Terms and Conditions
1. Scope of Application
These General Terms and Conditions (GTC) apply to all contracts concluded with Hotels by HR Sylt GmbH, Hauptstrasse 66, 12159 Berlin, Germany. They may be amended or replaced by individual agreements. A consumer within the meaning of these terms is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or partnership with legal capacity who acts in the exercise of a commercial or self-employed professional activity. The term client refers to both consumers and entrepreneurs. Any deviating, conflicting or supplementary terms and conditions of the client shall not become part of the contract, even if known, unless their validity has been expressly agreed to in writing.
2. Conclusion of Contract
The accommodation contract may be concluded in writing, orally, by telephone, electronically or by implied conduct. The hotel is obliged to keep the booked rooms available and to provide the agreed services. The client is obliged to pay the agreed prices for the accommodation and any additional services used. This also applies to services and expenses incurred by the hotel at the client’s request for third parties. If the content of the booking confirmation differs from the booking request, this shall constitute a new offer by the hotel, which is binding for a period of two days. The contract shall be concluded if the guest accepts this offer within that period.
3. Reservations
Rooms or other services (e.g. meals) reserved on an option basis are binding for both contracting parties until the agreed option date. After expiry of the option period, the hotel may dispose of the reserved rooms and services without further notice. Confirmed rooms are available from 3:00 p.m. on the day of arrival and until 11:00 a.m. on the day of departure. Arrival is expected by 6:00 p.m. unless a later arrival time has been communicated. The latest possible arrival time is 9:00 p.m.
4. Price Adjustments
If more than six months elapse between the conclusion of the contract and the provision of the services, and if the hotel generally increases its prices for such services, the hotel may increase the agreed price accordingly, but by no more than 10%. Prices may also be adjusted if the client subsequently requests changes to the number of rooms booked, the services or the length of stay, and the hotel agrees to such changes.
5. Payment Terms
Unless otherwise expressly agreed, invoices are payable on site, without deduction and in cash. The acceptance and selection of credit cards is at the sole discretion of the hotel, even if the general acceptance of credit cards is indicated by notice. Checks, credit cards and other means of payment are accepted only on account of performance. In the event of default in payment, the hotel is entitled to suspend further services, provided that the client has been reminded with a reasonable deadline and notice of consequences. If the invoice amount exceeds EUR 250.00 or the guest stays longer than six days, the hotel is entitled to issue interim invoices and demand immediate payment.
6. Advance Payments
The hotel is entitled to request advance payment in the amount of the accommodation price upon conclusion of the accommodation contract. The hotel may make the acceptance of any booking or the provision of any service dependent on full or partial advance payment in the form of a deposit, installment or full prepayment. If the advance payment is not credited to the hotel’s account within the specified period, the hotel is entitled to withdraw from the contract or claim damages for non-performance, without further notice.
7. Cancellation by the Client
Any cancellation by the client requires the written consent of the hotel. Without such consent, the agreed price remains payable even if the services are not used. If a cancellation deadline has been agreed in writing, the client may withdraw from the contract without incurring payment or damage claims, provided the cancellation is declared in due time. For rooms not used, the hotel shall offset income from alternative rentals and saved expenses. The hotel may claim damages on a lump-sum basis. In this case, the client is obliged to pay 90% of the agreed accommodation price, with or without breakfast. The client may prove that no damage or a lesser damage has occurred.
8. Cancellation by the Hotel
The hotel is entitled to withdraw from the contract for a justified reason, in particular if:
- force majeure or other circumstances beyond the hotel’s control make performance impossible;
- rooms are booked under misleading or false information regarding essential facts;
- the hotel has justified reason to believe that the use of services may endanger business operations, security or public reputation.
The client shall be informed immediately of the cancellation. In the event of a justified withdrawal, the client shall have no claim for damages.
9. Liability
The hotel’s liability is governed by Sections 701–703 of the German Civil Code (BGB). Any further liability is excluded unless the damage was caused intentionally or by gross negligence. Claims due to non-contractual performance must be asserted within one month after termination of the accommodation contract. The limitation period for all claims is six months. No safekeeping contract is concluded for vehicles parked on hotel premises. The hotel is not liable for loss or damage unless caused by intent or gross negligence. Wake-up calls are carried out with due care. Claims for damages are excluded except in cases of intent or gross negligence. Mail and consignments are handled with care. The hotel assumes delivery and storage and, upon request and for a fee, forwarding. Claims for damages are excluded except in cases of intent or gross negligence.
10. Duty to Cooperate
The guest is obliged to cooperate in the event of service disruptions and to report any defects immediately. Failure to do so may result in the loss of any claim for reduction.
11. Miscellaneous
Consumption of food and beverages brought in from outside is not permitted in public areas of the hotel. The guest may only offset or retain payments with undisputed or legally established claims. The guest is liable for any damage caused in the room during the agreed period of use.
12. Final Provisions
Amendments or supplements to the contract or these terms shall be made in writing. Unilateral amendments by the client are invalid. Place of performance and payment is the registered office of the hotel. Exclusive place of jurisdiction for entrepreneurs is the registered office of the hotel. German law shall apply exclusively. Should individual provisions be invalid or void, the validity of the remaining provisions shall remain unaffected.
Contact
Hotels by HR Sylt GmbH
Hauptstrasse 66
12159 Berlin
Germany
Phone: +49 4651 838-0
Fax: +49 4651 838-454
Email: info@sylt-strandhotel.de
Commercial Register No.: HRB 258648 B
