The general terms and conditions

The Private Hotel Lindtner Hamburg

General Terms and Conditions for the Hotel Accommodation Contract and the Event Contract

1. scope of application
The terms and conditions apply to hotel accommodation contracts and event contracts as well as other related services and deliveries of the hotel, including external catering services of the hotel.
Deviating provisions, even if they are contained in the general terms and conditions of the contractual partner or the guest, shall not apply unless they are agreed in writing by the hotel.

2. conclusion of contract
A hotel accommodation contract (hereinafter referred to as "contract") is concluded upon a booking enquiry by the contractual partner with a corresponding booking confirmation from the hotel. In this case, the guest is jointly and severally liable with the contracting party for the services utilised. Irrespective of this, each booking party/contractual partner is obliged to forward all information relevant to the booking, in particular these General Terms and Conditions, to the guest.

3. services, prices, payment
The hotel is obliged to keep the rooms and function rooms booked by the contractual partner available in accordance with these General Terms and Conditions and to provide the agreed services.

The contractual partner is obliged to pay the agreed prices of the hotel applicable to the provision of rooms and the provision of the event rooms as well as the other services utilised by him. This also applies to services and expenses incurred by the hotel vis-à-vis third parties at the request of the guest or the customer.

The agreed prices include the respective statutory value added tax. Increases in value added tax and the levying of other taxes shall be borne by the contractual partner.

If the period between conclusion and fulfilment of the contract exceeds four months, and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 10%. The prices may also be changed by the hotel if the contract partner subsequently requests changes to the number of rooms booked and the number of event participants, the hotel's services or the length of stay of the guests or the duration of the event, and the hotel agrees to this.

The contractual partner shall be in default at the latest if he does not make payment within 10 days of the due date and receipt of an invoice; this shall only apply to a guest who is a consumer if these consequences have been specifically pointed out in the invoice. In the event of late payment, the hotel is entitled to charge consumers interest on arrears at a rate of 5% above the base rate. In business transactions, the default interest rate is 9% above the base rate. The hotel reserves the right to claim higher damages. The hotel may charge a reminder fee of € 5.00 for each reminder after default has occurred.

The hotel is entitled to demand reasonable advance payments or security upon conclusion of the contract or thereafter. The amount of the advance payment and its due date may be agreed in writing in the contract. Furthermore, the hotel shall be entitled to demand immediate payment of any outstanding amounts accrued during the guest's stay at the hotel by issuing an interim invoice.

If the hotel has an overriding legitimate interest in checking the creditworthiness of the contractual partner (e.g. if services are provided on account and the hotel makes advance payments in this respect), it is authorised to obtain corresponding credit information in strict compliance with the applicable data protection regulations. Information on the handling of the processing of personal data can be found at https://www.lindtner.com/datenschutz.html.

The contract partner may only offset an undisputed or legally established claim against a claim of the hotel or The contract partner's right to offset is unrestricted insofar as his offset claim is synallagmatically linked to the hotel's claim.

4. withdrawal of the contractual partner, cancellation
The hotel shall grant the contractual partner a right of withdrawal at any time. The following provisions shall apply:
In the event that a contractual partner withdraws from the booking of rooms or function rooms, the hotel shall be entitled to reasonable compensation. The same applies to the cancellation of other contracts concluded for services or deliveries, including catering.
The hotel has the option of claiming a cancellation fee from the contract partner instead of a specifically calculated compensation:

Individual bookings of hotel rooms:

Cancellation is possible free of charge until 6 pm on the day before arrival. For later cancellations, the cancellation fee is 80% of the contractually agreed price for bed and breakfast. The contract partner is at liberty to prove that the hotel has suffered no loss or that the loss incurred by the hotel is less than the cancellation fee charged.

Events: Cancellation is free of charge up to 8 months before the start of the event. In the event of cancellation up to 6 months before the start of the event, the cancellation fee is 80% of the contractually agreed amount for the event. In the event of cancellation up to 2 months before the start of the event, the cancellation fee is 90% of the contractually agreed amount for the event. In the event of cancellation less than 2 months and up to 3 days before the start of the event, the cancellation fee shall be 95% of the contractually agreed amount for the event and in the event of cancellation at a later date it shall be the full agreed amount. The contractually agreed amount for the event includes in particular the provision of hotel premises and hotel rooms as well as the provision of food and beverages. If no amount has been contractually agreed for food and beverages, the lowest priced 3-course menu of the respective event offer valid at the time of cancellation shall be used as a basis. The loss of revenue for drinks per person shall be charged at 70% of the cancellation costs for food. The contract partner is at liberty to prove that the hotel has suffered no loss or that the loss incurred by the hotel is lower than the flat-rate compensation demanded.

Catering: Cancellation is possible free of charge up to 6 months before the start of the event. In the event of cancellation up to 4 months before the start of the event, the cancellation fee is 35% of the contractually agreed price. In the event of cancellation up to 2 months before the start of the event, the cancellation fee shall be 50% and in the event of cancellation less than 10 days before the start of the event, the cancellation fee shall be 80% of the contractually agreed price. The contract partner is at liberty to prove that the hotel has suffered no loss or that the loss incurred by the hotel is lower than the cancellation fee demanded.

Group bookings:

The provisions under item 7 apply here.

If the hotel calculates the compensation specifically, the amount of compensation shall be the amount of the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel and what the hotel acquires through other use of the hotel service.

The above provisions on compensation shall apply accordingly if the contractual partner does not make use of the booked room or the booked services without prior cancellation.

If the hotel has granted the contract partner an option to withdraw from the contract within a certain period without further legal consequences, the hotel is not entitled to compensation.

In all cases, the timeliness of the declaration of cancellation shall be determined by its receipt by the contractual partner.

The hotel will charge the customer the compensation plus any applicable VAT, in particular in the case of clause 4.2.

5. cancellation by the hotel
If the contract partner has been granted a right of cancellation free of charge in accordance with paragraph 3, the hotel is also entitled to cancel the contract within the agreed period if there are enquiries from other guests and customers about the booked rooms and the contract partner does not finally confirm the booking in response to enquiries from the hotel.

If an advance payment or security deposit agreed in accordance with paragraph 6 is not made within a period set for this purpose, the hotel shall also be entitled to withdraw from the contract.

Furthermore, the hotel is entitled to withdraw from the contract for good cause, in particular if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; rooms or event rooms are booked with misleading or false information regarding material facts, e.g. regarding the person of the guest, the organiser or the purpose;

c) the hotel has justified cause to believe that the use of the hotel's services may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel's sphere of control or organisation;

d) there is unauthorised sub- or onward brokerage in accordance with Section 2 (3);

e) the hotel becomes aware of circumstances that the financial circumstances of the  contractual partner have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be jeopardised;

 

f) the Contractual Partner has filed an application for the opening of insolvency proceedings against its assets, has made an affidavit pursuant to Section 807 of the German Code of Civil Procedure, has initiated extraordinary debt settlement proceedings or has suspended payment;

g) insolvency proceedings are opened against the assets of the contractual partner or the opening of such proceedings is refused for lack of assets or for other reasons.

5.4 The hotel must inform the contract partner immediately in writing of the exercise of the right of cancellation. In the aforementioned cases of cancellation, the contract partner shall not be entitled to claim damages.

6. use of rooms and function rooms/arrival and departure

6.1 The contract partner does not acquire any claim to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in writing.

6.2 Booked rooms shall be available to the Contractual Partner from 3.00 p.m. on the agreed day of arrival. He has no claim to earlier availability unless he has agreed this in writing with the hotel.

Booked rooms must be occupied by the Contractual Partner no later than 6.00 p.m. on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hotel has the right to reallocate booked rooms after 6.00 p.m. without the contract partner being able to claim compensation. In this respect, the hotel has a right of cancellation.

On the agreed day of departure, the rooms must be vacated and made available to the hotel by 00:00 at the latest. Thereafter, the hotel may charge 50% of the daily room rate for the additional use of the room from 12.00 noon to 6.00 p.m., and 100% of the full valid accommodation rate from 6.00 p.m. onwards, in addition to the damage incurred by the hotel as a result. The guest is at liberty to prove to the hotel that no damage or significantly less damage was incurred.

This applies in particular to the organisation of job interviews, sales events and similar events.

7. changes to the number of participants, the time of the event and the type of seating
The contract partner is obliged to inform the hotel in writing of the expected number of participants when placing the order in order to ensure careful preparation. A change of more than 5% compared to the expected number of participants stated in the order requires the hotel's consent in all cases.

In the event of an increase in the registered and contractually agreed number of participants, the actual number of persons shall be charged for services provided by the hotel based on the number of persons registered (e.g. accommodation, food and beverages). In the event of a reduction in the contractually agreed number of participants by more than 5%, the hotel is entitled to charge the contractually agreed number of participants less 5%.
Group bookings (10 rooms or more):

All rooms can be cancelled free of charge up to 8 months before the start of the event. Up to 6 months before the start of the event, 20% of the booked rooms can be cancelled free of charge. Up to 2 months before the start of the event, 10% of the booked rooms can be cancelled free of charge and up to three days before the start of the event, 5% of the booked rooms can be cancelled free of charge. If necessary, the number of rooms that can be cancelled must be rounded up or down.

7.3 However, an increase in the number of rooms is subject to the written consent of the hotel.

7.4 If the number of participants is reduced by more than 10%, the hotel is entitled to increase the agreed prices appropriately.

7.5 The hotel is entitled to exchange the confirmed rooms unless this cannot be reasonably expected of the contract partner.

7.6 If a definable part of a booked event is not utilised, the hotel may demand reasonable compensation for the unclaimed part in accordance with the provisions of Section 4 (1) a) to d).

7.7 In the event of an increase in the number of participants, the actual number of participants will be charged.

7.8 The contract partner is free to prove that the hotel has a higher share of saved expenses.

7.9 If the agreed start and end times of the event are postponed without the prior written consent of the hotel, the hotel may charge additional costs for the provision of staff and equipment, unless the hotel is responsible for the postponement. The hotel is only obliged to make the booked rooms available to the organiser at the times agreed in advance.

7.10 For events that extend beyond 1.00 a.m., the hotel may, unless otherwise agreed, charge a flat rate of € 150.00 per hour from this time onwards.

7.11 A short-term change to the type of seating on the day of the event requires the written consent of the hotel. In the event of a last-minute change to the type of seating on the day of the event, in deviation from the prior agreement, the hotel reserves the right to charge a conversion fee of at least € 150.00.

8. bringing food and beverages
The Contractual Partner may only bring food and beverages to events by written agreement with the Hotel. In such cases, the Hotel may charge a service fee to cover overheads.

9. Handling of events

Insofar as the hotel procures technical and other equipment from third parties for the contract partner at the latter's request, it shall act in the name of, on the authorisation of and for the account of the contract partner. He shall indemnify the hotel against all third-party claims arising from the provision of such equipment.

The use of the contract partner's, guest's or organiser's own electronic equipment and devices using the hotel's electricity network requires the hotel's prior written consent. Any faults or damage to the hotel's technical equipment caused by the use of such equipment and devices shall be borne by the contract partner, unless the hotel is responsible for them. The hotel may record and charge a lump sum for the material costs arising from the use.

The contract partner is entitled, with the hotel's consent, to use his own telephone, fax and data transmission equipment. If the hotel's own equipment remains unused due to the connection of the contract partner's own equipment, a reasonable cancellation fee may be charged.

The hotel shall endeavour to rectify any faults in technical or other facilities provided by the hotel immediately upon prompt complaint by the contract partner. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions. The Contractual Partner must obtain all official authorisations required to hold the event at its own expense.

He is responsible for compliance with these licences and all other public law regulations in connection with the event. The Contractual Partner shall be responsible for handling the necessary formalities and settlements with the responsible institutions (e.g. GEMA) in the context of self-arranged music performances and sound reinforcement. The Contractual Partner may only use the Hotel's name and trademarks to advertise its event after prior consultation with the Hotel.

10. Items brought along

Any exhibition or other items, including personal items, are stored in the event rooms in the hotel at the risk of the contract partner. The hotel accepts no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel. The statutory liability according to §§ 701 ff. BGB remains unaffected.

Any decoration material brought into the hotel must comply with fire safety requirements. The hotel is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.

Any exhibits or other items brought into the hotel must be removed immediately after the end of the event. The hotel may remove and store any items left behind at the contracting party's expense. If the removal involves disproportionately high costs, the hotel may leave the items in the event room and charge the respective room rent for the duration of their retention. The contract partner reserves the right to provide evidence of lower damages, and the hotel reserves the right to provide evidence of higher damages. The above provisions on storage at the expense of the Contractual Partner shall apply accordingly if exhibition and other items are delivered to the Hotel before the start of the event.
Packaging material (cardboard boxes, crates, plastic) arising in connection with the delivery of the event by the Contractual Partner or third parties must be disposed of by the Contractual Partner before or after the event. If the Contractual Partner leaves packaging material behind in the hotel, the hotel shall be entitled to dispose of it at the Contractual Partner's expense.

In particular, the Hotel is not obliged to pack items left behind by the Contractual Partner and send them by post to the Contractual Partner or third parties. This is the responsibility of the contract partner. Insofar as the hotel agrees to do so in exceptional cases at the request of the contract partner, it may charge the contract partner a fee commensurate with the effort involved, but at least € 30.00.

11 Liability of the contractual partner
The contractual partner is liable for all damage to the building or inventory caused by event participants, event visitors, employees, other third parties from his area or himself or his legal representatives.

The Hotel may require the Contractual Partner to provide appropriate security (e.g. insurance, deposits, guarantees) to cover any damages.

12. Liability of the hotel, statute of limitations

In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy the situation if the contract partner fails to notify the hotel of a defect, the contract partner shall not be entitled to a reduction in the contractually agreed remuneration.

The hotel shall be liable in accordance with the statutory provisions for all damages arising from injury to life, limb or health and for other damages caused by slight negligence only if these are attributable to the breach of a material contractual obligation or a cardinal obligation in a manner that jeopardises the purpose of the contract.

The above limitations of liability apply to all claims for damages, regardless of their legal basis, including claims in tort. The above limitations of liability also apply in cases of any claims for damages by a guest against employees or vicarious agents of the hotel. They shall not apply in cases of liability for a defect following the assumption of a guarantee for the quality of an item or a work, in the event of fraudulently concealed defects or in the event of personal injury.

The hotel is liable to the guest for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but no more than € 3,500.00. For valuables (cash, jewellery, etc.), this liability is limited to € 800.00. Money and valuables stored in the room safe are insured up to a maximum value of € 25,600.00. The hotel recommends making use of this option. Liability claims expire if the guest does not notify the hotel immediately after becoming aware of the loss, destruction or damage.

If the guest is provided with a parking space in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel has no duty of supervision. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed from the hotel at the latest when leaving the hotel property.

Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except in cases of gross negligence or wilful intent, are excluded
Messages, mail and consignments of goods for guests are handled with the utmost care by the hotel. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a maximum storage period of one month and to charge a reasonable fee.

The guest's claims for damages shall expire at the latest two years after the time at which the guest becomes aware of the damage, irrespective of this knowledge at the latest three years after the time of the damaging event. This does not apply to liability for damages resulting from injury to life, body or health or for other damages resulting from intentional or grossly negligent behaviour.

13. confidentiality / data protection
The contracting parties undertake to treat all confidential information of which they become aware as confidential and to use it only for contractually agreed purposes. The confidentiality obligation shall not apply to persons who are authorised to know the information and are legally or contractually obliged to maintain confidentiality, or insofar as it conflicts with the exercise of their own claims or the other party has consented to disclosure. The contracting parties undertake to comply with the applicable data protection regulations, in particular the EU General Data Protection Regulation and the German Federal Data Protection Act. Information on the handling of the processing of personal data can be found at https://www.lindtner.com/datenschutzbestimmung.html.

14. final provision

Amendments or additions to the contract, the acceptance of the application or these business relations for hotel accommodation shall be made in writing. Unilateral amendments or additions by the contracting party shall be invalid.
The place of fulfilment and payment is the registered office of the hotel
The exclusive place of jurisdiction for all disputes between the contracting parties in commercial transactions is the registered office of the
If a contracting party has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. However, the hotel is entitled to bring actions and other legal proceedings at the guest's general place of jurisdiction. The law of the Federal Republic of Germany shall apply.
Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Status: January 2019