Terms and Conditions for Hotel Zingst

General Terms and Conditions for Hotel Accommodation Contracts (AGBH)

I. Scope

These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging, as well as to all other services and goods provided by the hotel (hereinafter referred to as the “Hotel”) to the customer.
Subletting or subleasing the rooms provided, as well as using them for purposes other than lodging, requires the hotel’s prior written consent; in this regard, Section 540(1), second sentence, of the German Civil Code (BGB) is waived to the extent that the customer is not a consumer.
The customer's terms and conditions apply only if this has been expressly agreed to in writing in advance.
In addition, the additional terms and conditions agreed upon at the time the contract was concluded shall take precedence.

II. Conclusion of the Contract, Contracting Parties, Statute of Limitations

The contract is formed when the hotel accepts the customer's request. The hotel may, at its discretion, confirm the room reservation in writing.
The contracting parties are the hotel and the guest. If a third party has made a reservation on behalf of the guest, that third party is jointly and severally liable with the guest to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding statement from the third party.
All claims against the hotel generally become time-barred one year after the start of the statutory limitation period. Claims for damages become time-barred after five years, regardless of whether the hotel was aware of them. The shortened limitation periods do not apply to claims arising from an intentional or grossly negligent breach of duty by the hotel.

III. Services, Prices, Payment, Setoff

The hotel is obligated to keep the rooms booked by the guest available and to provide the agreed-upon services.
The guest is obligated to pay the hotel’s agreed-upon or applicable rates for the use of the room and any additional services the guest has utilized. This also applies to services requested by the guest and expenses incurred by the hotel on behalf of third parties. The agreed-upon rates include the applicable sales tax.
The hotel may make its consent to a subsequent reduction requested by the guest in the number of rooms booked, the hotel’s services, or the length of the guest’s stay contingent upon an increase in the price of the rooms and/or the hotel’s other services.
Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel may at any time demand immediate payment of any outstanding amounts from the guest. In the event of late payment, the hotel is entitled to charge interest at a rate of 8%—or, in the case of legal transactions involving a consumer, 5%—above the base interest rate. The hotel reserves the right to prove that it has suffered greater damages.
The hotel is entitled to require the customer to make a reasonable advance payment or provide security upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
In justified cases, such as when the customer is in arrears, the hotel is entitled—even after the contract has been concluded and up until the start of the customer’s stay—to demand an advance payment or security deposit as defined in Section 5 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon amount.
The hotel is also entitled, at the beginning of and during the guest’s stay, to require the guest to make a reasonable advance payment or provide security, as defined in Section 5 above, for existing and future claims arising from the contract, unless such payment or security has already been provided in accordance with Sections 6 or 7 above.
The customer may only set off, reduce, or exercise a right of retention against a claim by the hotel if the customer has an undisputed or final and binding claim.
Pets may be brought to the hotel only with the hotel's prior consent and, if applicable, for a fee.

IV. Customer Withdrawal (i.e., Cancellation)/Failure to Use the Hotel’s Services (NO SHOW)

The customer’s cancellation of the contract concluded with the hotel requires the hotel’s consent, which must be provided at least in writing. If such consent is not granted, the agreed-upon price under the contract must be paid even if the customer does not make use of the contractual services. In this case, the corresponding invoice will be issued showing sales tax. If the hotel grants written consent to the customer’s cancellation on the condition that the customer must pay compensation for the unused rooms, the corresponding invoice will be issued without showing sales tax. This is subject to any changes in the administrative instructions of the tax authorities. The provisions of the preceding paragraph do not apply in the event of a breach by the hotel of its obligation to respect the customer’s rights, legal interests, and interests, if the customer can no longer reasonably be expected to remain bound by the contract as a result, or if the customer is entitled to any other statutory or contractual right of withdrawal.
Provided that a deadline for withdrawing from the contract has been agreed upon in writing between the hotel and the customer, the customer may withdraw from the contract by that date without triggering any claims for payment or damages by the hotel. The customer’s right to withdraw expires if the customer does not exercise this right in writing with the hotel by the agreed-upon date, unless a case for withdrawal under Clause IV, Section 1, Sentence 6 applies.
In the case of rooms not used by the guest, the hotel must offset the revenue from renting the rooms to other guests as well as the expenses saved. If the rooms are not rented to other guests, the hotel may demand the contractually agreed-upon compensation and apply a flat-rate deduction for the hotel’s saved expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed-upon price for overnight stays with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise in the amount claimed.

V. Cancellation by the Hotel

If it has been agreed in writing that the customer may cancel the contract free of charge within a specified period, the hotel is, for its part, entitled to cancel the contract during that period if it receives inquiries from other customers regarding the rooms booked under the contract and the customer does not waive his or her right to cancel upon the hotel’s request.
If an agreed advance payment or security deposit—or one required above in accordance with Section III, items 6 and/or 7—is not provided, the hotel is also entitled to terminate the contract.
Furthermore, the hotel is entitled to terminate the contract for cause for objectively justified reasons, for example, if
force majeure or other circumstances beyond the hotel's control render performance of the contract impossible;
Rooms are booked based on misleading or false information regarding material facts, such as the customer’s identity or the purpose of their stay;
the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational authority;
there has been a violation of Section I, Item 2 above.
If the hotel terminates the contract for valid reasons, the customer is not entitled to compensation.
The hotel may prohibit unauthorized job interviews, sales events, and similar activities, or may demand that they be terminated. Newspaper advertisements containing invitations to job interviews or sales events, as well as any type of advertising, information, or invitation related to the hotel (e.g., through the use of the hotel’s name), require the hotel’s prior written consent.
If, in the event of a cancellation pursuant to items 2 and 3 above, the hotel is entitled to claim damages from the customer, the hotel may calculate the claim as a lump sum. Clause IV, No. 3, sentences 2 and 3 apply accordingly in this case. In such cases, the customer retains the right to prove that no damage, or only minor damage, was incurred.

VI. Room Assignment, Handover, and Return

The customer has no right to be assigned specific rooms.
Reserved rooms are available to the guest starting at 3:00 p.m. on the agreed-upon arrival date. The guest has no right to earlier check-in. Unless a later arrival time has been expressly agreed upon or the room in question has been prepaid, the hotel has the right to reassign booked rooms after 6:00 p.m., without the guest being entitled to any claim against the hotel as a result. The hotel’s claims under Clause IV remain unaffected by this provision.
On the agreed-upon departure date, guests must vacate their rooms and make them available to the hotel by 11:00 a.m. at the latest. After that time, due to the delayed vacating of the room, the hotel may charge 50% of the full room rate (list price) for use of the room beyond the terms of the contract until 6:00 p.m., and 100% after 6:00 p.m. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel incurred no claim for usage fees or a significantly lower claim.

VII. Hotel Liability

The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims by the guest for damages are excluded. This does not apply to damages resulting from injury to life, limb, or health if the hotel is responsible for the breach of duty, or to other damages resulting from an intentional or grossly negligent breach of duty by the hotel. A breach of duty by a legal representative or vicarious agent of the hotel shall be treated as equivalent to a breach by the hotel itself. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy the situation upon becoming aware of them or upon receiving an immediate complaint from the customer. The guest is obligated to make a reasonable effort to help resolve the disruption and minimize any potential damage. If the guest culpably fails to report a defect to the hotel, the guest shall not be entitled to a reduction in the contractually agreed-upon fee.
The hotel is liable to the guest for items brought onto the premises in accordance with statutory provisions, up to one hundred times the room rate, with a maximum of €3,500, and for cash, securities, and valuables up to €800. Cash, securities, and valuables may be stored in the hotel or room safe up to a maximum value of €7,500. The hotel recommends taking advantage of this option. Liability claims expire unless the guest immediately notifies the hotel upon becoming aware of any loss, destruction, or damage (Section 703 of the German Civil Code (BGB)). Liability applies only if the rooms or containers in which the items were left were locked.
If the customer is provided with a parking space in the hotel garage or in a hotel parking lot—even for a fee—this does not constitute a contract of safekeeping. The hotel is not liable for the loss of or damage to motor vehicles parked or maneuvered on the hotel premises or to their contents, except in cases of willful misconduct or gross negligence. This also applies to the hotel’s vicarious agents. The second through fourth sentences of Section I above apply accordingly.
Wake-up calls are handled by the hotel with the utmost care. Messages, mail, and packages for guests are handled with care. The hotel will deliver, store, and—upon request and for a fee—forward such items. The second through fourth sentences of paragraph 1 above apply accordingly.
Items left behind by the guest will be forwarded only upon request, at the guest’s risk and expense. The hotel will hold the items for three months; after that, if they have any apparent value, they will be turned over to the local lost and found office. If they have no apparent value, the hotel reserves the right to dispose of them after the three-month period has expired.

VIII. Additional Provisions for Package Tour Contracts

If the hotel’s obligation to provide services includes not only room and board but also the organization of a recreational program as a service provided for a fee, this constitutes a package tour contract.
The contracting party may not assert any claims regarding changes, deviations, or reductions in individual services under a package tour contract that become necessary after the contract is concluded, provided that such changes, deviations, or reductions are merely insignificant.
In the case of arranged services (not a package tour), the hotel is not liable for the provision of services by third-party service providers or transportation companies, but is liable only for the proper arrangement of the travel service and for the proper transmission of the service provider’s information to the participant.
In the case of a package tour, the hotel’s liability for damages other than bodily injury is limited to three times the tour price, provided that the damage suffered by the contracting party was not caused by willful misconduct or gross negligence and provided that the hotel is liable for damage incurred by the contracting party solely due to the fault of a service provider.

IX. Supplementary Special Provisions Due to COVID-19, Pandemic Situations, and Force Majeure

If, due to regulations, general orders, or administrative acts intended to combat or prevent the spread of the SARS-CoV-2 virus (“Coronavirus”) or similar serious reasons of force majeure (external circumstances beyond the hotel’s control), the hotel cannot operate in whole or in part and the guest cannot avail themselves of the corresponding services, this shall not constitute a breach of duty for which the hotel is responsible. This applies regardless of when the regulation, general order, or administrative act was issued.
In the event that the hotel is prevented from fulfilling its contractual obligations for the reasons specified in Section 1, the hotel is entitled, without liability for damages, to adjust its hotel services in accordance with the applicable legal framework.
If hotel operations are prohibited in their entirety, the hotel is entitled to offer the guest an alternative travel date. If the parties cannot agree on an alternative travel date, both parties are entitled to withdraw from the contract in question by providing written notice. In this case, the hotel retains the right to 50% of the payment for the booked services.
During the guest’s stay, the hotel reserves the right to require the guest to comply with applicable COVID-19 regulations (as set forth in applicable general orders, ordinances, or laws, or in the hotel’s own hygiene policy) and to verify such compliance. In the event of repeated and willful violations of the applicable COVID-19 regulations, the hotel has the right, to protect other guests and employees, to terminate the lodging agreement with immediate effect and to demand and enforce the guests’ departure. The hotel’s claim for payment of the booked lodging services remains valid.

X. Final Provisions

Any amendments or additions to the contract, the acceptance of the reservation, or these Terms and Conditions for Hotel Accommodations must be made in writing. Unilateral amendments or additions made by the customer are invalid.
The place of performance and payment is the hotel's registered office.
The exclusive venue for litigation—including disputes involving checks and bills of exchange—in commercial transactions is Aachen. If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general venue for litigation within Germany, the venue shall be the hotel’s place of business.
German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded.
Should any provision of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The same applies in the event of an unintended omission. In all other respects, the statutory provisions shall apply.