General Terms and Conditions (GTC)
1.1 These terms and conditions apply to contracts for the rental of hotel rooms, holiday apartments/studios for accommodation and all of these
Other services and deliveries provided for the customer by the Hotel garni Eden, owner Karin Jähnel (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer within the meaning of § 13 BGB.
1.3 The customer’s general terms and conditions only apply if this has been expressly agreed in writing beforehand.
2. Conclusion of contract
2.1. The guest accommodation contract is concluded as soon as the room has been ordered by the guest and confirmed by the hotel. This contract does not require the written form.
2.2. The conclusion of the guest accommodation contract obliges the contractual partners to fulfill it.
2.3. The neighboring houses “Hotel Villa Regina” and “Hotel Sonne” as well as the “Villa Dora” and the “Gästehaus Friedrichstraße” belong to the Hotel garni Eden. The guest does not acquire the right to be provided certain rooms in the respective houses. If the agreed room category is not available, the hotel is obliged to try to find an equivalent replacement in-house or elsewhere.
2.4. The hotel is entitled to demand a reasonable advance payment or security, for example in the form of a credit card guarantee, from the guest upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
2.5. If a guest books the room for himself and his spouse in the case of marital cohabitation or for himself and his life partner in the case of a registered life partnership, he not only entitles and obliges himself, but also his spouse or life partner.
3. Execution of contract
3.1. The hotel and guest must mutually provide the agreed services.
3.2. The hotel buildings only have non-smoking rooms. With the reservation, the guest accepts the smoking ban. In the event of violations, the hotel is entitled to charge the guest for costs. These costs include in particular: cleaning costs for the room, costs incurred for subletting, additional expenses for procuring alternative solutions such as alternative rooms in your own hotel or in a third-party hotel for connecting guests. The costs are a flat rate of € 250.00 including VAT, for which the guest is permitted to prove that no costs were incurred or that they were significantly lower than the flat rate.
3.3. Reserved rooms are available to the guest from 4 p.m. on the day of arrival and until 10 a.m. on the day of departure.
3.4. Unless a later arrival time has been expressly agreed, the hotel reserves the right to reassign reserved rooms after 6:00 p.m.
3.5. Out of consideration for the other guests, pets are not allowed.
3.6. The guest must pay the hotel’s agreed or applicable prices for rooms provided and other services used, such as parking space provided. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. The agreed prices include the taxes and local charges applicable at the time the contract is concluded, with the exception of those that are owed by the guest himself according to the respective municipal law, such as visitor’s tax. Payment can only be made in cash, electronic cash or in advance by bank transfer. A reimbursement of services that have been paid for but not used is not possible.
4. Withdrawal by the customer (cancellation, cancellation)
4.1 The customer can only withdraw from the contract concluded with the hotel if the guest cancels the room up to 15 days before the start of the stay, a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract .
4.2 If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering payment or damage claims by the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service.
The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented out elsewhere, the hotel can make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for accommodation with or without breakfast and for all-inclusive arrangements with third-party services. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
5. Cancellation of the hotel
5.1. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer, upon inquiry by the hotel, with a reasonable deadline not waived his right to withdraw. This applies accordingly if an option is granted if there are other inquiries and the customer is not ready to make a firm booking after the hotel has asked for a reasonable deadline.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
6. Liability of the Hotel
6.1 The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations on the part of the hotel. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 6. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
6.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate safekeeping agreement with the hotel.
6.3 If the guest parks a vehicle (car, motorcycle, bicycle) on the hotel premises, even for a fee, this does not result in a safekeeping contract. In the event of loss or damage to vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above clause 6.1, sentences 1 to 4.
6.4 Wake-up calls are carried out by the hotel with the greatest care. Messages for customers are treated with care. After prior agreement with the customer, the hotel can take over the acceptance, storage and – on request – the forwarding of mail and goods consignments for a fee. The hotel is only liable in accordance with the above clause 6.1, sentences 1 to 4.
7.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions are invalid.
7.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is Ostseeheilbad Ahlbeck in commercial transactions.
7.3 German law applies. The application of the UN sales law is excluded.
7.4 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“OS platform”): http://ec.europa.eu/consumers/odr/. The hotel undertakes to participate. Further information on the OS platform, see Article 14 (2) ODR regulation.
7.5 The use of the car parking space is subject to a charge, the period of use ends with the check-out on the day of departure.
Ostseeheilbad Ahlbeck in May 2019