GENERAL TERMS AND CONDITIONS

General Terms and Conditions for the Hotel Accommodation Contract
AGB für Veranstaltungen

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

Hotel Alt Lohbrügger Hof e.K.
Owner: Jan-Hendrik Ohl
Leuschnerstrasse 76
D-21031 Hamburg
USt.ID: DE 2636 71573
Commercial register: Hamburg HRA 97702
Tel: +49 40 739 600-0

I. SCOPE

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation 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” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
2. The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the hotel’s prior consent in text form, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer.
3. The customer’s general terms and conditions only apply if this has been expressly agreed upon in writing beforehand.

II. CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS

1. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in text form.
2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he or she is jointly and severally liable to the hotel together with the customer for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
3. All claims against the hotel generally expire one year from the start of the statutory limitation period. Claims for damages expire after five years, regardless of knowledge, unless they are based on an injury to life, body, health or freedom. These claims for damages expire in ten years, regardless of knowledge. The shortened statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. SERVICES, PRICES, PAYMENT, SET-OFF

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the hotel’s agreed or applicable prices for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory sales tax.
3. The hotel can make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the customer’s length of stay requested by the customer dependent on an increase in the price for the rooms and/or for the hotel’s other services .
4. Hotel invoices without a due date are payable without deductions within 10 days of receipt of the invoice. The hotel can demand immediate payment of outstanding claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to prove greater damage.
5. The hotel is entitled to demand an appropriate advance payment or security in the form of a credit card guarantee, a deposit or similar from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the legal provisions remain unaffected.
6. In justified cases, e.g. the customer is in arrears with payments or an extension of the scope of the contract, the hotel is entitled, even after the contract has been concluded, to make an advance payment or security deposit within the meaning of No. 5 above or to increase the advance payment or security deposit agreed in the contract up to the start of the stay to demand the full agreed remuneration.
7. The hotel is also entitled, at the beginning and during the stay, to demand an appropriate advance payment or security deposit from the customer within the meaning of No. 5 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with No. 5 and/or above 6 was done.
8. The customer can only set off or set off an undisputed or legally binding claim against a claim of the hotel.
9. The hotel is entitled to adjust the price if the service is to be provided later than four months after conclusion of the contract and wages or costs for the hotel have increased by more than 5% in the meantime. Due to the price adjustment, the customer is entitled to terminate the contract in writing within 14 days of receipt of the price increase if this makes fulfillment of the contract unreasonable for him.

IV. WITHDRAWAL OF THE CUSTOMER (CANCELING, CANCELLATION) / FAILURE TO USE THE HOTEL SERVICES (NO SHOW)

1. A withdrawal by the customer from the contract concluded with the hotel requires the hotel’s consent in text form. If this does not occur, the agreed price from the contract must be paid even if the customer does not use the contractual services.
2. If a date for free withdrawal from the contract has been agreed between the hotel and the customer in text form, the customer can withdraw from the contract until then without triggering any claims for payment or damages from the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the hotel in text form by the agreed date.
3. If rooms are not used by the customer, the hotel must credit the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented to someone else, the hotel can demand the contractually agreed remuneration and make a flat rate deduction for the hotel’s saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise to the required amount.

V. WITHDRAWAL OF THE HOTEL

1. If it has been contractually 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 does so upon request from the hotel does not waive his right to withdraw.
2. If an advance payment or security deposit agreed upon or requested above in accordance with Section III Numbers 5 and/or 6 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.
3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
– Force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible;
– Rooms or rooms are culpably booked with misleading or false information about essential contractual facts, e.g. about the customer or the purpose of his stay;
– the hotel has reasonable grounds to believe that the use of the hotel service may endanger the smooth business operations, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of ​​the hotel;
– the purpose or reason for the stay is unlawful;
– there is a violation of Section I No. 2 mentioned above.
4. If the hotel withdraws with justification, the customer is not entitled to compensation.

VI. ROOM PREPARATION, DELIVERY AND RETURN

1. The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier availability.
3. On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract until 6:00 p.m., and 100% from 6:00 p.m. This does not justify the customer’s contractual claims. He is free to prove that the hotel has no or a significantly lower claim to usage fees.

VII. LIABILITY OF THE HOTEL

1. The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the hotel and damages that are based on an intentional or negligent breach of based on the hotel’s typical contractual obligations. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. If disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and keep any possible damage to a minimum.
2. The hotel is liable to the customer for items brought in in accordance with the statutory provisions. Thereafter, liability is limited to one hundred times the room price, but a maximum of €3,500 and, alternatively, for money, securities and valuables up to a maximum of €800. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of €5,000. The hotel recommends that you use this option.
3. If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a storage contract. The hotel is not liable if motor vehicles parked or maneuvered on the hotel property and their contents are lost or damaged, except in cases of intent or gross negligence. The provisions of number 1, sentences 2 to 4 above apply accordingly to the exclusion of the customer’s claims for damages.
4. Wake-up calls are carried out by the hotel with the greatest care. Messages, mail and shipments of goods for guests are handled with care. The hotel takes care of delivery, storage and – if requested – forwarding of the same for a fee. The provisions of number 1, sentences 2 to 4 above apply accordingly to the exclusion of the customer’s claims for damages.

VIII. Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG

The EU OS platform for out-of-court online dispute resolution can be accessed at the following link: http://ec.europa.eu/consumers/odr/ Our email address is:
hotel@altlohbrueggerhof.de.de
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not willing to do so.

IX. FINAL PROVISIONS

1. Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
2. The place of fulfillment and payment is the location of the hotel.
3. The exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial transactions is the hotel’s registered office. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions be or become ineffective or void, this will not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.

TERMS AND CONDITIONS FOR EVENTS

Hotel Alt Lohbrügger Hof e.K.
Owner: Jan-Hendrik Ohl
Leuschnerstrasse 76
D-21031 Hamburg
USt.ID: DE 2636 71573
Commercial register: Hamburg HRA 97702
Tel: +49 40 739 600-0

I. SCOPE

1. These terms and conditions apply to contracts for the rental of the hotel’s conference, banquet and event rooms for the organization of events such as banquets, seminars, meetings, exhibitions and presentations, etc. as well as to all other services provided to the customer in this context Hotel supplies.
2. The subletting or subletting of the rooms, areas or showcases provided as well as invitations to interviews, sales or similar events require the hotel’s prior consent in writing, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived unless the customer consumer is.
3. The customer’s general terms and conditions only apply if this has been expressly agreed upon in writing beforehand.

II. CONCLUSION OF CONTRACT, PARTNER, LIABILITY, STATUTE OF LIMITATIONS

1. The contract is concluded when the hotel accepts the customer’s application; these are the contractual partners. The hotel is free to confirm the booking of the event in text form.
2. If the customer/orderer is not the organizer himself or if a commercial agent or organizer is engaged by the organizer, the organizer is jointly and severally liable with the customer for all obligations arising from the contract, provided that the hotel has a corresponding declaration from the organizer.
3. The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the hotel and damages that are based on an intentional or negligent breach of based on the hotel’s typical contractual obligations. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. If disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and keep any possible damage to a minimum. Furthermore, the customer is obliged to inform the hotel in a timely manner of the possibility of exceptionally high damage occurring.
4. All claims against the hotel generally expire one year from the start of the statutory limitation period. Claims for damages expire after five years, regardless of knowledge, unless they are based on an injury to life, body, health or freedom. These claims for damages expire in ten years, regardless of knowledge. The shortened statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. SERVICES, PRICES, PAYMENT, SET-OFF

1. The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
2. The customer is obliged to pay the hotel’s agreed or applicable prices for these and other services used. This also applies to services and expenses of the hotel to third parties arranged by the customer, in particular to claims from copyright collecting societies. The agreed prices include the respective statutory sales tax.
3. Hotel invoices without a due date are payable without deductions within 10 days of receipt of the invoice. The hotel can demand immediate payment of outstanding claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to prove greater damage.
4. The hotel is entitled to demand an appropriate advance payment or security in the form of a credit card guarantee, a deposit or similar from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract.
5. In justified cases, e.g. the customer is in arrears in payment or an extension of the scope of the contract, the hotel is entitled, even after the contract has been concluded, to make an advance payment or security deposit within the meaning of No. 4 above or to increase the advance payment or security deposit agreed in the contract up to the start of the event to demand the full agreed remuneration.
6. The customer can only set off or set off an undisputed or legally binding claim against a claim of the hotel.
7. The hotel is entitled to adjust the price if the service is to be provided later than four months after conclusion of the contract and in the meantime wages or costs for the hotel have increased by more than 5%. Due to the price adjustment, the customer is entitled to terminate the contract in writing within 14 days of receipt of the price increase if this makes fulfillment of the contract unreasonable for him.

IV. WITHDRAWAL OF THE CUSTOMER

(UNSUBSCRIBE, CANCELLATION)

1. A withdrawal by the customer from the contract concluded with the hotel requires the hotel’s consent in text form. If this does not occur, the agreed room rent from the contract as well as services arranged with third parties must be paid in any case, even if the customer does not use the contractual services and subletting is no longer possible.
2. If a date for free withdrawal from the contract has been agreed between the hotel and the customer in text form, the customer can withdraw from the contract until then without triggering any claims for payment or damages from the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the hotel in text form by the agreed date.
3. If the customer only withdraws between the 8th and 4th week before the event date, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price, and 70% of the food sales for any subsequent cancellation.
4. The food turnover is calculated using the formula: agreed meal price x number of participants. If no price has yet been agreed for the meal, the cheapest 3-course menu of the current event offer will be used.
5. If a flat rate (conference, wedding, or food/drinks package) has been agreed per participant, the hotel is entitled to charge 60% if the participant cancels between the 8th and 4th week before the event date, or 60% if the cancellation occurs later 85% of the flat rate x the agreed number of participants must be invoiced.
6. The deduction of saved expenses is taken into account in numbers 3 to 5. The customer is free to prove that the above-mentioned claim did not arise or did not arise to the required amount.

V. WITHDRAWAL OF THE HOTEL

1. If it has been agreed in writing 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 event rooms and the customer responds to the request Hotels has not waived its right to withdraw.
2. If an agreed advance payment or security deposit requested in accordance with Section III Numbers 4 and/or 5 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.
3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
– Force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible;
– Events or rooms are booked with misleading or false information about essential contractual facts, e.g. about the customer or the purpose of the event;
– the hotel has reasonable grounds to believe that the event may endanger the smooth running of business, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of ​​the hotel;
– the purpose or reason for the event is unlawful;
– there is a violation of Section I No. 2.
4. If the hotel withdraws with justification, the customer is not entitled to compensation.

VI. CHANGES IN THE NUMBER OF PARTICIPANTS AND EVENT TIME

1. A change in the number of participants of more than 5% must be communicated to the hotel at least five working days before the start of the event; it requires the hotel’s consent in text form.
2. A reduction in the number of participants (within the scope of the above-mentioned regulation VI. No. 1) by the customer by a maximum of 5% will be recognized by the hotel when billing. If there are any deviations beyond this, the originally agreed number of participants minus 5% will be used. The customer has the right to reduce the agreed price by the expenses he can prove that he has saved due to the lower number of participants.
3. In the event of an upward deviation, the actual number of participants will be calculated.
4. If the number of participants varies by more than 10%, the hotel is entitled to reset the agreed prices and exchange the confirmed rooms, unless this is unreasonable for the customer.
5. If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel can invoice the additional service accordingly, unless the hotel is at fault.

VII. BRINGING FOOD AND DRINKS

The customer is generally not allowed to bring food and drinks to events. Exceptions require an agreement with the hotel in text form. In these cases, a contribution will be charged to cover overhead costs.

VIII. TECHNICAL EQUIPMENT AND CONNECTIONS

1. If the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it acts in the name, with authority and on behalf of the customer. The customer is liable for careful treatment and proper return. He releases the hotel from all third-party claims arising from the provision of these facilities.
2. The use of the customer’s own electrical systems using the hotel’s power network requires the customer’s consent in writing. Any malfunctions or damage to the hotel’s technical systems caused by the use of these devices will be borne by the customer, unless the hotel is responsible for this. The hotel may record and charge a flat rate for the electricity costs arising from use.
3. With the consent of the hotel, the customer is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.
4. If the hotel’s suitable systems remain unused due to the customer’s own systems being connected, a loss compensation may be charged.
5. Malfunctions in technical or other facilities provided by the hotel will be eliminated immediately if possible. Payments cannot be withheld or reduced unless the hotel is responsible for these disruptions.

IX. LOSS OR DAMAGE TO BROUGHT ITEMS

1. Exhibition or other items, including personal items, are located in the event rooms or in the hotel at the customer’s risk. The hotel assumes no liability for loss, destruction or damage, including financial loss, except in the event of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, body or health. In addition, all cases in which safekeeping represents a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
2. Any decorative material brought along must meet the fire protection requirements. The hotel is entitled to request official proof of this. If such proof is not provided, the hotel is entitled to remove material that has already been brought in at the customer’s expense. Due to possible damage, the placement and attachment of items must be coordinated with the hotel in advance.
3. Any exhibition or other items brought along must be removed immediately after the end of the event. If the customer fails to do this, the hotel may remove and store the items at the customer’s expense. If the items remain in the event room, the hotel can charge appropriate compensation for use for the duration of their stay. The customer is free to prove that the above-mentioned claim did not arise or did not arise to the required amount.

X. CUSTOMER LIABILITY FOR DAMAGES

1. If the customer is an entrepreneur, he is liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
2. The hotel may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).

XI. ALTERNATIVE DISPUTE RESOLUTION IN ACCORDANCE WITH ART. 14 PARA.1 ODR-VO AND § 36 VSB

The EU OS platform for out-of-court online dispute resolution can be accessed at the following link: http://ec.europa.eu/consumers/odr/ Our email address is: hotel@altlohbrueggerhof.de.de
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not willing to do so.

XII. FINAL PROVISIONS

1. Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
2. The place of fulfillment and payment is the location of the hotel.
3. The exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial transactions is the hotel’s registered office. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. If individual provisions of these general terms and conditions for events are ineffective or void, this will not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.