General Terms and Conditions of the Elysee Hotel AG Hamburg

 I. Scope

1. These terms and conditions apply to the rental of hotel rooms for accommodation purposes and to all other services and supplies provided by the hotel for its customers.

2. Any subletting of the rented rooms or their use for any purposes other than accommodation requires the advance written permission of the hotel, whereupon Section 540 Par. 1 Clause 2 of the BGB (German Civil Code) will be waived if the customer is not the user.

3. The business terms and conditions of the customer only apply if these have been formally agreed in writing in advance.

II. Conclusion of the contract, contract partners

1. The contract comes into effect through the hotel's acceptance of the customer's request. The hotel is at liberty to choose whether to confirm the room reservation in writing.

2. The contract partners are the hotel and the customer. If a third party makes the reservation on behalf of the customer (as a guest) or the customer makes the reservation on behalf of a third party (as a guest) the third party together with the customer are liable for all obligations arising out of the hotel agreement, provided that the hotel has a corresponding declaration to that effect from the third party. The customer is liable for any services of the hotel used by the third party (as a guest) where these services fall within the remit of the contract, unless the service used is so unusual in its manner or scope that any authorisation by the customer is clearly out of the question..

III. Services, Prices, Payment

1. The hotel is obliged to keep the room reserved by the customer ready and to provide any agreed services.

2. The customer is obliged to pay for the cost of the room and for any further services used at the applicable or agreed prices. This also applies to services provided and expenses incurred by the hotel through a third party. 

3. The agreed prices include the relevant VAT costs. Should the period between the conclusion of the contract and the fulfilment of the contract exceed 4 months and should the price charged by the hotel for these kinds of services have increased in that time, the contractually agreed price may be adjusted accordingly, but only by a maximum of 5%.

4. At and following the conclusion of the contract the hotel is entitled to demand prepayment and/or a suitable deposit, due at the latest 4 weeks before the agreed start of the service. A suitable level in this context is 20% of the full cost of the services with at least a further 70% from 4 weeks before the agreed start of the service. If the customer is not resident in Germany the hotel may ask for the full price as prepayment or as a deposit.

5. If the sum of any future claims for payment by the hotel for services already performed exceeds the sum of € 250.00 or if services are used for a period of over one week, the hotel may request payment for the accrued sums in the form of interim payments.

IV. Cancellation by the customer
(i.e. all forms of cancellation/no show)

1. Any withdrawal from the contract requires the written permission of the hotel. If this permission is not provided the agreed price contained within the contract must be paid even if the customer does not use the services detailed in that contract. This does not apply when the hotel fails in its obligation to consider the rights or interests of the customer where the latter can no longer be expected to abide by the contract or has any other legal or contractual right to demand cancellation.

2. Where a date for a cost-free withdrawal from the contract has been agreed in writing between the hotel and the customer the customer can withdraw up to that point without incurring pecuniary claims or damages on the part of the hotel. The customer's right of withdrawal is no longer valid if he does not exercise his right to withdraw in writing by the agreed date, in accordance with No. 1 Clause 3. When rooms reserved by the customer are not used the hotel must allow for the income from other rental of the room as well as the costs spared. The hotel is at liberty to demand the contractually agreed fee and to make an appropriate deduction for saved costs. In this case the customer is obliged to pay a minimum of 80% of the agreed contractual price for overnight accommodation with or without breakfast, 70% for half board and 60% for full board arrangements.

3. The customer is at liberty to prove that the afore-mentioned claim did or did not amount to the sum demanded.

V. Cancellation on the part of the hotel

1. Where a free right to withdrawal from the contract on the part of the customer within an agreed time period has been agreed in writing, in this period the hotel is equally within its rights to withdraw from the contract if other customers wish to use the contractually reserved rooms and the customer will not relinquish his right of withdrawal from the contract. If the prepayment/deposit agreed or demanded in accordance with the afore-mentioned Clause III. No. 4 is not forthcoming even after the hotel has offered a suitable time extension, the hotel is also entitled to withdraw from the contract.

2. In exceptional circumstances the hotel is also entitled to withdraw from the contract for legally justifiable reasons, eg.

• Acts of God or other circumstances out of the control of the hotel that make it impossible for the contract to be fulfilled;
• rooms booked under the provision of misleading or false information e.g. in the person or purpose of the customer;
• the hotel has reason to believe that the fulfilment of the hotel service could endanger the smooth operation, security or public image of the hotel, without this being the fault of the ownership or management of the hotel;
• any violation of the afore-mentioned Clause I. No. 2.

In the case of a legitimate withdrawal from the contract the customer is not entitled to claim compensation.

VI. Room availability, handover and return

1. The customer does not acquire the right to the availability of the agreed room. Reserved rooms are available to the customer from 2pm on the agreed arrival day. Reserved rooms are held until at least 4pm on the agreed arrival day.
Should the customer or guest not appear by 4pm and not have announced a late arrival time the hotel is entitled to give the reserved room to another customer.

2. The customer has no right to earlier availability of the room.

3.On the agreed departure day the rooms of the hotel must be cleared and vacated by 12pm at the latest. In the case of a late departure the hotel can charge 50% of the full accommodation price (list price) for the excess use up to 6pm and 100% of the full accommodation price after 6pm. This cannot be seen as justifying contractual claims on the part of the customer. The customer is at liberty to prove that the hotel did not incur any costs or has a significantly lower claim to compensation.

4. Upon agreeing the rental of a quota of rooms the rooms contained within the agreement are in principle subject to a binding reservation. Both parties to the contract are entitled to reduce or cancel in writing the number of rooms agreed to the other party by an agreed cancellation date.

VII. Liability of the hotel

1. The hotel is liable with all due diligence for its obligations within the contract. The customer may not claim compensation except in the case of those damages to life, limb or health where the hotel can be shown to be in breach of duty or other damages that are due to a deliberate or grossly negligent breach of the obligations normally contained in such a contract. Any violation of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should any disturbances or deficiencies affect the services of the hotel, the hotel is obliged to take corrective action upon being informed of them or at the behest of the customer. The customer is obliged to do all in his power to correct the fault and to keep any damage to a minimum.

2. The hotel guarantees personal items brought by the customer according to legal requirements (up to 100 times the room rate) up to a maximum of €3500, and up to €800 for money, securities and valuables. Money, securities and valuables up to a maximum value of €20,000 can be kept in the hotel safe or up to a value of €5,113 in the room safe. The hotel strongly recommends that customers make use of this facility. The liability claims are no longer valid if the customer does not immediately inform the hotel upon realisation of any loss, disturbance or damage (Section 703 BGB - German Civil Code). No. 1 Clauses 2 to 4 apply accordingly.

3. Should the customer park in the hotel garage or on a hotel parking space, even if this service is paid for, this does not represent a contract of safe custody. Should there be any theft or damage of any vehicle parked on the hotel property, the hotel cannot be held responsible except in the case of deliberate or gross negligence. No. 1 Clauses 2 to 4 apply accordingly. There is no security patrol.

4. Wake-up calls are carried out by the hotel with great care. Messages, post and deliveries for the guests are also handled for guests with great care. In every case the hotel will notify, save and - where required - forward such items for a fee. The hotel cannot assume liability in these cases, No. 1 Clauses 2 to 4 apply accordingly.

VIII. Final provisions

The place of performance and payment is the registered office of the hotel. The sole court of jurisdiction for commercial activities is that of the registered office of the hotel. Should one partner of the contract satisfy the condition of Section 38 Para. 3 ZPO (Code of Civil Procedure) and have no general court of jurisdiction within Germany the court of jurisdiction will be that of the registered office of the hotel. German law applies. There can be no application of UN CISG or conflict of laws. If any individual clauses of these terms and conditions for the use of the hotel are or become ineffective or null and void this does not affect the validity of the remaining clauses. Furthermore, all legal regulations apply.

General terms and conditions for function rooms and associated services of the Elysée Hotel AG Hamburg.