1. Scope
1.1    These terms and conditions apply to all services of the hotel, in particular to the paid provision of hotel rooms, conference- banquet rooms, other premises and objects, as well as to all further services and deliveries of the hotel provided to the customer in this context (hereinafter also comprehensively: hotel services).
1.2    Any terms and conditions of the customer are not recognized.
1.3    Subletting or re-letting as well as any other use of the premises for accommodation purposes require the prior consent of the hotel in text form. Insofar as the customer is not a consumer, Section 540(1) sentence 2 of the German Civil Code (BGB) is excluded.

2.     Conclusion of contract
2.1    The contracting parties are the customer and the hotel. The customer must have reached the age of 18.
2.2    In the case of the exclusive booking of a hotel room or any other individual hotel service (single-service booking), the contract is concluded by the hotel's acceptance of the booking request. Acceptance may be without formality, in particular also orally or by telephone. A subsequent booking notification from the hotel in written or text form to a contract concluded orally or by telephone merely confirms the conclusion of the contract.
2.3 When booking a combination of at least two different types of travel services for the purpose of the same trip (package holiday), the contract is concluded by the payment of the deposit specified in the confirmation letter by the customer or by the provision of the customer's credit card number. Any discrepancies must be reported to the hotel no later than 14 days after receipt of the contract. For short-notice bookings up to 4 weeks before arrival, confirmation is effected by the customer's signature or by full payment of the service amount. For group bookings or conferences and events, the contract is concluded by the customer's written confirmation of the offer.

3.    Services, Prices, Payment, Set-off
3.1    The hotel is obliged to provide the hotel services booked by the customer. Should ordered rooms and/or premises, for whatever reason, not be available, the hotel is entitled and obliged to provide an equivalent replacement.
3.2    The customer is obliged to pay the hotel the price agreed / applicable for the hotel services booked. This also applies to services and disbursements of the hotel to third parties initiated by the customer.
3.3    The hotel may unilaterally increase the price if the increase in price directly results from something that occurred after the conclusion of the contract
a)    Increase of the price for the transport of persons due to higher costs for fuel or other energy carriers,
b)    Increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or
c)   Change of the exchange rates applicable to the package holiday concerned.
3.4    A price increase is only effective if the customer has been informed of it no later than 20 days before the start of the trip. The hotel will inform the customer on a durable medium, clearly and understandably, about the price increase and its reasons and will disclose the calculation of the price increase. The customer, in turn, may demand a reduction of the travel price if and insofar as the circumstances and facts that became the basis of the contract change after the conclusion of the contract and before the start of the trip and this leads to lower costs for the hotel. If the customer has paid more than the amount owed as a result, the hotel is obliged to reimburse the excess amount. However, it may deduct the administrative expenses actually incurred from the amount to be reimbursed. If the price increase specified in the contract pursuant to § 651f para. 1 of the German Civil Code (BGB) exceeds 8% of the travel price, the hotel may offer the customer a corresponding price increase and require that the customer, within a reasonable period determined by the hotel, either accepts the offer of the price increase or declares withdrawal from the contract. If the customer does not respond or does not respond within the set period, the communicated price increase shall be deemed accepted. The customer must be notified of this in the aforementioned declaration regarding the price increase in a clear, understandable and prominent manner.
3.5 The prices may furthermore be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services, or the guests' length of stay and the hotel agrees to them.
3.6    Invoices from the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default, the hotel is entitled to charge interest at a rate of 9 percentage points above the applicable base rate or the corresponding successor rate of the European Central Bank. The customer remains entitled to prove a lower loss, and the hotel to prove a higher loss.
3.7    By providing an e-mail address, the customer agrees that the invoice may be transmitted to him electronically.
3.8    If no other arrangements regarding hotel services have been made, a deposit (Deposit) in the amount of 80% of the expected invoice total is to be paid.
3.9    The customer may only set off or offset against a claim of the hotel with an undisputed or final and binding claim.
3.10     In the event that a visitor's tax, tourism or cultural promotion levy ("bed tax") or comparable charges are imposed, these must be paid separately by the guest in accordance with the applicable conditions.
3.11    All payments are due in euros. The hotel is entitled to refuse foreign currencies, checks and credit cards. A commission adjustment of 10% will be levied on expenses and third-party services when settled by credit card.
3.12    For each reminder after default has occurred the customer shall reimburse the hotel for reminder costs in the amount of 5,00 €. The customer is free to prove that no costs or only substantially lower costs were incurred. For customers who are not consumers, the hotel may instead assert the claim under § 288 para. 5 of the German Civil Code (BGB).
3.13    For rebookings by the customer, a processing fee of €20.00 may be charged. This processing fee applies exclusively to individual hotel overnight stays. Private or business events are excluded from this.
3.14    Commission claims must be submitted to the hotel within 30 days. If this deadline is not met, any commission claims shall lapse.

4.    Customer withdrawal (order cancellation, cancellation, travel cancellation insurance)
4.1    For a booked package tour, the customer may at any time withdraw from the contract in writing in accordance with the conditions set out below. In that case, or if the customer does not commence the trip, the hotel loses its entitlement to the price of the trip and may instead demand reasonable compensation, unless the cancellation is attributable to the hotel or unavoidable, extraordinary circumstances occur that substantially impair the performance of the contract. Circumstances are unavoidable and extraordinary when they are beyond the hotel's control and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.2    The amount of the aforementioned compensation for package tours is determined by the price less the expenses saved by the hotel and less what is obtained through alternative utilization of the travel service. The hotel has established the following compensation flat rates taking into account the period between the notice of cancellation and the start of the trip as well as the expected savings of expenses and the expected proceeds from other use of the travel service.
The compensations resulting therefrom are calculated as follows:

The following conditions apply to room reservations of fewer than 9 rooms.
Individual reservations:                  
5-8 rooms     Free of charge 10 days beforehand.                            
2-4 rooms     Free of charge 5 days before                              
1 room        Free of charge 2 days beforehand                              

For package tours and arrangement reservations of fewer than 9 rooms:
5-8 rooms     Free of charge 21 days prior
2-4 rooms     Free of charge 12 days in advance
1 room          Free of charge 7 days before
After the expiry of the free cancellation period, the rooms will be billed at 90 %.

4.3         For room reservations and package tours  For between 9 and 25 rooms the following conditions apply: (outside of trade fair periods)
For a number of rooms of 9-25:
•    From signing the contract until the 4th month before the agreed arrival date we charge 10% of the service price;
•    Between the 4. Monat and up to the 2. Monat before the agreed arrival day we charge 20 % of the service price;
•    Between the 2. Monat and up to the 1. Monat before the agreed arrival day we charge 50% of the service price;
•    Between the 1. Monat and up to the 14. Tag before the agreed arrival day we charge 80 % of the service price;
•    Between the 14th day and up to the day of arrival we charge 90 % of the service price.

4.4         The following conditions apply to room reservations and package tours involving between 26 and 60 rooms:
•    After signing the contract until the 8th month before the agreed arrival date we charge 10 % of the  performance prize;
•    Between the 8th month and up to the 4th month before the agreed arrival day we charge 20 % of the  of the performance price;
•    Between the 4. Monat and up to the 2. Monat before the agreed arrival day we charge 50 % of the service price;
•    Between the 2. Monat and up to the 1. Monat before the agreed arrival day we charge 80 % of the service price;
•    Between the 1st month and up to the agreed day of arrival we charge 90% of the service price;

4.5         The following conditions apply to room reservations and package tours for 61 or more rooms:
•    From signing the contract until the 12th month before the agreed arrival date we charge 10% of the price of services;
•    Between the 12th month and up to the 8th month before the agreed arrival date we charge 20 % of the service price;
•    Between the 8th month and up to the 4th month before the agreed arrival date we charge 50% of the service price;
•    Between the 4th month and up to the 2nd month before the agreed arrival date we charge 80 % of the service price;
•    Between the 2nd month and up to the day of arrival before the agreed arrival day we charge 90 % of the  of the performance prize

4.6         For events incl. or excl. rooms:
•    From signing the contract until the 12th month before the agreed arrival/event date we charge 20% of the service price;
•    Between the 12th month and up to the 6th month before the agreed arrival/event day we charge you 40 % of the service price;
•    Between the 6th month and up to the 3rd month before the agreed arrival-/event day we will charge you 60 % of the service price;
•    Between the 3rd month and up to the 1st month before the agreed arrival-/event day we charge you 80% of the service price;
•    Between the 1st month and until the agreed arrival/event day we charge you 90% of the service price.
If no service price has been set in advance, the minimum menu price of € 39,50 applies.  per person.
4.7    Non-arrivals = No Shows without prior cancellation will be charged at 100%.
4.8    The cancellation conditions apply to the originally booked scope of services.
4.9    The customer is in any case permitted to prove that the reasonable compensation due to the hotel is lower than claimed.
4.10    The hotel reserves the right, instead of the compensation lump sums, to demand a higher, individually calculated compensation, provided that the hotel can demonstrate that it has incurred substantially higher expenses than the aforementioned compensation lump sum.
4.11    The customer's statutory right, pursuant to § 651 e BGB, to require the hotel to permit a third party to assume the rights and obligations arising from the package travel contract in his stead remains unaffected by the foregoing conditions. Such a declaration must be made to the hotel at least 7 days before the start of the trip.
4.12    If a customer wishes to terminate the contract/package travel contract because of a travel defect of the kind referred to in § 651 i para. 2 BGB, insofar as it is significant, under § 651 l BGB, he must first set the hotel an appropriate deadline to remedy it. This does not apply only if the remedy is refused or if it is necessary for the remedy.


5.    Withdrawal by the hotel
5.1    If a customer's right of withdrawal has been agreed in writing for a specific period, the hotel is in turn entitled during that period to withdraw from the contract if enquiries from other customers for the contractually booked rooms are received and the customer, upon the hotel's request, does not waive his right of withdrawal.
5.2 If an agreed advance payment is not made even after the expiration of a reasonable grace period set by the hotel with a threat of refusal, the hotel is also entitled to withdraw from the contract.
5.3    Furthermore, the hotel is entitled to withdraw from the contract if unavoidable, extraordinary circumstances make performance of the contract impossible; if rooms were booked under misleading or false indication of material facts, e.g. regarding the identity of the guest or the purpose, or if the hotel has reasonable cause to believe that the use of the hotel's services may jeopardize the smooth running of business operations, the safety, or the hotel's reputation in public, without this being attributable to the hotel's sphere of control or organization.
5.4    If, in the case of a single-service booking, an agreed prepayment is not made even after the expiry of a reasonable grace period set by the hotel with a threat of refusal, the hotel is likewise entitled to withdraw from the contract. The hotel's claims for damages would remain unaffected in this case.
5.5 The hotel is entitled, in the case of a booking of an individual service and here in the event of extraordinary and unavoidable circumstances, to withdraw from the contract. Such circumstances are in particular present in cases of force majeure, measures of industrial action, a pandemic or unavoidable statutory/official measures which need not have been issued by individual decree against the hotel.
5.6    A customer's claim for damages is excluded in the event of the hotel's justified withdrawal.
6.    Making available, Handover, Return of Premises
6.1    The customer does not acquire any entitlement to the provision of specific rooms/premises, unless this has been expressly agreed.
6.2    Booked rooms are available to the customer at the hotel from 14:00 Uhr. They must be vacated on the day of departure by no later than 10:00 Uhr. In the event of a later departure after 10:00 Uhr, the hotel reserves the right to charge additional costs.
6.3    Unless a later arrival time has been expressly agreed, the hotel has the right to reassign booked rooms after 18:00 Uhr, without the customer being able to derive any claim from this.
6.4    The hotel has exclusively non-smoking rooms. It is therefore prohibited to smoke both in the public areas and in these guest rooms. The hotel has partly set up separate locations for smoking. In the event of a violation, the hotel has the right to demand from the guest, as compensation for the separately incurred cleaning costs including any possible loss of revenue resulting from the consequent inability to rent the room, an amount of 150,00 €. This compensation amount shall be set higher or lower if the hotel proves a higher or the customer proves a lesser damage.
6.5    The customer has no entitlement after conclusion of the contract to a change with regard to the travel date, the location or similar (rebooking). This does not apply to package tours if the rebooking is necessary because the hotel provided no, insufficient or incorrect pre-contractual information to the customer in accordance with Article 250 § 3 EGBGB; in this case rebooking is possible free of charge.
6.6    If the customer, on a package tour, does not make use of individual travel services which the hotel was ready and able to provide in accordance with the contract, for reasons attributable to the customer, he has no claim to a pro rata refund of the travel price, insofar as such reasons would not have entitled him under statutory provisions to withdraw from or to terminate the travel contract free of charge. The hotel will endeavour to obtain reimbursement of the expenses saved from the service providers. This obligation does not apply if the expenses are completely negligible.

7.    Liability of the Hotel
7.1    The hotel is liable for damages for which it is responsible resulting from injury to life, body or health. Furthermore, the hotel is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel, and damages that are based on an intentional or negligent breach of the hotel's contract-typical duties. Contract-typical duties are those obligations that make the proper performance of the contract possible in the first place and on whose fulfillment the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, insofar as they are not otherwise regulated in this Clause 7.
7.2    In package tours the hotel's liability for such damages is limited to three times the travel price, which are not bodily injuries and were not culpably caused. Claims that may go beyond this under international conventions or statutory provisions based on them remain unaffected by the limitation.
7.3    Items left behind by the guest will only be forwarded on request, at the guest's expense and risk. The hotel will keep the items for 6 months and will charge a reasonable fee.
7.4    Insofar as a parking space in the hotel's car park is made available to the customer, even for a fee, no custodial contract is thereby concluded. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel is not liable, except in cases of intent or gross negligence. This also applies to the hotel's vicarious agents.
7.5    Wake-up calls are carried out by the hotel with the greatest care. Claims for damages, except in cases of gross negligence or intent, are excluded.
7.6    Messages, mail and shipments of goods for guests are handled with care. The hotel takes care of delivery, safekeeping and - upon request - for a fee the forwarding thereof. Claims for damages, except in cases of gross negligence or willful intent, are excluded.
7.7 The hotel is liable for items brought in by the guest in accordance with statutory provisions. It is recommended to use the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a total value of more than 1.000,00 € or other items with a total value of more than 3.500,00 €, a separate safekeeping agreement must be entered into with the hotel.
7.8 The hotel is not liable for performance failures, personal injury and property damage that have arisen in connection with third-party services merely arranged by the hotel. A further prerequisite for an exclusion of liability is that these services were expressly and, giving the identity and address of the contracting partner who provides the third-party service, so clearly identified that they are recognizably not part of the package travel and were selected separately. The provisions §§ 651b, 651c, 651w and 651y of the BGB remain unaffected thereby. However, the hotel is liable if and insofar as damage to the customer was caused by a breach of duties to give notice, to provide information or to organize.
7.9 A surcharge is levied on third-party services that are arranged or invoiced by the hotel. This does not establish any liability of the hotel for the services of third parties and consequently no such liability exists.
7.10    The hotel assumes, only in the event of a request and without obligation, the free transportation of persons and luggage. Liability for personal injury and property damage is limited to the duty to settle under the statutory motor vehicle insurance. Liability for loss of luggage and delays in transport is fully excluded. However, the hotel expressly reserves the right to offer transport services such as luggage handling, shuttle service, etc., for a fee.

8.    Assertion of claims/Information about consumer dispute resolution
8.1    Claims pursuant to §§ 651 i para. 3 nos. 2, 4 - 7 BGB must be asserted by the customer against the hotel.
8.2    The hotel points out with regard to the Act on Consumer Dispute Resolution that it does not participate in voluntary consumer dispute resolution.

9. Special notes for events
9.1    These special terms and conditions to Clause 9 apply to contracts for the provision for a fee of conference, banquet, event rooms and other premises of the hotel for the holding of events of all kinds as well as to all further services and deliveries related thereto and modify the hotel's other general terms and conditions. If no modified provisions regarding events have been made for this Clause 9, the provisions of the hotel's other general terms and conditions shall apply.
9.2    It is the customer's responsibility as organizer to obtain, in good time, on his own initiative and at his own expense all administrative permits/approvals that may be necessary for the execution of the event and, furthermore, to pay any fees and costs incurred (GEMA etc.) directly to the requesting authority. He is furthermore responsible for complying with the conditions attached to these permits/approvals as well as for observing all other public-law regulations in connection with the event; this also applies if this affects third-party rights in the course of carrying out the event, for example copyrights. Should claims nonetheless be asserted against the hotel, the customer shall indemnify the hotel against the claimants.
9.3   The customer is obliged to inform the hotel without being requested, at the latest upon conclusion of the contract, if the event, because of its political, religious or other character, is likely to jeopardize the smooth course of business, the safety, or the hotel's reputation in public.
9.4 Newspaper advertisements, public or political invitations as well as sales events require the express prior written consent of the hotel. The hotel has the right to cancel the event if, by the publication, essential interests of the hotel, but also the interests of the entire van der Valk Hotel Group, are impaired, or if the hotel has reasonable cause to assume that the event is likely to jeopardize the smooth operation of business, the safety or the reputation of the establishment or company, including those of other business partners and guests. Even serious concern alone entitles the hotel to cancel the event. Customers shall have no claims for damages arising therefrom.
9.5    If fewer than the participants specified by the customer in the course of the booking attend the event, the customer is not entitled to reduce the agreed event price. If the number of participants is greater than the agreed number of participants, the hotel is entitled to invoice in accordance with the actual number of participants.
9.6    Room changes, in particular also due to a differing number of participants, are expressly reserved to the hotel, insofar as this is reasonable for the customer taking their interests into account.
9.7    To the extent that the hotel procures technical or other facilities from third parties for the customer, it acts in the name and on the account of the customer. The customer is liable for the careful handling and the proper return of these facilities. He indemnifies the hotel against all claims of third parties arising from the provision of these facilities or from the corresponding business transaction.
9.8    If the agreed start and end times of the event change, the hotel is entitled to charge additional costs for its readiness to provide services.
9.9 The customer may bring food and beverages only with prior express written consent from the hotel and make them available to the participants. In this case, however, a service fee will be charged.
9.10 For events that continue past midnight, the hotel may, unless otherwise agreed, make a settlement based on individual records; except where the agreed remuneration already takes into account a period extending beyond midnight.
9.11    Special services that become useless as a result of the cancellation shall be compensated in any case.
9.12 The customer is liable for losses or damage caused by himself, his employees, other auxiliary staff as well as by the event participants. It is the customer's responsibility, where applicable, to take out appropriate insurance and to provide proof of this to the hotel upon request.
9.13    To prevent damage, the attachment of decorative material or other items is permitted only with the hotel's written consent. This material must be removed immediately after the conclusion of the event.

10.    Data protection
The personal data specified in the contract, in particular name, address, telephone number and bank details, which are necessary and required solely for the purpose of carrying out the contractual relationship that arises, are collected on the basis of statutory authorizations. Any use of the personal data beyond this and the collection of additional information regularly requires the consent of the data subject. In addition, the hotel's separate data protection provisions apply.

11.    Final provisions
11.1    Should individual provisions of the contract concluded between the hotel and the customer and/or of the foregoing General Terms and Conditions or parts thereof be or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions or of the contract and the terms as a whole. The invalid or unenforceable provisions shall be replaced by the parties with valid and enforceable provisions that are equivalent to or as close as possible to the invalid or unenforceable provisions and that correspond as far as possible to the economic purpose pursued by the parties with the invalid or unenforceable provisions. The same shall apply in the event of an unintended gap in the provisions.
11.2    Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation must be made in text form. Unilateral changes or additions by the customer are ineffective.
11.3    Place of performance and payment in commercial transactions is Wittenburg.
11.4    In commercial transactions – including disputes over checks – Wittenburg is the exclusive place of jurisdiction; the hotel may, at its option, however, also sue the customer at the location of the respective hotel or at the customer's seat. The same applies if the customer meets the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in the country.
11.5    The use or mention of the hotel and the affiliated operating units, in connection with advertising measures by the business partner, requires the written consent of management.
11.6    German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

VERSION April 2021