1. SCOPE OF APPLICATION
These terms and conditions apply to all contracts for the rental of hotel rooms and apartments 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
Subletting and other use 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 leased rooms/apartments and hotel areas located 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, STATUTE OF LIMITATIONS
The contract is concluded by the 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 fulfillment 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 start of the limitation period. This limitation does not include claims that are due to an intentional or grossly negligent breach of duty by 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 obligated 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 the statutory value added tax at the time of booking. Changes after the conclusion of the contract shall be notified by the customer in due time. Significant changes are considered a new offer by the customer and require the consent of Scheelehof Betreibergesellschaft mbH. In case of subsequent changes regarding the number of rooms, the number of arrivals, the additional services as well as the length of stay, Scheelehof Betreibergesellschaft mbH is entitled to increase the prices accordingly. In case of significant reductions, Scheelehof Betreibergesellschaft mbH is entitled to apply its cancellation conditions (item 6).
5. INVOICES, ADVANCE PAYMENT, DEFAULT, REMINDER COSTS, OFFSETTING
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 of the customer, this is also possible after conclusion of the contract and also during the stay. The interest on arrears is based on the legal regulations. Each reminder will be charged with 5,-- € lump sum. The customer can only offset, reduce or exercise a right of retention with undisputed or legally established claims against a claim of Scheelehof Betreibergesellschaft mbH.
6. CANCELLATION, NO-SHOW, EARLY DEPARTURE OF THE CUSTOMER (CANCELLATION CONDITIONS)
The customer can 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 available, the following cancellation conditions apply:
Scheelehof Betreibergesellschaft mbH is entitled to demand lump-sum compensation.
Up to 4 weeks before the agreed arrival date, the customer can cancel/cancel free of charge. If the cancellation is made
up to 2 weeks before arrival 30 % will be charged,
up to 1 week before arrival 50 %,
up to 3 days before arrival 70 % and on
1. and 2. day before arrival as well as in case of no-show 90 % of the total
of the total booked service will be charged.
This cancellation policy also applies in the event of early departure.
Scheelehof Betreibergesellschaft mbH may, in addition to the above-mentioned flat-rate compensation, claim higher damages upon proof, e.g. if the customer had to pay for services of third parties (ferry ticket, museum entrance, excursions, etc.) that could not be cancelled or could only be cancelled in part. The Scheelehof Betreibergesellschaft mbH will of course make every effort to assign the ordered rooms/apartments and services elsewhere and to keep the damage low. 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 can stipulate that it is entitled to rent the released rooms to other parties from a certain point in time without incurring 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 that endanger the smooth operation of the business, the safety or the reputation of Scheelehof Betreibergesellschaft mbH in the public. Good cause also exists 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 approval (Item 2). Scheelehof Betreibergesellschaft mbH can stop unauthorized 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 customer does not acquire any right to the provision of certain rooms/apartments. In the
hotel accommodation contract certain rooms/apartments can be agreed upon, 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 4:00 p.m. on the day of arrival. There is no right to an earlier provision and is only possible after prior agreement. The customer should indicate later arrivals than 18.00 to the reception by telephone. After 6:00 p.m., Scheelehof Betreibergesellschaft mbH assumes that there is no longer any interest in the reserved rooms/apartments and, in order to avoid the customer's cancellation liability, will make every effort to assign the rooms/apartments elsewhere. The vacating of the rooms/apartments on the day of departure should be done by 12:00 noon at the latest. Extensions are to be agreed with the reception. The customer will 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 is to be paid. This does not entitle the customer to stay. The customer is free to prove that Scheelehof Betreibergesellschaft mbH has no or a lesser claim to a usage fee. Rooms/apartments that 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, except for injuries to life, body 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), which is 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 assumes no liability for damage or theft of the vehicle on the designated parking spaces - even against payment. A safekeeping contract does not come into being, a guard duty does not exist. 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 will be assumed. Messages, mail and consignments of goods to the customer will be handled with care. The Scheelehof Betreibergesellschaft mbH takes over the delivery and storage as well as after departure on request, against payment, also the forwarding to the customer. Items left behind by the customer will only be forwarded upon request and at the expense of the customer. The returned items will be kept for 3 months - as far as they are not perishable - and then handed over to the local lost and found office. If the items have no recognizable value, Scheelehof Betreibergesellschaft mbH reserves the right to destroy the items left behind after the expiration of the period.
10. FINAL PROVISIONS
Amendments and supplements to the hotel accommodation contract and these General
Terms and Conditions must be made in text form. Exclusive place of payment and fulfillment is Stralsund. 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 invalid provisions with valid provisions that are as close as possible in meaning to the invalid provision. Ineffective provisions shall not affect the validity of these Terms and Conditions and all effective provisions shall remain in force. In addition, the law shall apply.