AGB's

I. Scope of application

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes and to all other services and deliveries provided by the hotel for the customer.
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
3. The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II Conclusion of contract, statute of limitations

1. The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is at liberty to confirm the room booking in writing.
2. All claims against the hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages are subject to a limitation period of five years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III Services, prices, payment, offsetting

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the hotel’s applicable or agreed prices for the room rental and other services used by the customer upon departure. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. In the case of group bookings, unless otherwise agreed in writing, security deposits must be provided as follows: 80% of the total price upon conclusion of the contract. A final total invoice will be issued and sent after the stay. The remaining invoice amount is due within 14 days of departure.
4. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 5%.
5. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the length of the guests’ stay and the hotel agrees to this.
6. Hotel invoices without a due date are payable without deduction upon commencement of performance. The hotel is entitled to declare accrued receivables 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% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.
7. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
8. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

IV. Cancellation and number of persons for individual bookings

1. In the case of individual bookings, a withdrawal is possible up to 7 days before arrival without triggering payment or compensation claims by the hotel, unless there is a contractual provision to the contrary, e.g. non-cancellable rate or similar.
2. Cancellations must always be made in writing and are only considered confirmed if this has been done in writing by the hotel. Cancellations by telephone will not be accepted.
3. In the event of withdrawal after this period, the hotel shall be entitled to the contractually agreed remuneration less the expenses saved. This shall not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of withdrawal. The hotel makes use of its right to make a lump-sum deduction for saved expenses.
4. The customer is therefore obliged to make the following payments in the event of cancellation or no-show:
   – From 7 days before arrival or in the event of no-show: 90%
5. If the customer books via a third-party provider (e.g. hotel portals such as Booking.com, HRS, Expedia or similar), they are obliged to make changes and cancel directly via this provider.

V. Cancellation and number of persons for group bookings

For group bookings of 8 rooms or more, the following cancellation conditions apply:

• The full number of room nights can be canceled free of charge up to 4 weeks before arrival (35 rooms or more can be canceled free of charge up to 6 weeks before arrival).
• Up to 50% of the room nights can be canceled free of charge up to 3 weeks before arrival.
  The remaining 50% of the canceled rooms will be charged with an 80% cancellation fee.
• Up to 25% of the room nights can be canceled free of charge up to 1 week before arrival.
  The remaining 75% of the canceled rooms will be charged with an 80% cancellation fee.
• For all room nights from group bookings that are 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 this has been done in writing by the hotel. Cancellations by telephone will not be accepted.

An increase in the number of persons/number of rooms requires confirmation from the hotel.

VI Cancellation by the hotel

1. If the customer’s right to withdraw free of charge within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel.
2. If an agreed advance payment or an advance payment demanded in accordance with Clause III Nos. 6 and 7 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to rescind the contract extraordinarily
   for objectively justified reasons, for example if
   – force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
   – hotel rooms are booked with misleading or false information regarding material facts, e.g. in the person of the customer or the purpose;
   – the hotel has justified cause to believe that the use of the hotel services or the event may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
   – there is a breach of Clause I No. 2 above.
4. In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.

VII 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 customer from 3 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 the hotel by 10.30 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room until 3 p.m., and 100% from 3 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.
4. Smoking is not permitted anywhere in the hotel. If smoking is permitted in the hotel room, the hotel reserves the right to charge €150 compensation.
5. Weapons may not be carried anywhere on the premises. Non-compliance will result in a ban from the premises.
6. The booking and provision of hotel parking spaces is subject to availability. The booked parking spaces are available from 3 p.m. on the day of arrival until 10.30 a.m. on the day of departure. For pre-booked parking spaces, the same cancellation conditions apply as for the rooms.
7. Snacks and drinks booked in the room before arrival cannot be exchanged.

VIII. Liability of the hotel

1. The hotel shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
2. The hotel is liable to the 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 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 above number 1 sentences 2 to 4 apply accordingly to any further liability of the hotel.
3. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee
   , this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel 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 the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and – on request – forward them for a fee. The above number 1 sentences 2 to 4 apply accordingly.

IX. Tourist tax

Usedom charges a visitor’s tax, which is payable directly at the hotel.

X. Film and photo recordings

Commercial photo productions, filming or other image and sound recordings are only permitted by prior arrangement – other daily rates may be charged. Infringing and unethical contributions containing pornographic, right-wing extremist, racist, discriminatory, sexist, satanic, violence-glorifying, insulting, defamatory, business and reputation-damaging or otherwise unacceptable content are prohibited. The location must be left as it was found.

XI Final provisions

1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
2. The place of performance and payment is the hotel’s registered office.
3. The entire legal and contractual relationship between the customer and the hotel shall be governed exclusively by German law. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
4. The customer’s place of residence shall be decisive for legal action by the hotel against the customer. For legal actions 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 not known at the time the action is filed, the place of jurisdiction shall be the registered office of the hotel.
5. The above provisions shall not apply if and insofar as international agreements or provisions of the EU stipulate otherwise in favor of the customer.

Severability clause

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In the event of legal disputes, Berlin, the place of jurisdiction of the provider, shall be decisive.

Berlin, March 2023
Villa Bleichröder GmbH