General Terms and Conditions of havenhostel Hotels

Status: 24.11.2022

I. Scope of application

1.   These terms and conditions shall apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other services and deliveries provided by havenhostel Hotels to the customer in this context (hereinafter referred to as: contract). The term "contract" includes and replaces the following terms: Hotel accommodation contract, lodging contract, guest accommodation contract, hotel contract and hotel room contract. The term "customer" is used uniformly for guest, orderer, tenant, organiser, intermediary, etc. The terms and conditions apply to services and deliveries of havenhostel Hotels (hereinafter referred to as: Hotel) under the following company names:

Object locations:
havenhostel Bremerhaven GmbH
Bürgermeister-Smidt-Street 209
27568 Bremerhaven

havenstudios Bremerhaven
Kantstraße 4
27568 Bremerhaven

havenhome
Elm Street 31
27570 Bremerhaven

havenhostel Cuxhaven GmbH
Captain Alexander Street 16
27472 Cuxhaven

havenhostel Stade GmbH
Am Schwingedeich 5
21680 Stade

Central:

havenhostel Germany GmbH
Dillinger Street 3
27578 Bremerhaven

2.   The sub-letting and re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, unless the customer is a consumer.

3.  Deviating provisions, including those contained in the general terms and conditions of the guest or the customer, shall not apply unless expressly accepted by the hotel in writing.

II. conclusion of contract

1. Upon a booking request by the guest, an accommodation contract (hereinafter referred to as "contract") shall be concluded with the corresponding reservation confirmation by the hotel.

2. The contracting parties are the hotel and the guest. If a third party makes the booking on behalf of the guest, he shall be liable to the hotel as the orderer together with the guest as joint and several debtors for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the orderer. Irrespective of this, each ordering party is obliged to pass on to the guest all information relevant to the booking, in particular these General Terms and Conditions.

3.  Bookings may only be made by persons with full legal capacity.

III. Services, Prices, Payment

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.

2.  For good cause, the hotel is entitled to accommodate guests at the booked price in another hotel or in another guesthouse with comparable facilities and services without the hotel being entitled to recourse. An important reason exists in particular if the accommodation in the reserved hotel is not possible due to circumstances for which the hotel is not responsible or which were not foreseeable for both parties at the time of conclusion of the contract.

3.  The guest is obliged to pay the applicable or agreed prices of the hotel for the provision of the room and the other services used or booked by him. This shall also apply to services and expenses of the hotel vis-à-vis third parties arranged by the guest or the customer.

4.  The agreed prices include the respective statutory value added tax. If the value added tax included in the prices increases due to statutory provisions, the hotel shall be entitled to adjust the agreed prices accordingly without separate prior consent of the guest. If the period between conclusion and performance of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 10 per cent.

5.  The prices may also be changed by the hotel if the guest subsequently requests changes in the number of rooms booked, the services provided by the hotel or the length of stay of the guests and the hotel agrees to this.

6.  Invoices of the hotel without a due date are payable immediately upon receipt without deduction. The guest shall be in default at the latest if he does not make payment within 14 days after the due date and receipt of an invoice; this shall only apply to a guest who is a consumer if these consequences have been specifically pointed out in the invoice. Furthermore, the hotel shall be entitled to call due at any time any claims accrued during the guest's stay at the hotel by issuing an interim invoice and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest currently applicable at the rate of 9 per cent or, in the case of legal transactions involving a consumer, 5 per cent above the base interest rate. The hotel may charge a reminder fee of € 5 for each reminder after the occurrence of default. The customer reserves the right to prove a lower damage and the hotel reserves the right to prove a higher damage.

7.  The hotel is entitled to demand a reasonable advance payment or security deposit, but usually at least 10 per cent of the total price, upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and its due date can be agreed in writing in the contract or will be communicated with the reservation confirmation and are thus binding.

8.  For groups of 15 or more people, unless otherwise agreed, a deposit of 30 percent of the total booking amount is due 4 weeks after confirmation of the booking. The remaining amount is to be paid 7 days before arrival. For group bookings at short notice within 8 weeks of arrival, the deposit is waived and the full booking amount is due immediately after confirmation of the booking.

9.  The total amount (less the advance payment) is due upon arrival, unless otherwise agreed, after detailed invoicing.

10.  The guest may only offset or reduce a claim of the hotel with an undisputed or legally established claim.

IV. Withdrawal of the guest (cancellation, cancellation, non-utilisation of the booked services of the hotel)

1.  Cancellation by the customer of a contract concluded with the hotel requires the written form and the written consent of the hotel. If this is not given, the agreed price under the contract shall be payable even if the guest does not make use of contractual services. This shall not apply in the event of a breach of the hotel's obligation to show consideration for the rights, legal assets and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to another justified statutory or contractual right of withdrawal. The following provisions apply with regard to the exercise of the right of withdrawal:

1. Individual travellers up to 14 persons: Free cancellations are possible up to 24 hours before the day of arrival. In the event of a cancellation at short notice after 3 p.m. on the day before or a no-show, the hotel will charge the room or bed rate of 90 per cent of the contractually agreed accommodation price for the first night, provided that subletting is not possible. The Non-Refundable Rate is an exception; here, 90 per cent cancellation charges apply in any case.
2. Group bookings from 15 persons: A cancellation period of 60 days applies to the guest or the intermediary person/organisation. This period also applies if the contract was concluded within this period. In the event of cancellation within this period, the hotel shall be entitled to charge the agreed room rate, whereby the income from renting the rooms to other parties as well as the saved expenses shall be credited. The hotel is free to make a flat-rate deduction for saved expenses. In this case, the guest is obliged to pay the following cancellation fees depending on the time of cancellation: 
   • 59 to 30 days prior to arrival, 30 per cent of the agreed total booking amount is payable.
   • 29 to 10 days prior to arrival, 50 percent of the agreed total booking amount is payable.
   • 9 to 2 days prior to arrival, 70 percent of the agreed total booking amount is payable.
   • In the event of cancellation on the day of arrival or a no-show, 90 percent of the agreed total booking amount will be charged.
   If there is a reduction of at least ten percent in the number of persons within this period, the above cancellation fees apply; less than 10 percent can be cancelled free of charge up to 1 day before arrival.
3. Booked catering services can be cancelled free of charge up to 8 days before arrival. After that, a cancellation fee of 100 percent of the agreed total booking amount will be charged.

2.   The guest is at liberty to prove that the hotel has suffered no loss or that the loss suffered by the hotel is less than the flat rate compensation demanded.

3.   The above provisions on compensation apply accordingly unless separate arrangements were made when the contract was concluded (e.g. for bookings on special dates).

V. Withdrawal of the hotel

1.  If an advance payment or security deposit agreed in accordance with Clause III, Paragraphs 7 and 8 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

2.  Furthermore, the hotel is entitled to withdraw from the contract for good cause, in particular if

• force majeure or other circumstances for which the hotel is not responsible and which make it impossible to fulfil the contract;
• rooms are booked under misleading or false statements of material facts, e.g. concerning the person of the guest or the purpose;
• the hotel has reasonable grounds to believe that the use of the hotel service may jeopardise the smooth running of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;
• there is an unauthorised subletting or subletting in accordance with Clause II, Paragraph 3;
• a case of number VI paragraph 3 exists;
• the hotel becomes aware of circumstances that the financial circumstances of the guest have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk.

3.  The hotel shall immediately notify the guest in writing of the exercise of the right of withdrawal.

4.  In the aforementioned cases of withdrawal, the guest shall have no claim to compensation, except in the event of intentional or grossly negligent conduct on the part of the hotel.

VI Arrival and departure

1.  The guest does not acquire any claim to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in writing. In the case of group bookings of 15 or more persons, the hotel may determine the division in which the guests are accommodated. However, the hotel will take requests into account as far as possible. The exact distribution of the rooms (single, double, multi-bed rooms) can be found in the reservation confirmation.

2.  Booked rooms are available to the guest from 3 pm on the agreed day of arrival. The guest has no right to earlier availability.

3.  On the agreed day of departure, the rooms must be vacated by 10.00 a.m. at the latest. Thereafter, the hotel may charge 70 per cent of the full valid accommodation price (list price) for the use of the room in excess of the contract until 6.00 p.m. and 100 per cent of the full valid accommodation price (list price) after 6.00 p.m. in addition to the damage incurred by the hotel as a result. This shall not give rise to any contractual claims on the part of the customer. The guest is at liberty to prove to the hotel that the hotel has incurred no or significantly lower damages.

4.  For groups of 15 or more persons, a list of all participants with full name and date of birth must be handed over to the hotel at the latest upon arrival.

5.  If the total number of guests exceeds the agreed number of persons, there shall be no entitlement to accommodation for the additional guests.

VII. other provisions

1.  The respective valid house rules are part of the accommodation contract and can be downloaded from the hotel website or requested from the hotel. Groups of 15 or more persons must sign the house rules upon arrival at the latest.

2.  Persons under the age of 18 are only permitted to stay overnight in the hotel if accompanied by at least one adult or with a declaration of consent from their legal guardian.

3.  Bringing animals or large medical equipment is only allowed in private rooms.

4. When booking bed and breakfast, breakfast will be served after the overnight stay. When booking half-board or full-board, the first meal is dinner, unless otherwise agreed. If half board is booked, the booking ends with breakfast, if full board is booked, the booking ends with lunch or packed lunches. In the case of half-board or full-board arrangements, the meal times will be fixed at the latest when the group arrives.

5. E-bike: Charging of bicycle batteries is prohibited in the rooms for safety reasons.

6.  E-scooter: Bringing the scooter is only allowed if it can be folded and carried by hand. If this is not the case, it can be stored in the hotel's bicycle room. Charging of the batteries is prohibited in the rooms for safety reasons.

VIII. Liability and limitation

1.  The guest is liable for all damage (damage or loss) to the building or inventory caused intentionally or negligently by him or his vicarious agents. If damage is caused by misconduct on the part of visitors or other third parties from the guest's area, the guest is obliged to assert the damage incurred against the hotel in his own name within the framework of his own claims for compensation in favour of the hotel. The hotel may optionally demand the assignment of the claims for compensation In the event that the guilty party of a group is not identified, the entire group shall be jointly and severally liable. The hotel reserves the right to demand a deposit of € 10 per person on arrival of the group, but not more than € 500 per group, which will be refunded on departure, provided that the hotel has not suffered any damage caused by the group.

2.  The hotel shall be liable in cases of intent and gross negligence in accordance with the statutory provisions. Otherwise, the hotel shall be liable for culpable injury to life, limb or health or for culpable breach of essential contractual obligations. However, the hotel's liability shall be limited to the foreseeable damage typical for the contract, unless another case of mandatory liability pursuant to sentences 1 and 2 is given at the same time. In all other respects, liability on the part of the hotel (e.g. for indirect damage, consequential damage or loss of profit) due to slight negligence is excluded to the extent permitted by law. This section on the hotel's liability applies mutatis mutandis to legal representatives and vicarious agents (e.g. colleagues called in).

3.   The limitation of liability according to paragraph 2 applies to both contractual and tortious claims.

4.  If a serious event causing damage has occurred which is due to technically unforeseeable circumstances for which the hotel is not responsible, or which is due to force majeure, the hotel's liability is generally excluded.

5.  Should disruptions or deficiencies occur in the hotel's services, the hotel shall endeavour to remedy the same upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum. If the guest culpably fails to notify the hotel of a defect, a claim for reduction of the contractually agreed remuneration shall not arise.

6.  The hotel shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Liability is excluded if the room or the containers in which the guest leaves the items remain unlocked. Liability claims shall also lapse if the guest does not notify the hotel immediately after becoming aware of the loss, destruction or damage. In the event of loss, the guest shall furnish proof of gross negligence on the part of the hotel. Insofar as a parking space is made available to the guest in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel shall have no duty of supervision. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel shall not be liable unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed against the hotel at the latest when leaving the hotel property.

7.  Messages, mail and merchandise shipments for guests are handled with care. The hotel will take care of the delivery, safekeeping and - on request - forwarding of the same against payment, as well as for lost property on request. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a storage period of one month at the latest, charging an appropriate fee.

8.  Claims for damages by the guest shall become statute-barred at the latest after 2 years from the time at which the guest becomes aware of the damage or, irrespective of such knowledge, at the latest after 3 years from the time of the damaging event. This does not apply to liability for damages arising from injury to life, body or health or for other damages based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent.

IX. Final provisions

1.  Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation shall be made in writing. Unilateral amendments or supplements by the customer are invalid.

2. The place of performance and payment is the registered office of the hotel.

3.  The exclusive place of jurisdiction - also for disputes regarding cheques and bills of exchange - in commercial transactions shall be the registered office of the hotel. If a contracting party does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. However, the hotel shall be entitled to bring legal actions and other legal proceedings also at the general place of jurisdiction of the guest.

4.  Bookings are subject to the law of the Federal Republic of Germany.

5.  Should individual provisions of these General Terms and Conditions for Hotel Accommodation 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.