General Terms and Conditions of Hotel Rosengarten GmbH from Hamburg

for the hotel accommodation contract (AGBH 8.1)

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 Hotel Rosengarten for the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, and hotel room contract.
2. The subletting or further rental of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby the right of termination is waived in accordance with Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB).
3. The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing.

Conclusion of contract, partner

The contractual partners are the Hotel Rosengarten and the customer. The contract is concluded upon the hotel's acceptance of the customer's request. In the case of bookings made via the hotel's own website, the contract is concluded upon clicking the "Book" button.

Services, prices, payments and offsetting

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obligated to pay the agreed or applicable hotel prices for the room and any additional services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
3. The agreed prices include all taxes and local charges applicable at the time of contract conclusion. Local charges that are payable by the guest under the respective municipal law, such as the culture and tourism tax, are not included.
4. If the statutory sales tax changes or if local taxes on the service object are introduced, changed, or abolished after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and contract fulfillment exceeds four months.
5. If payment by invoice has been agreed, payment must be made without deduction within seven days of receipt of the invoice, unless otherwise agreed.
6. The hotel is entitled to request an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example, in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract. In the event of default by the customer, the statutory provisions apply.
7. In justified cases, for example, if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after the conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit within the meaning of Section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
8. The hotel is also entitled to request an appropriate advance payment or security deposit from the customer at the beginning and during the stay as defined in clause 3.5 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with clause 3.5 and/or clause 3.6 above.
9. The customer may only offset or set off a claim against a claim of the hotel if it is undisputed or legally binding.
10. The customer agrees that the invoice may be sent to him electronically.

Withdrawal/Termination (Cancellation)

of the customer or non-use of the hotel's services (NO SHOW)

1. A unilateral termination of the contract concluded with the hotel by the customer is only possible if a right of withdrawal was expressly agreed in the contract or if a statutory right of withdrawal or termination exists.
2. If a date for free withdrawal from the contract has been agreed between the Hotel Rosengarten and the customer, the customer may withdraw from the contract up to that date without triggering any payment or compensation claims from the hotel. The customer's right of withdrawal expires if they do not exercise this right in writing to the hotel by the agreed date.
3. If a right of withdrawal has not been agreed or has already expired, and if there is no statutory right of withdrawal or termination, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must deduct any income from renting the rooms to other parties as well as any saved expenses. If the rooms are not rented to other parties, the hotel may deduct a lump sum for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast, as well as for package arrangements with third-party services. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount.
4. In the event of a no-show without prior cancellation, the hotel is entitled to charge the full amount (100%) for at least the first night. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount.

Cancellation by the hotel

1. If it has been agreed that the customer may 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 other customers request the contractually booked rooms and the customer does not waive their right of withdrawal upon request from the hotel within a reasonable period of time. This applies accordingly if an option is granted if other requests are received and the customer is not prepared to make a firm booking upon request from the hotel within a reasonable period of time.
2. If an advance payment or security deposit agreed or requested in accordance with clause 3.5 and/or clause 3.6 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if

• force majeure or other circumstances beyond the hotel's control make the fulfilment of the contract impossible;
• Rooms or spaces are booked negligently under misleading or false information or by concealing essential facts, which may include the identity of the customer, their ability to pay or the purpose of their stay;
• the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation;
• the purpose or reason for the stay is illegal;
• there is a violation of the above-mentioned paragraph 1.2.
• The Hotel Rosengarten is a non-smoking hotel. Notices to this effect are posted in the rooms. Notices can also be found on all hotel websites and on the hotel information pages of the booking portals through which the hotel can be booked. If a guest violates the smoking ban, the hotel is entitled to impose a fine of €280 for basic cleaning and to claim any loss of subsequent rental. This fine is due immediately. The hotel is entitled to impose an immediate ban on entry. In this case, the customer is not entitled to compensation.
• A justified cancellation by the hotel does not entitle the customer to compensation. Should the hotel have a claim for damages against the customer in the event of cancellation pursuant to Section 5.2 or 5.3 above, the hotel may claim a lump sum. Section 4.3 applies accordingly in this case.

Room availability, handover 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 1:00 PM on the agreed arrival date. The customer is not entitled to earlier availability.
3. On the agreed departure date, the rooms must be vacated and made available to the hotel by 10:30 a.m. (Mon-Fri) and 11:00 a.m. (Sat-Sun, public holidays) at the latest. After this time, the hotel may charge 50% of the full room rate (price according to the price list) for the use of the room beyond the agreed departure date until 4:00 p.m., and 90% from 4:00 p.m. onwards. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.

Liability of the hotel

1. The hotel is liable for damages resulting from injury to life, limb, or health for which it is responsible. Furthermore, it is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those obligations that enable the proper execution of the contract and on whose fulfillment the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided in this Section 7. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the customer. The customer is obligated to make a reasonable effort to remedy the disruption and minimize any potential damage.
2. The hotel is liable to the customer for items brought into the hotel in accordance with statutory provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring money, securities, and valuables with a value exceeding €800 or other items with a value exceeding €3,500, this requires a separate storage agreement with the hotel.
3. If a parking space is provided to the customer in the hotel garage or parking lot, even for a fee, this does not constitute a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is liable only in accordance with the above Section 7.1, sentences 1 to 4.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages for guests are handled with the utmost care. The hotel may, after prior consultation with the guest, accept, store, and—upon request—forward mail and goods for a fee. The hotel's liability in this regard is limited to the provisions of Section 7.1, sentences 1 to 4 above.
5. The hotel offers breakfast as an optional package. Guests are not permitted to eat, serve, or offer their own food in the breakfast room to other guests. Exceptions are foods or nutritional supplements specifically designed for guests who require them to consume due to a diet, food intolerance, or allergy. The consumption of these foods and nutritional supplements must be agreed upon in advance with hotel management.

Final provisions

1. Changes and additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral changes or additions are invalid.
2. If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Hamburg. The hotel may, at its discretion, sue the customer or the customer's registered office. The same applies to customers who do not fall under sentence 1 if they are not domiciled or resident in an EU member state.
3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
4. In accordance with legal obligations, the hotel points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes ("Os platform").
5. However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.