Terms of Service for overnight stays at the Hotel Vorbach Hamburg Betriebs GmbH
Field of application
1. These Terms and Conditions apply to Hotel accommodation contracts as well to all services provided by Hotel Vorbach Hamburg.
2. Sub-contracting or sub-letting of rooms, together with their use for any purposes other than accommodation, require the prior written approval of the Hotel.
3. Leaving the hotel rooms to minors without the company of legal guardians, needs an written agreement between the customer and the Hotel.
4. The customer’s own Terms and Conditions shall only apply if they have previously been expressly agreed in writing.
Contract agreement, contracting parties and limitations
1. The contract becomes valid when the Hotel accepts the customer’s application. It’s up to the Hotel to confirm the booking.
2. The contracting parties are the Hotel and the customer. If a third party has placed a reservation on behalf of the customer, the customer and the third party shall be jointly liable to the Hotel for all obligations arising from the Hotel Accommodation Contract, insofar as the third party shall provide the Hotel with an appropriate statement to this effect.
3. The Hotel and its vicarious agents shall, in accordance with statutory provisions, be liable for damages arising from willful or grossly negligent behavior. Should any faults or shortcomings arise in the services provided by the Hotel, the Hotel will make every effort to correct this if the customer has brought these to its attention or made his objections promptly known. The customer is obliged to make reasonable effort to rectify any fault or minimize any possible loss or damage, and to bring any faults or damage immediately to the Hotel’s attention.
Services, prices, payment
1. The Hotel is obliged to have the booked rooms available according to the present General Terms and to render the services agreed.
2. The Guest is obliged to pay the prices applying to or agreed on for provision of accommodation and additional services he / she has used. This also applies to third-party services and expenses which are incurred to the Hotel by the Guest or the Ordering Party.
3. The agreed prices shall be understood inclusive of VAT . The Hotel reserves the right to increase the agreed prices by the amount by which the applicable VAT or local taxes and levies have increased or by the amount equal to the new local taxes and levies.
4. Hotel invoices without a payment date are payable in full within 10 calendar days of receipt. The Hotel is entitled to demand payments outstanding at any time, and to require immediate payment. In the event of delay in payment, the Hotel is entitled to demand the appropriate legal late payment interest of 8% above the current basic interest rate, or 5% above the basic interest rate in the case of legal transactions involving the customer. Furthermore, the Hotel can charge a fee of EUR 5.00 for every reminder on payment arrears that it sends. The Hotel reserves the right to provide evidence of entitlement to a higher claim to damages.
5. When the contract is agreed, or subsequently in accordance with the legal regulations governing package holidays, the Hotel is entitled to request an appropriate advance or security deposit. The amount of advance payment and the payment deadlines may be agreed in writing in the contract.
6. The acceptance and selection of the credit card is up to the hotel in every case, even if the basic acceptance of the credit card is displayed in the hotel. The receipt of checks, credits cards and other payment methods takes place on account of performance.
Withdrawal of the customer
1. The customer’s withdrawal from a contract agreed with the Hotel is only possible if such right of withdrawal is expressly agreed in the contract, if some other statutory right of withdrawal applies, or if the Hotel expressly agrees to the cancellation of the contract. The agreement of a right to withdrawal and any such agreement to the cancellation of the contract should each be submitted in writing. If a right of withdrawal has not been agreed or has already expired, then no statutory right of withdrawal or cancellation shall be deemed to apply, and should the Hotel not agree to cancellation of the agreement, then the Hotel retains the right to claim the agreed payment even if the services have not been utilized.
2. Provided that a date (optional) for withdrawal from the contract without penalty has been agreed between the customer and the Hotel, the customer may withdraw from the contract without penalty up to this date, without the Hotel making any claim for payment or compensation. The customer’s right to withdrawal is extinguished if he does not exercise his right to withdraw vis-à-vis the Hotel in writing by the agreed date. In such cases the customer is obligated to pay at least 80% of the contractually agreed price.
Withdrawal by the Hotel
1. Provided that the customer’s right to withdraw without penalty within a particular time period has been agreed in writing, the Hotel is also for its part entitled to withdraw without penalty within this time period if applications from other customers for rooms reserved under contract are to hand, and the customer does not waive his right to withdraw.
2. The Hotel is also entitled to withdraw from the contract if an advance payment as agreed or as demanded in accordance with paragraph services, prices, payments is not made.
3. Furthermore, the Hotel is entitled to withdraw from the contract in exceptional circumstance, if so justified for well-founded reasons, especially in the event that
- an act of God or other circumstances beyond the control of the Hotel make the fulfillment of the contract impossible;
- rooms are booked giving a misleading or a false description of essential facts
- the Hotel has good grounds for supposing that the use of the Hotel services might endanger the smooth running of the Hotel’s operations, or the safety or the reputation of the Hotel in the public
4. In the event of a justified withdrawal on the part of Hotel Vorbach, the customer has no entitlement to indemnity.
For a request without engagement, the hotel may give the customer a specific time period. If no written contract comes into existence in the given time period, the power of control over the hotel rooms goes back to the hotel.
1. Booked rooms are only available to the operator in the appointed time period. A claim beyond that needs the permit of the hotel.
2. Additional goods and services like telephone, hotel bar, additional drinks and meals, must be paid by the operator or the visitor. If this is not the case the operator is jointly and severally liable.
Own meals and drinks
The customer is usually not permitted to bring his/her own meals and drinks to the hotel bar or to the meeting rooms. For particular cases the hotel and the customer may agree on additional fees.
The playing of music und all musical events during meetings must be reported to the Gema by the operator. Any charges by the Gema, must be paid by the customer. The hotel is exempted from all claims by the operator.
Technical equipment and ports
1. If the hotel buys technical equipment or other devices for the customer, the customer has the power of attorney and has to pay every invoice. The customer is personally liable for the correct usage and the correct return. He releases the hotel from all third-party-claims.
2. The usage of own electrical equipment in the power grid of the hotel needs a written permit by the hotel. The customer is liable for all disorders created by his own technical equipment. The hotel may bill all accruing electricity costs.
3. Disorders on hotel equipment will be removed as soon as possible. Bills may not be retained if the hotel had nothing to do with the disorder.
4. The customer may use his own telephone or fax if permitted by the hotel. Therefore the hotel may bill a connection fee.
Loss and damage of personal stuff
1. Brought personal items stay in the hotel room at owner’s risk. The hotel assumes no liability for the loss and damage of personal items, except at wanton negligence. Excluded are damages to a person.
2. Decorations have to be fireproof. The hotel may ask for a official statement.
The customer needs a permit in advance to bring up decorations.
3. Brought packaging material or other objects have to be removed immediately after the stay. If the customer does not remove them, the hotel may stores the objects at the expense of the customer.
Liability of the customer
1. If the customer is entrepreneur, he is liable for all damages precipitated by his guest, employees or himself.
2. The hotel may ask for adequate securities.
1. Changes or amendments to the Contract, in the acceptance of the offer or to these General Terms and Conditions for the Hotel Accommodation Contract shall be made in text form. Any unilateral changes or modifications on the part of the Guest shall be invalid.
2. Place of performance and payment shall be the registered office of the Hotel.
3. The place of jurisdiction is Hamburg. Only German law shall apply.
4. In the event of individual provisions of these General Terms and Conditions for Hotel accommodation Contracts being or becoming ineffective or void, the validity of the remaining provisions hereof shall in no way be a effected. Otherwise, statutory provisions shall apply.