GENERAL TERMS AND CONDITIONS – Hotel Accommodation Agreement

These General Terms and Conditions govern the contractual relationship between you as the guest and us, Hotel garni DünenNest, represented by Sascha Justus (hereinafter referred to as the “Hotel”). By making a reservation, you acknowledge and accept these terms and conditions.

§1. Scope of Application

1. These Terms and Conditions apply to all contracts for the temporary rental of hotel rooms for accommodation purposes, as well as to all other services and deliveries provided by the Hotel to the Guest (hotel accommodation agreement).

2. The term “hotel accommodation agreement” includes and replaces the following: accommodation contract, lodging contract, or hotel room contract.

3. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, is strictly prohibited.
   Any terms and conditions of the guest shall only apply if expressly agreed upon in writing in advance.

§2. Conclusion of Contract, Contracting Parties, Liability, Limitation Period

1. The contract is concluded upon the Hotel’s acceptance of the guest’s booking request. The Hotel may confirm the reservation in writing or by email.

2. The contracting parties are the Hotel and the Guest. If a third party makes the booking on behalf of the Guest, the third party shall be jointly and severally liable with the Guest for all obligations arising from the accommodation contract, provided the Hotel has received an appropriate declaration from the third party.

3. The Hotel is liable for its contractual obligations but only in cases of intent or gross negligence.

4. The limitation period for all guest claims is six months, unless the Hotel is liable for intent or mandatory statutory limitation periods apply.

5. This limitation of liability also applies to pre-contractual obligations and positive breaches of contract.

§3. Services, Prices, Payment, Set-off

1. The Hotel is obligated to provide the rooms booked by the guest and to deliver the agreed services.

2. Only the number of persons stated in the contract may occupy the rooms. Any violation renders the accommodation contract void and will result in additional charges. Children under 12 years of age cannot be accommodated at the Hotel.

3. The Guest is obligated to pay the applicable or agreed prices for the room and any additional services used. This also applies to services and expenses incurred by the Hotel on behalf of the Guest with third parties.

4. All prices include the applicable statutory VAT. Local taxes, such as visitor’s or spa taxes, are not included and must be paid by the Guest directly in accordance with municipal law.

5. Prices may be adjusted if the Guest subsequently requests changes in the number of booked rooms, duration of stay, or services, and the Hotel agrees.

6. Hotel invoices without a due date are payable in full within 10 days of receipt. The Hotel may demand immediate payment of accrued charges at any time. In case of late payment, the Hotel may charge interest at 5% above the applicable base rate. The Guest may provide evidence of lesser damages; the Hotel may provide evidence of greater damages.

7. The Hotel may require a reasonable advance payment or security deposit upon or after conclusion of the contract. The amount and due dates will be agreed upon in writing.

8. The Guest may only set off claims or exercise a right of retention against the Hotel’s claims if such claims are legally established or undisputed.

§4. Guest’s Withdrawal (Cancellation)

1. The Guest may cancel the contract within the cancellation period stated in the booking confirmation. If cancellation occurs after this deadline or in case of no-show, the cancellation fees stated in the booking confirmation will apply. Cancellations must be made in writing.

2. No Right of Withdrawal for Hotel Bookings: According to § 312g para. 2 no. 9 of the German Civil Code (BGB), there is no right of withdrawal for accommodation contracts concluded for a specific period. A booking made via telephone, email, or our website becomes binding once confirmed by us.

§5. Hotel’s Right of Withdrawal

1. If the Hotel grants the Guest a temporary right of withdrawal (e.g., provisional booking), the Hotel may withdraw from the contract if other booking requests arise for the same room within that period.

2. If an agreed advance payment is not made even after a reasonable grace period with warning, the Hotel may withdraw from the contract.

   The Hotel shall inform the Guest of the withdrawal.

3. The Hotel may also withdraw from the contract for justified reasons, particularly if:

• force majeure or other circumstances beyond the Hotel’s control render fulfillment impossible;

• rooms are booked under misleading or false information regarding essential facts (e.g., identity, payment ability, purpose of stay);

• the Hotel has reason to believe that the stay may endanger its smooth operation, security, or public reputation without being attributable to the Hotel’s management;

• the purpose or cause of the stay is illegal;

• there is a violation of §1(2), §3(2), or §6(3).

• In such cases, cancellation fees according to the cancellation policy apply.

• In the event of a justified withdrawal by the Hotel, the Guest has no claim for damages.

§6. Room Availability, Check-in and Check-out

1. The Guest has no claim to specific rooms.

2. Unless otherwise agreed, rooms will be available from 1:00 p.m. on the day of arrival.

3. Pets are not permitted in the Hotel. In case of violation, the Hotel may withdraw from the contract and cancellation fees will apply.

4. Rooms must be occupied by 5:00 p.m. on the day of arrival unless the Guest has notified the Hotel in writing, by email, or SMS of a later arrival.

5. Rooms must be vacated by 11:00 a.m. on the day of departure. For late check-out, 50% of the room rate will be charged for use until 5:00 p.m., and 100% thereafter.

6. The Guest is liable for any damages or missing inventory items during the stay, regardless of fault.

7. The Hotel is a non-smoking property. Violations will incur a cleaning fee of €150 plus loss-of-use charges based on the room category.

§7. Liability of the Hotel

1. The Hotel shall be liable with the due diligence of a prudent merchant. Liability for non-typical services, consequential damages, or disruptions due to slight negligence is excluded.
   If disruptions or deficiencies occur, the Guest must notify the Hotel immediately so that corrective action can be taken.

2. The Hotel’s liability for items brought by guests is limited to 100 times the daily room rate, but at least €400 and not exceeding €3,000; for cash, securities, and valuables, the maximum is €800. Valuables up to €3,000 may be stored in the hotel or room safe. Claims expire if not reported immediately upon discovery (§703 BGB).

3. If a parking space is provided (even for a fee), this does not constitute a custody agreement. The Hotel is not liable for loss or damage to vehicles or contents, except in cases of intent or gross negligence. The German Road Traffic Regulations (StVO) apply throughout the premises.

4. Use of common areas and the garden is at the Guest’s own risk.

5. Wake-up calls, mail, and message handling are carried out with due care; liability is excluded except in cases of intent or gross negligence.

§8. Other Provisions

1. If transportation is provided by the Hotel, liability is limited to the coverage provided by the Hotel’s vehicle insurance for personal and property damage.

§9. Final Provisions

1. Any changes or amendments to the contract or these Terms and Conditions must be made in writing. Unilateral amendments by the Guest are invalid.

2. Place of performance and payment is St. Peter-Ording.

3. Exclusive place of jurisdiction is the local court of Husum, provided the contractual partner qualifies under §38 para. 1 ZPO or has no general place of jurisdiction in Germany.

4. German law applies. The UN Convention on Contracts for the International Sale of Goods and conflict-of-law provisions do not apply.

5. Brochure or internet liability is excluded; only the current price list applies.

6. If individual provisions of these Terms and Conditions are or become invalid, the validity of the remaining provisions shall remain unaffected.

7. The House Rules form part of these Terms and Conditions. In case of violations, the accommodation contract may be terminated without notice, and cancellation fees will apply.

8. The Hotel does not participate in dispute resolution proceedings before a consumer arbitration board.