Terms & Conditions

(Constituted in January 2017)

I. Scope

  1. Those terms and conditions are valid for all contracts about the rental provision of hotel rooms and apartments for lodging, as well as for all other services and deliveries for the customer by the Strandhotel Ostseeblick GmbH & Co KG.
  2. The subleasing of the provided rooms as well as their utilisation for other purposes than lodging require a written approval by the Strandhotel Ostseeblick GmbH & Co KG in advance, whereby § 540 paragraph 1 clause 2 German Civil Code is contracted out, so far, the customer is not the consumer.
  3. Terms and conditions of the customer only apply, when it was agreed on in written form in advance.

II. Conclusion of contract, contracting parties, limitation period

  1. The contract enters into force by the acceptance of the customers request by the Strandhotel Ostseeblick GmbH & Co KG. The Strandhotel Ostseeblick GmbH & Co KG is at liberty to confirm the reservation in written form.
  2. Contracting parties are the Strandhotel Ostseeblick GmbH & Co KG and the customer. If a third party ordered for the customer, this third party bears, together with the customer, liability towards the Strandhotel Ostseeblick GmbH & Co KG as joint debtor for all obligations from the hotel agreement, if the Strandhotel Ostseeblick GmbH & Co KG was provided with a corresponding declaration of the third party.
  3. All claims against the Strandhotel Ostseeblick GmbH & Co KG basically become time-barred in one year after the start of the awareness-dependent regular prescription period of the § 199 paragraph 1 German Civil Code. Claims for damages become time-barred awareness-independent in five years. The shortening of the limitation period does not apply on demands which are based on an intentional or a grossly negligent breach of duty by the Strandhotel Ostseeblick GmbH & Co KG.

III. Services, prices, payments, offset

  1. The Strandhotel Ostseeblick GmbH & Co KG is obligated to hold the rooms ready that the guest booked and to deliver the agreed upon services.
  2. The customer is obligated to pay the agreed upon effective prices of the Strandhotel Ostseeblick GmbH & Co KG for the provided hotel rooms and the further made use of services. This also applies on services occasioned by the customer and outlays by the Strandhotel Ostseeblick GmbH & Co KG to third parties.
  3. The agreed upon prices include the particular legal sales tax. Does the time span between conclusion of the contract and performance of the contract exceed four months and does the price for such service by the Strandhotel Ostseeblick GmbH & Co KG increase, the Strandhotel Ostseeblick GmbH & Co KG can increase the in the contract agreed upon price suitably, but not by more than 5%.
  4. The prices can furthermore be changed by the Strandhotel Ostseeblick GmbH & Co KG if the customer wishes changes in the number of booked rooms, the services by the Strandhotel Ostseeblick GmbH & Co KG or the duration of the stay and the Strandhotel Ostseeblick GmbH & Co KG agrees on the changes.
  5. Invoices of the Strandhotel Ostseeblick GmbH & Co KG without payment date are payable within 10 days from accessing the bill, without deduction. The Strandhotel Ostseeblick GmbH & Co KG is entitled to declare accrued receivables due at any time and to demand immediate payments. In the case of default, the hotel is entitled to demand the legally valid default interest of currently 8% for legal transaction, in which the consumer takes part, in the amount of 5% above the base interest. The proof of a higher damages remains reserved to the Strandhotel Ostseeblick GmbH & Co KG.
  6. When the contract is concluded or afterwards, the Strandhotel Ostseeblick GmbH & Co KG is entitled to demand an adequate advance payment or security under legal provisions on packaged tours. The amount of the advanced payment and the payment dates can be agreed upon in the written contract.
  7. The customer can only count up or reduce against a claim of the Strandhotel Ostseeblick GmbH & Co KG with an indisputable or legal claim.

IV. Rescission by the customer (i.e. cancellation) / non-utilisation of the services of the Strandhotel Ostseeblick GmbH & Co KG

  1. A rescission by the customer from a contract made with the Strandhotel Ostseeblick GmbH & Co KG requires a written agreement by the Strandhotel Ostseeblick GmbH & Co KG. If this agreement is not made, the agreed upon price in the contract also has to be paid if the customer did not make use of the contractual services. This does not apply on breach of obligations of the Strandhotel Ostseeblick GmbH & Co. KG to consider rights, legal assets and interests of the customer, if an adhering to the contract is as a result no longer reasonable or the customer is entitled to any other legal or contractual right of withdrawal.
  2. If a date for a free rescission from the contact has been agreed upon in written form between the Strandhotel Ostseeblick GmbH & Co KG and the customer, the customer can recede from the contract without causing claims for damages or payment claims of the Strandhotel Ostseeblick GmbH & Co KG. The right of withdrawal of the customer expires if the customer does not exercise his right of withdrawal towards the Strandhotel Ostseeblick GmbH & Co KG in written form, in case it is not a case of rescission of the customer according to number 1 clause 3.
  3. If the customer is not making use of the rooms, the Ostseeblick GmbH & Co KG has to credit the incomes by other leasing of the rooms, as well as the saved outlays.
  4. The Strandhotel Ostseeblick GmbH & Co KG is at liberty to demand the contractual agreed upon compensation and to estimate the deduction of saved outlays. In this case, the customer is obligated to pay a minimum of 80% of the contractual agreed price for lodging with or without breakfast and 70% for half-board arrangements.

The proof remains to the customer that the above-mentioned claim did not occur at all or not in the demanded amount.

V. Rescission of the Strandhotel Ostseeblick GmbH & Co KG

  1. If a free right of withdrawal of the customer was agreed upon in written form within a determined period, the Strandhotel Ostseeblick GmbH & Co KG is on his part entitled to recess from the contract, if the request of other customers for the contractual booked rooms are there and the customer after further inquiry of the Strandhotel Ostseeblick GmbH & Co KG is not waiving his right of withdrawal.
  2. Is an agreed upon or above mentioned demanded advance payment according to clause III number 3 not made, even after expiring of suitable grace period set by the Strandhotel Ostseeblick GmbH & Co KG, the Ostseeblick GmbH & Co KG is also entitled to recess the contract.
  3. Further, the Strandhotel Ostseeblick GmbH & Co KG is entitled to recess from the contract upon objectively justifiable reason, for example if a higher power or other for the Strandhotel Ostseeblick GmbH & Co KG not justifiable circumstances make the performance of the contract impossible; rooms or apartments are booked under misleading or false statements of essential facts, for example in the person of the customer or the purpose; the Strandhotel Ostseeblick GmbH & Co KG has justifiable reason for the assumption that the  utilisation of the hotel service threatens the smooth business, the safety or the image of the Strandhotel Ostseeblick GmbH & Co KG in the public, without it being attributed to the domain or organisational area of the Strandhotel Ostseeblick GmbH & Co KG; a breach of the above clause I number 2 is on hand.
  4. In the case of justified rescission of the Strandhotel Ostseeblick GmbH & Co KG, no claim for the customer of compensation occurs.

VI. Provision of rooms, handover and return

  1. The customer acquires no claim on the provision of specific rooms.
  2. Booked rooms and apartments are accessible for the customer from 3pm on the agreed upon day of arrival. The customer is not entitled to earlier provisioning.
  3. The guest agrees to present a credit card or id card, if requested.
  4. At the agreed upon departure day, the rooms and apartments of the Strandhotel Ostseeblick GmbH & Co KG have to be moved out of and provisioned until 11am at the latest. Later than that, the Strandhotel Ostseeblick GmbH & Co KG can, due to belayed moving out of the room and its contract exceeding use, charge 50% of the full lodging price (list price) until 6pm and 100% after 6pm. Contractual claims of the customer are hereby not reasoned. The customer is at liberty to prove that for the Strandhotel Ostseeblick GmbH & Co KG, none or no significantly lower claim on user fee occurred.

VII. Liability of the Strandhotel Ostseeblick GmbH & Co KG

  1. The Strandhotel Ostseeblick GmbH & Co KG bears liability with the diligence of a decent merchant for his obligations from the contract. Claims of the customer on compensation are excluded, except for damages from the violation of the life, the body or the health, if the Strandhotel Ostseeblick GmbH & Co KG has to be responsible for the a breach of duty, other damages, which are based on an intentional or a grossly negligent breach of duty by the Strandhotel Ostseeblick GmbH & Co KG and damages which are based on an intentional or a grossly negligent breach of contract-typical duties of the Strandhotel Ostseeblick GmbH & Co KG. A breach of duty by the Strandhotel Ostseeblick GmbH & Co KG is equal to one of a legal representative or a vicarious agent. Should disturbances or defects of the services of the Strandhotel Ostseeblick GmbH & Co KG occur, the Strandhotel Ostseeblick GmbH & Co KG will, in case of knowledge or prompt complaint by the customer, be eager to find a remedy. The customer is obligated to contribute the reasonable, to be able to fix the defect and to minimise the possible damage.
  2. For inserted things, the Strandhotel Ostseeblick GmbH & Co KG bears liability for the customer after legal provisions, that is up to the hundredfold of the room price, maximum 3,500€. The liability claims expire, if the customer is not immediately making a complaint to the Strandhotel Ostseeblick GmbH & Co KG after taking note of the loss, destruction or damage (§ 703 BGB). For further liability of the hotel, preceding numbers 1 clause 2 to 4 apply.
  3. If the customer is provided with a parking position in the garage or on a car park of the Strandhotel Ostseeblick GmbH & Co KG, also for money, no contract of safe custody comes about. In the case of the loss or damage of parked or ranked cars and their contents on the ground of the Strandhotel Ostseeblick GmbH & Co KG, the Strandhotel Ostseeblick GmbH & Co KG bears no liability, expect for intention or grossly negligence. Preceding numbers 1 clause 2 to 4 apply.
  4. Wake-up tasks are being done with great diligence by the Strandhotel Ostseeblick GmbH & Co KG.
  5. Messages, mail and consignment of goods for the guests are being dealt with care. The Strandhotel Ostseeblick GmbH & Co KG assumes the delivery, the storing and – if required – for money, the forwarding. Preceding numbers 1 clause 2 to 4 apply.

VIII. Final provisions

  1. Changes or additions of the contract the acceptance proposal or those terms and conditions for the hotel accommodation should happen in written form. One-sided changes or additions by the customer are invalid.
  2. Performance place and the place of payment is the head office of the Ostseeblick GmbH & Co KG.
  3. Exclusive place of jurisdiction – also for check disputes and exchange disputes – is in commercial dealings the seat of the Strandhotel Ostseeblick GmbH & Co KG. If one contracting party is fulfilling the conditions of the des § 38 clause 2 Code of Civil Procedure and has no basic place of jurisdiction on national territory, the seat of the Strandhotel Ostseeblick GmbH & Co KG applies as place of jurisdiction.
  4. German law applies. The application of the UN sales law and of the conflict of laws is excluded.
  5. Should specific provisions of those terms and conditions be or become invalid or void for the hotel accommodation, the validation of the remaining provisions is not touched. Incidentally the legal provisions apply.