1. These General Terms and Conditions (in the following “GTC”) apply to all agreements between Hotel Hafen Flensburg, (in the following referred to as “hotel” or “we”, or “us” respectively) and guests or customers (in the following together referred to as “guest”) regarding the provision of hotel rooms, event locations or functional rooms as well as the provision of all other hotel and event services.
2. The agreement between us and the guest regarding provision of hotel rooms or event locations and functional rooms (in the following together referred to as “rooms”) shall be deemed concluded as soon as it has been confirmed by us in written form by fax or via e-mail, or at the latest with the provision of rooms to the guest, if previous confirmation by us should not be possible beforehand. If the guest, who wishes to book rooms for an event, should be a political association, the expressed written approval by the hotel management is essentially required for the agreement to become effective. If the booking guest fails to inform the hotel about the fact that a political association is involved then the hotel may cancel the agreement at any time. In that case any liability claims on the side of the guest are explicitly excluded.
3. If only option data are stated regarding the use of the rooms, such data are not binding, neither for us nor for the guest. It only means granting a nonbinding booking option for the guest. However, within the option term the guest must inform us and declare whether he or she wishes to use the rooms. If the guest fails to provide such a declaration the hotel has the right after elapse of the option term to otherwise let the rooms. In that case any liability claims on the side of the guest are explicitly excluded.
4. Binding according to clause 2, booked hotel rooms are reliably available for the guest from 15.00 h on the agreed day of arrival and must be vacated until 11.00 h on the agreed day of departure. In case of a late departure, i.e. if hotel room is vacated after 11.00 h on the agreed day of departure the hotel may charge 50 percent of the current room rate per day in case the guest vacates the room until 18.00 h and 90 percent of the current room rate per day in case the guest vacates the room after 18.00 h. If a late check-in time after 18.00 h on the day of arrival has not been explicitly agreed on, then the hotel may otherwise let bindingly booked rooms starting from 18.00 h, if the guest fails to check in until 18.00 h.
5. Booked event locations and functional rooms are available for the guest only in the agreed time frame and only for the agreed purpose. Utilisation of the room beyond the agreed time frame requires the expressed written consent of the hotel management.
6. The agreed rate is due with the provision of service and, at the latest, must be paid on check-out of the guest. The hotel may request a reasonable advance payment of the agreed rate or a provision of security by credit card guarantee from the guest prior to provision of rooms or services.
7. In case of events, celebrations and/or group bookings the agreed rate for the specified number of persons has to be paid in advance, on the day of arrival / on the event day at the latest. Billing in that case is 14 days before the event/arrival.
8. The guest is not entitled to provision of specific rooms unless this has been explicitly contractually agreed. If specific rooms, the provision of which has been explicitly contractually agreed, should for whatever reasons not be available the hotel is obliged to provide for equivalent alternatives, which may also include rooms other than the hotel’s own rooms, if this must be considered reasonable.
9. If not otherwise agreed, the guest must pay the following charges in case of cancellation or changes in bookings of reserved hotel rooms, or of package arrangements regarding events with a previously defined number of persons to be supplied with services:
9.1. For individual bookings (1 to 4 rooms) the following conditions apply: 1 to 4 rooms can be cancelled free of charge until 48 hours before the day of arrival / agreed provision of service.
9.2. 5 to 9 rooms can be cancelled free of charge until 10 days before the day of arrival / agreed provision of service.
9.3. 10 rooms upwards can be cancelled free of charge until 30 days before the day of arrival / agreed provision of service.
9.3. In case of later cancellation after the above periods of free cancellation we will charge 80 percent of the agreed gross rate. In case of no-show/non-utilisation without notice by the guest we will charge 100 percent of the agreed rate.
If possible, the hotel takes effort otherwise to let rooms which are not utilised in order to prevent loss. If this is successful the related earnings are, in favour of the guest, offset against the charges due according to clause 9.3.
To prevent financial losses in case of cancellation or if you have to leave early we recommend the products of our insurance partner ERV (Europäische Reiseversicherung AG).
10. In order to prevent inconvenience in case of group bookings of several hotel rooms the guest is obliged to supply a list of attendees to the hotel 7 days before the day of arrival of the group / before the start of the event.
11. Moreover, in case of events in our hotel the following has to be observed:
11.1. The hotel does not have an obligation to guard or store exhibits, seminar or conferencing equipment or other including personal equipment brought to the event (in the following referred to as “equipment brought to the event”). Equipment brought to the event cannot be transported to the hotel earlier than 2 days before start of the event. Any equipment brought to the event, particularly decoration material as well as all kinds of installations and facilities must comply with the relevant fire protection and safety requirements. The guest is responsible for insurance of equipment brought to the event.
11.2. As event organiser the guest is liable for payment of any food or drink ordered by the attendees and participants of their event.
11.3. Bringing food or drinks into the hotel requires the previous explicit consent of the hotel.
11.4. Installation of decoration material or other objects requires the explicit consent of the hotel. The guest may be held liable by the hotel for damage to furnishing or inventory of the hotel caused during preparation / follow-up work and de-/installation or damage caused during the event including such damage caused by participants and attendees of the event.
12. According to the relevant legal regulations we are liable for injury to life, limb or health culpably caused by wilful intent or gross negligence of one of our representatives or vicarious agents. Moreover, we are only liable according to German product liability law or due to the culpable violation of essential contractual obligations or insofar as we have fraudulently concealed a defect or assumed a guarantee regarding the properties. Essential contractual obligations are obligations required to achieve the objective of the agreement. However, compensation claims for culpable violation of essential contractual obligations are limited to foreseeable damage which is typical for the agreement if not one of the cases stated in sentence 1 or 2 is given. The limitations of liability apply to all compensation claims (particularly to compensation in addition to service and compensation instead of service), and for whatever legal reason, particularly due to defects, the violation of obligations resulting from the contractual relationship or from unauthorised action. They also apply in case of compensation claims for wasted expenditure.
13. Any indications regarding our hotel in programmes, invitations, etc. have to be timely agreed on with us regarding contents, layout and design before publication. The logo and the word mark may only be used when promoting events in our hotel if used according to our specifications and requirements, and must not be modified or connected to other marks and logos.
14. All music events must be reported to GEMA (German performing rights society). The charges have to be paid by the guest. The guest keeps Hotel Hafen Flensburg indemnified from possible claims of GEMA resulting from unauthorised use of rights of GEMA (e.g. if the guest fails to notify GEMA) or third parties, or which are asserted.
15. Bringing animals requires prior notification.
16. Hotel Hafen Flensburg is a non-smoker gastronomy operation. This particularly applies to our hotel rooms. The guest is liable for damage due to illicit smoking in the rooms, required cleaning of the rooms, as well as the cost for fire brigade attendance in case of alarms of the fire and smoke detectors in the hotel. If – even after the guest’s departure – we should detect that someone smoked in the room, we will have to charge a lump sum of € 130.00 for required cleaning of curtains, counterpanes, bed coverings, blankets and pillows.
17. Place of fulfilment and jurisdiction for all disputes arising form the contractual relationship between us and the guest is Flensburg. This agreement shall be exclusively governed by the Laws of the Federal Republic of Germany.
GTC as of: April 2018