1. SCOPE OF APPLICATION
These terms and conditions apply to all contracts for the rental of hotel rooms and flats for accommodation as well as all other services and deliveries provided to the customer by Scheelehof Betreibergesellschaft mbH (hotel accommodation contract). Terms and conditions of the customer are not accepted unless agreed in text form.
2. SUBLETTING, OTHER USE OF ROOMS AND HOTEL SPACE
The subletting and further letting of the rooms/apartments provided requires the consent of Scheelehof Betreibergesellschaft mbH in text form.
Without the prior consent of Scheelehof Betreibergesellschaft mbH in text form, it is prohibited to use the rooms/apartments provided and hotel areas outside the rooms/apartments for purposes other than typical hotel and accommodation purposes. Sales events, job interviews, castings, demonstrations, etc. require the approval of Scheelehof Betreibergesellschaft mbH in text form and may be subject to an additional charge.
3. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
The contract is concluded by acceptance of the application by Scheelehof Betreibergesellschaft mbH in text form (e.g. letter, e-mail, fax).
The contractual partner is the person who makes the booking or on whose behalf the booking is made (hereinafter referred to as the customer). Substitutions are to be disclosed at the time of booking. The booked guest and the customer are jointly and severally liable for the fulfilment of the obligations of the hotel accommodation contract, unless the proxies were disclosed at the time of booking or are already known to Scheelehof Betreibergesellschaft mbH. All claims against Scheelehof Betreibergesellschaft mbH must be asserted immediately. Claims against Scheelehof Betreibergesellschaft mbH are subject to a limitation period of one year from the statutory commencement of the limitation period. This limitation does not apply to claims resulting from an intentional or grossly negligent breach of duty on the part of Scheelehof Betreibergesellschaft mbH or one of its vicarious agents as well as damage to life, body and health.
4. SERVICES, PRICES, SUBSEQUENT CHANGES
Scheelehof Betreibergesellschaft mbH undertakes to provide the agreed services and to make the booked rooms/apartments available. The customer is obliged to accept the agreed services and booked rooms/apartments and to pay the prices valid or contractually agreed at the time of booking. The prices include statutory value added tax at the time of booking. The customer must notify us in good time of any changes after conclusion of the contract. Substantial changes are considered a new offer by the customer and require the consent of Scheelehof Betreibergesellschaft mbH. In the event of subsequent changes regarding the number of rooms, the number of persons arriving, the additional services as well as the length of stay, Scheelehof Betreibergesellschaft mbH is entitled to increase the prices accordingly. In the event of significant reductions, Scheelehof Betreibergesellschaft mbH is entitled to apply its cancellation conditions (Clause 6).
5. INVOICES, ADVANCE PAYMENT, DEFAULT, REMINDER COSTS, SET-OFF
Invoices are due immediately and without deduction, unless other payment terms and deductions (e.g. cash discount) have been agreed upon or granted with the invoice. Scheelehof Betreibergesellschaft mbH is entitled to demand an advance payment or security deposit in the form of a credit card guarantee or down payment or similar upon conclusion of the contract. In justified cases, e.g. payment arrears on the part of the customer, this is also possible after conclusion of the contract and also during the stay. Interest on arrears shall be charged in accordance with the statutory provisions. Each reminder is charged at a flat rate of € 5. The customer may only offset, reduce or exercise a right of retention against a claim of Scheelehof Betreibergesellschaft mbH with undisputed or legally established claims.
6. CANCELLATION, NO-SHOW, EARLY DEPARTURE OF THE CUSTOMER (CANCELLATION CONDITIONS)
The customer may cancel/cancel the booking in text form at any time. As a rule, a cancellation free of charge requires the consent of Scheelehof Betreibergesellschaft mbH in text form. If this consent is not given, the following cancellation conditions apply:
Scheelehof Betreibergesellschaft mbH is entitled to demand flat-rate compensation.
Up to 4 weeks prior to the agreed arrival date, the customer may cancel/cancel free of charge. If the cancellation is made up to 2 weeks before arrival 30%, up to 1 week before arrival 50 %, up to 3 days before arrival 70 % and on
and 2nd day before arrival as well as in case of non-appearance 90 of the total booked service will be charged.
This cancellation policy also applies in the event of early departure.
Scheelehof Betreibergesellschaft mbH can claim higher damages in addition to the above-mentioned lump-sum compensation upon proof, e.g. if it had to pay for services of third parties (ferry ticket, museum admission, excursions, etc.) that could not be cancelled or could only be cancelled in part. Scheelehof Betreibergesellschaft mbH will of course endeavour to allocate the rooms/apartments and services ordered elsewhere and to keep the damage to a minimum. The customer reserves the right to prove a lower amount of damage.
7. PERIOD OF RELEASE, CANCELLATION BY STRALSUND HOTELS
It can be agreed in text form that the customer can cancel/cancel free of charge within a certain period of time. Scheelehof Betreibergesellschaft mbH may stipulate that from a certain point in time it is entitled to let the vacated rooms to other parties without incurring any liability for damages. Scheelehof Betreibergesellschaft mbH is entitled to withdraw from or terminate the hotel accommodation contract for important reasons. Important reasons are e.g. force majeure, serious breaches of duty by the customer, in particular actions by the customer which endanger the smooth running of the business, the safety or the reputation of Scheelehof Betreibergesellschaft mbH in the public. Good cause shall also be deemed to exist in the event of non-payment of the required advance payment or provision of security despite a reasonable grace period and if the customer uses hotel rooms/apartments and/or other hotel areas for other purposes without authorisation (Clause 2). Scheelehof Betreibergesellschaft mbH may stop unauthorised uses that are not typical for the contract and demand that they be discontinued. In case of non-compliance by the customer, Scheelehof Betreibergesellschaft mbH may terminate the hotel accommodation contract without notice. In the event of justified termination by Scheelehof Betreibergesellschaft mbH for reasons for which the customer is responsible, the cancellation conditions of Clause 6 apply.
8. ROOM ORDER, ARRIVAL AND DEPARTURE TIME
The client does not acquire any claim to the provision of specific rooms/apartments. In the
hotel accommodation contract, the same applies if the rooms/apartments are provided for in the arrangements confirmed in text form.
If the contractually agreed rooms are not available, Scheelehof Betreibergesellschaft mbH undertakes to arrange equivalent or higher-quality substitutes on the premises or in other comparable properties. Arrival is possible from 16.00 hrs on the day of arrival. There is no entitlement to earlier provision and this is only possible by prior arrangement. The customer should notify the reception by telephone of arrivals later than 18.00 hrs. After 6.00 p.m. Scheelehof Betreibergesellschaft mbH assumes that there is no longer any interest in the reserved rooms/apartments and will endeavour to allocate the rooms/apartments elsewhere in order to avoid cancellation liability on the part of the customer. The rooms/apartments should be vacated by 12.00 noon at the latest on the day of departure. Extensions are to be agreed with the reception. The customer shall be charged 30 % of the room/apartment price for the agreed keeping of the room/apartment available from 12.00 noon to 6.00 p.m.; after 6.00 p.m. the full room/apartment price shall be paid. This does not entitle the customer to stay. The customer is at liberty to prove that Scheelehof Betreibergesellschaft mbH has no or a lesser claim to a usage fee. Rooms/apartments which are not vacated by 12.00 noon without an extension agreement will be opened and the luggage stored.
9. LIABILITY OF STRALSUND HOTELS
Scheelehof Betreibergesellschaft mbH is liable for damages resulting from its own breach of duty as well as from breaches of duty by vicarious agents or assistants. Liability for simple negligence is excluded, with the exception of injury to life, limb or health. Scheelehof Betreibergesellschaft mbH is only liable for items brought in by the customer in accordance with the provisions of §§ 701 ff BGB (German Civil Code), i.e. 100 times the room rate, up to a maximum of € 3,500, and for securities, money and valuables up to € 800. It is recommended to use the room safe or the central hotel safe. For sums of money above the above-mentioned limit, storage in the hotel safe is necessary. Scheelehof Betreibergesellschaft mbH accepts no liability for damage to or theft of the vehicle in the designated parking spaces - even in return for payment. A custody contract is not concluded and there is no obligation to guard the vehicle. Should damage to the vehicle be caused by a parking service of Scheelehof Betreibergesellschaft mbH, Scheelehof Betreibergesellschaft mbH is only liable for gross negligence and intent. Wake-up calls are carried out conscientiously: No liability is assumed. Messages, mail and consignments of goods to the customer will be handled with care. Scheelehof Betreibergesellschaft mbH will take care of delivery and storage, and after departure, on request, against payment, also of forwarding to the customer. Any items left behind by the customer will only be forwarded at the customer's request and expense. The items left behind will be stored for 3 months - provided they are not perishable - and then handed over to the local lost property office. If the items have no recognisable value, Scheelehof Betreibergesellschaft mbH reserves the right to destroy the items left behind after expiry of the period.
10. FINAL PROVISIONS
Changes and additions to the hotel accommodation contract and these general terms and conditions
terms and conditions must be made in writing. The exclusive place of payment and performance is Stralsund. The exclusive place of jurisdiction for commercial customers is Stralsund. German law shall apply exclusively. The application of conflict of laws of the European Union, e.g. the UN Convention on Contracts for the International Sale of Goods, is excluded. The parties undertake to replace ineffective provisions by effective provisions which are as close as possible in meaning to the ineffective provisions. Ineffective provisions shall not affect the validity of these terms and conditions and all effective provisions shall remain in force. The law shall apply in addition.