General
Terms and Conditions
§ 1 Scope of Application
These General Terms and Conditions (GTC) shall apply to all services provided by Villa Viva Gasthaus GmbH & Co KG (hereinafter referred to as "Hotel") to the guest (m/f/d), the organiser or other contractual partners (hereinafter referred to as "Contractual Partner"). The services shall consist in particular in the granting of the use of hotel rooms and other rooms for e.g. seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organisation of sporting events and other programmes, the implementation of special health-promoting measures or comparable offers as well as for all other related services and supplies of the Hotel against payment. The hotel is entitled to have its services performed by third parties.
These GTC apply to all types of contracts such as hotel accommodation, package tour, contingent or event contracts concluded with the hotel. The GTC shall also apply to all future transactions with the contract partner. 3.
The GTC of the contracting party shall not apply, even if the hotel does not expressly object to them. Counter-confirmations by the contracting party referring to its GTC are hereby objected to.
§2 Conclusionofcontract
(1) The respective contract shall be concluded in principle upon oral or written application by the contracting party and acceptance by the hotel. The hotel shall be free to accept the application in writing, orally, in text form (e-mail, fax) or conclusively by providing the service.
2. if the contracting party concludes a so-called contingent contract, the contracting party shall be liable for any and all damage culpably caused by the end user.
3. subletting or re-letting or the use of the rooms provided free of charge by third parties as well as the use for other than accommodation purposes shall only be permitted if the hotel expressly allows this. The hotel may, at its own discretion, grant a written exception in this regard upon request.
(4) The contracting parties are the hotel and the customer who makes use of the hotel's services. If a third party has ordered on behalf of the customer, that party shall be liable to the hotel together with the customer as joint and several debtors for all obligations under the relevant contract.
§3 Use of the room, handover of the room, departure, smokingban
(1) The rooms are made available exclusively for accommodation purposes. Pets may be brought into the room only with the prior consent of the hotel and at a separate charge.
2. the contracting party shall be liable to the hotel for all damage caused by the contracting party or by third parties who receive the hotel's services at the contracting party's behest.
3. smoking is prohibited in all rooms and public areas of the building. In case of violation, the offending guest will be charged an extra cleaning fee of at least € 50. Should a violation of this smoking ban make it impossible to re-let the room due to a persistent odour nuisance, the hotel reserves the right to charge the violating guest the full amount of the loss of revenue, even after the guest's departure. 4.
4. turning off or manipulating the fire/smoke detectors is punishable by law. In the event of contravention, the hotel shall be entitled to charge the guest for the costs incurred, e.g. for fire brigade intervention.
5) The sound box provided to the guest in the room on the day of arrival must be returned to the hotel by the guest on the day of departure. The hotel must be notified immediately of any loss of the sound box. If the sound box is not returned or not returned on time, the hotel shall be entitled to charge the guest for the costs of the necessary replacement. The hotel points out to the guest already now that the costs for this amount to approx. 100, - €. The guest is at liberty to prove that the damage is lower, the hotel that it is higher. 6.
The contract partner has no claim to the use of certain rooms. If rooms are not available in the hotel, the hotel shall inform the contract partner immediately and offer a substitute of equal value in a nearby hotel of the same category. If the contracting party refuses, the hotel shall immediately reimburse the contracting party for any services rendered. 7.
7. booked rooms shall be available to the contract partner from 3:00 p.m. on the day of arrival. The contract partner shall not be entitled to earlier availability. 8.
8. unless a later arrival time has been agreed in advance or the room has already been paid for in full in advance or the hotel has been provided by the customer with a credit card number which enables the room price to be debited even if the customer fails to appear, the hotel shall have the right to allocate the booked room to someone else after 4 p.m.. In this case, the customer has no claims against the hotel. 9.
9. the rooms must be vacated by 11:00 a.m. at the latest on the day of departure. After this time, the hotel may charge 25% of the overnight rate for the additional use of the room until 2:30 p.m., 80% from 3:00 p.m. and 100% of the overnight rate (daily rate) from 5:00 p.m. onwards, in addition to any damage incurred as a result. 10.
10. the hotel is entitled to refuse a customer access to the hotel and accommodation if, on the customer's arrival, there is reasonable concern that the customer is under the influence of drugs or alcohol or behaves in an abusive manner towards the hotel staff or other customers. The hotel is entitled to expel a customer from the hotel and to terminate the existing contract with him without notice if he repeatedly disturbs the peace, harasses or insults other customers or hotel staff.
§ 4 Events
1. in order to enable careful preparation by the hotel, the contract partner shall notify the hotel of the final number of participants no later than five days before the start of the event. If the contract partner informs the hotel of a higher number of participants than agreed, this higher number of participants shall only become part of the contract if the hotel agrees thereto in writing. If the hotel does not agree in writing, the contracting party shall not be entitled to hold the event with a higher number of participants. If the hotel agrees, billing shall be based on the new agreement (with additional expenses, if applicable). The contracting party shall not be entitled to consent. Invoicing shall be based on the contractually agreed number of participants plus any persons registering later. If fewer participants actually take part in the event, this shall be irrelevant for invoicing. 2.
If the agreed time of commencement of the event is postponed, the hotel shall be entitled to charge the contracting party for all additional costs incurred as a result thereof.
3. reserved rooms shall only be available to the contracting party within the period agreed in writing. Use beyond this period shall require the written consent of the hotel and shall generally only be granted against additional payment. The hotel reserves the right to make changes to rooms to the extent that such changes are reasonable for the contract partner, taking into account the interests of the hotel. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's services or the customer's length of stay conditional upon an increase in the price of the rooms and/or other services to be provided by the hotel.
4. in the case of events which continue beyond 1:00 a.m., the hotel may, unless expressly agreed otherwise in writing, charge € 250 per hour or part thereof. The contract partner shall be liable to the hotel for additional services provided to the event participants or to third parties in connection with the event. 5.
The contract partner shall procure all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Any fees payable to third parties for the event, such as GEMA fees, entertainment tax, etc., shall be paid by the contracting party directly to the creditor without delay.
The contracting party shall be liable for the conduct of its employees, event participants and other auxiliary personnel as for its own conduct. The hotel may require the contract partner to provide appropriate security (e.g. down payments, insurance, deposits, guarantees). 7.
7. in order to prevent damage, the attachment and installation of decorative material or other objects must be agreed with the hotel in advance. Exhibits and other items brought along must be removed without residue at the end of the event. If the contracting party fails to comply with this provision, the hotel shall have the right to remove and store such items at the hotel's expense. Any transport packaging, outer packaging and all other packaging materials brought in shall be disposed of by the contract partner at his own expense. Disposal may be subject to a charge if the contract partner leaves the packaging behind after the end of the event. All items brought into the event, such as decorative materials and the like, must comply with all applicable regulations. 8.
8. the hotel does not provide insurance cover for items brought into the hotel. The conclusion of any necessary insurance shall be the sole responsibility of the contracting party.
9. faults or defects in facilities provided by the hotel shall be remedied insofar as this is possible for the hotel. The contract partner may not derive any claims in this connection. 10.
10. if the contract partner brings in his own electrical equipment, the hotel management's consent shall be required prior to connection to the power grid. The electricity consumption incurred shall be charged in accordance with the valid provision and working prices as charged to the hotel by the utility company. The hotel is free to charge a flat rate. Any malfunctions or defects in the hotel's technical equipment caused by connection shall be borne by the contracting party.
11. the contracting party is entitled, with the hotel's consent, to use its own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this. If suitable hotel facilities remain unused as a result, the hotel may charge an outage fee. 12.
(12) If the hotel procures technical or other equipment from third parties for the contracting party, the hotel shall act on behalf and for the account of the contracting party; the contracting party shall be liable for the careful handling and proper return of such equipment and shall indemnify the hotel against all claims of third parties upon first written request. Any liability on the part of the hotel due to untimely procurement or defectiveness of the procured facilities is excluded.
The contracting party may not bring food and beverages to the events. In special cases (e.g. national specialities etc.), a written agreement may be made to this effect. In such cases, a general cost charge shall be levied after deduction of the pro rata cost of the goods. In the event of infringement, the hotel shall be entitled to claim a flat-rate amount of damages per participant for the loss incurred, which would have accrued to the hotel for the provision of the service. The hotel accepts no liability whatsoever for damage to health caused by the consumption of food and drink brought along by the participant.
14. newspaper advertisements containing invitations to job interviews or sales events generally require the hotel's prior written consent. If publication takes place without consent, the hotel shall have the right to cancel the event.
Any kind of advertising, information, invitations which establish a reference to the hotel, in particular by using the hotel name, shall require the prior written consent of the hotel.
§ 5 Provision of Services, Prices, Payments, Set-Off and Assignment
1. the prices of the respective services shall be determined in accordance with the hotel's prices valid at the time the services are provided. All prices are inclusive of the currently applicable statutory value-added tax. In addition, the prices confirmed at the time of booking shall apply. Should the price have changed at the time of performance of the service, subsequent adjustments shall no longer be possible. The prices do not include public charges such as visitor's tax, cultural promotion tax (so-called "bed tax") and the like. The aforementioned taxes shall be borne additionally by the contracting partner. The respective amounts shall be invoiced separately. Increases in value added tax shall be borne by the contract partner. If the period between conclusion of the contract and the first contractual service exceeds 120 days, the hotel shall be entitled to increase prices by up to a maximum of 15%. Subsequent changes to the services may lead to changes in the prices. 2.
2. the hotel shall be entitled to demand an advance payment or security deposit of up to 100% of the contracting party's total payment obligation from the contracting party upon conclusion of the contract. The amount of the advance payment and the payment dates may be stipulated in the contract. In the case of stays of more than one week or claims of more than € 1,000 for services already rendered, the hotel may also issue interim invoices which shall be due for payment immediately.
Invoices are to be paid immediately in cash, by EC card or credit card. The hotel is entitled to reject foreign currency, cheques, EC and credit cards. Vouchers from tour operators shall only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund of unused services is excluded. 4.
4. the hotel's claim for payment is due without deduction immediately after receipt of the respective invoice. An invoice shall be deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless proof of earlier receipt can be provided. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest applicable at the time. 5.
The issuing of a total invoice shall not release the customer from the obligation to pay the individual invoices in due time. A delay in payment of even one individual invoice shall entitle the hotel to withhold all further and future services and to make the fulfilment of the services dependent on the provision of security in the amount of up to 100% of the outstanding payment.
6. a reminder fee of 5,- € is due for each reminder. All further collection costs incurred shall be borne by the contractual partner. 7.
7. the contract partner may only offset a claim of the hotel if his claim is undisputed or has been legally established. This shall apply mutatis mutandis to the exercise of a right of retention on account of the contract partner's own claims. Claims and other rights may only be assigned with the written consent of the hotel. 8.
8. if the contract partner uses a credit card for the payment of hotel services with advance payment obligation (e.g. general orders with advance payment, guaranteed booking or vouchers) without physically presenting it (e.g. via telephone, internet or similar), the contract partner shall not be entitled in relation to the hotel to revoke this charge vis-à-vis its credit card institute.
§ 6 Cancellation of services / reduction of services
1. reservations made by the contract partner are binding for both contract partners after acceptance by the hotel. In the event of cancellation or reduction by the contracting party, the contracting party shall pay the following damages, unless otherwise contractually agreed:
1. no compensation if the written cancellation or reduction is received by the hotel by the contractually agreed time before the start of the performance period.
2. damages amounting to 80% of the value of the services ordered for the first 3 nights booked if the written cancellation or reduction is received by the hotel less than the contractually agreed time before the start of the service period.
In the event of cancellation on the day of arrival or a no-show, 100 % of the accommodation price shall be charged for the first night and 80 % for a maximum of two subsequent nights booked. In the event of a no-show, the entitlement to booked subsequent nights shall lapse. 4.
4) For group reservations (5 rooms or more), separate cancellation deadlines apply, which are contractually agreed in each case. If rooms were booked individually by the same booker for the same period, the hotel is also entitled to subsequently assert separate cancellation deadlines.
5. compensation in the amount of 100% of the value of the ordered services when booking a non-cancellable rate (e.g.: special DROP rate).
2. the contracting party shall be entitled to prove that the damage suffered by the hotel is non-existent or lower.
3. the above-mentioned deadlines apply equally to the hotel without affecting the provisions of § 9 of these GTC.
§ 7 Cancellation / Termination by the Hotel
1. the hotel is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) in accordance with the statutory provisions if
1. the contract partner fails to perform a due service.
2. performance of the contract is impossible due to force majeure, strike or other circumstances for which the hotel is not responsible.
3. the contract partner provides misleading or false information about essential data.
4. the contract partner uses the name of the hotel in advertising without prior written consent.
5. rooms which are the subject matter of the contract are sublet in whole or in part without the written consent of the hotel.
6. the hotel has reasonable cause to believe that the use of the hotel's services may jeopardise the smooth operation of the business, the safety or the reputation of the hotel in the public.
2. the hotel shall notify the contracting party of the exercise of the withdrawal/termination in writing without delay, at the latest within 14 days of the reason becoming known. The cancellation of the contract by the hotel shall not give rise to any claims by the contract partner for damages or other compensation. A claim by the hotel for compensation for damages incurred and expenses incurred by it shall remain unaffected in the event of justified termination of the contract.
§ 8 Liability of the hotel, objects brought in, limitation period
1. the hotel shall in principle be liable for all legal and contractual claims only in the event of intentional or grossly negligent conduct on the part of the hotel, its legal representatives or vicarious agents.
By way of exception, the hotel shall be liable for slight negligence in the event of damage,
1. which are based on the violation of essential contractual obligations. In these cases, liability shall be limited to the foreseeable damage typical for the contract.
2. due to injury to life, body and health of the customer.
2. liability of the hotel for consequential or indirect damages is excluded.
(3) Exclusions and limitations of liability shall apply in the same way in favour of all companies employed by the hotel to fulfil its contractual obligations, their subcontractors and vicarious agents. They shall not apply if the hotel assumes a guarantee for the quality of an item or work or in the case of fraudulently concealed defects. 4.
4. the contracting party shall be obliged to notify the hotel of any recognisable defects without delay, at the latest upon departure.
5. the statutory provisions of §§701 et seq. of the German Civil Code (BGB) shall apply to items brought into the hotel by the contracting party.
Vehicles parked on the hotel premises, even against payment, shall not constitute a safekeeping contract. The hotel shall not be liable for damage to or loss of vehicles parked on the hotel premises and their contents. 7.
Any items left behind by the contracting party / overnight guest shall only be forwarded at the request, risk and expense of the contracting party. The hotel shall keep the items for 6 months and charge an appropriate fee for this. After this period, the items will be handed over to the local lost property office if there is an identifiable value.
8. all claims of the contract partner against the hotel arising from or in connection with the contract shall become statute-barred after the expiry of one year, beginning with the end of the year in which the claim arose and the contract partner became aware of the circumstances giving rise to the claim or should have become aware without gross negligence.
§ 9 Additional Provisions for Package Travel Contracts
(1) If, in addition to providing board and lodging, the hotel's obligation to perform consists of organising a leisure programme as its own paid service, this shall constitute a so-called package tour contract.
(2) The contracting party may not assert any claims on account of changes, deviations or reductions in individual services within the scope of a package tour contract which become necessary after conclusion of the contract if they are merely insignificant.
(3) If the contract partner does not make use of agreed and provided services, a reduction or refund of the total fee shall not be possible.
4. the hotel shall not be liable for damages suffered by the contract partner on the occasion of the use of a special service provided by a third party. In this respect, the contract partner is referred to the enforcement of his claims against the respective organiser of the special service.
§ 10 Place of Performance and Payment, Place of Jurisdiction, Ancillary Agreements, Partial Invalidity
(1) The place of performance and payment for both parties shall be the registered office of the hotel.
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. 3.
3. with the exception of private end consumers, the registered office of the hotel is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract. Subsidiary agreements, amendments or supplements to these General Terms and Conditions must be made in writing. Unilateral amendments and supplements by the contracting party shall be invalid. 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. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the meaning of the invalid provision. In all other respects, the statutory provisions shall apply.
§ 11 Technical facilities and connections
(1) The guest shall be liable for damage caused by electronic equipment brought in by the guest; the hotel shall not be liable for damage caused by electronic equipment brought in by the guest unless the hotel is guilty of gross negligence or wilful (contributory) negligence. Insofar as the hotel procures technical and other equipment from third parties for the guest at the guest's instigation, it shall act in the name of, on the authority of and for the account of the guest. The guest shall be liable for careful handling and proper return. The guest shall indemnify the hotel against all claims of third parties arising from the provision of such facilities. 2.
2. the use of the guest's own electrical equipment using the hotel's power supply system requires the hotel's consent. Any malfunctions or damage to the hotel's technical equipment resulting from the use of such equipment shall be borne by the guest and the guest shall be liable therefor insofar as the hotel is not responsible for such malfunctions or damage. The hotel may charge a lump sum for the electricity costs incurred by the use of such equipment.
3. faults in technical or other facilities provided by the hotel shall be remedied immediately where possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.
Hamburg, June2023
