GTC – Insel der Sinne

 

 

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

(STATUS: SEPTEMBER 2024)

 

 

 

1 SCOPE OF APPLICATION

 

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract, Hotel Room Contract.

 

1.2 The subletting 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 BGB is waived insofar as the customer is not a consumer.

 

1.3 The terms and conditions also apply to pure catering services and events in the rooms and on the premises of the hotel, including all outdoor facilities.

 

1.4 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance. 

 

 

2 CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, LIMITATION PERIOD

 

2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty 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 commencement of the statutory limitation period. Claims for damages are subject to a limitation period of five years, depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel. 

 

 

3 SERVICES, PRICES, PAYMENT, OFFSETTING

 

3.1 The hotel is obliged to keep the rooms booked by the customer available 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 the other services used by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.

 

3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes which are owed by the guest according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.

 

3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the length of the customer's stay requested by the customer dependent on the price for the rooms and/or for the hotel's other services being increased.  

    

3.5 Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.

 

3.6 The hotel is entitled to demand a reasonable 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 may be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

 

3.7 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 conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

 

3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 3.6 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause 3.6 and/or clause 3.7.

 

3.9 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel. 

 

 

4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, WITHDRAWAL) / NON-UTILIZATION OF THE HOTEL'S SERVICES (NO SHOW)

 

 4.1 The customer may only withdraw from the contract concluded with the hotel 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 the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a termination of the contract shall be made in text form.

 

4.2 If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

 

4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-utilization of the service.

 

4.4 The cancellation conditions for accommodation services for individual bookings (up to three rooms) are staggered as follows:

 

• up to 2 weeks before the date of arrival free of charge,
• up to 7 days before the date of arrival 60%
• up to 2 days before the date of arrival 80%
• thereafter 100%

In each case, 6 p.m. on the corresponding day of cancellation applies. 

 

4.5 Catering services that have been defined and ordered in advance or are part of a package will be charged according to the same standards or cannot be charged by the hotel as a gesture of goodwill.

 

• up to 2 weeks before the date of arrival free of charge,
• up to 7 days before date of arrival 60%
• up to 2 days before date of arrival 80%
• thereafter 100%

 

The customer is at liberty to prove that the aforementioned claim for catering services did not arise or did not arise in the amount claimed.

 

4.6 Massages / cosmetics: Massage and cosmetic services can be canceled free of charge up to 24 hours before the booked appointment, after which 100% of the booked service will be charged.

 

4.7 Group bookings or bookings of events or purely catering services are subject to special cancellation deadlines,

 

• free of charge up to 2 weeks before the service date,
• up to 7 days before the service date 60%
• thereafter 100%

 

A reduction in the number of persons by max. 20% of the booked number of persons is free of charge up to 4 days before the event, after that 100% will be charged.

 

The deadline is 6 p.m. on the day of cancellation.

 

In the case of particularly large events, the hotel reserves the right to contractually agree on special cancellation conditions. These have priority. 

 

 

5 WITHDRAWAL BY THE HOTEL

 

5.1 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

 

5.2 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, in particular if

 

• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
• rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, solvency or the purpose of the stay;
• the hotel has justified cause to believe that the use of the service may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
• the purpose or reason for the stay is unlawful; - there is a breach of the above-mentioned clause 1.2.

 

5.3 The justified withdrawal of the hotel does not entitle the customer to claim damages.

 

 

6 ROOM PROVISION, HANDOVER AND RETURN

 

6.1 The customer is not entitled to the provision of specific rooms unless this has been expressly agreed.

 

6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.

 

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Late check-out is possible by prior arrangement with the hotel. The costs and the time of the latest check-out will be specified by the hotel. 

 

 

7 LIABILITY OF THE HOTEL

 

7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.

 

7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than EUR 800.00 or other items with a value of more than EUR 3,500.00, this requires a separate storage agreement with the hotel.

 

7.3 If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4. The same shall also apply to bicycles, trailers, water sports equipment (e.g. SUP, boat, etc.) parked or otherwise stored.

 

7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The hotel shall only be liable in this respect in accordance with the above clause 7.1, sentences 1 to 4.

 

7.5 The house, bathing and sauna rules must always be observed in order to protect the health of the guest and other guests.

 

7.6 Liability for accidents caused by improper use of rented sports and leisure equipment is excluded. Before borrowing water sports equipment for the first time during the stay, the guest/user must be instructed by the hotel staff.

 

For safety reasons, every use of water sports equipment (including free of charge) must be registered with the hotel staff in advance

 

 

8 LIABILITY OF THE CUSTOMER

 

8.1 The customer shall be liable for any damage caused by the customer or their fellow travelers in the amount of the damage caused. The customer may demand proof of the costs incurred in remedying the damage (repair, replacement).

 

8.2 In the event of non-compliance with the smoking ban in the rooms and balconies and the resulting untimely rentability and additional cleaning costs, a lump sum of EUR 100.00 will be charged. If the room cannot be rented out at all, the charge is 100% of the applicable room rate for one night.

 

8.3 Soiling of beds / sofas by animals (e.g. animal hair, excrement, etc.) will also be charged at a flat rate of Euro 100.00. In the event of damage caused by animals, 8.1. applies.

 

Furthermore, the current dog policy applies, which is provided in the room upon arrival with a dog. 

 

 

9 FINAL PROVISIONS

 

9.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions must be made in text form. Unilateral amendments or additions by the customer are invalid.

 

9.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes relating to checks and bills of exchange - is Görlitz in commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall also be Görlitz.

 

9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

 

9.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply. 

 

 

10 PERSONAL DATA (pbD)

 

10.1 Personal data (pbD) is collected in accordance with §30 of the Federal Registration Act. Additional data is used for internal forwarding for certain processes in the hotel (e.g. license plate number, allergies, food intolerances). The guest confirms with his signature at check-in that he agrees to this.

 

10.2 PbD are automatically removed from the reservation system 365 days after check-out and are no longer available. Exception: Guests who have agreed to receive the newsletter at check-in or who wish to participate in the regular guest program.

 

10.3 PbD of guests who have only made a request but have not booked will be automatically deleted from the reservation system 30 days after the request has been canceled.

 

10.4 In the case of guest requests for pbD, the guest must identify themselves as such. The hotel has one month to provide information on pbD in accordance with Article 12 (3) of the GDPR. The information is provided exclusively via the management and may not be requested from other employees.