The following Declaration is for informational purpose only. As a legal basis only the german text is valid.
Terms and Conditions of the HOTEL RICHTER
1. These terms and conditions apply to contracts for the rental of hotel rooms of the Hotel Richter, Hermann-Buck-Weg 5, in 22309 Hamburg, Managing Director: Wahid Neiro (hereinafter "HOTEL") for accommodation and for all for the guest rendered further services and deliveries of the HOTEL (hotel accommodation contract, hereinafter referred to as contract). This type of contract includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
2. General terms and conditions of the guest only apply if this has been expressly agreed in writing beforehand.
II. CONCLUSION OF CONTRACT, PARTNER
1. Upon acceptance of the guest's request by the HOTEL, the contract is concluded.
2. The contracting parties are the guest and the HOTEL. The HOTEL is free to confirm the room booking in text form.
3. If a third party has ordered for the guest (hereinafter the customer), the guest and the customer are jointly and severally liable to the HOTEL for all obligations arising from the contract, provided the HOTEL has received a corresponding declaration from the customer. In addition, when placing an order, the customer is obliged to forward all booking-relevant information to the guest.
4. Group bookings are only possible through the reservation center. Separate provisions apply to groups, which are confirmed to the guest in text form. Group bookings are also bound by prepayment terms. These are also confirmed in text form. If the guest is not a consumer, section 540 (1) sentence 2 BGB is waived.
5. The subletting or subletting and overcrowding of the rooms provided and their use for purposes other than that of accommodation are fundamentally prohibited and require the prior consent of the HOTEL in text form. In the event of an infringement, the HOTEL is entitled to charge the guest an amount in the amount of € 100.00 as compensation for the cleaning costs to be incurred separately, including any loss of sales due to the fact that the room cannot be rented out. This amount of compensation is to be set higher or lower if the HOTEL proves a higher or the guest a lower damage.
1. The HOTEL is obliged to keep the rooms booked by the guest available in accordance with these general terms and conditions and to provide the agreed services. In the event of a deregistration, the HOTEL is entitled to rebook the guest in an adequate other hotel.
2. The guest, and if the requirements according to number II.3, the customer, are obliged
to pay the agreed or applicable prices for the room and the other services used by the guest . This also applies to services provided directly by the guest or the customer or commissioned through the HOTEL, which are provided by third parties and are disbursed by the HOTEL.
3. The guest is not entitled to the provision of certain rooms unless this has been expressly agreed.
4. Booked rooms are available to the guest from 2:00 p.m. on the agreed arrival date. The guest is not entitled to earlier provision.
IV. PRICES, PAYMENT, SET-OFF
1. The agreed prices include the taxes and local taxes applicable at the time the contract was concluded. It does not include bed tax or local taxes, which are due by the guest himself in accordance with the respective local law, in particular visitor's tax. In the event of a change in the statutory value added tax or the new introduction, change or abolition of local taxes on the service item after the contract has been concluded, the prices will be adjusted accordingly. These regulations only apply to a contract with a consumer to the extent that the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
2. After conclusion of the contract, the HOTEL is not obliged to agree to a subsequent reduction in the number of rooms booked, the service provided by the HOTEL or the length of stay of the guest. If the HOTEL agrees, it may make the approval dependent on the condition that the price for the rooms and / or for the other services of the HOTEL increase.
3. When concluding the contract, the HOTEL is entitled to request a reasonable advance payment from the guest and, in the case of Section II.3, from the customer up to the amount of the full room rate or security deposit, for example in the form of a credit card guarantee or credit card debit. The amount of the advance payment, the payment dates and / or the security deposit must be agreed in text form.
4. The HOTEL is also entitled, at the beginning and during the stay, of the guest and / or according to Section II.3, from the customer, to make an advance payment and / or provide security in accordance with Section IV.3 above for existing and future claims from the contract insofar as such has not already been performed in accordance with Section IV.3 above.
5. HOTEL invoices are to be paid immediately and without deduction without due date from receipt of the invoice. The HOTEL can demand immediate payment of due claims from the guest and from the customer in accordance with Section II.3 at any time. In the event of a delay in payment, the HOTEL is entitled to claim the applicable statutory default interest of currently 9%, or in the case of legal transactions in which a consumer is involved within the meaning of § 13 BGB, of 5%. The HOTEL reserves the right to prove greater damage.
6. The guest can only offset or offset an undisputed or legally binding claim against a claim by the HOTEL.
V. NO SMOKING
The hotel is a non-smoking hotel . It is therefore prohibited to smoke in the public areas as well as in the guest rooms. In the event of an infringement, the HOTEL has the right to request an amount of € 200.00 from the guest as compensation for the cleaning costs to be incurred separately, including any loss of sales due to the fact that the room cannot be
rented out as a result. This amount of compensation is to be set higher or lower if the HOTEL proves a higher or the guest a lower damage.
VI. CANCELLATION OF THE GUEST (CANCELLATION, CANCELLATION) / NOT USING THE SERVICES OF THE HOTEL (NO SHOW)
1. A cancellation of the contract concluded with the HOTEL by the guest is only possible if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the HOTEL expressly agrees to cancel the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract must be made in text form.
2. If a time-bound free withdrawal from the contract is agreed between the HOTEL and the guest, the guest can withdraw from the contract by the agreed date without triggering payment or damage claims by the HOTEL. The guest's right of withdrawal expires if he does not exercise his right to withdraw from the HOTEL by the agreed date. The relevant point in time is the timely receipt of the cancellation notice at the HOTEL.
3. If a right of withdrawal has not been agreed / excluded or has already expired, there is no statutory right of withdrawal and if the HOTEL does not agree to the cancellation of the contract, the HOTEL retains the right to the agreed remuneration even if the service is not used. The guest is free to prove that the aforementioned claim has not arisen or has not arisen in the requested amount.
4. The regulations under V.3. apply accordingly to half and full board arrangements with the proviso that 80% of the contractually agreed price is to be paid by the guest, unless the parties have agreed different rules in the individual contract. Here too, the guest is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
VII. CANCELLATION OF THE HOTEL
1. If it has been agreed in text form that the guest can withdraw from the contract free of charge within a certain period, the HOTEL is entitled to withdraw from the contract in this period if there are requests from other guests for the contractually booked rooms and the customer does not waive his right to withdraw upon request from the HOTEL with a reasonable deadline.
2. In addition, the HOTEL is also entitled to withdraw from the contract if an advance payment or security deposit agreed or requested in accordance with Section IV.3 is not made even after a reasonable grace period set by HOTEL has expired.
3. Furthermore, the HOTEL is entitled to extraordinarily withdraw from the contract for objectively justifiable reasons,
a. if force majeure or other circumstances for which the HOTEL is not responsible make it impossible to fulfill the contract, or
b. Rooms or rooms are culpably booked with misleading or incorrect information or concealment of essential facts. The identity of the guest, solvency or the purpose of the stay can be essential, or
c. if the HOTEL has reasonable grounds to believe that the use of the service may jeopardize the smooth running of the business, the security or the reputation of the HOTEL in public, without this being attributable to the domain or organizational area of the HOTEL, or
d. if the purpose or the reason for the stay is illegal, or
e. a violation of number I.2 above. is present.
4. The exercise of a justified withdrawal by the hotel does not constitute a claim of the guest and / or customer for compensation.
VIII. RETURN OF ROOM
On the agreed day of departure, the rooms must be vacated and made available by 11:00 am at the latest. Thereafter, the HOTEL has the right to charge 50% of the full accommodation price (after 6:00 p.m.) and after 6:00 p.m. 90% of the full room price (daily price) if the room is not released for use beyond the contract. This does not justify contractual claims by the guest. He is free to prove that the HOTEL has no or significantly lower entitlement to usage fees.
IX. House Rules
1. Smoking is prohibited in both the public areas and the guest rooms. In the event of an infringement, the HOTEL reserves the right to claim an amount of € 100.00 from the guest as compensation for the separate cleaning costs to be incurred, including any loss in sales. This amount of compensation is to be set higher or lower if the hotel proves a higher or the guest a lower damage.
2. It is generally not allowed to bring a pet. Different regulations in special cases require the approval of the hotel. In this case the guest is obliged to announce in advance the wish to bring a pet. Blind, deaf and other comparable service dogs do not require approval and can be brought along free of charge. However, you must be registered in advance. If the hotel agrees to bring a pet, this is done on the condition that the pet is under the constant supervision of the guest and is free of disease and does not pose any other danger to other hotel guests and hotel staff. With the exception of special cases, pets are not allowed in the breakfast, bar or restaurant area. There is a charge of € 10.00 per night for the pet and additional cleaning costs if applicable.
X. LIABILITY OF THE HOTEL
1. The HOTEL is liable for its obligations under the contract. Claims of the guest for damages are excluded. This does not include damage to life, limb or health if the HOTEL is responsible for the breach of duty. Other damages require an
intentional or grossly negligent breach of duty by the HOTEL with regard to a request for reimbursement . A breach of duty by the HOTEL is equivalent to that of a legal representative or vicarious agent.
2. Should faults or defects occur in the services of the HOTEL, the HOTEL will endeavor to remedy the situation if the guest becomes aware of it or if the guest gives notice of it immediately. The guest is obliged to do what is reasonable to remedy the fault and to keep possible damage to a minimum. In addition, the guest is obliged to notify the HOTEL in good time of the possibility of incurring exceptionally high damage.
3. The HOTEL is liable to the guest for items brought in according to the statutory provisions.
4. The HOTEL recommends the use of the hotel safe (if available); the room safes (if available) do not guarantee safe storage. If the guest wishes to bring in money, securities and valuables with a total value of more than € 800 or other items with a total value of more than € 3,500, this requires a separate storage agreement with the HOTEL.
5. Even outside of his room, the guest is generally obliged to take care of his belongings and valuables himself. The HOTEL is only liable in accordance with Section IX.1. Sentences 1-4.
6. The temporary parking of vehicles in the hotel garage or in a hotel car park does not result in a custody contract. This also applies if the guest is provided with a parking space in the hotel garage or in a hotel car park, also for a fee. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the HOTEL shall only be liable in accordance with Section IX.1. Sentences 1-4.
7. Wake-up calls, messages, mail and goods consignments for guests are handled with care. The HOTEL takes care of delivery, storage and - if requested - for a fee, forwarding the same. The HOTEL is only liable for wake-up orders, messages, mail and goods consignments in accordance with Section IX.1. Sentences 1-4.
XI. GUEST'S LIABILITY FOR DAMAGE
1. The guest accepts and undertakes to use the room responsibly. If the guest violates common decency and public order, the guest undertakes to leave the hotel without reimbursement of payments made in advance.
2. In the event of willful damage to the room furnishings or in the event of willful soiling, the hotel reserves the right to assert a claim for damages of at least € 200.00 for the cleaning and restoration costs to be applied separately, including any loss in sales. This amount of compensation is to be set higher or lower if the HOTEL proves a higher or the guest a lower damage.
3. If the guest is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, fellow travelers, visitors or other third parties from his area or himself. The legal liability provisions apply to consumers.
4. The HOTEL can require the guest to provide adequate security (eg insurance, deposits, sureties).
1. The photos shown on the website are only indicative. Even if every effort has been made to ensure that photographs, graphic representations and reproduced texts to illustrate the illustrated HOTEL give the most accurate possible impression of the accommodation services offered, variations may be possible, in particular due to changes in the equipment or possible renovations. The guest is not entitled to make any complaints in this regard.
2. In the event of force majeure, through the influence of third parties, the guest or his partner, including unavailability of the Internet, prevented access to the website, external interference, viruses or unauthorized payment in advance by the bank of the submitter, the HOTEL cannot be held responsible for the non-execution or a poor execution of the reservation will be held responsible.
Claims against the HOTEL generally expire one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the HOTEL or its vicarious agents. These claims for damages become statute-barred after ten years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the HOTEL. Claims by consumers expire according to the statutory provisions.
XIV. FINAL PROVISIONS
1. Changes and additions to the contract, the acceptance of applications or these general terms and conditions must be in text form. Unilateral changes or additions by the guest are ineffective.
2. The place of fulfillment and payment is the location of the HOTEL.
3. The exclusive place of jurisdiction - also for check and exchange disputes - is Hamburg for commercial transactions. If a contractual partner fulfills the requirement of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is Hamburg.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual provisions of these general terms and conditions be or become invalid or void, the effectiveness of the remaining provisions remains unaffected. In addition, the statutory provisions apply.