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GTC

  1. Scope of application
    1. These terms and conditions apply to contracts for the rental of rooms of SHZ KG for temporary accommodation, as well as all other services and deliveries provided by SHZ KG for the orderer/customer. They do not apply if the accommodation is arranged by a third party and this third party uses its own terms and conditions and these are included by virtue of the agency agreement.
    2. The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of SHZ KG, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the guest is not a consumer.
    3. Terms and conditions of the purchaser/customer shall only apply if this has been expressly agreed in writing in advance and these have been submitted to SHZ KG in writing by the user of the GTC.
  2. Conclusion of contract, contract partner; limitation period
    1. The contract is concluded upon acceptance of the orderer's/customer's application by SHZ KG. SHZ KG is free to confirm the room booking in writing.
    2. The contractual partners are SHZ KG and the orderer/customer. If a third party has ordered for the orderer/customer, he is liable to SHZ KG together with the orderer/customer as joint debtor for all obligations arising from the contract, provided that SHZ KG has received a corresponding order from the third party.
    3. All claims against SHZ KG are generally subject to a limitation period of one year from the beginning of the regular limitation period of § 199 para. 1 BGB (German Civil Code). Claims for damages become statute-barred after five years regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by SHZ KG, its contractual partners and their respective employees.
  3. Services, prices, payment, offsetting
    1. SHZ KG is obliged to keep the rooms booked by the purchaser/customer available and to provide the agreed services.
    2. The orderer/customer is obliged to pay the applicable or agreed prices of SHZ KG for the room rental and the other services utilised by him. This also applies to services and expenses of SHZ KG to third parties (e.g. flowers) arranged by the orderer/customer.
    3. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by SHZ KG for such services increases, SHZ KG may increase the contractually agreed price appropriately, but by no more than 5%.
    4. The prices can also be changed by SHZ KG if the orderer/customer subsequently wishes to change the number of rooms booked, the other services provided by SHZ KG or the length of stay of the orderer/customer and SHZ KG agrees to this contractual change in writing.
    5. Invoices of SHZ KG are payable immediately upon receipt of the invoice without deduction. SHZ KG is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, SHZ KG is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. SHZ KG reserves the right to prove higher damages.
    6. SHZ KG is entitled to demand an appropriate advance payment or security deposit from the orderer/customer upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
    7. The orderer/customer can only offset or reduce a claim of SHZ KG with an undisputed or legally binding claim.
    8. Out of consideration for other guests, pets are only allowed on request and for an additional charge.
  4. Withdrawal of the orderer/customer (i.e. cancellation) / non-utilisation of the services of SHZ KG
    1. Cancellation by the purchaser/customer of the contract concluded with SHZ KG requires the written consent of SHZ KG. If this is not given, the agreed price from the contract must be paid even if the customer does not utilise contractual services or does not utilise them in full. This does not apply in the event of a breach of SHZ KG's obligation to take into account the rights, legal interests and interests of the purchaser/customer, if the latter can no longer reasonably be expected to adhere to the contract or if the purchaser/customer is entitled to any other statutory or contractual right of cancellation.
    2. If SHZ KG and the orderer/customer have agreed in writing on a date for a cost-free cancellation of the contract, the orderer/customer may cancel the contract up to the agreed date without triggering payment or damage compensation claims by SHZ KG. The right of cancellation of the orderer/customer expires if he does not exercise his right of cancellation in writing towards SHZ KG by the agreed date, unless there is a case of cancellation of the orderer/customer according to number 1 sentence 3.
    3. In the case of rooms not utilised by the purchaser/customer, SHZ KG shall offset the income from renting the rooms to other parties as well as the expenses saved.
    4. SHZ KG is free to demand the contractually agreed remuneration and to make a lump sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The orderer/customer is at liberty to prove that the above-mentioned claim has not arisen or has not arisen in the amount demanded.
  5. Resignation of SHZ KG
    1. If a free right of cancellation of the orderer/customer within a certain period has been agreed in writing, SHZ KG is entitled for its part to withdraw from the contract during this period if there are enquiries from other orderers/customers for the contractually booked rooms and the customer does not waive his right of cancellation upon enquiry by SHZ KG.
    2. If an agreed advance payment or an advance payment demanded according to clause III No. 6 above is not made even after a reasonable grace period set by SHZ KG has expired, SHZ KG is entitled to withdraw from the contract.
    3. Furthermore, SHZ KG is entitled to withdraw from the contract for objectively justified reasons, for example if
      • force majeure or other circumstances for which SHZ KG is not responsible make the fulfilment of the contract impossible;
      • rooms are booked under misleading or false statements of material facts, e.g. in the person of the orderer/customer or the purpose;
      • SHZ KG has reasonable grounds to assume that the use of the service may jeopardise the smooth business operations, safety or public reputation of SHZ KG, without this being attributable to SHZ KG's sphere of control or organisation;
      • there is a breach of clause I no. 2 above.
    4. In the event of justified cancellation by SHZ KG, the purchaser/customer shall not be entitled to compensation.
  6. Room provision, handover and return
    1. The customer does not acquire any entitlement to the provision of specific rooms.
    2. Booked rooms are available to the orderer/customer from 3.00 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.
    3. On the agreed day of departure, the rooms must be vacated and made available to SHZ KG by 10.00 a.m. at the latest. Thereafter, SHZ KG may charge the orderer/customer 50% of the full accommodation price (list price) for each additional day of late return if the room is not returned by 6.00 p.m., and 100% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the orderer/customer. He is at liberty to prove that SHZ KG has no or a significantly lower claim to a usage fee.
  7. Liability of SHZ KG
    1. SHZ KG is liable for its obligations arising from the contract with the diligence of a prudent businessman. Claims of the purchaser/customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if SHZ KG is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by SHZ KG and damages based on an intentional or negligent breach of duties typical for the contract by SHZ KG. A breach of duty by SHZ KG is equivalent to a breach of duty by a legal representative or vicarious agent. Should disruptions or defects in the services of SHZ KG occur, SHZ KG will endeavour to remedy the situation upon knowledge thereof or upon immediate complaint by the orderer/customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.
    2. SHZ KG is liable to the orderer/customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables up to a maximum value of € 10,000 can be stored in the safe of SHZ KG or up to a maximum value of € 767 in the room safe. SHZ KG recommends making use of this option. Liability claims expire if the customer does not notify SHZ KG immediately after gaining knowledge of the loss, destruction or damage (§ 703 BGB). For any further liability of SHZ KG, the above number 1 sentences 2 to 4 apply accordingly.
    3. Insofar as a parking space is made available to the purchaser/customer in the car park, this does not constitute a safekeeping agreement. SHZ KG is not liable for loss of or damage to motor vehicles parked or manoeuvred on the property and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
    4. Wake-up calls are carried out by SHZ KG with the utmost care. Messages, post and consignments of goods for guests are handled with care. SHZ KG will deliver, store and - on request - forward them for a fee. The above number 1 sentences 2 to 4 apply accordingly.
  8. Final provisions
    1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions must be made in writing. Unilateral amendments or additions by the purchaser/customer are invalid.
    2. The place of fulfilment and payment is the registered office of SHZ KG, Ludorf - OT Zielow.
    3. The exclusive place of jurisdiction - also for cheque and bill of exchange disputes - in commercial transactions is the registered office of SHZ KG. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of SHZ KG.
    4. 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.
    5. 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. In all other respects, the statutory provisions shall apply.
  9. Mandatory information according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council:
    • Link to the homepage of the European Commission's entity for online dispute resolution for consumer disputes: http://ec.europa.eu/consumers/odr/ - Further information is available under this link. If you have any initial questions about a possible dispute resolution, please contact us at info@seehotel-zielow.de.
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