General Terms and Conditions
§ 1 Scope of application
1. these General Terms and Conditions (GTC) 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 consist in particular of the provision of hotel rooms and other premises for use against payment, e.g. for 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 deliveries of the hotel. The hotel is entitled to fulfil its services through third parties.
2. these GTC refer to all types of contracts, such as hotel accommodation, package tour, contingent or event contracts, which are concluded with the hotel. The GTC shall also apply to all future transactions with the contractual partner.
3. general terms and conditions of the contractual partner shall not apply, even if the hotel does not expressly object to them. Counter-confirmations of the contractual partner with reference to its GTC are hereby rejected.
§2Conclusionof contract
1. the respective contract is generally concluded following a verbal or written application by the contract partner and acceptance by the hotel. The hotel is free to accept the application in writing, verbally, in text form (e-mail, fax) or conclusively by providing the service.
2. if the contractual partner concludes a so-called contingent contract, the contractual partner shall be liable for all damages culpably caused by the end user.
3. the subletting or re-letting or the use of the rooms provided by third parties free of charge as well as the use for purposes other than accommodation is only permitted if the hotel expressly authorises this. The hotel may, at its own discretion, grant a written exception upon request.
4. the contracting parties are the hotel and the customer utilising the hotel's services. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the corresponding contract.
§ 3 Room utilisation, room handover, departure,smokingban
1. the rooms are made available exclusively for accommodation purposes. Pets may only be brought along with the prior consent of the hotel for a separate charge.
2. the contractual partner shall be liable to the hotel for all damage caused by him or by third parties who receive the hotel's services at his instigation.
3. smoking is prohibited in all rooms and public areas of the building. In the event of an offence, 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 persistent odour nuisance, the hotel reserves the right to charge the offending guest the full amount of the loss of revenue, even after their departure.
4. unscrewing or tampering with the fire/smoke detectors is a punishable offence. In the event of an offence, the hotel is entitled to pass on the costs incurred, e.g. for a fire brigade call-out, to the guest.
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. Any loss of the sound box must be reported to the hotel immediately. If the sound box is not returned or not returned on time, the hotel is entitled to charge the guest for the costs of replacing it. The hotel hereby advises the guest that the costs for this amount to approximately € 100. The guest is at liberty to provide evidence of lower damages, the hotel of higher damages.
6. the contractual partner has no claim to the use of certain rooms. If rooms are not available in the hotel, the hotel will inform the contract partner immediately and offer an equivalent replacement in a nearby hotel of the same category. If the Contractual Partner refuses, the Hotel shall immediately reimburse the Contractual Partner for any services rendered. 7.
7. booked rooms are available to the contractual partner from 15:00 on the day of arrival. The Contractual Partner is not entitled to earlier availability.
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 customer has provided the hotel with a credit card number that allows the room price to be debited even if the customer does not arrive, the hotel has the right to reallocate the booked room after 4 pm. In this case, the customer has no claims against the hotel.
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 accommodation rate for the additional use of the room until 2.30 p.m., 80% of the accommodation rate from 3.00 p.m. and 100% of the accommodation rate (daily rate) from 5.00 p.m. onwards.
10. the hotel is entitled to refuse a customer access to the hotel and accommodation if, upon the customer's arrival, there is reasonable concern that the customer is under the influence of drugs or alcohol or is behaving abusively 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 the hotel to make careful preparations, the contract partner must inform the hotel of the final number of participants at least 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 shall only become part of the contract if the hotel agrees to this in writing. If the hotel does not agree in writing, the contract partner is not entitled to organise the event with a higher number of participants. If the hotel agrees, invoicing shall be based on the new agreement (possibly with additional expenses). The contract partner is not entitled to consent. Invoicing shall be based on the contractually agreed number of participants plus any additional persons registered. If fewer participants actually take part in the event, this shall be irrelevant for invoicing purposes.
2. if the agreed start time of the event is postponed, the hotel shall be entitled to charge the contract partner for all additional costs incurred as a result.
3. reserved rooms shall only be available to the Contractual Partner within the period agreed in writing. Any utilisation beyond this period requires the written consent of the hotel and will generally only be granted for an additional fee. The hotel reserves the right to change rooms insofar as this is reasonable for the contract partner, taking into account the interests of the hotel. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the length of the customer's stay requested by the customer dependent on an increase in the price of the rooms and/or other services to be provided by the hotel. 4.
4. for events that extend beyond 1:00 a.m., the hotel may, unless expressly agreed otherwise in writing, charge € 250 per hour or part thereof. The contract partner is liable to the hotel for additional services provided to the event participants or to third parties in connection with the event.
5. the contractual partner must obtain all official authorisations at his own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Fees payable to third parties for the event, such as GEMA fees, entertainment tax, etc., must be paid by the contractual partner directly to the creditor without delay.
6. the contract partner shall be liable for the behaviour of its employees, the event participants and other auxiliary staff in the same way as for its own behaviour. The Hotel may require the Contractual Partner to provide appropriate security (e.g. advance payments, insurance, deposits, guarantees).
7. in order to prevent damage, the attachment and installation of decorative material or other objects must be agreed with the hotel in advance. Any exhibition and other items brought along must be removed without leaving any residue after the end of the event. If the Contractual Partner fails to comply with this provision, the Hotel shall be entitled to remove and store such items at the Contractual Partner's expense. Any transport packaging, outer packaging and all other packaging materials brought in must be disposed of by the Contractual Partner at its own expense. Disposal may be subject to a charge if the Contractual Partner leaves the packaging behind after the end of the event. All items brought in during the event, such as decoration material etc., must comply with all applicable regulations.
8. the hotel does not provide insurance cover for items brought into the hotel. The conclusion of any necessary insurance is the sole responsibility of the contractual partner.
9. faults or defects in equipment provided by the hotel will be rectified insofar as this is possible for the hotel. The contract partner may not derive any claims in this connection.
10. if the contract partner brings in his own electrical equipment, the hotel management's consent is required prior to connection to the power grid. The electricity consumption incurred shall be charged according to the valid supply and labour prices as charged to the hotel by the utility company. The hotel is free to determine and charge a flat rate. Any faults or defects in the hotel's technical equipment caused by the connection shall be borne by the contract partner. 11.
11. with the consent of the hotel, the contract partner is authorised to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this. If suitable hotel equipment remains unused as a result, the hotel may charge a cancellation fee.
12. if the hotel procures technical or other equipment from third parties for the contract partner, the hotel shall act in the name and for the account of the contract partner; the latter shall be liable for the careful handling and proper return of such equipment and shall indemnify the hotel against all third-party claims upon first written request. The hotel shall not be liable for failure to procure the equipment in good time or for defects in the equipment procured.
13. the Contractual Partner may not bring food and beverages to the events. In special cases (e.g. national specialities etc.) a written agreement can be made. In such cases, a general charge will be levied less the proportionate cost of goods. In the event of non-compliance, the hotel is entitled to demand a lump-sum compensation amount per participant for the loss incurred that 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 into the hotel.
14. newspaper adverts containing invitations to job interviews or sales events require the prior written consent of the hotel. If a publication is made without consent, the hotel has the right to cancel the event.
15. any kind of advertising, information, invitations that make reference to the hotel, in particular by using the hotel name, requires the prior written consent of the hotel.
§ 5 Provision of services, prices, payments, offsetting and assignment
1. the prices of the respective services are determined according to the hotel's prices valid at the time the service is provided. All prices include 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 service provision, subsequent adjustments are no longer possible. The prices include public charges such as visitor's tax, cultural promotion tax (so-called "bed tax") and the like. Increases in VAT shall be borne by the contractual partner. If the period between the conclusion of the contract and the first contractual service exceeds 120 days, the hotel shall be entitled to increase prices by a maximum of 15%. Subsequent changes to the services may lead to price changes.
2. the hotel is entitled to demand an advance payment or security deposit of up to 100% of the total payment obligation of the contract partner upon conclusion of the contract. The amount of the advance payment and the payment dates may be stipulated in the contract. For stays of more than one week or claims of more than € 1,000 for services already rendered, the hotel may also issue interim invoices that are due for payment immediately.
3. invoices are to be paid immediately in cash, by EC or credit card. The hotel is entitled to reject foreign currency, cheques, EC and credit cards. Vouchers from tour operators will 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. the hotel's claim for payment is due immediately upon receipt of the respective invoice without deduction. An invoice shall be deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless earlier receipt can be proven. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest.
5. the issue of a total invoice does not release the customer from the obligation to pay the individual invoices on time. A delay in payment of even a single 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 amounting to up to 100% of the outstanding payment.
6. a reminder fee of €5 shall be payable for each reminder. All other collection costs incurred shall be borne by the contractual partner.
7. the contractual partner may only offset against 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 due to the Contractual Partner's own claims. Claims and other rights may only be assigned with the written consent of the hotel.
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 is not entitled in relation to the hotel to revoke this charge to his credit card company.
§ 6 Cancellation of services / reduction of services
1. reservations of the contractual partner are binding for both contractual partners after acceptance by the hotel. In the event of cancellation or reduction by the contract partner, the contract partner must pay the following compensation, 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 service period.
2. compensation 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.
3. in the event of cancellation on the day of arrival or a no-show, 100% of the accommodation price will be charged for the first night and 80% each for a maximum of two subsequent nights booked. In the event of a no-show, the entitlement to booked subsequent nights is cancelled.
4. separate cancellation deadlines apply to group reservations (5 rooms or more), which are contractually agreed in each case. if rooms have been booked individually by the same booker for the same period, the hotel is also entitled to assert separate cancellation deadlines retrospectively.
5. compensation for damages in the amount of 100% of the value of the services ordered when booking a non-cancellable rate (e.g.: Special DROP rate).
2. the contractual partner is entitled to provide evidence 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. in accordance with the statutory provisions, the hotel is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) if
1. the contract partner fails to provide a due service.
2. fulfilment of the contract is impossible due to force majeure, strike or other circumstances for which the hotel is not responsible.
3. the contractual partner provides misleading or false information about essential data.
4. the contract partner uses the name of the hotel for advertising purposes without prior written consent.
5. rooms covered by the contract are sublet in whole or in part without the written consent of the hotel.
6. the hotel has justified cause to believe that the use of the hotel's services may jeopardise the smooth operation of the hotel, its security or public reputation.
2. the hotel must inform the contract partner in writing of the exercise of the cancellation / termination without delay, at the latest within 14 days of becoming aware of the reason. The cancellation of the contract by the hotel does not justify any claims by the contract partner for damages or other compensation. The hotel's claim to compensation for damages incurred and expenses incurred by it shall remain unaffected in the event of justified cancellation of the contract.
§ 8 Liability of the hotel, items brought in, limitation period
1. the hotel shall only be liable for all statutory and contractual claims in the event of intentional or grossly negligent behaviour 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 breach of essential contractual obligations. In these cases, liability is 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 a work or in the event of fraudulently concealed defects.
4. the contract partner is obliged to report recognisable defects to the hotel immediately, at the latest on departure.
5. the statutory provisions of §§701 ff BGB apply to items brought in by the contractual partner.
6. vehicles parked on the hotel premises, even for a fee, do 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. items left behind by the contractual partner / overnight guest will only be forwarded at the request, risk and expense of the contractual partner. The hotel shall store the items for 6 months and charge a reasonable fee for this. Thereafter, the items will be handed over to the local lost property office if they have a recognisable value.
8. all claims of the contract partner against the hotel arising from or in connection with the contract shall lapse after the expiry of one year, beginning at 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 of them without gross negligence.
§ 9 Additional provisions for package travel contracts
1. if the hotel's obligation to provide services consists, in addition to the provision of board and lodging, in the organisation of a leisure programme as a paid personal service, this shall constitute a so-called package travel contract.
2. the contractual partner may not assert any claims due to changes, deviations or reductions of individual services within the framework of a package travel contract which become necessary after conclusion of the contract if they are merely insignificant.
3. if agreed and provided services are not utilised by the contractual partner, a reduction or refund of the total fee is not possible.
4. the hotel shall not be liable for damages suffered by the contract partner as a result of the utilisation 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 fulfilment and payment, place of jurisdiction, ancillary agreements, partial invalidity
1. the place of fulfilment and payment for both parties is the registered office of the hotel.
2 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. with the exception of private end consumers, the place of business 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 additions by the contractual partner are 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 one that is valid and 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 devices brought in by him; the hotel shall not be liable for damage caused by electronic devices 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 request, it acts in the name of, on behalf of and for the account of the guest. The Guest shall be liable for the careful handling and proper return of the equipment. The guest shall indemnify the hotel against all third-party claims arising from the provision of such equipment.
2. the use of the guest's own electrical equipment using the hotel's electricity network requires the hotel's consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the guest and the guest shall be liable for them, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.
3. faults in technical or other equipment provided by the hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these faults.
§ 12 Events & Tickets
1. an event (concert, musical, theatre, sports or other leisure event) may be changed, postponed or cancelled. Please inform us about cancellations, postponements
We therefore ask you to inform yourself regularly here on our website and in good time before travelling.
2. the exchange and return of tickets already purchased is generally excluded. The sale of tickets for a concert, musical, theatre, sports or other leisure event does not constitute a distance contract within the meaning of Section 312 g (2) No. 9 BGB. No replacement is possible even if the ticket is lost. Exceptions are the cancellation or postponement of an event. In this case, tickets can be returned to the advance booking office where you purchased them. If the event is relocated - within reasonable limits - the tickets remain valid. If the event is cancelled, interrupted or postponed due to circumstances for which the organiser is not responsible (e.g. force majeure), the visitor's right to withdraw from the contract is excluded. In the event of cancellation or interruption, the organiser shall reschedule the event as far and as soon as possible and reasonable. If the event is postponed or - in the event of cancellation or abandonment - rescheduled, the tickets for the replacement date of the event shall remain valid.
Hamburg, June2023
