General terms and conditions of business

As of: January 8, 2024

I. SCOPE

 

1. These General Terms and Conditions apply to contracts for the rental of hotel rooms and accommodation, as well as all related services and deliveries (hereinafter "Service Provision") of the hotel operator Luftvision Hamburg GmbH (hereinafter "Hotel") and the customer (hereinafter "Customer"; Hotel and Customer are hereinafter referred to collectively as the "Parties").

2. The Customer's General Terms and Conditions shall only apply if the parties have expressly agreed to this in writing in advance.

 

II. CONCLUSION OF CONTRACT, CONTRACT PARTNER

 

1. Offers from the hotel are subject to change without notice. The hotel is not obligated to confirm the room booking in writing.

2. The subletting or reletting of the provided hotel rooms requires the hotel's prior written consent (Section 126b of the German Civil Code). Section 540 (1) Sentence 2 of the German Civil Code does not apply to commercial transactions. In any case, the customer is obligated to impose the general obligations contained in the contract or these General Terms and Conditions on any third parties to whom they provide the rooms and to inform these third parties of the general duties of care that exist within the framework of a rental agreement, in particular the careful treatment of the rental property.

3. If a third party has made the reservation on behalf of the customer, they are jointly and severally liable to the hotel for all obligations arising from the accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

 

III. ROOM PREPARATION, HANDOVER AND RETURN

 

1. The customer does not acquire any right to the provision of specific rooms unless the hotel has confirmed the provision of a specific room in writing.

2. Unless otherwise agreed with the customer, hotel rooms are available from 3 p.m. on the day of arrival (check-in time). The customer is not entitled to earlier availability.

3. Rooms must be vacated by 10 a.m. on the day of departure (check-out time). If rooms are not vacated in a timely manner, the hotel may charge half the room rate according to the price list for the additional use of the room until 6 p.m., and 90% of the room rate according to the price list after 6 p.m. This does not constitute grounds for contractual claims between the hotel and the customer. The customer is free to provide evidence that the hotel has suffered no or significantly less damage.

 

IV. SERVICES, PRICES, PAYMENT; SET-OFF; LIEN

 

1. The hotel is obligated to keep the hotel rooms booked by the customer available and to provide the agreed services.

2. The customer is obligated to pay the hotel's applicable or agreed prices for the provision of services. This also applies to services and supplies (including ancillary services such as meals, telephone calls, etc.) used by guests accommodated in the hotel on the basis of this contract and/or in connection with the contractual accommodation of guests, visitors, etc. of the accommodated guests.

3. The agreed prices include the applicable statutory value-added tax. With regard to contracts with non-private customers, the hotel reserves the right to state or agree on net prices. If more than four months elapse between conclusion of the contract and fulfillment of the contract and the statutory value-added tax changes during this period, the prices will be adjusted accordingly.

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

5. Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel may demand immediate payment of outstanding amounts from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently 8%, or 5% above the base interest rate for legal transactions involving a consumer. The hotel reserves the right to prove higher damages.

6. The hotel is entitled to demand an appropriate advance payment up to the full price from the customer upon conclusion of the contract, or to demand security in the form of a credit card guarantee, a deposit, or similar.

 

V. NO-APPEARANCE / WITHDRAWAL / CANCELLATION BY THE CUSTOMER

 

1. Subject to No. 4, any withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent (§ 126b of the German Civil Code).

2. Subject to No. 4, the agreed fee for rented hotel rooms must be paid even if consent pursuant to No. 1 is not given, the booking is canceled by the customer, or the customer does not show up. The hotel must credit the value of the saved incidental costs and any benefits acquired from renting the room to another party. In the event of withdrawal, the customer is obligated, subject to No. 4, to pay 90% of the contractually agreed price for the overnight stay with or without breakfast. The customer is free to provide evidence that the hotel has incurred no or significantly lesser damages.

3. If a deadline for withdrawal from the contract free of charge has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that deadline without triggering any payment or compensation claims from the hotel. The customer's right of withdrawal expires if they do not exercise their right of withdrawal in text form (§ 126b of the German Civil Code) vis-à-vis the hotel by the agreed date, unless a case pursuant to Section 4 applies.

4. The above clauses shall not apply in the event of a breach of the hotel's obligation to consider the customer's rights, legal interests, and interests, if the customer can no longer reasonably be expected to adhere to the contract, or if the customer is entitled to another statutory or contractual right of withdrawal.

 

VI. WITHDRAWAL BY THE HOTEL

 

1. If a right of withdrawal for the customer free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive their right of withdrawal upon request from the hotel. This applies accordingly if an option is granted, if other requests are received and the customer is not prepared to make a firm booking upon request from the hotel.

2. If and to the extent that advance payments have been agreed with the customer and the customer fails to make these payments within a reasonable grace period set by the hotel with a threat of refusal, the hotel is entitled to withdraw from the contract or demand compensation for non-performance. Section V. 2 applies accordingly to the calculation of compensation.

3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example, if:
• force majeure or other circumstances beyond the hotel's control make fulfillment of the contract impossible (such as a strike or power outage);

4. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example, if:
• force majeure or other circumstances beyond the hotel's control make fulfillment of the contract impossible (such as a strike or power outage);

5. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example, if:
• force majeure or other circumstances beyond the hotel's control make fulfillment of the contract impossible (such as a strike or power outage);

6. • Rooms are booked with misleading or false information regarding essential facts, e.g., regarding the identity of the guest or the purpose of the stay;
• The hotel has reasonable grounds to believe that the use of hotel services could jeopardize the smooth operation of the hotel's business, its security, or its public reputation, without this being attributable to the hotel's sphere of control or organization;
• The purpose or reason for the stay is illegal;
• The customer sublets or rents the rooms provided, or uses them for purposes other than accommodation, without the hotel's prior consent;
• There is a violation of Section II. No. 2.

4. The hotel's right to claim damages is not affected by the cancellation.

5. In the event of a justified cancellation by the hotel, the customer is not entitled to compensation.

 

VII. LIABILITY, DEFECTS, LIMITATION PERIOD

 

1. The hotel's liability for its own negligence and the negligence of its vicarious agents is limited to intent and gross negligence – regardless of the legal basis, but subject to No. 2 – to intent and gross negligence.

2. This limitation of liability does not apply to claims arising from product liability, a guarantee assumed by the hotel, or claims based on injury to life, limb, or health, or a breach of so-called cardinal obligations, i.e., obligations whose compliance is essential to achieving the purpose of the contract and on whose compliance the customer can rely. In the latter case, however, liability is limited to compensation for typical, foreseeable average damages.

3. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the customer. The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any potential damage. Furthermore, the customer is obligated to inform the hotel in a timely manner of the possibility of exceptionally high damages.

4. Any belongings brought into the hotel by the customer are at the customer's risk. The hotel assumes no liability for loss, destruction, or damage except in cases of intent or gross negligence.

5. Statutory liability according to Sections 701 et seq. of the German Civil Code (BGB) remains unaffected by No. 4. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e., up to 100 times the room rate, up to a maximum of €3,500.00, as well as for money, securities, and valuables up to a maximum of €800.00. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction, or damage (Section 703 of the German Civil Code).

6. If a parking space in a hotel parking lot is made available to the customer – whether free of charge or for a fee – this does not constitute a safekeeping contract within the meaning of Sections 688 et seq. of the German Civil Code (BGB). The hotel is not liable for the loss of or damage to the vehicle or its contents, except in cases of intent or gross negligence.

7. The hotel carries out wake-up calls with the utmost care. Claims for damages not based on intent or gross negligence are excluded.

8. Messages, mail, and shipments for the customer are handled with care. The hotel undertakes delivery, storage, and forwarding only upon request, at the customer's risk, and at their expense. Claims for damages not based on intent or gross negligence are excluded.

9. To the extent that the hotel provides internet connections, connections, and networks, the customer indemnifies the hotel against any claims by third parties arising from the unlawful use of the internet connection.

10. The limitation period for customer claims is generally governed by statutory provisions. In deviation from Section 195 of the German Civil Code (BGB), the limitation period for all customer claims is one year. Notwithstanding Section 199, Paragraph 3, Nos. 1 and 4 of the German Civil Code (BGB), claims for damages and other claims shall expire five years from their occurrence, regardless of knowledge or grossly negligent ignorance. The above exceptions do not apply to claims for damages due to injury to life, body, health, or freedom, or if the hotel is guilty of intent or gross negligence.

11. The customer may only offset or set off a claim against a claim of the hotel if it is undisputed or legally binding.

 

XIII. LOST AND FOUND

Items left behind will only be returned upon request, at the customer's risk and expense. The hotel will retain these items for six months. After this time, the finder acquires ownership of the item if the owner has not been identified or registered their right.

 

XIV. INFORMATION ACCORDING TO § 36 OF THE CONSUMER DISPUTE RESOLUTION ACT

Luftvision Hamburg GmbH is generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

XV. FINAL PROVISIONS

1. Amendments or additions to the contract or these General Terms and Conditions must be made in writing to be effective. If a consumer is a party to the contract, text form (Section 126b of the German Civil Code) is sufficient for the consumer's declarations to be effective.

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

3. The exclusive place of jurisdiction – also for check and bill of exchange matters – in commercial transactions is the registered office of the hotel. If a customer meets the requirements of Section 38 (2) of the German Code of Civil Procedure and does not have a general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction shall be the registered office of the hotel.

4. The law of the Federal Republic of Germany shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules are excluded.

5. Should individual provisions of these General Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions.