Villa Bleichröder – Terms and Conditions
I. Scope of Application
- These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as to all other services and deliveries provided by the hotel to the customer.
- The subletting or further leasing of the rooms provided, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel.
- The customer’s terms and conditions shall only apply if they have been expressly agreed upon in writing in advance.
II. Conclusion of Contract, Limitation Period
- The contract comes into effect upon the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in writing.
- All claims against the hotel generally become time-barred one year from the commencement of the knowledge-dependent regular limitation period as per § 199 para. 1 of the German Civil Code (BGB). Claims for damages become time-barred irrespective of knowledge in five years. The shortening of limitation periods does not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.
III. Services, Prices, Payment, Set-off
- The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
- The customer is obliged to pay the hotel’s applicable or agreed prices for the room rental and other services utilized by the customer upon departure. This also applies to services and expenses incurred by the hotel for third parties at the request of the customer.
- For group bookings, security deposits must generally be provided as follows, unless otherwise agreed in writing: 80% of the total price at the conclusion of the contract. A final invoice will be issued and sent after the stay. The remaining invoice amount is due within 14 days after departure.
- The agreed prices include the applicable statutory value-added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may raise the agreed price appropriately, but by no more than 5%.
- The hotel may also change the prices if the customer subsequently requests changes in the number of booked rooms, the hotel’s services, or the length of stay of the guests, and the hotel agrees to these changes.
- Hotel invoices without a due date are payable immediately upon receipt without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% above the base rate or 5% for transactions involving a consumer. The hotel reserves the right to prove a higher damage.
- The hotel is entitled, upon conclusion of the contract or thereafter, to demand a reasonable advance payment or security deposit, considering the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract.
- The customer may only set off a claim by the hotel with an undisputed or legally binding claim.
IV. Cancellation and Number of Persons for Individual Bookings
- For individual bookings, a cancellation is possible up to 7 days before arrival without triggering payment or damage compensation claims by the hotel, unless a different contractual agreement exists, such as a non-cancellable rate, etc.
- Cancellations must always be made in writing and are only considered confirmed if confirmed in writing by the hotel. Telephone cancellations are not accepted.
- In the event of a cancellation after this deadline, the hotel is entitled to the agreed remuneration minus any expenses saved. This does not apply if the hotel has breached its duty of consideration for the rights, legal interests, and interests of the customer, thereby making adherence to the contract unreasonable for the customer or if the customer has a legal or contractual right of withdrawal. The hotel reserves the right to apply a flat rate for saved expenses.
- Therefore, the customer is obliged to make the following payments in the event of cancellation or no-show:
- From 7 days before arrival or in case of no-show: 90%
- If the customer books through a third party (e.g., hotel portals like Booking.com, HRS, Expedia, etc.), they are obliged to process changes and cancellations directly through the third party.
V. Cancellation and Number of Persons for Group Bookings
For group bookings of 8 rooms or more, the following cancellation conditions apply:
- Up to 4 weeks before arrival, the total number of room nights can be canceled free of charge (for 35 rooms or more, cancellations can be made free of charge up to 6 weeks before arrival).
- Up to 3 weeks before arrival, up to 50% of the room nights can be canceled free of charge. The remaining 50% of canceled rooms will be charged an 80% cancellation fee.
- Up to 1 week before arrival, up to 25% of the room nights can be canceled free of charge. The remaining 75% of canceled rooms will be charged an 80% cancellation fee.
- For all room nights from group bookings canceled less than 1 week before arrival, an 80% cancellation fee will be charged. Cancellations must always be made in writing and are only considered confirmed if confirmed in writing by the hotel. Telephone cancellations are not accepted. An increase in the number of persons/rooms requires the hotel’s confirmation.
VI. Hotel’s Right of Withdrawal
- If a free right of withdrawal by the customer within a certain period has been agreed upon in writing, the hotel is entitled to withdraw from the contract during this period if inquiries from other customers for the contractually booked rooms exist and the customer does not waive their right of withdrawal upon request by the hotel.
- If an agreed or demanded advance payment or security deposit as per clause III nos. 6 and 7 is not made even after a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract for justifiable cause, for example, if
- force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract;
- rooms are booked under misleading or false statements of essential facts, such as regarding the customer or the purpose;
- the hotel has reasonable grounds to believe that the use of the hotel’s services or the event may jeopardize the smooth operation of the business, the safety, or the hotel’s reputation in public, without this being attributable to the hotel’s domain or organization;
- there is a violation of clause I no. 2 above.
- In the event of a justified withdrawal by the hotel, the customer has no right to compensation.
VII. Room Availability, Delivery, and Return
- The customer has no claim to the provision of specific rooms.
- Booked rooms are available to the customer from 3:00 PM on the agreed day of arrival. The customer has no right to earlier availability.
- On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 10:30 AM. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 3:00 PM, and 100% after 3:00 PM. This does not establish contractual claims of the customer. It is free for the customer to prove that the hotel has no or a substantially lower claim to a usage fee.
- Smoking is not permitted in the entire hotel. Should smoking occur in the hotel room, the hotel reserves the right to charge €150 in damages.
- The carrying of weapons is prohibited on the entire premises. Violation will result in a ban from the property.
- The booking and provision of hotel parking spaces are subject to availability. Booked parking spaces are available from 3:00 PM on the day of arrival until 10:30 AM on the day of departure. For pre-booked parking spaces, the same cancellation conditions apply as for the rooms.
- Snacks and drinks booked before arrival are non-exchangeable.
VIII. Hotel’s Liability
- The hotel is liable with the due care of a prudent businessman for its obligations under the contract. Customer claims for damages are excluded. Exceptions are damages arising from injury to life, body, or health, if the hotel is responsible for the breach of duty, and other damages resulting from intentional or grossly negligent breach of duty by the hotel or damages resulting from intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies occur in the hotel’s services, the hotel will endeavor to provide remedy upon knowledge thereof or immediate complaint by the customer. The customer is obliged to do everything reasonable to contribute to remedying the disruption and to keep possible damage to a minimum.
- The hotel is liable to the customer for items brought into the hotel under the statutory provisions, up to one hundred times the room rate, but not more than €3,500, and for money, securities, and valuables up to €800. Money and valuables cannot be stored in the hotel safe. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction, or damage (§ 703 BGB). The provisions of no. 1 sentences 2 to 4 above apply accordingly to any further liability of the hotel.
- If a parking space in the hotel’s garage or parking lot is provided to the customer, even for a fee, this does not constitute a safekeeping agreement. In the event of loss or damage to vehicles parked or maneuvered on the hotel property and their contents, the hotel is not liable except in cases of intent or gross negligence. The provisions of no. 1 sentences 2 to 4 above apply accordingly.
- Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and packages for guests are handled with care. The hotel will take responsibility for the delivery, storage, and—upon request and for a fee—the forwarding of such items. The provisions in Section VIII.1 sentences 2 to 4 apply accordingly.
IX. Tourist Tax
Usedom levies a tourist tax, which must be paid directly at the hotel.
X. Film and Photo Shoots
Commercial photo shoots, filming, or other audiovisual recordings are only permitted with prior arrangement; different daily rates may apply. Content that is offensive or unethical, including pornography, extreme right-wing material, racist, discriminatory, sexist, satanic, violent, insulting, defamatory, damaging to business and reputation, or otherwise unacceptable content, is prohibited. The location must be left in the same condition as it was found.
XI. Final Provisions
- Amendments or supplements to the contract, the acceptance of the application, or these general terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are invalid.
- The place of performance and payment is the hotel’s location.
- The entire legal and contractual relationship between the customer and the hotel is governed exclusively by German law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict of law rules is excluded.
- For lawsuits filed by the hotel against the customer, the customer’s domicile is decisive. For lawsuits against customers, or contractual partners of the travel contract who are merchants, legal entities under public or private law, or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is unknown at the time of the lawsuit, the jurisdiction of the hotel’s location is agreed upon.
- The above provisions do not apply if and insofar as mandatory international agreements or EU regulations provide otherwise in favor of the customer.
Severability Clause
Should individual provisions of these general terms and conditions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. In the event of legal disputes, Berlin, the provider’s location, is the jurisdiction.
Berlin, March 2023
Villa Bleichröder GmbH