General Terms and Conditions
General Terms and Conditions of the ArtHotel Kiebitzberg® Havelberg, hereinafter referred to as the “Hotel”, for room reservations and for the provision of conference and banquet rooms.
1. Scope
1.1 These Terms and Conditions apply to contracts for the rental provision of hotel rooms for accommodation, as well as to all further services and deliveries provided by the Hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The sub-letting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior consent of the Hotel in text form, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived, provided the customer is not a consumer within the meaning of § 13 BGB.
1.3 The customer's general terms and conditions apply only if this has been expressly agreed in advance in text form.
2. Conclusion of contract, contracting parties, limitation period
2.1 The contracting parties are the Hotel and the customer. The contract is formed by the Hotel's acceptance of the customer's offer. The Hotel is free to confirm the room booking in text form.
2.2 All claims against the Hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages and to other claims where the latter are based on an intentional or grossly negligent breach of duty by the Hotel.
3. Services, prices, payment, set-off
3.1 The Hotel is obliged to keep available the rooms booked by the customer and to provide the agreed services.
3.2 The customer is obliged to pay the Hotel's agreed or applicable prices for the provision of the room and for any further services used by them. This also applies to services arranged by the customer, either directly or through the Hotel, that are provided by third parties and paid out by the Hotel.
3.3 The agreed prices are inclusive of the taxes and local levies applicable at the time the contract is concluded. Not included are local levies which, under the respective local law, are owed by the guest themselves, such as a spa tax. In the event of a change to the statutory rate of VAT, or the introduction, amendment or abolition of local levies on the object of the service after the contract is concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this applies only where the period between conclusion of the contract and performance of the contract exceeds four months.
3.4 The Hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, in the Hotel's service, or in the customer's length of stay conditional upon a reasonable increase in the price for the rooms and/or for the Hotel's other services.
3.5 The Hotel's invoices are due for payment in full without deduction immediately upon receipt. Where payment on account has been agreed, payment must be made — subject to any differing agreement — within ten days of receipt of the invoice, without deduction.
3.6 The Hotel is entitled, upon conclusion of the contract, to require a reasonable advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or security for package tours, the statutory provisions remain unaffected. In the event of the customer's default in payment, the statutory provisions apply.
3.7 In justified cases, for example where the customer is in arrears with payment or where the scope of the contract is extended, the Hotel is entitled, even after conclusion of the contract and up to the start of the stay, to require an advance payment or security within the meaning of clause 3.6 above, or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
3.8 The Hotel is further entitled, at the start of and during the stay, to require from the customer a reasonable advance payment or security within the meaning of clause 3.6 above for existing and future claims arising from the contract, insofar as such has not already been provided in accordance with clause 3.6 and/or clause 3.7 above.
3.9 The customer may only set off or offset an undisputed or legally established claim against a claim of the Hotel.
3.10 The customer agrees that the invoice may be transmitted to them electronically.
4. Withdrawal by the customer (cancellation)/failure to use the Hotel's services (no show)
4.1 Withdrawal by the customer from the contract concluded with the Hotel is only possible if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists, or the Hotel expressly consents to the cancellation of the contract.
4.2 Where a date for free-of-charge withdrawal from the contract has been agreed between the Hotel and the customer, the customer may withdraw from the contract up to that date without triggering any claims for payment or damages by the Hotel.
4.3 If no right of withdrawal has been agreed or has already expired, if there is no statutory right of withdrawal or termination, and if the Hotel does not consent to the cancellation of the contract, the Hotel retains the claim to the agreed remuneration despite the non-use of the service. The Hotel must credit the income from letting the rooms elsewhere as well as the expenses saved. If the rooms are not let elsewhere, the Hotel may calculate the deduction for saved expenses at a flat rate. In this case the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements with third-party services, 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 in the amount demanded.
5. Withdrawal by the Hotel
5.1 Where it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the Hotel is for its part entitled during that period to withdraw from the contract if enquiries from other customers for the contractually booked rooms are received and the customer, on being asked by the Hotel with a reasonable deadline, does not waive their right of withdrawal. This applies accordingly where an option has been granted, if other enquiries are received and the customer, on being asked by the Hotel with a reasonable deadline, is not willing to make a firm booking.
5.2 If an advance payment or security agreed or requested in accordance with clause 3.6 and/or clause 3.7 is not provided even after the expiry of a reasonable grace period set by the Hotel, the Hotel is likewise entitled to withdraw from the contract.
5.3 Furthermore, the Hotel is entitled to withdraw from the contract on extraordinary grounds where there is objectively justified cause, in particular if force majeure or other circumstances for which the Hotel is not responsible make the fulfilment of the contract impossible; if rooms are booked with culpably misleading or false statements, or with the concealment of material facts, whereby material facts may include the identity of the customer, their solvency or the purpose of the stay; if the Hotel has justified cause to assume that the use of the service may jeopardise the smooth running of business, the security or the public reputation of the Hotel, without this being attributable to the Hotel's sphere of control or organisation; if the purpose or occasion of the stay is unlawful; or if there is a breach of clause 1.2 above.
5.4 Justified withdrawal by the Hotel does not give rise to any claim by the customer for damages.
6. Provision, handover and return of rooms
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no claim to earlier provision.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the Hotel by 11:00 at the latest. After this, on account of the late vacating of the room, the Hotel may charge 50% of the full room rate (price according to the price list) for its use beyond the contract until 18:00, and 90% from 18:00. This does not give rise to any contractual claims by the customer. The customer is free to prove that the Hotel incurred no claim, or a substantially lower claim, to a usage fee.
7. Liability of the Hotel
7.1 The Hotel is liable for damage arising from injury to life, body or health for which it is responsible. It is further liable for other damage based on an intentional or grossly negligent breach of duty by the Hotel, or on an intentional or negligent breach of the Hotel's contract-typical duties. Contract-typical duties are those duties that make the proper performance of the contract possible in the first place and on the fulfilment of which the customer relies and may rely. A breach of duty by the Hotel is equivalent to that of a legal representative or vicarious agent. Any further claims for damages are excluded, unless otherwise provided in this clause 7. Should disruptions or defects occur in the Hotel's services, the Hotel will endeavour to provide a remedy upon becoming aware of them or upon the customer's prompt complaint. The customer is obliged to contribute what is reasonable to remedy the disruption and to keep any possible damage to a minimum.
7.2 The Hotel is liable to the customer for property brought in, in accordance with the statutory provisions. The Hotel recommends the use of the hotel or room safe. Should the customer wish to bring in money, securities and valuables worth more than 800 euros or other items worth more than 3,500 euros, this requires a separate safekeeping agreement with the Hotel.
7.3 Insofar as a parking space in the hotel garage or on the hotel car park is made available to the customer, even for a fee, this does not constitute a contract of safekeeping. In the event of the loss of, or damage to, motor vehicles parked or manoeuvred on the hotel premises and their contents, the Hotel is liable only in accordance with clause 7.1, sentences 1 to 4 above.
7.4 Wake-up calls are carried out by the Hotel with the greatest care. Messages for customers are handled with care. Following prior arrangement with the customer, the Hotel may undertake the receipt, safekeeping and — on request, for a fee — the forwarding of post and consignments of goods. In this respect the Hotel is liable only in accordance with clause 7.1, sentences 1 to 4 above.
7.5 Cancellation conditions
(1) The following deadlines and prices apply to cancellations of reserved rooms:
I. Individual bookers
100% free of charge until 18:00 on the previous day.
II. Group reservations of 5 to 17 rooms
100% of the rooms free of charge up to 6 weeks before arrival
50% of the rooms free of charge up to 3 weeks before arrival
up to 3 days before arrival, a small number of rooms (1–2) may be cancelled free of charge.
(2) Cancellations must be made in writing.
(3) If reserved rooms are not used and it is not possible for the Hotel to let them elsewhere, the booker must pay the room price less 25% for saved expenses.
(4) The booker may cancel arrangements at any time before the start of the trip. In the event of a cancellation, the ArtHotel Kiebitzberg may charge a cancellation fee, which is calculated per person and per trip according to the following percentages:
free cancellation up to 15 days before the day of arrival.
From 14 days before arrival = 30%
From 7 days before arrival = 60%
From 2 days up to the day of arrival = 90%
(5) The following periods are excluded from these cancellation deadlines:
New Year's Eve, Christmas, the Easter and Ascension weekends, Whitsun, the Horse Market & Boat Parade
and all additional public holidays.
Within these periods, cancellation charges are calculated according to the following formula:
Your reserved hotel rooms, along with the agreed conditions of your reservation, may be cancelled free of charge up to 6 weeks before the day of arrival.
After that we charge as follows:
From 6 weeks before arrival = 50%
From 2 weeks before arrival = 65%
From 1 week up to the day of arrival = 100%
To cover these costs, we advise you to take out travel cancellation insurance, which in certain cases covers these costs in the event of non-arrival.
On the agreed day of departure, the rooms must be vacated and made available by 11:00 at the latest. After this, on account of the late vacating of the room, 50% of the full list price may be charged for its use beyond the contract until 18:00, and 100% from 18:00. This does not give rise to any contractual claims by the customer.
For guests who have booked a late check-out directly at reception, the check-out time is extended to 14:00.
8. Final provisions
8.1 Amendments and additions to the contract, to the acceptance of the offer, or to these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction — including for disputes concerning cheques and bills of exchange — is Havelberg for commercial transactions. Provided the customer meets the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the local court (Amtsgericht) of Stendal is deemed the place of jurisdiction.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4 In accordance with its statutory obligation, the Hotel points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/ The Hotel does not, however, participate in dispute resolution proceedings before consumer arbitration bodies. These General Terms and Conditions are valid from 01/07/2019.