Terms and Conditions
Here you will find the terms and conditions of the Hotel & Ferienanlage Haffhus GmbH,
hereinafter referred to as Hotel.
§ 1: Scope, Conclusion of contract
- These terms and conditions (GTC) apply to hotel accommodation contracts for the provision of hotel rooms and rooms for accomodation (hereinafter referred to as the contract), as well as for all other services and deliveries of the hotel.
- The contract is concluded upon acceptance of the guest’s request by the hotel. A written booking confirmation from the hotel is not required for the validity of the contract.
- If a third party makes the booking for the guest, he is liable to the hotel as the customer together with the guest as the joint debtor for all obligations under the contract, provided the hotel has a corresponding declaration from the customer. The third party is obliged to inform the guest about all contract contents, in particular these general terms and conditions.
- The subletting or re-letting of the rented rooms, as well as their use for purposes other than accommodation require the prior written consent of the hotel. § 540 para. 1 sentence 2 BGB does not apply if the guest is not a consumer.
- Deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, shall not apply unless they are expressly acknowledged by the hotel.
§ 2: Prices, Payment, Offsetting
- The agreed prices include the respective statutory value added tax (value added tax).
- The hotel bills are due for immediate payment without deductions upon receipt. For every reminder after default, the hotel may charge a reminder fee of 8,00 Euro.
- The hotel may make its consent to a reduction in the number of booked rooms, the hotel’s services or the length of stay of the guest, as desired by the guest upon conclusion of the contract, subject to the price of the room and / or other services of the hotel Hotels increased.
- The hotel is entitled to make the contract conditional upon a reasonable advance payment or guarantee in the form of a credit card guarantee, deposit or similar. The amount of the advance payment and the due dates are to be determined in writing in the contract.
- The hotel shall also be entitled, after conclusion of the contract, at the beginning or during the stay, to demand from the guest a reasonable advance payment or security as referred to in paragraph 4 for existing and future claims under the contract, if such has not already been provided in accordance with paragraph 4 was.
- In justified cases (for example, payment arrears, extension of the scope of contract, etc.) the hotel is entitled to demand an increase of the advance payment or security deposit agreed in the contract within the meaning of paragraph 4 up to the full agreed remuneration.
- The guest can only offset against the hotel with an undisputed or legally binding claim.
§ 3: Resignation of the guest (i. e. cancellation)
- The hotel grants the guest a right of withdrawal at any time in accordance with the
- If a time according to the calendar is determined in the contract for cancellation
(cancellation period), the guest can withdraw from the contract within this period without further legal consequences, in particular the hotel has no claim to compensation. In addition, the resignation by the guest requires the written consent of the hotel. If the hotel does not declare the consent, the agreed fee shall be payable even if the guest does not make use of the contractual services.
- The declaration of resignation must be in writing. Decisive for the timeliness of the declaration of withdrawal is their access at the hotel.
- The provision of paragraph 2 sentence 3 shall apply mutatis mutandis if the guest does not use the booked room or the booked services without informing the hotel.
- In the case of rooms and rooms not used by the guest, the hotel shall charge the income from other rental of the rooms, as well as the saved expenses, if another rental has actually taken place.
- Saved expenses, in particular by the omission of entertainment, laundry, housekeeping, water and electricity consumption, are deducted at a flat rate of 20% of the contractually agreed price for accommodation with or without breakfast. The guest is free to prove that the hotel no damage or the damage incurred by the hotel is lower than the required compensation.
§ 4: Rights of the Hotel
- If a cancellation period has been agreed, the hotel shall be entitled to withdraw from the contract within this period if binding booking requests from other guests to the contractually booked rooms and rooms are available and the guest, upon request of the hotel, waives his right of withdrawal according to § 3 (2) not waived.
- If the guest fails to make an agreed advance payment or fails to do so on time, the hotel is entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract if the execution of the contract is unreasonable, in particular if:
- Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- Rooms misleading or misrepresenting material facts, eg. In the person of the guest or the purpose to be booked;
- the hotel has reasonable grounds to believe that the use of hotel services may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the domain or organization of the hotel;
- the guest made an application for the opening of insolvency proceedings over his assets, submitted an affidavit pursuant to § 807 ZPO, initiated an out-of-court settlement of debt settlement or suspended his payments;
- open insolvency proceedings over the assets of the guest or refuse to open them for lack of assets;
- a violation of § 1 (3).
§ 5: Room provision, handover and return
- The guest is not entitled to the provision of certain rooms. However, the hotel endeavors to fulfill guests’ wishes within the scope of the existing capacities, booking situation and capacity utilization.
- Booked rooms are available to the customer from 16.00 on the agreed arrival day. The guest is not entitled to an earlier provision.
- Booked rooms are to be claimed by the guest at the latest by 6 pm on the agreed arrival day. Unless a later arrival time has been expressly agreed, the hotel has the right to allocate booked rooms to other guests after 6 pm without the guest being entitled to claim for compensation. The hotel has a right of withdrawal in this respect.
- On the agreed departure day, the rooms are to be vacated at 10.30 at the latest. In the event of late return of the room, the hotel may charge 50% of the full accommodation price (list price) until 18.00 hrs. For the contractually agreed use. From 18.00 hrs, the full list price is charged at 100%. Contractual claims of the guest are not justified. The guest is free to prove to the hotel that no or much less damage has been caused.
§ 6: Liability of the hotel
- Claims of the guest for damages are excluded without prejudice to §§ 701 ff. BGB. This does not apply to damage resulting from injury to life, limb or health, which is based on a negligent breach of duty by the hotel or a willful or negligent breach of duty by a legal representative or vicarious agent of the hotel, as well as other damages resulting from a grossly negligent breach of duty by the hotel or based on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the hotel.
- In the event of any disruption or defect in the services of the hotel, the hotel will endeavor to remedy the situation if the guest knows or is promptly notified. The guest is obliged to do his / her best to remedy the incident and minimize possible damage. The liability claims of the guest expire, if he does not notify the hotel without gaining knowledge of loss, destruction or damage, § 703 BGB.
- Liability under § 701 BGB is limited to a maximum of 600 euros.
- Insofar as the guest is provided with a parking space in the hotel garage or on a hotel car park, also for a fee, no custody agreement is concluded. The hotel is not liable for loss of or damage to vehicles parked or shunted on the hotel grounds and their contents, except in case of intent or gross negligence.
- Wake-up calls are made by the hotel with the utmost care. The liability of the hotel for late or not executed wake-up orders is excluded.
- Messages, mail and merchandise for guests are handled with care. The hotel will take over the delivery, storage and – on request – against payment also the forwarding of the same, as well as on request for lost property. Claims for damages, except for gross negligence and intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a one-month retention period at the latest, subject to a reasonable fee.
The personal data of the guest are treated absolutely confidentially and not passed on to third parties. For the complete execution of the contract, the hotel cooperates with service providers to whom certain data (eg name, first name, street) is transmitted for fulfillment of the contract. These are in particular service providers for the processing of payments (credit card, direct debit, etc.). The service providers are obliged to use the data only for the above-mentioned purpose and in no case to pass it on to third parties. The guest agrees in this regard with a disclosure of his personal data.
§ 8: Final Provisions
- Place of performance and place of payment is the domicile of the hotel.
- If the guest is a merchant or resides outside Germany, the exclusive place of jurisdiction is the place of domicile of the hotel. However, the hotel is also entitled to bring actions and other legal proceedings at the place of general jurisdiction.
- Should individual provisions of these Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by a provision which is to be determined by interpretation and, as far as the will of the Contracting Parties, as close as possible to the originally intended regulation.
§ 9: Cancellation periods
1 night: arrival day until 18.00 clock
2 – 6 nights: 1 day before arrival
7 – 30 nights: 3 days before arrival
1 night: 3 days before arrival
2 – 6 nights: 14 days before arrival
7 – 30 nights: 30 days before arrival
1 night: non-refundable + deposit
2 – 6 nights: non-refundable + deposit
7 – 30 nights: non-refundable + deposit