Terms and Conditions

(As of February 2024)

1. Scope

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 to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest reception, hotel, hotel room contract.

1.2 The subletting or re-letting of the provided rooms 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, provided the customer is not a consumer.

1.3 General terms and conditions of the customer only apply if this has been expressly agreed in advance.

2. Contract Conclusion and Parties, Limitation Period

2.1 Contract parties are the hotel and the customer. The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in text form.

2.2 All claims against the hotel generally expire one year from the statutory start of the limitation period. Claims for damages expire, depending on knowledge, in five years, provided they are not based on an injury to life, body, health, or freedom. These damage claims expire, regardless of knowledge, in ten years. The shortening of the limitation periods does not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.

3. Services, Payment, Prices, Set-Off

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 agreed or applicable hotel prices for the room provision and the other services used by him. This also applies to services ordered by the customer directly or via the hotel that are provided by third parties and paid for by the hotel.

3.3 The agreed prices include the taxes and local charges valid at the time of contract conclusion. Not included are local taxes that the guest owes according to the respective municipal law, such as visitor's tax. In the event of changes to the statutory VAT or the introduction, change, or abolition of local taxes on the object of performance after contract conclusion, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and contract fulfillment exceeds four months.

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

3.5 Hotel invoices without a due date are payable within ten days of receipt without deduction. The hotel can 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 current statutory default interest of 8% or, for transactions involving a consumer, 5% above the base rate. The hotel reserves the right to prove a higher damage.

3.6 The hotel is entitled to demand a reasonable advance payment or security deposit, such as a credit card guarantee, from the customer upon contract conclusion. The amount of the advance payment and the payment dates can be agreed in the contract in text form. For advance payments or security deposits for package tours, the statutory provisions remain unaffected.

3.7 In justified cases, for example, in the event of payment arrears by the customer or an expansion of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit within the meaning of the above clause 3.6 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration even after contract conclusion until the start of the stay.

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

3.9 The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.

4. Customer’s Withdrawal (Cancellation, No Show)

4.1 A 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, there is a statutory right of withdrawal, or if the hotel expressly agrees to the contract cancellation. The agreement of a right of withdrawal and any consent to a contract cancellation must be in text form.

4.2 If a date for a cost-free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until that date without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, and there is also no statutory right of withdrawal or termination, and the hotel does not agree to a contract cancellation, the hotel retains the claim to the agreed remuneration despite non-use of the service. The hotel must offset the income from renting the rooms to other parties and the saved expenses. If the rooms are not rented to other parties, the hotel can make a flat-rate deduction for saved expenses. The customer is then obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast and for package arrangements with third-party services, 90% for half-board, and 90% for full-board arrangements. The customer is free to prove that the above claim did not arise or did not arise to the required extent.

5. Hotel’s Withdrawal

5.1 If it has been agreed that the customer can withdraw from the contract within a certain period without charge, the hotel is entitled to withdraw from the contract during this period if inquiries from other customers for the contractually booked rooms are available and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline.

5.2 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.

5.3 Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, particularly if:

Force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract;

Rooms or spaces are culpably booked under misleading or false information or concealment of essential facts; essential facts can be the identity of the customer, the ability to pay, or the purpose of the stay;

the hotel has justified reason to believe that the use of the service may endanger the smooth operation of the business, the security, or the public reputation of the hotel without being attributable to the hotel's area of control or organization;

the purpose or occasion of the stay is illegal;

there is a violation of clause 1.2 above.

5.4 The justified withdrawal of the hotel does not entitle the customer to compensation.

6. Room Availability, Handover, and Return

6.1 The customer has no claim to the provision of specific rooms unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no claim to earlier availability.

6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 12:00 p.m. After that, the hotel can charge 70% of the full accommodation price (list price) for the late vacating of the room until 6:00 p.m., and 100% after 6:00 p.m. Contractual claims of the customer are not established hereby. The customer is free to prove that the hotel has no or a significantly lower claim to usage fees.

7. Hotel’s Liability

7.1 The hotel is liable for damages for which it is responsible resulting from injury to life, body, or health. 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 of the hotel. A breach of duty by the hotel is equivalent to a breach by a legal representative or vicarious agent. Further damage claims are excluded, as far as not otherwise regulated in this clause 7. Should disturbances or defects occur in the hotel's services, the hotel will endeavor to remedy them upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to him to eliminate the disturbance and to keep any damage to a minimum.

7.2 For items brought in, the hotel is liable to the customer according to the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring money, securities, and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

7.3 If the customer is provided a parking space in the hotel garage or the hotel parking lot, even for a fee, this does not constitute a custody agreement. In case of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable according to clause 7.1, sentences 1 to 4.

7.4 Wake-up calls are carried out by the hotel with the utmost care.

Messages, mail, and merchandise for guests are handled with care. The hotel takes over the delivery, storage, and - upon request - the forwarding of the same for a fee. The hotel is only liable according to clause 7.1, sentences 1 to 4.

8. Final Provisions

8.1 Amendments

and supplements to the contract, the acceptance of the application, or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.

8.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for check and bill disputes - is in commercial transactions... Berlin, Rebo & Rebo GbR Hotel Nikolai Residence. If a contract partner fulfills the requirement of § 38 paragraph 2 ZPO and has no general place of jurisdiction domestically, the place of jurisdiction is... Berlin, Rebo & Rebo GbR Hotel Nikolai Residence.

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

8.4 Should individual provisions of these general terms and conditions be or become invalid or void, this does not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.

Information on Data Protection according to EU-GDPR

Our company regularly checks your creditworthiness when concluding contracts and in certain cases where there is a legitimate interest, also with existing customers. For this purpose, we work with Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, from whom we receive the necessary data. For this purpose, we transmit your name and contact details to Creditreform Boniversum GmbH. The information according to Art. 14 of the EU General Data Protection Regulation on the data processing taking place at Creditreform Boniversum GmbH can be found here: [https://www.boniversum.de/eu-dsgvo/informationen-nach-eu-dsgvo-fuer-verbraucher/](https://www.boniversum.de/eu-dsgvo/informationen-nach-eu-dsgvo-fuer-verbraucher/)