General Terms and Conditions for the Hotel Accommodation Agreement

As of February 2025
HAFENHOTEL MEERESZEITEN GMBH · AM JACHTHAFEN 2-4 · D-23774 HEILIGENHAFEN

1 SCOPE

1.1
These Terms and Conditions apply to contracts for the rental of
hotel rooms for lodging, as well as all other services and deliveries provided by the hotel to the customer
in this context (hotel accommodation contract).
The term “hotel accommodation contract” encompasses and replaces the following terms:
lodging contract, guest accommodation contract, hotel contract, and hotel room contract.

1.2
Subletting or subleasing the rooms provided, as well as using them for
purposes other than lodging, requires the prior consent of the hotel
in writing, whereby Section 540(1), sentence 2 of the German Civil Code (BGB) is waived to the extent that the customer
is not a consumer.

1.3
The customer’s general terms and conditions apply only if this
has been expressly agreed upon in advance.

2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS

2.1
The contracting parties are the hotel and the customer. The contract is concluded upon the hotel’s acceptance
of the customer’s request. The hotel is free to
confirm the room reservation in writing.

2.2
All claims against the hotel generally become time-barred one year after the
statutory commencement of the statute of limitations. This does not apply to claims for damages and
other claims, provided that the latter are based on an intentional or grossly
negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, SETOFF

3.1
The hotel is obligated to reserve the rooms booked by the guest and
to provide the agreed-upon services.

3.2
The customer is obligated to pay the prices agreed upon or applicable at
for the room rental and any additional services the customer has requested at
. This also applies to services ordered by the customer directly or through the hotel at
that are provided by third parties and paid for in advance by the hotel.

3.3
The agreed-upon prices include the taxes and local fees in effect at the time the
contract is concluded. Not included are
local fees that, under applicable local law, are the guest’s own responsibility
—such as a visitor’s tax.

In the event of a change in the statutory value-added tax or the introduction, modification, or
abolition of local taxes on the subject matter of the service after the contract has been concluded
, the prices will be adjusted accordingly. For contracts with consumers,
this applies only if the period between the conclusion of the contract and its performance
exceeds four months.

3.4
The hotel may make its consent to a subsequent
reduction in the number of rooms booked, the hotel’s services, or the
length of the guest’s stay—as requested by the guest—contingent upon an increase in the price for the
rooms and/or the hotel’s other services.

3.5
Hotel invoices without a due date are payable without deduction within fourteen days of receipt
of the invoice. The customer agrees to receive the
digital invoice in PDF format. The hotel may at any time require the customer to make immediate
payment of due amounts. In the event of late payment
by the customer, the statutory provisions apply. The hotel reserves the right to prove
that it has incurred greater damages.

3.6
Upon conclusion of the contract, the hotel is entitled to require the customer to make a reasonable
advance payment or provide security, for example in the form of a
credit card guarantee. The amount of the advance payment and the
payment dates may be agreed upon in writing in the contract. In the case of
advance payments or security deposits for package tours, the
statutory provisions remain unaffected. In the event of late payment by the customer, the
statutory provisions apply.

3.7
In justified cases—such as the customer’s delinquency in payment or an expansion
of the scope of the contract—the hotel is entitled, even after the contract has been concluded and up until
the start of the stay, to demand an advance payment or security deposit as defined
in Section 3.6 above, or to increase the
advance payment or security deposit up to the full agreed-upon compensation at
.

3.8
The hotel is also entitled, at the beginning of and during the guest’s stay
to require a reasonable advance payment or security deposit, as defined in
the preceding Section 3.6, for existing and future claims arising from the contract
to the extent that such payment or deposit has not already been made in accordance with the preceding Section 3.6
and/or Section 3.7.

3.9
The customer may offset or set off a claim against the hotel only with a claim against
that is undisputed or has become final.

4 CUSTOMER WITHDRAWAL (CANCELLATION) /
FAILURE TO UTILIZE THE HOTEL'S SERVICES (NO-SHOW)

4.1
The customer may only cancel the contract concluded with the hotel
if a right of cancellation has been expressly agreed upon in the contract,
if another statutory right of cancellation exists, or if the hotel
expressly agrees to the cancellation of the contract. The agreement of a right of cancellation
as well as any consent to the cancellation of the contract must be made in
writing.

4.2
Group reservations and corporate rates are subject to separate cancellation policies.
The customer may find these in the hotel contract, group contract, or corporate contract.

4.3
The cancellation policy depends on the rate plan booked. The customer can find the booked
rate plan in the reservation confirmation. An overview of the
available rate plans:

4.4
If a right of withdrawal has not been agreed upon or has already expired, 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 retains the right to the agreed-upon
compensation despite the service not being used. If the rooms are not
rented to other guests, the hotel may apply a flat-rate deduction for saved expenses
. In this case, the customer is obligated to pay at least 80% of the
contractually agreed-upon price for overnight stays with or without breakfast, as well as
for package deals including third-party services. The customer is free to
provide evidence that the aforementioned claim did not arise or did not arise in the
amount claimed.

4.5
Demand and hotel occupancy determine the price and availability
of the rates. Not all rates are available for booking at all times.

5 CANCELLATION BY THE HOTEL

5.1
If it has been agreed that the customer may withdraw from the contract free of charge within a certain period
, the hotel is, for its part, entitled during this period
to withdraw from the contract if there are inquiries from other customers
regarding the rooms booked under the contract and the customer, upon inquiry by the
hotel and after being given a reasonable deadline, does not waive their right to withdraw.

5.2
If an advance payment or security deposit agreed upon or required pursuant to Section 3.6 and/or Section 3.7
is not made even after the expiration of a reasonable grace period set by the hotel
, the hotel is also entitled to
withdraw from the contract.

5.3
Furthermore, the hotel is entitled to terminate the contract
for cause, in particular if

• Force majeure or other circumstances beyond the hotel’s control that make it impossible to fulfill
  the contract;
• Rooms or spaces are booked through negligent provision of misleading or false information, or
  by concealing material facts; such material facts may include the
  customer’s identity, financial standing, or purpose of stay;
• the hotel has reasonable grounds to believe that the use of the
  service may jeopardize the smooth operation of the business, the safety, or the public reputation
  of the hotel, without this being attributable to the
  hotel’s sphere of control or organizational authority;
• the purpose or reason for the stay is unlawful;
• there has been a violation of section 1.2 above.

5.4
The hotel’s justified termination of the contract does not entitle the customer to
compensation for damages.

6. PROVISION, HANDOVER, AND RETURN OF ROOMS

6.1
The customer has no right to the provision of specific rooms, unless
this has been expressly agreed upon.

6.2
Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed-upon arrival date at
. The customer is not entitled to check in earlier.

6.3
On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 11:00 a.m.
After that time, the hotel may, due to the delayed
vacation of the room and its use beyond the terms of the contract, charge 50% of the full lodging price (list price) until 6:00 p.m.
50% of the full room rate (list price); from 6:00 p.m. onward,
90%. This does not give rise to any contractual claims on the part of the guest.
The guest is free to prove that the hotel incurred no claim for usage fees or a significantly
lower claim.

7. HOTEL LIABILITY

7.1
The hotel is liable for damages resulting from loss of life,
bodily injury, or harm to 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
obligations typical to the contract by the hotel. A breach of duty by the
hotel is deemed equivalent to a breach by a legal representative or vicarious agent.
Further claims for damages are excluded, unless otherwise provided for in this Section 7
. Should disruptions or defects occur in the
services provided by the hotel, the hotel will endeavor to remedy the situation upon becoming aware of the issue or upon
immediate notification by the customer. The customer is
obligated to make every reasonable effort to help resolve the disruption and to minimize any
potential damage.

7.2
The hotel is liable to the guest for items brought onto the premises in accordance with statutory
provisions. The hotel recommends using the hotel or room safe.
If the guest wishes to bring in cash, securities, and valuables worth more than
800 euros or other items worth more than 3,500 euros
, a separate storage agreement with the hotel is required.

7.3
The hotel is entitled to dispose of lost and found items
after a storage period of no more than six months. Perishable goods and consumables
(cosmetics, medications) are exempt from this time limit.

7.4
To the extent that a parking space in the hotel parking lot is made available to the customer—even for a fee—
this does not constitute a contract of safekeeping. In the event of
loss or damage to motor vehicles, bicycles, or e-bikes (including batteries, rechargeable batteries, and
chargers) and their contents, the hotel is liable only in accordance with the provisions of the above
Section 7.1, sentences 1 through 4.

7.5
Wake-up calls are handled by the hotel with the utmost care. Messages, mail
and packages for guests are handled with care. The hotel
is responsible for the delivery, safekeeping, and—upon request and for a fee—
forwarding of such items. The hotel’s liability in this regard is limited to the provisions of the preceding
Section 7.1, sentences 1 through 4.

8 FINAL PROVISIONS

8.1
Any amendments or additions to the contract, the acceptance of the application, or these
General Terms and Conditions must be made in writing. Unilateral
amendments or additions by the customer are invalid.

8.2
Place of performance and payment, as well as the exclusive venue—including for
disputes involving checks and bills of exchange—is Oldenburg in
Holstein in commercial transactions. If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO)
and has no general venue within Germany, the venue shall be
Oldenburg in Holstein.

8.3
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws rules
is excluded.

8.4
Should any individual provisions of these General Terms and Conditions be or become invalid
or void, this shall not affect the validity of the remaining
provisions. In all other respects, the statutory provisions shall apply.

© German Hotel Association (IHA) e.V.
As of February 2025