetings, conferences, banquets and other events, the sale of food and beverages, and the support and organization of cultural and sporting events and other programs. stilwerk Hotel Heimhude is entitled to have its services performed by third parties.
  2. The subletting or re-letting of the rooms and areas provided requires the prior written consent of stilwerk Hotel Heimhude. At its own discretion, stilwerk Hotel Heimhude may grant a written exception upon request.
  3. These terms and conditions apply to all types of contracts concluded with stilwerk Hotel Heimhude, such as accommodation contracts, package travel contracts, allotment contracts or event contracts. These terms and conditions shall also apply to all future transactions with the contractual partner.
  4. Any general terms and conditions of the contractual partner shall not apply, even if stilwerk Hotel Heimhude does not expressly object to them. Any counter-confirmations by the contractual partner referring to its own general terms and conditions are hereby expressly rejected.

§ 2 CONCLUSION OF CONTRACT, LIABILITY, BROUGHT-IN ITEMS & LIMITATION PERIOD

  1. Offers made by stilwerk Hotel Heimhude are always non-binding.
  2. As a rule, the respective contract is concluded upon the oral or written application of the contractual partner and acceptance by stilwerk Hotel Heimhude. stilwerk Hotel Heimhude is free to confirm the application in writing, orally, in text form (email, fax) or implicitly by rendering the service.
  3. The contractual parties are stilwerk Hotel Heimhude and the respective contractual partner/customer. If the contractual partner is not the organizer itself, or if a commercial intermediary or organizer is engaged by the organizer, these parties shall be jointly and severally liable together with the organizer for all obligations arising from the contract. Within the scope of such an “allotment contract”, the contractual partner shall be liable for all damages culpably caused by the end user.
  4. A group booking exists where more than four rooms in one hotel operation are booked by one contractual partner/customer by means of one or more booking processes that are connected in terms of time and/or subject matter. This applies irrespective of the booking channel and may occur in person, by telephone, by fax, by email, in writing, via www.stilwerkhotels.com, via online portals and intermediary sites of third parties, or by other means.
  5. stilwerk Hotel Heimhude shall be liable for its obligations under the contract with the diligence of a prudent businessman. As a matter of principle, stilwerk Hotel Heimhude shall only be liable for statutory and contractual claims in cases of intent or gross negligence. Claims for damages by the contractual partner/customer are excluded. Excluded from this are damages resulting from injury to life, body or health if stilwerk Hotel Heimhude is responsible for the breach of duty, as well as other damages based on an intentional or negligent breach of typical contractual obligations by stilwerk Hotel Heimhude. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by stilwerk Hotel Heimhude. Should disruptions or defects occur in the services of stilwerk Hotel Heimhude, the hotel shall endeavor to remedy them upon becoming aware of them or upon immediate complaint by the customer. The contractual partner/customer is obliged to inform stilwerk Hotel Heimhude in due time of the possibility of exceptionally high damage and to minimize any possible damage.
  6. Liability of stilwerk Hotel Heimhude for consequential damages or indirect damages is excluded.
  7. Exclusions and limitations of liability shall apply equally in favor of all companies engaged by stilwerk Hotel Heimhude to fulfill its contractual obligations, their subcontractors and vicarious agents. They shall not apply where stilwerk Hotel Heimhude has assumed a guarantee for the quality of an item or work or in the case of fraudulently concealed defects.
  8. The contractual partner/customer is obliged to report recognizable defects in performance immediately, at the latest upon departure, to the hotel.
  9. The statutory provisions of Sections 701 et seq. of the German Civil Code (BGB) shall apply to items brought in by the contractual partner.
  10. Items left behind by the contractual partner/customer will only be forwarded upon request, at the risk and expense of the contractual partner, in accordance with statutory provisions. All claims of the contractual partner against stilwerk Hotel Heimhude arising out of or in connection with the contract shall become time-barred 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 should have become aware of them without gross negligence.

§ 3 EXTENSION OF USE, HANDOVER OF ROOMS & DEPARTURE

  1. Rooms are provided exclusively for accommodation purposes.
  2. The contractual partner/customer shall be liable to stilwerk Hotel Heimhude for all damages caused by the contractual partner or by third parties who receive services from stilwerk Hotel Heimhude at the contractual partner’s instigation.
  3. The contractual partner/customer has no claim to the use of specific rooms. If rooms are not available on the premises, stilwerk Hotel Heimhude shall inform the contractual partner immediately and offer equivalent replacement accommodation in a nearby hotel of the same category. If the contractual partner declines, stilwerk Hotel Heimhude shall reimburse the services already rendered by the contractual partner without delay.
  4. Booked rooms shall be available to the contractual partner from 3:00 p.m. on the day of arrival. Unless otherwise agreed, stilwerk Hotel Heimhude has the right to reallocate booked rooms after 6:00 p.m., without the contractual partner deriving any rights or claims therefrom.
  5. The guest is obliged to vacate the rooms by 11:00 a.m. on the day of departure at the latest. Late check-out is generally possible, but subject to availability and additional charges, which may be requested from the hotel staff.

§ 4 EVENTS

  1. For events where food and beverages are served, the organizer must inform stilwerk Hotel Heimhude of the number of participants and the menu selection no later than 10 working days before the event in a binding manner. If the number of participants exceeds the number agreed at the time of booking, this higher number shall only become part of the contract if stilwerk Hotel Heimhude agrees in writing. If stilwerk Hotel Heimhude does not agree, the contractual partner shall not be entitled to hold the event with a higher number of participants. If stilwerk Hotel Heimhude agrees, invoicing shall be based on the new agreement. Additional expenses may be charged. The contractual partner has no claim to such consent. Invoicing shall be based on the contractual agreements irrespective of notification of the number of participants.
  2. Reserved rooms shall be available to the contractual partner only within the period agreed in writing. Any use beyond this period requires the written consent of stilwerk Hotel Heimhude and shall generally only be granted against additional payment. Changes of room are possible insofar as they are reasonable for the contractual partner, taking into account the interests of stilwerk Hotel Heimhude.
  3. If the agreed start time of an event is postponed, stilwerk Hotel Heimhude shall be entitled to charge the contractual partner for all additional costs incurred as a result.
  4. For events extending beyond midnight, stilwerk Hotel Heimhude may charge EUR 50.00 plus statutory VAT for each service employee booked for each hour or part thereof. The contractual partner shall be liable to stilwerk Hotel Heimhude for additional services provided to event participants or to third parties in connection with the event.
  5. All events subject to GEMA fees must be registered by the organizer with GEMA in advance. GEMA fees shall be borne by the organizer. The organizer shall indemnify stilwerk Hotel Heimhude against all claims by GEMA. All official permits must be obtained by the contractual partner at its own expense, unless expressly agreed otherwise in writing. The contractual partner is responsible for complying with all relevant regulatory and legal requirements.
  6. The contractual partner is liable for the conduct of its employees, event participants and other assistants as for its own conduct. The hotel may require the contractual partner to provide appropriate security (e.g. insurance, deposits, guarantees).
  7. Packaging materials, exhibition items or other objects brought in must be removed after the end of the event. If the organizer fails to do so, stilwerk Hotel Heimhude shall be entitled to arrange removal and storage at the organizer’s expense. If objects or packaging remain in the event room, stilwerk Hotel Heimhude may charge room rental for the duration they remain. The organizer shall be entitled to prove that lower damage was incurred. To prevent damage, the attachment and installation of decorative materials or other objects must be coordinated with stilwerk Hotel Heimhude in advance. Objects brought in for an event, such as decorative material, must comply with all relevant regulations. Disturbances or defects in facilities provided by stilwerk Hotel Heimhude shall be remedied insofar as possible. The contractual partner may not derive any claims from this. stilwerk Hotel Heimhude does not provide insurance cover for brought-in objects. It is solely the contractual partner’s responsibility to obtain any necessary insurance.
  8. The use of the organizer’s own electrical equipment requires the written consent of the hotel management before connection to the power supply of stilwerk Hotel Heimhude. The electricity consumption incurred shall be charged according to the applicable provision and working prices charged to stilwerk Hotel Heimhude by the utility company. stilwerk Hotel Heimhude is free to record and charge this on a flat-rate basis. Disruptions or defects to the technical systems of stilwerk Hotel Heimhude caused by such connection shall be borne by the contractual partner/customer.
  9. If stilwerk Hotel Heimhude procures technical or other equipment from third parties for the contractual partner, stilwerk Hotel Heimhude acts in the name and on the account of the contractual partner/customer. The contractual partner/customer shall be liable for the careful handling and proper return of the equipment and shall indemnify stilwerk Hotel Heimhude against all claims by third parties upon first written request. Liability of stilwerk Hotel Heimhude for late procurement or defects in procured equipment is excluded.
  10. Bringing own food and beverages to events is only permitted with the express permission of the hotel management and is subject to additional charges.
  11. Any form of advertising, information or invitations that establish a connection to stilwerk Hotel Heimhude, in particular through the use of the hotel name, requires the hotel’s prior written consent.

§ 5 PROVISION OF SERVICES, PRICES, PAYMENTS, INVOICES & ASSIGNMENT

  1. The prices for the respective services shall be determined in accordance with the price list of stilwerk Hotel Heimhude valid at the time the service is rendered. All prices include the statutory VAT applicable at the time. Public charges — unless stated otherwise — such as visitor’s tax, cultural promotion levies (“bed tax”) or similar are not included in the prices. Such charges shall be borne additionally by the contractual partner/customer and invoiced separately. Increases in VAT shall be borne by the contractual partner/customer. If the period between conclusion of the contract and the first contractual service exceeds 120 days, stilwerk Hotel Heimhude shall be entitled to increase prices by up to a maximum of 10%. Subsequent changes to services may result in price changes. stilwerk Hotel Heimhude is entitled, upon conclusion of the contract, to require an advance payment or security of up to 100% of the total payment obligation of the contractual partner/customer. The amount of the advance payment and the payment dates may be specified in the contract.
  2. If the contractual partner/customer has booked during a period in which a trade fair, major event or other regional event takes place in the catchment area of stilwerk Hotel Heimhude, and if after conclusion of the contract such event is rescheduled for reasons beyond the control of stilwerk Hotel Heimhude, this contract shall apply to the new period, provided stilwerk Hotel Heimhude is able to provide the agreed services at that time. stilwerk Hotel Heimhude shall notify the contractual partner within a reasonable period whether it can fulfill its obligation to perform. If performance is not possible, in particular if the booked rooms have already been rented to third parties for the new period, either party may withdraw from the contract without stating reasons. The assertion of claims against the other party is excluded. This does not apply to services already rendered, which shall be reimbursed or compensated accordingly.
  3. The payment claim of stilwerk Hotel Heimhude shall become due immediately upon receipt of the respective invoice without deduction. An invoice shall be deemed received by the invoice recipient no later than 7 days after dispatch, unless earlier receipt can be proven. In the event of default of payment, the statutory provisions shall apply.
  4. The issuance of an overall invoice shall not release the contractual partner from the timely payment of individual invoices. Delay in payment of even a single invoice entitles stilwerk Hotel Heimhude to withhold all further and future services and to make performance dependent on the provision of security up to 100% of the outstanding payment.
  5. stilwerk Hotel Heimhude is entitled to declare accrued claims due at any time and demand immediate payment. In the event of default in payment, stilwerk Hotel Heimhude is entitled to charge the applicable statutory default interest currently amounting to 8%, or, in legal transactions involving a consumer, 5% above the base interest rate. stilwerk Hotel Heimhude reserves the right to prove higher damages.
    Invoices are generally payable immediately in cash or by credit card. stilwerk Hotel Heimhude is entitled to refuse foreign currency, checks and credit cards. Vouchers from tour operators are accepted only if a credit agreement exists with the respective company or corresponding advance payments have been made. Reimbursement for services not used is excluded.
  6. The contractual partner may only offset a claim against a claim of stilwerk Hotel Heimhude if its own claim is undisputed or has been finally adjudicated. The same applies mutatis mutandis to the exercise of a right of retention based on the contractual partner’s own claims. Claims and other rights may only be assigned with the written consent of stilwerk Hotel Heimhude.
  7. If the contractual partner uses a credit card to pay for products of stilwerk Hotel Heimhude that require advance payment (e.g. general prepaid orders or guaranteed bookings) without physically presenting the card (e.g. by telephone, internet or similar), the contractual partner is not entitled, vis-à-vis stilwerk Hotel Heimhude, to revoke that charge vis-à-vis its credit card institution.
  8. Invoice corrections and amendments by stilwerk Hotel Heimhude shall only be made upon presentation of the original invoice to stilwerk Hotel Heimhude and will only be processed within 14 days after receipt of the original invoice.

§ 6 WITHDRAWAL, CANCELLATION, REDUCTION

  1. Reservations made by the contractual partner are binding on both contractual parties. If no right of withdrawal has been agreed or if such right has already expired, and if there is no statutory right of withdrawal or termination and stilwerk Hotel Heimhude does not agree to cancel the contract, stilwerk Hotel Heimhude shall retain the claim to the agreed remuneration despite non-use of the service. stilwerk Hotel Heimhude must offset income from renting the rooms to others and saved expenses. If the rooms are not rented to others, stilwerk Hotel Heimhude may apply a lump-sum deduction for saved expenses. In this case, the contractual partner is obliged to pay the following portions of the contractually agreed total price for accommodation with or without breakfast:

1–3 rooms: Cancellations must always be made in writing. Cancellation is free of charge up to two days before the arrival date. In the event of later cancellations, postponements or non-utilization, including partial dates, we charge a cancellation fee of 100% of the gross room price per room and day. In the case of early departure, a cancellation fee of 100% of the gross room price per night shall be charged.

4–6 rooms: Cancellation of rooms is free of charge up to 14 days before the arrival date. In the event of cancellation up to seven days before the arrival date, 80% of the total costs shall be charged; in the event of cancellation less than seven days before the arrival date, 100% shall be charged.

From 7 rooms: All rooms may be cancelled free of charge up to 4 weeks before arrival. Thereafter, in the event of cancellation, we charge 100% of the gross room price per room and day.

  1. The contractual partner is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
  2. If stilwerk Hotel Heimhude is able to provide the cancelled service to third parties during the agreed period, the damages payable by the contractual partner shall be reduced by the amount paid by such third parties for the cancelled service, up to the complete elimination of the damages claim.

§ 7 WITHDRAWAL & TERMINATION

  1. stilwerk Hotel Heimhude is entitled to withdraw from the contract in accordance with the statutory provisions (§ 323 BGB) or to terminate the contract (§ 314 BGB) if
    a) the contractual partner fails to perform a due service,
    b) performance of the contract is impossible due to force majeure, strikes or other circumstances for which stilwerk Hotel Heimhude is not responsible,
    c) the contractual partner provides misleading or false information about essential data,
    d) the contractual partner uses the name stilwerk Hotel Heimhude for advertising measures without prior written consent,
    e) rooms that are the subject matter of the contract are sublet in whole or in part without the written consent of stilwerk Hotel Heimhude,
    f) stilwerk Hotel Heimhude has justified reason to assume that the use of the hotel services may jeopardize the smooth business operations, security or public reputation of stilwerk Hotel Heimhude.
  2. stilwerk Hotel Heimhude must notify the contractual partner in writing without undue delay, at the latest within 14 days after becoming aware of the reason, of the exercise of withdrawal/termination. Cancellation of the contract by stilwerk Hotel Heimhude shall not give rise to claims for damages or other compensation by the contractual partner. Any claim by stilwerk Hotel Heimhude for compensation for damages incurred and expenses made by it shall remain unaffected in the event of justified termination of the contract.

§ 8 ADDITIONAL PROVISIONS FOR PACKAGE TRAVEL CONTRACTS

  1. If, in addition to providing board and lodging, stilwerk Hotel Heimhude is obliged to organize a leisure program as a remunerated service of its own, this shall constitute a so-called package travel contract.
  2. The contractual partner may not assert claims on account of changes, deviations or reductions of individual services within the scope of a package travel contract that become necessary after conclusion of the contract, provided such changes are only insignificant.
  3. In the case of arranged third-party services (package travel unaffected), stilwerk Hotel Heimhude is not liable for performance by third-party service providers or transport companies, but only for the proper arrangement of the travel service and the proper forwarding of the service provider’s information to the participant.
  4. In the case of package travel, liability for damages that are not bodily injuries is limited to three times the travel price, insofar as damage to the contractual partner was caused neither intentionally nor by gross negligence, or insofar as stilwerk Hotel Heimhude is responsible for damage suffered by the contractual partner solely due to fault on the part of a service provider.

§ 9 PLACE OF PERFORMANCE AND PAYMENT, JURISDICTION, ANCILLARY AGREEMENTS, PARTIAL INVALIDITY

  1. The place of performance and payment for both parties is the registered office of the hotel operation stilwerk Hotel Heimhude.
  2. German law shall apply.
  3. With the exception of private end consumers, Hamburg is agreed as the exclusive place of jurisdiction for all claims arising from or in connection with the respective contract.

§ 10 ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 (1) ODR REGULATION AND § 36 VSBG

The EU online dispute resolution platform for out-of-court online dispute resolution is available at the following link: http://ec.europa.eu/consumers/odr/

Our email address is: info@stilwerkhotels.com

We are neither obliged nor generally willing to participate in dispute resolution proceedings before a consumer arbitration board.

Hamburg, May 2020.


stilwerk Strandhotel Blankenese
TERMS AND CONDITIONS OF ACCOMMODATION

The following terms and conditions shall, insofar as they are effectively agreed, form part of the accommodation contract concluded in the event of a booking between the guest and SW 13 Betriebsgesellschaft UG (haftungsbeschränkt) — hereinafter abbreviated as “stilwerk Strandhotel Blankenese”. Please therefore read these terms carefully.


§ 1 SCOPE OF APPLICATION

  1. These terms and conditions apply to all services provided by SW 13 Betriebsgesellschaft UG (haftungsbeschränkt), hereinafter referred to as “stilwerk Strandhotel Blankenese”. The services provided by stilwerk Strandhotel Blankenese to the guest, the organizer and other contractual partners include in particular the rental of hotel rooms and other premises for presentations, small trade fairs, seminars, meetings, conferences, banquets and other events, the sale of food and beverages, and the support and organization of cultural and sporting events and other programs. stilwerk Strandhotel Blankenese is entitled to have its services performed by third parties.
  2. The subletting or re-letting of the rooms and areas provided requires the prior written consent of stilwerk Strandhotel Blankenese. At its own discretion, stilwerk Strandhotel Blankenese may grant a written exception upon request.
  3. These terms and conditions apply to all types of contracts concluded with stilwerk Strandhotel Blankenese, such as accommodation contracts, package travel contracts, allotment contracts or event contracts. These terms and conditions shall also apply to all future transactions with the contractual partner.
  4. Any general terms and conditions of the contractual partner shall not apply, even if stilwerk Strandhotel Blankenese does not expressly object to them. Any counter-confirmations by the contractual partner referring to its own general terms and conditions are hereby expressly rejected.

§ 2 CONCLUSION OF CONTRACT, LIABILITY, BROUGHT-IN ITEMS & LIMITATION PERIOD

  1. Offers made by stilwerk Strandhotel Blankenese are always non-binding.
  2. As a rule, the respective contract is concluded upon the oral or written application of the contractual partner and acceptance by stilwerk Strandhotel Blankenese. stilwerk Strandhotel Blankenese is free to confirm the application in writing, orally, in text form (email, fax) or implicitly by rendering the service.
  3. The contractual parties are stilwerk Strandhotel Blankenese and the respective contractual partner/customer. If the contractual partner is not the organizer itself, or if a commercial intermediary or organizer is engaged by the organizer, these parties shall be jointly and severally liable together with the organizer for all obligations arising from the contract. Within the scope of such an “allotment contract”, the contractual partner shall be liable for all damages culpably caused by the end user.
  4. A group booking exists where more than four rooms in one hotel operation are booked by one contractual partner/customer by means of one or more booking processes that are connected in terms of time and/or subject matter. This applies irrespective of the booking channel and may occur in person, by telephone, by fax, by email, in writing, via www.stilwerkhotels.com, via online portals and intermediary sites of third parties, or by other means.
  5. stilwerk Strandhotel Blankenese shall be liable for its obligations under the contract with the diligence of a prudent businessman. As a matter of principle, stilwerk Strandhotel Blankenese shall only be liable for statutory and contractual claims in cases of intent or gross negligence. Claims for damages by the contractual partner/customer are excluded. Excluded from this are damages resulting from injury to life, body or health if stilwerk Strandhotel Blankenese is responsible for the breach of duty, as well as other damages based on an intentional or negligent breach of typical contractual obligations by stilwerk Strandhotel Blankenese. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by stilwerk Strandhotel Blankenese. Should disruptions or defects occur in the services of stilwerk Strandhotel Blankenese, the hotel shall endeavor to remedy them upon becoming aware of them or upon immediate complaint by the customer. The contractual partner/customer is obliged to inform stilwerk Strandhotel Blankenese in due time of the possibility of exceptionally high damage and to minimize any possible damage.
  6. Liability of stilwerk Strandhotel Blankenese for consequential damages or indirect damages is excluded.
  7. Exclusions and limitations of liability shall apply equally in favor of all companies engaged by stilwerk Strandhotel Blankenese to fulfill its contractual obligations, their subcontractors and vicarious agents. They shall not apply where stilwerk Strandhotel Blankenese has assumed a guarantee for the quality of an item or work or in the case of fraudulently concealed defects.
  8. The contractual partner/customer is obliged to report recognizable defects in performance immediately, at the latest upon departure, to the hotel.
  9. The statutory provisions of Sections 701 et seq. of the German Civil Code (BGB) shall apply to items brought in by the contractual partner.
  10. Items left behind by the contractual partner/customer will only be forwarded upon request, at the risk and expense of the contractual partner, in accordance with statutory provisions. All claims of the contractual partner against stilwerk Strandhotel Blankenese arising out of or in connection with the contract shall become time-barred 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 should have become aware of them without gross negligence.

§ 3 EXTENSION OF USE, HANDOVER OF ROOMS & DEPARTURE

  1. Rooms are provided exclusively for accommodation purposes.
  2. The contractual partner/customer shall be liable to stilwerk Strandhotel Blankenese for all damages caused by the contractual partner or by third parties who receive services from stilwerk Strandhotel Blankenese at the contractual partner’s instigation.
  3. The contractual partner/customer has no claim to the use of specific rooms. If rooms are not available on the premises, stilwerk Strandhotel Blankenese shall inform the contractual partner immediately and offer equivalent replacement accommodation in a nearby hotel of the same category. If the contractual partner declines, stilwerk Strandhotel Blankenese shall reimburse the services already rendered by the contractual partner without delay.
  4. Booked rooms shall be available to the contractual partner from 3:00 p.m. on the day of arrival. Unless otherwise agreed, stilwerk Strandhotel Blankenese has the right to reallocate booked rooms after 6:00 p.m., without the contractual partner deriving any rights or claims therefrom.
  5. The guest is obliged to vacate the rooms by 11:00 a.m. on the day of departure at the latest. Late check-out is generally possible, but subject to availability and additional charges, which may be requested from the hotel staff.

§ 4 EVENTS

  1. For events where food and beverages are served, the organizer must inform stilwerk Strandhotel Blankenese of the number of participants and the menu selection no later than 10 working days before the event in a binding manner. If the number of participants exceeds the number agreed at the time of booking, this higher number shall only become part of the contract if stilwerk Strandhotel Blankenese agrees in writing. If stilwerk Strandhotel Blankenese does not agree, the contractual partner shall not be entitled to hold the event with a higher number of participants. If stilwerk Strandhotel Blankenese agrees, invoicing shall be based on the new agreement. Additional expenses may be charged. The contractual partner has no claim to such consent. Invoicing shall be based on the contractual agreements irrespective of notification of the number of participants.
  2. Reserved rooms shall be available to the contractual partner only within the period agreed in writing. Any use beyond this period requires the written consent of stilwerk Strandhotel Blankenese and shall generally only be granted against additional payment. Changes of room are possible insofar as they are reasonable for the contractual partner, taking into account the interests of stilwerk Strandhotel Blankenese.
  3. If the agreed start time of an event is postponed, stilwerk Strandhotel Blankenese shall be entitled to charge the contractual partner for all additional costs incurred as a result.
  4. For events extending beyond midnight, stilwerk Strandhotel Blankenese may charge EUR 50.00 plus statutory VAT for each service employee booked for each hour or part thereof. The contractual partner shall be liable to stilwerk Strandhotel Blankenese for additional services provided to event participants
  5. All events subject to GEMA fees must be reported to GEMA in advance by the organizer. The organizer shall bear the GEMA fees. The organizer shall indemnify stilwerk Strandhotel Blankenese against all claims asserted by GEMA. All official permits must be obtained by the contractual partner at their own expense, unless expressly agreed otherwise in writing. The contractual partner is responsible for compliance with all relevant regulatory and legal requirements.
  6. The contractual partner shall be liable for the conduct of its employees, event participants, and other assistants as for its own conduct. The hotel may require the contractual partner to provide appropriate security (e.g. insurance, deposits, guarantees).
  7. Packaging materials, exhibition items, or other objects brought in must be removed after the end of the event. If the organizer fails to do so, stilwerk Strandhotel Blankenese shall be entitled to arrange for removal and storage at the organizer’s expense. If objects or packaging remain in the event room, stilwerk Strandhotel Blankenese may charge room rental for the duration of their stay. The organizer reserves the right to prove that lower damage was incurred. To prevent damage, the installation and placement of decorative materials or other objects must be coordinated with stilwerk Strandhotel Blankenese in advance. Items brought in for an event, such as decoration materials, must comply with all applicable regulations. Disturbances or defects in facilities provided by stilwerk Strandhotel Blankenese will be remedied where possible. The contractual partner may not derive any claims from this. stilwerk Strandhotel Blankenese does not provide insurance coverage for items brought in. It is solely the responsibility of the contractual partner to obtain any necessary insurance.
  8. The use of the organizer’s own electrical equipment requires the prior written consent of the hotel management before connection to the power supply of stilwerk Strandhotel Blankenese. The electricity consumption incurred will be charged in accordance with the applicable supply and usage rates charged to stilwerk Strandhotel Blankenese by the utility provider. stilwerk Strandhotel Blankenese is entitled to record and charge this on a flat-rate basis. Any disruptions or defects to the technical systems of stilwerk Strandhotel Blankenese caused by such connection shall be borne by the contractual partner/customer.
  9. If stilwerk Strandhotel Blankenese procures technical or other equipment from third parties on behalf of the contractual partner, it does so in the name and on the account of the contractual partner/customer. The contractual partner/customer shall be liable for the careful handling and proper return of such equipment and shall indemnify stilwerk Strandhotel Blankenese against all third-party claims upon first written request. Liability of stilwerk Strandhotel Blankenese for late procurement or defects in procured equipment is excluded.
  10. Bringing own food and beverages to events is only permitted with the express approval of the hotel management and may be subject to additional charges.
  11. Any form of advertising, information, or invitations that establish a connection to stilwerk Strandhotel Blankenese, in particular through the use of the hotel name, requires the prior written consent of the hotel.

§ 5 PROVISION OF SERVICES, PRICES, PAYMENTS, INVOICES & ASSIGNMENT

1. The prices for the respective services shall be determined in accordance with the price list of stilwerk Strandhotel Blankenese valid at the time the service is rendered. All prices include the statutory VAT applicable at the time. Public charges — unless stated otherwise — such as visitor’s tax, cultural promotion levies (so-called “bed tax”) or similar are not included in the prices. Such charges shall be borne additionally by the contractual partner/customer. The respective amounts shall be invoiced separately. Any increases in VAT shall be borne by the contractual partner/customer. If the period between conclusion of the contract and the first contractual service exceeds 120 days, stilwerk Strandhotel Blankenese shall be entitled to increase prices by up to a maximum of 10%. Subsequent changes to services may result in price changes. Upon conclusion of the contract, stilwerk Strandhotel Blankenese is entitled to require from the contractual partner/customer an advance payment or security of up to 100% of the total payment obligation of the contractual partner. The amount of the advance payment and the payment dates may be specified in the contract.

2. If the contractual partner/customer has booked during a period in which a trade fair, major event, or other regional event takes place in the catchment area of stilwerk Strandhotel Blankenese, and if after conclusion of the contract such an event is rescheduled for reasons beyond the control of stilwerk Strandhotel Blankenese, this contract shall apply to the new period provided stilwerk Strandhotel Blankenese is able to provide the agreed services at that time. stilwerk Strandhotel Blankenese shall notify the contractual partner within a reasonable period whether it can fulfill its obligation to perform. If performance is not possible, in particular if the booked rooms have already been rented to third parties for the new period, either party may withdraw from the contract without stating reasons. The assertion of claims against the other party is excluded. This shall not apply to services already rendered, which shall be reimbursed or compensated accordingly.

3. The payment claim of stilwerk Strandhotel Blankenese shall become due immediately upon receipt of the respective invoice without deduction. An invoice shall be deemed received by the invoice recipient no later than 7 days after dispatch, unless earlier receipt can be proven. In the event of default of payment, the statutory provisions shall apply.

4. The issuance of an overall invoice shall not release the contractual partner from the timely payment of individual invoices. Delay in payment of even a single invoice entitles stilwerk Strandhotel Blankenese to withhold all further and future services and to make performance dependent on the provision of security up to 100% of the outstanding payment.

5. stilwerk Strandhotel Blankenese is entitled to declare accrued claims due at any time and demand immediate payment. In the event of default in payment, stilwerk Strandhotel Blankenese is entitled to charge the applicable statutory default interest currently amounting to 8%, or, in legal transactions involving a consumer, 5% above the base interest rate. stilwerk Strandhotel Blankenese reserves the right to prove higher damages. Invoices are generally payable immediately in cash or by credit card. stilwerk Strandhotel Blankenese is entitled to refuse foreign currency, checks, and credit cards. Vouchers issued by tour operators are accepted only if a credit agreement exists with the respective company or corresponding advance payments have been made. Reimbursement for services not used is excluded.

6. The contractual partner may only offset a claim against a claim of stilwerk Strandhotel Blankenese if its own claim is undisputed or has been finally adjudicated. The same shall apply mutatis mutandis to the exercise of a right of retention based on the contractual partner’s own claims. Claims and other rights may only be assigned with the written consent of stilwerk Strandhotel Blankenese.

7. If the contractual partner uses a credit card to pay for products of stilwerk Strandhotel Blankenese that require advance payment (e.g. general prepaid orders or guaranteed bookings) without physically presenting the card (e.g. by telephone, internet or similar means), the contractual partner is not entitled, vis-à-vis stilwerk Strandhotel Blankenese, to revoke that charge with its credit card institution.

8. Invoice corrections and amendments by stilwerk Strandhotel Blankenese shall only be made upon presentation of the original invoice to stilwerk Strandhotel Blankenese and will only be processed within 14 days after receipt of the original invoice.


§ 6 WITHDRAWAL, CANCELLATION, REDUCTION

1. Reservations made by the contractual partner are binding on both contractual parties. If no right of withdrawal has been agreed or if such right has already expired, and if there is no statutory right of withdrawal or termination and stilwerk Strandhotel Blankenese does not agree to cancel the contract, stilwerk Strandhotel Blankenese shall retain the claim to the agreed remuneration despite non-use of the service. stilwerk Strandhotel Blankenese must offset income from renting the rooms to others and saved expenses. If the rooms are not rented to others, stilwerk Strandhotel Blankenese may apply a lump-sum deduction for saved expenses. In this case, the contractual partner is obliged to pay the following portions of the contractually agreed total price for accommodation with or without breakfast:

1–3 rooms: Cancellations must always be made in writing. Cancellation is free of charge up to two days before the arrival date. In the event of later cancellations, postponements, or non-utilization, including partial dates, we charge a cancellation fee of 100% of the gross room price per room and day. In the case of early departure, a cancellation fee of 100% of the gross room price per night shall be charged.

4–6 rooms: Cancellation of the rooms is free of charge up to 14 days before the arrival date. In the event of cancellation up to seven days before the arrival date, 80% of the total costs shall be charged; in the event of cancellation less than seven days before the arrival date, 100% shall be charged.

From 7 rooms: All rooms may be cancelled free of charge up to 4 weeks before arrival. Thereafter, in the event of cancellation, we charge 100% of the gross room price per room and day.

2. The contractual partner is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.

3. If stilwerk Strandhotel Blankenese is able to provide the cancelled service to third parties during the agreed period, the damages payable by the contractual partner shall be reduced by the amount paid by such third parties for the cancelled service, up to the complete elimination of the damages claim.


§ 7 WITHDRAWAL & TERMINATION

1. stilwerk Strandhotel Blankenese is entitled to withdraw from the contract in accordance with the statutory provisions (§ 323 BGB) or to terminate the contract (§ 314 BGB) if
a) the contractual partner fails to perform a due service,
b) performance of the contract is impossible due to force majeure, strike, or other circumstances for which stilwerk Strandhotel Blankenese is not responsible,
c) the contractual partner provides misleading or false information about essential data,
d) the contractual partner uses the name stilwerk Strandhotel Blankenese for advertising measures without prior written consent,
e) rooms that are the subject matter of the contract are sublet in whole or in part without the written consent of stilwerk Strandhotel Blankenese,
f) stilwerk Strandhotel Blankenese has justified reason to assume that the use of the hotel services may jeopardize the smooth business operations, security, or public reputation of stilwerk Strandhotel Blankenese.

2. stilwerk Strandhotel Blankenese must notify the contractual partner in writing without undue delay, at the latest within 14 days after becoming aware of the reason, of the exercise of withdrawal/termination. Cancellation of the contract by stilwerk Strandhotel Blankenese shall not give rise to claims for damages or other compensation by the contractual partner. Any claim by stilwerk Strandhotel Blankenese for compensation for damages incurred and expenses made by it shall remain unaffected in the event of justified termination of the contract.


§ 8 ADDITIONAL PROVISIONS FOR PACKAGE TRAVEL CONTRACTS

1. If, in addition to providing board and lodging, stilwerk Strandhotel Blankenese is obliged to organize a leisure program as a remunerated service of its own, this shall constitute a so-called package travel contract.

2. The contractual partner may not assert claims on account of changes, deviations, or reductions of individual services within the scope of a package travel contract that become necessary after conclusion of the contract, provided such changes are only insignificant.

3. In the case of arranged third-party services (package travel unaffected), stilwerk Strandhotel Blankenese is not liable for performance by third-party service providers or transport companies, but only for the proper arrangement of the travel service and the proper forwarding of the service provider’s information to the participant.

4. In the case of package travel, liability for damages that are not bodily injuries is limited to three times the travel price, insofar as damage to the contractual partner was caused neither intentionally nor by gross negligence, or insofar as stilwerk Strandhotel Blankenese is responsible for damage suffered by the contractual partner solely due to fault on the part of a service provider.


§ 9 PLACE OF PERFORMANCE AND PAYMENT, JURISDICTION, ANCILLARY AGREEMENTS, PARTIAL INVALIDITY

1. The place of performance and payment for both parties is the registered office of the hotel operation stilwerk Strandhotel Blankenese.

2. German law shall apply.

3. With the exception of private end consumers, Hamburg is agreed as the exclusive place of jurisdiction for all claims arising from or in connection with the respective contract.


§ 10 ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 (1) ODR REGULATION AND § 36 VSBG

The EU online dispute resolution platform for out-of-court online dispute resolution is available at the following link: http://ec.europa.eu/consumers/odr/

Our email address is: blankenese@stilwerkhotels.com

We are neither obliged nor generally willing to participate in dispute resolution proceedings before a consumer arbitration board.


Hamburg, May 2020.

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