Hotel Stadt Kappeln

§1 SCOPE OF APPLICATION

These General Terms and Conditions shall apply to all guest accommodation contracts concluded between Hotel Stadt Kappeln GmbH (hereinafter referred to as "Hotel") and third parties (guest/contractual partner) as well as to all other services and deliveries provided by the Hotel.

The services consist, in particular, in the provision of the use of hotel rooms and other rooms for events, conferences, banquets and other events, the sale of food and beverages (F&B), the organisation of music events, dance events and other programmes as well as all other services and deliveries of the hotel in connection therewith. The hotel is entitled to have its services performed by third parties.

2. These General Terms and Conditions apply to all types of contracts, such as hotel accommodation, package tour, contingent or event contracts, which are concluded with the hotel. The GTC shall also apply to all future transactions with the contract partner.

3. The general terms and conditions of the contracting party shall not apply, even if the hotel does not expressly object to them. Counter-confirmations by the contracting party referring to its GTC are hereby objected to.

§2 CONCLUSION OF CONTRACT RESERVATIONS/ RESALE

1. Acceptance of a reservation made by the guest, either verbally or in writing, shall constitute an accommodation agreement. This agreement, in the form of a reservation of ordered rooms, is binding for both contracting parties. The reservation for rooms ordered but not yet paid for is valid until 6.00 p.m. on the day of arrival. There is no entitlement to the use of the overnight service in a particular room. The hotel reserves the right to let the reserved rooms to other guests after expiry of the reservation. The hotel shall provide the guest with a binding booking or reservation number and, upon express request, with a written confirmation of the reservation. The hotel reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees or deposits for certain dates.

2. the resale/rental and/or the rebrokering of booked rooms is prohibited. In particular, the re-sale of rooms and/or room contingents to third parties at higher prices than the actual room prices is not permitted. The assignment or sale of the claim against the hotel is also not permitted. In these cases, the hotel is entitled to cancel the booking, in particular if the guest has provided untrue information about the type of booking or payment to the third party in the assignment/sale. Use of the hotel room for any purpose other than accommodation is expressly prohibited.

3. If the contracting party concludes a so-called contingent contract, the contracting party shall be liable for all damages culpably caused by the end user.

4. If, in addition to the provision of board and lodging, the hotel's obligation to perform consists in the organisation of a leisure programme as its own paid service, this shall constitute a so-called package tour contract.

5. The contracting party may not assert any claims on account of changes, deviations or reductions in individual services within the scope of a package tour contract which become necessary after conclusion of the contract if they are merely insignificant.

3. the hotel shall not be liable for damage suffered by the contract partner on the occasion of the use of a special service provided by a third party. In this respect, the contract partner is referred to the enforcement of his claims against the respective organiser of the special service.

§ 3 ROOM USE, ROOM HANDOVER, CANCELLATION PERIODS, SMOKING BAN

1. The rooms are made available exclusively for accommodation purposes. Pets may only be brought into the room with the prior consent of the hotel and at a separate charge. A limited number of rooms are available for this purpose. 

2. reserved rooms are available to the guest from 3.00 p.m. on the day of arrival and until 10.00 a.m. on the day of departure. Upon request and subject to availability, a late check-out can be arranged with the hotel in advance. If the hotel agrees to a late check-out, the hotel is entitled to charge 50% of the daily rate for the additional use of the room after 12 noon. For departures taking place after 6 pm, 100% of the daily rate will be charged. There is no contractual entitlement to a late check-out. 3.

3. unless otherwise agreed, the hotel has the right to assign booked rooms to other parties after 6 p.m. without the contractual partner being able to derive any rights or claims from this. A guaranteed reservation shall be deemed to exist if the guest confirms the accommodation service by means of a credit card number and does not cancel the ordered rooms before 6 p.m. on the day of arrival.

a) In the case of cancellations and rebookings of reserved hotel rooms as well as package arrangements with previously determined numbers of rooms, the following deadlines apply for a cancellation free of charge: 

up to the 36th day before the start of the journey 20%,
 up to the 14th day before departure 55%,
 up to the 7th day before departure 75%,
 up to the 3rd day before departure 85%,
 on the day of departure 95% of the total tour price.

Cancellation before the 30th day is free of charge.

The hotel will endeavour to resell cancelled rooms. If this is not possible, the guest will be charged the agreed total price.

For reservations of 5 rooms or more, the guest is obliged to pay the following proportions of the contractually agreed total price:

Free of charge up to 60 days before arrival

59 - 40 days before arrival: 20% cancellation fee

39 - 20 days prior to arrival: 50% cancellation fee

19 - 0 days before arrival: 95% cancellation fee

For reservations of 10 rooms or more, the guest is obliged to pay the following proportions of the contractually agreed total price:

Free of charge up to 90 days before arrival

89 - 60 days before arrival: 20% cancellation fee

59 - 30 days prior to arrival: 50% cancellation fee

29 - 0 days before arrival: 95% cancellation fee

b) The above regulations on compensation apply accordingly if the guest does not make use of the booked room or services without giving notice in good time (no show).

4. smoking is prohibited in all rooms and public areas of the building. In case of violation, the offending guest will be charged an extra cleaning fee of € 150.00. Should a violation of this smoking ban make it impossible to re-let the room due to a persistent odour nuisance, the hotel reserves the right to charge the violating guest the full amount of the loss of revenue, even after the guest's departure.

5. The applicable prices are gross total prices and include all statutory taxes, fees and charges. The hotel reserves the right to adjust the prices accordingly in the event of changes in the rates of taxes, fees and charges or the effective levying of new taxes, fees and charges previously unknown to the parties. 

§ 4 EVENTS

1. in order to enable careful preparation by the hotel, the contracting party shall notify the hotel of the final number of participants no later than 5 working days prior to the commencement of the event. The number of participants stated in the offer or booking may be reduced by a maximum of 20%. In addition, the hotel reserves the right to adjust the service prices. If the contracting partner informs the hotel of a higher number of participants than agreed, this higher number of participants shall only become part of the contract if the hotel agrees thereto in writing. If the hotel does not agree in writing, the contracting party shall not be entitled to hold the event with a higher number of participants. If the hotel agrees, billing shall be based on the new agreement (with additional expenses, if applicable). The contracting party shall not be entitled to consent.

2. If the agreed time for the start of the event is postponed, the hotel shall be entitled to charge the contracting party for all additional costs incurred as a result.

3. Reserved rooms shall only be available to the contracting party within the period agreed in writing. Use beyond this period shall require the written consent of the hotel and shall generally only be granted against additional payment. The hotel reserves the right to make changes to rooms insofar as such changes are reasonable for the contract partner, taking into account the interests of the hotel.

4. For events lasting beyond 1:00 a.m., the hotel may, unless expressly agreed otherwise in writing, charge 80.00 euros plus VAT per hour or part thereof. The contract partner shall be liable to the hotel for additional services provided to the event participants or to third parties in connection with the event. 

5. The contracting party shall obtain all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Charges payable to third parties for the event, such as GEMA fees, entertainment tax, etc., shall be paid by the contracting party directly to the creditor without delay.

6. The contracting party shall be liable for the conduct of its employees, event participants and other auxiliary staff as for its own conduct. The hotel may require the contract partner to provide appropriate security (e.g. insurance, deposits, guarantees). 

7. In order to prevent damage, the attachment and installation of decorative material or other objects shall be agreed with the hotel in advance. Exhibits and other items brought along must be removed at the end of the event. If the contracting party fails to comply with this provision, the hotel shall have the right to remove and store such items at the hotel's expense. Transport packaging, outer packaging and all other packaging materials brought in shall be disposed of by the contract partner at his own expense. Disposal may be subject to a charge if the contract partner leaves the packaging behind after the end of the event. All items brought into the event, such as decorative materials and the like, must comply with all relevant regulations.

8. the hotel does not provide insurance cover for items brought into the hotel. The conclusion of any necessary insurance shall be the sole responsibility of the contracting party.

9. faults or defects in facilities provided by the hotel shall be remedied insofar as this is possible for the hotel. The contract partner may not derive any claims in this connection.

10. if the contract partner brings in his own electrical equipment, the hotel management's consent shall be required prior to connection to the power grid. The electricity consumption incurred shall be charged in accordance with the valid provision and working prices as charged to the hotel by the utility company. The hotel is free to charge a flat rate. Any malfunctions or defects in the hotel's technical equipment caused by connection shall be borne by the contracting party.

11. the contract partner is entitled, with the hotel's consent, to use its own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this. If suitable facilities of the hotel remain unused as a result thereof, the hotel may charge a cancellation fee.

12. If the hotel procures technical or other equipment from third parties for the contracting party, the hotel shall act on behalf and for the account of the contracting party; the contracting party shall be liable for the careful handling and proper return of such equipment and shall indemnify the hotel against all claims of third parties upon first written request. Any liability on the part of the hotel due to untimely procurement or defectiveness of the procured facilities is excluded.

13. As a general rule, the contracting party may not bring food and beverages to the events. In special cases (e.g. national specialities etc.), a written agreement may be made to this effect. In such cases, a general charge shall be made, deducting the proportionate cost of the goods. In the event of non-compliance, the hotel shall be entitled to claim a flat-rate amount of damages per participant for the loss incurred, which would have accrued to the hotel for the provision of the service. The hotel accepts no liability whatsoever for damage to health caused by the consumption of food and drinks brought along.

14. Any form of advertising, information or invitations that make reference to the hotel, in particular by using the hotel name, shall require the prior written consent of the hotel.

15. If the customer is an entrepreneur, he shall be liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

16. The rented rooms of the hotel, all access routes and the interior and exterior facilities are inviolable in their structural condition; the condition on the day of arrival is given. The customer, including those of his guests, shall be liable for damage caused, for example, by improper fastenings, the attachment of nails, screws, adhesive tapes and also their residues, particular soiling of walls or floors or inventory etc..

17. The hotel may require the customer to provide appropriate security, for example in the form of a credit card guarantee or a deposit.

§ 5 Withdrawal of the customer from events (CANCELLATION)

1. the customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly consents to the cancellation of the contract in writing. The agreement of a right of withdrawal as well as any consent to a cancellation of the contract must be made in text form in each case.

2. if no other date has been agreed between the hotel and the customer for the cost-free cancellation of the contract, the following cost-free cancellation periods shall apply:

Small group 1 -29 participants Free of charge 30 days before the day of the event.

Medium group 30 -49 participants Free of charge 60 days before the date of the event

Large group of 50 or more participants Free of charge 90 days before the day of the event

The customer may withdraw from the contract up to the agreed date without triggering payment or damage compensation claims by the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date. 

3. If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The hotel shall take into account the expenses saved. The expenses saved in each case may be calculated as a lump sum. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen. 

4. if the customer withdraws, the hotel shall endeavour to assign rooms not used to other parties if possible in order to avoid losses. Insofar as an alternative assignment is successful, the hotel's associated income shall be credited against the cancellation fees due in favour of the guest. In the event of cancellation of the entire event or partial cancellation of participants, the guest shall, unless otherwise agreed, be charged the following portions of the contractually agreed total price in accordance with § 5.2:

To 1.) Free of charge up to 30 days before the start of the event

29-20 days before the start of the event: 40% cancellation fee

19-8 days before the start of the event: 70% cancellation fee

7-0 days before the start of the event: 100% cancellation fee

To 2.) Free of charge up to 60 days before the start of the event

59-40 days before the start of the event: 40% cancellation fee

39-8 days before the start of the event: 70% cancellation fee

7-0 days before the start of the event: 100% cancellation fee

To 3.) Free of charge up to 90 days before the start of the event

89-60 days before the start of the event: 40% cancellation fee

59-8 days before the start of the event: 70% cancellation fee

7-0 days before the start of the event: 100% cancellation fee

5. the calculation of the food and beverage turnover is based on the formula: Agreed consumption price x number of participants. If the order has not yet been agreed in detail, the current buffet at the highest price plus 2 drinks per guest shall be taken as the basis for calculation.

§ 6 WITHDRAWAL OF THE HOTEL

1. If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if the hotel has received enquiries from other customers regarding the contractually booked event rooms and the customer does not waive his right of withdrawal upon e-mail enquiry by the hotel setting a deadline of 3 working days.

2. If an agreed or requested advance payment or security deposit is not made even after expiry of a reasonable grace period of 3 working days set by the hotel, the hotel shall also be entitled to withdraw from the contract while maintaining the claim.

3. Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if:

- Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;

- events or rooms have been culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay;

- the hotel has reasonable grounds to assume that the event may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;

- the purpose or occasion of the event is unlawful or in breach of the law.

4. the justified withdrawal of the hotel does not justify any claim for damages on the part of the customer.

§ 7 MEANS OF PAYMENT/ PROVISION OF THE SERVICE

1. the applicable prices are gross total prices and include the statutory value added tax. Parking charges apply when using the car park. The hotel reserves the right to adjust the prices accordingly in the event of changes in the rates of taxes, fees and charges and the effective levying of new taxes, fees and charges previously unknown to the parties.

2. Valid means of payment are cash in Euro, EC card, Master Card, Visa Card and American Express in Euro. It is not possible to charge services on an invoice to be paid later.

3. the prices of the respective services shall be determined in accordance with the hotel's price list valid at the time the services are rendered.

4. increases in value added tax shall be borne by the contracting party. If the period between conclusion of the contract and the first contractual service exceeds 120 days, the hotel shall be entitled to increase prices by up to a maximum of 15%. Subsequent changes to the services may lead to changes in the prices. The hotel shall be entitled to demand an advance payment or security deposit of up to 100% of the contracting party's total payment obligation from the contracting party upon conclusion of the contract. The amount of the advance payment and the payment dates may be stipulated in the contract. 

5. Invoices shall generally be paid directly in cash by bank transfer or by credit card. Vouchers from tour operators shall only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund of unused services is excluded. 

6. invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest applicable at the time.

7. The issuing of a total invoice shall not release the customer from the obligation to pay the individual invoices in due time. A delay in payment of even one individual invoice shall entitle the hotel to withhold all further and future services and to make the fulfilment of the services dependent on the provision of security in the amount of up to 100% of the still outstanding payment.

8. a reminder fee of 15.00 euros shall be due for each reminder. All further collection costs incurred shall be borne by the contractual partner.

9. the contract partner may only offset a claim of the hotel if its claim is undisputed or has been established by a court of law. This shall apply mutatis mutandis to the exercise of a right of retention on account of the contract partner's own claims. Claims and other rights may only be assigned with the written consent of the hotel. If the contracting party uses a credit card for the payment of hotel services with advance payment obligation (e.g. general orders with advance payment, guaranteed booking or vouchers) without physically presenting it (e.g. via telephone, Internet or similar), the contracting party shall not be entitled in relation to the hotel to revoke this charge vis-à-vis its credit card institute.

§ 8 VOUCHERS

The voucher can only be redeemed for hotel services in the hotel. If there are remaining credit balances after payments with the voucher, these remain valid. The validity of the voucher is 3 years from the date of issue. Vouchers cannot be returned, are not resalable or transferable and are not redeemable for cash. Vouchers cannot be used as part of online payments. The purchaser of the voucher is responsible for providing the correct data (in particular e-mail address) to which the voucher and invoice are to be sent. Cancellation policy: Declarations regarding vouchers can be cancelled within 14 days without giving reasons in any form (letter, fax, e-mail) or, if the voucher is handed over before the deadline, also by returning the voucher. The period begins after receipt of these instructions in text form, but not before receipt of the voucher by the recipient. The revocation period shall be deemed to have been observed if the revocation or the voucher is sent in good time. The revocation must be sent to Hotel Stadt Kappeln GmbH, Schmiedestr. 36, 24376 Kappeln (info@hotel-stadt-kappeln.de).

§ 9 LIABILITY OF THE HOTEL

The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, the hotel shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel as well as for damages resulting from an intentional or negligent breach of duties typical for the contract. A breach of duty by the hotel is equivalent to a breach of duty by its legal representatives, employees or vicarious agents. Further claims for damages are excluded unless otherwise provided for in these GTC.

In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the guests. The guest is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum. Furthermore, the guest is obliged to inform the hotel in good time of the possibility of an exceptionally high level of damage. The hotel shall be liable for items brought into the hotel in accordance with the statutory provisions. The claim shall lapse if the guest does not notify the hotel immediately after becoming aware of the loss, destruction or damage of the property brought in. The statutory provisions shall apply to unlimited liability.

If the guest is provided with a parking space for cars / bicycles or other items on the hotel premises or hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel shall not be obliged to monitor the parking space. The hotel shall be liable for all damage within the scope of the regulations mentioned in paragraph 1. The guest is obliged to report any damage immediately, obvious damage in any case before leaving the parking facility. The hotel shall not be liable for damage for which other tenants or other third parties are solely responsible.

§ 10 Additional provisions for package travel contracts

If, in addition to providing board and lodging, the hotel's service obligation consists of organising a leisure programme as its own paid service, this shall constitute a so-called package tour contract.

The contracting party may not assert any claims due to changes, deviations or reductions of individual services within the scope of a package tour contract which become necessary after conclusion of the contract if they are merely insignificant.

If agreed and provided services are not used by the contract partner, a reduction or refund of the total fee is not possible.

The hotel shall not be liable for damage suffered by the contract partner on the occasion of the use of a special service provided by a third party. In this respect, the contract partner is referred to the enforcement of his claims against the respective organiser of the special service.

§ 11 PLACE OF PERFORMANCE AND PAYMENT, PLACE OF JURISDICTION, COLLATERAL AGREEMENTS, PARTIAL INVALIDITY,

1. The place of performance and payment for both parties shall be the registered office of the hotel.

2. this contract The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws shall be excluded.

3. with the exception of private end consumers, the registered office of the hotel is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract.

4. Any ancillary agreements, amendments or supplements to these General Terms and Conditions must be made in writing. Unilateral amendments and supplements by the contractual partner are invalid. 

5. Should individual provisions of these general terms and conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the meaning of the invalid provision. In all other respects, the statutory provisions shall apply.

Status 01.02.2022