- These terms and conditions apply to contracts for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
- The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of A. HEDJASI, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.
- The customer's general terms and conditions only apply if this has been expressly agreed beforehand.
II. CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS
- The contract is concluded when A. HEDJASI accepts the customer's application; these are the contractual partners. A. HEDJASI is free to confirm the room booking in text form.
- If a third party has ordered for the customer, the customer is liable to A. HEDJASI together with the third party as joint debtor for all obligations arising from the hotel accommodation contract, provided A. HEDJASI has received a corresponding declaration from the third party.< /li>
- All claims against A. HEDJASI expire one year after the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by A. HEDJASI or its vicarious agents. These claims for damages become statute-barred in ten years, regardless of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by A. HEDJASI. Claims by consumers within the meaning of the § 13 BGB expire according to the statutory provisions.
III. SERVICES, PRICES, PAYMENT, OFFSET
- A. HEDJASI is obliged to keep the rooms booked by the customer available and to provide the agreed services. In the event of a booking, A. HEDJASI is entitled to rebook the customer to an appropriate hotel.
- The customer is obliged to pay the agreed or applicable prices of A. HEDJASI for the rooms provided and for other services used by him. This also applies to services provided by third parties and paid for by A. HEDJASI.
- Invoices from A. HEDJASI are to be paid immediately and without deductions upon receipt of the invoice without a due date. A. HEDJASI can demand the immediate payment of due claims from the customer at any time. In the event of a delay in payment, A. HEDJASI is entitled to claim the applicable statutory default interest of currently 9%, or in the case of legal transactions in which a consumer is involved, of 5%. A. HEDJASI reserves the right to prove greater damage.
- The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are the bed tax and local taxes that are owed by the guest himself according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
- A. After conclusion of the contract, HEDJASI is not obliged to agree to a subsequent reduction in the number of booked rooms, the service provided by A. HEDJASI or the length of stay of the customer requested by the customer. If A. HEDJASI agrees, the agreement may depend on the price for the rooms and/or for the other services of A. HEDJASI increasing.
- A. Upon conclusion of the contract, HEDJASI is entitled to request a reasonable advance payment from the customer up to the amount of the full overnight price or a security deposit, for example in the form of a credit card guarantee or credit card debit. The amount of the advance payment, the payment dates and/or the provision of security are to be agreed in text form. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffectedl;hr. If the customer is in default of payment, the statutory regulations remain unaffected.
- A. HEDJASI is also entitled to demand an advance payment or a deposit from the customer at the beginning of and during the stay within the meaning of Section III.6 above for existing and future claims arising from the contract, insofar as such has not already been provided in accordance with; above Section III.6.
- The customer can only offset or offset against a claim from A. HEDJASI with an undisputed or legally binding claim.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION)/ FAILURE TO USE HOTEL SERVICES (NO SHOW)
- Cancellation by the customer of the contract concluded with A. HEDJASI is only possible if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists or if A. HEDJASI expressly consents to the cancellation of the contract. cklich agrees. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation must be made in text form.
- If A. HEDJASI and the customer agreed on a date for free withdrawal from the contract, the customer can withdraw from the contract up to that point without triggering payment or damage claims from A. HEDJASI. The customer's right of withdrawal expires if he does not exercise his right of withdrawal to A. HEDJASI by the agreed date.
- If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if A. HEDJASI does not consent to the cancellation of the contract, A. HEDJASI retains the right to the agreed remuneration despite non-use of the service. A. HEDJASI must take into account the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented out elsewhere, A. HEDJASI can make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 100% of the contractually agreed price for overnight stays with or without breakfast and for package deals with third-party services. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
- The regulations under Section IV.3. apply accordingly to half and full board arrangements, with the proviso that the customer must pay 100% of the contractually agreed price, unless the parties have agreed different regulations in the individual contract. Here, too, the customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
v. WITHDRAWAL OF THE HOTEL
- If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period, A. HEDJASI is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by A. HEDJASI with a reasonable deadline.
- Will a gem&rszlig; Clause III.6. If the agreed or requested advance payment or security is not made even after a reasonable period of grace set by A. HEDJASI has expired, A. HEDJASI is also entitled to withdraw from the contract.
- Furthermore, A. HEDJASI is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if
- force majeure or other circumstances for which A. HEDJASI is not responsible make it impossible to fulfill the contract;
- Rooms are booked culpably with misleading or false information or with the concealment of essential facts; the identity of the customer, the ability to pay or the purpose of the stay can be essential;
- A. HEDJASI has reason to believe that the use of the service could endanger the smooth running of the business, the security or the reputation of A. HEDJASI in public, without this being within the control or organizational area of A. is attributable to HEDJASI;
- the purpose or reason for the stay is unlawful;
- an infringement against the above-mentioned item I.2. exists.
- The justified withdrawal by A. HEDJASI does not justify the customer's claim for damages.
VI. ROOM READYDELIVERY, DELIVERY AND RETURN
- The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed.
- Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer is not entitled to earlier provision.
- On the agreed day of departure, the rooms must be vacated and made available to A. HEDJASI by 11:00 a.m. at the latest. After that, A. HEDJASI is entitled to charge 50% of the full accommodation price (list price) for the delayed vacating of the room for its contractual use up to 6:00 p.m. and 100% from 6:00 p.m. This does not justify contractual claims of the customer. He is free to prove that A. HEDJASI has no or a significantly lower claim for usage fee.
- Bringing dogs and cats (hereinafter referred to as "pets") requires prior notification by the guest and the consent of the hotel; for other animals, the hotel must be requested with the exact species name, whereby the hotel can refuse approval in all cases at any time and without giving reasons. A maximum of one (1) pet is allowed per single room and two (2) per double room. An additional fee must be paid for each pet brought along, the amount of which will be communicated to the guest by Centro upon notification. However, guide dogs, deaf dogs and other comparable service dogs are exceptions. These may be carried free of charge and at any time.
VIII. LIABILITY OF THE HOTEL
- A. HEDJASI is liable for its obligations under the contract. Customer claims for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health if A. HEDJASI is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by A. HEDJASI and damages that are based on an intentional or negligent breach of typical contractual obligations by A. HEDJASI. A breach of duty by A. HEDJASI is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the services of A. HEDJASI, A. HEDJASI will endeavor to remedy the situation if it becomes aware of it or if the customer reports immediately. The customer is obliged to do what is reasonable for him to rectify the fault and to keep possible damage to a minimum. In addition, the customer is obliged to inform A. HEDJASI in good time of the possibility of exceptionally high damage.
- A. HEDJASI is liable to the customer for items brought in according to the statutory provisions. A. HEDJASI recommends using the hotel safe; the room safes do not guarantee risk-free storage. If the guest has money, securities and valuables with a total value of more than 800 € or other items with a total value of more than 3500 € wishes to bring in, this requires a separate storage agreement with A. HEDJASI.
- Even outside of his room, the customer is fundamentally obliged to look after his belongings and valuables himself. A. HEDJASI is only liable in accordance with Section VIII.8 above. Sentences 1-4.
- A. HEDJASI does not have its own parking spaces for customers. The temporary parking of vehicles does not result in a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, A. HEDJASI is only liable in accordance with the above Section VIII.8. Sentences 1-4.
- Wake up calls, messages, mail and shipments for guests are handled with care. A. HEDJASI takes over the delivery, storage and - on request - the forwarding of the same for a fee. A. HEDJASI is only liable for wake-up calls, messages, mail and consignments in accordance with the above Section VIII.8. Sentences 1-4.
- The photos shown on the website and in brochures are for informational purposes only. They do not constitute a guarantee of the quality of the rooms booked by the customer. Although every effort has been made to ensure that photographs, graphic representations and reproduced texts are used to illustrate A.HEDJASI to give the most accurate impression possible of the accommodation services offered, deviations between the booked room and the illustrated room may be possible, in particular due to the large number of rooms, changes in the furnishings or any renovations. The guest is not entitled to any complaints in this regard.
- A. HEDJASI cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, caused by third parties, the guest or their partners, including unavailability of the Internet, prevented access to the website, etc ;er interference, viruses or unauthorized prepayment by the submitter's bank.
IX. CUSTOMER LIABILITY FOR DAMAGES
- If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, fellow travelers, visitors or other third parties from his area or himself. The statutory liability provisions apply to consumers.
- A. HEDJASI may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).
X. FINAL PROVISIONS
- Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions must be in text form. Unilateral changes or additions by the customer are invalid.
- The place of fulfillment and payment is the location of A. HEDJASI.
- Exclusive place of jurisdiction - also for check and bill of exchange disputes - is Hamburg in commercial transactions. If a contractual partner meets the requirements of the § 38 Paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is Hamburg.
- German law applies. The application of the UN sales law and the conflict of laws is excluded.
- Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the effectiveness of the remaining provisions. Otherwise, the statutory provisions apply.