Hotel Reuterhaus Wismar

Have a really great time with us!

General Terms and Conditions for Hotel Accommodation Contracts

1. Scope of application

1.1 These Terms and Conditions govern contracts for the rental
use of hotel rooms for lodging purposes as well as all other
goods and services rendered for the customer by the hotel.

1.2 The hotel’s prior written consent is required if any rooms provided are to be
sublet or rented to other parties or used for any purpose other than lodging.

1.3 Any Terms and Conditions of the customer shall only apply if they
are previously agreed.

2. Conclusion of the contract, contractual parties, liability and statute of limitations

2.1 The contract shall come into force upon the hotel’s acceptance of the customer’s application. The hotel is at liberty to confirm the room reservation in writing.

2.2 The parties to the contract are the hotel and the customer. If a third party has placed the order on behalf of the customer, then that party shall be liable to the hotel for all obligations arising from the hotel accommodation contract as joint debtor together with the customer, in so far as the hotel is in possession of a corresponding declaration made by the third party.

2.3 The hotel shall be liable for all of its obligations arising from the contract. In non-typical service areas, the hotel’s liability shall be limited to intent and gross negligence.

2.4 The limitation period for all claims of the customer shall be six months.

2.5 This limitation of liability and short limitation period shall apply in the hotel’s favour even in the event of the violation of obligations in the contract formation process and positive violation of contractual duty.

3. Services, prices, payment, set-off

3.1 The hotel shall undertake to keep available the rooms reserved by the customer and to render the agreed services.

3.2 The customer shall undertake to pay the applicable or agreed hotel prices for rooms provided and for any other services used. This shall also apply to any of the hotel’s services and charges to third parties instigated by the customer.

3.3. The agreed prices include the relevant statutory VAT. If the period between the conclusion of the contract and its fulfilment exceeds four months and the price generally charged by the hotel for such services increases, then the latter may increase the contractually agreed price to a reasonable extent, but not, however, by more than ten per cent.

3.4 The hotel may furthermore change prices if the customer retrospectively wishes to change the number of reserved rooms, the hotel’s services, or the length of the guests’ stay and the hotel agrees to such changes.

3.5 Hotel invoices not showing a due date are payable in full within ten days of receipt of invoice. The hotel shall be entitled to make accumulating accounts receivable due at any time and to demand immediate payment. In the event of default of payment, the hotel shall be entitled to invoice for interest at four per cent above the relevant Deutsche Bundesbank lending rate. The customer has the right to prove lower damage and the hotel to prove higher damage.

3.6 The hotel shall be entitled to demand reasonable advance payment or a security deposit upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and payment dates may be agreed in writing in the contract.

3.7 The customer may only reduce or offset a claim by the hotel against a claim that is undisputed or recognised by declaratory judgement.

4. Withdrawal on the part of the customer (cancellation, annulment)

4.1 The customer may withdraw from the contract concluded with the hotel only with the hotel’s written consent. If such consent is not given, then the price agreed in the contract must be paid even if the customer does not make use of the contractual services. This shall not apply in cases where the hotel fails to provide a service or it is impossible to render a service for reasons for which the hotel is responsible.

4.2 Insofar as the hotel and customer have agreed a date for withdrawal from the contract in writing, the customer may withdraw from the contract until such a date without triggering claims on the hotel’s part for payment or compensation. The customer’s right of withdrawal shall expire if by the agreed date the customer has not exercised his right of withdrawal in writing to the hotel, providing the hotel has not failed to render a service or it has been impossible to render a service for reasons for which the hotel is responsible.

4.3 If the customer does not use rooms, the hotel must allow as credit any income from renting the rooms to other parties and any saved expenses.

4.4 The hotel shall be at liberty to claim flat rate compensation from the customer for expenses incurred. The customer shall then undertake to pay 90 per cent of the contractually agreed price for accommodation with or without breakfast, 70 per cent for half-board and 60 per cent for full-board arrangements. The customer shall be at liberty to demonstrate that no damage has been incurred or that the damage incurred by the hotel is less than the demanded lump sum.

5. Withdrawal on the part of the hotel

5.1 Insofar as a customer’s right to withdraw from the contract within a specified period has been agreed in writing , the hotel is entitled for its part to withdraw from the contract if there are enquiries from other customers concerning the reserved rooms and upon enquiry from the hotel the customer does not waive his right to withdraw.

5.2 If an agreed advance payment is not made even after the expiry of a reasonable period of grace set by the hotel with a warning of withdrawal, then the hotel shall likewise be entitled to withdraw from the contract.

5.3 The hotel shall furthermore be entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause if, for example:

• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract

• rooms have been reserved with misleading or false information concerning material facts such as the identity of the customer or the purpose

• the hotel has justified cause to believe that use of the hotel’s services may jeopardise the smooth operation of the hotel, its security or public reputation without being attributable to the hotel’s sphere of management or organisation

• there is a breach of paragraph 1.2 above

5.4 The hotel must inform the customer immediately that it is exercising its right to withdraw from the contract.

5.5 The customer shall have no claim to compensation if the hotel’s withdrawal from the contract is justified.

6. Provision, handing over and return of the room

6.1 The customer has no right to specific rooms.

6.2 Reserved rooms shall be available to the customer from 3 p.m. on the agreed arrival date. The customer has no right to earlier availability.

6.3 Rooms must be vacated and made available to the hotel no later than 12 noon on the agreed departure date. After that time, to cover the damages incurred the hotel may charge 50 per cent of the full accommodation price (rack rate) for the additional use of the room until 6 p.m. and 100 per cent from 6 p.m. The customer shall be at liberty to prove to the hotel that it has incurred no or significantly fewer damages.

7. Liability on the part of the hotel

7.1 The hotel is liable to show the diligence of a prudent merchant. In non-typical service areas, however, this liability is limited to performance defects, damage, consequential damage and disruptions resulting from intent or gross negligence on the part of the hotel. Should disruptions or defects in the performance of the hotel occur, the hotel shall attempt to provide a remedy once known or upon the customer's immediate complaint. The customer shall undertake to take reasonable actions to assist in eliminating the disruptions and keep any possible damage to a minimum.

7.2 The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room price, not to exceed €3076.92, and up to €769.23 for money and valuables. Money and valuables up to a maximum value of €2564.10 may be kept in the hotel safe or room safe. The hotel recommends use of this facility. Liability claims expire if the customer fails to notify the hotel immediately after gaining knowledge of any loss, destruction or damage (Par. 703 German Civil Code).

7.3 Where the hotel has unlimited liability, the statutory provisions shall apply.

7.4 Insofar as the customer is provided with a parking space in the hotel garage or in a hotel car park, this does not constitute a safekeeping agreement, even if a fee is paid. The hotel shall not be liable for any loss of or damage to vehicles that are parked or moved on hotel premises, nor their contents, except in the case of intent or gross negligence. This shall also apply to vicarious agents of the hotel.

7.5 Wake-up calls are provided by the hotel with great care.
Claims for compensation are excluded except in the case of gross negligence or intent.

7.6 Messages, post and goods deliveries for guests are handled with care. The hotel will deliver, store and, on request and for a fee, forward such items. Claims for compensation are excluded except in the case of gross negligence or intent.

8. Final provisions

8.1 Amendments and supplements to the contract, to the acceptance of applications or to these General Terms and Conditions for Hotel Accommodation must be made in writing. Unilateral amendments or supplements effected by the customer shall not be valid.

8.2 The place of performance and payment is the hotel’s registered office.

8.3 The exclusive place of jurisdiction for commercial transactions – including disputes in respect of cheques and bills of exchange – is the court in the location of the hotel’s registered office. In so far as one of the parties to the contract fulfils the requirement of § 38 Par. 1 German Code of Civil Procedure and does not have a general place of jurisdiction within its country, the courts in the location of the hotel’s registered office shall have jurisdiction.

8.4 German law applies.

8.5 In the event that individual provisions in these General Terms and Conditions for Hotel Accommodation are or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects the legal regulations shall apply.