General Terms and Conditions for the Hotel Accommodation Contract
I. Scope
1. These terms apply to hotel accommodation contracts and all related services and deliveries provided to guests.
2. Deviating provisions, including those from the guest’s or booking party’s terms and conditions, shall not apply unless explicitly acknowledged in writing by the hotel.
3. The hotel's current house rules are an integral part of these terms and are fully accepted by guests upon booking and staying. These are displayed in the hotel and include a strict leash requirement for dogs and a prohibition of cannabis use on hotel premises.
II. Conclusion of Contract, Contractual Partners
1. A hotel accommodation contract (hereinafter “contract”) is concluded when the hotel confirms a guest's booking request. The hotel processes personal data solely for fulfilling this contract and related purposes in accordance with data protection laws.
Foreign guests' data is collected on the registration form per § 29 of the German Federal Registration Act and used strictly for legal compliance.
More details can be found in the hotel’s privacy policy.
2. The contractual parties are the hotel and the guest. If a third party books on behalf of the guest, they are jointly liable with the guest, provided a declaration to that effect is received.
The booking party is also obligated to inform the guest about all relevant terms, especially these general terms and conditions.
3. Subletting or using the rooms for non-accommodation purposes requires prior written consent from the hotel.
III. Services, Prices, Payment, and Offsetting
1. The hotel must provide the booked rooms and agreed services in line with these conditions.
2. The guest is obligated to pay the agreed or applicable rates, including third-party services arranged by the hotel on their behalf. All prices include VAT. If more than four months pass between contract and arrival, and taxes or local fees increase, the hotel may adjust the price accordingly.
3. The hotel may adjust prices if the guest requests a reduction in rooms, services, or duration after booking.
4. Invoices are due immediately. Default occurs 30 days after the invoice date unless otherwise stated. Interest on overdue payments is 5% above the base rate for consumers, and 8% for businesses. Reminder fees of €5.00 per notice may apply.
5. The hotel may request a reasonable advance payment or security deposit (e.g., credit card guarantee).
6. In special cases (e.g., payment default), the hotel may require increased advance payments up to the full contract amount.
7. Even during the stay, further advance payments may be requested if not already fulfilled.
8. Offsetting by the guest is only permitted with undisputed or legally confirmed claims.
IV. Guest Withdrawal / Cancellation
1. Guests may cancel anytime. The following rules apply:
a) The hotel is entitled to reasonable compensation.
b) As an alternative to calculating actual damages, the hotel may charge:
- 90% of the price for overnight stay(s) with or without breakfast
- 70% for half board
- 60% for full board
The guest may prove lesser or no damages.
c) If calculated specifically, compensation shall not exceed the contractual price less saved expenses or rebooked services.
2. These rules also apply if the guest does not use the room/services without informing the hotel in time.
3. If a cancellation option was contractually agreed with a deadline, the hotel has no claim to compensation.
Cancellations must be made in writing and are effective upon receipt by the hotel.
V. Hotel Withdrawal
1. If the guest has a free cancellation right under IV.3, the hotel may also withdraw within that period if demand from other guests arises and the guest refuses to waive the right.
2. If a requested deposit is not made by the deadline, the hotel may also withdraw.
3. Additional hotel withdrawal rights include:
- Force majeure or circumstances beyond hotel control
- Booking based on misleading information
- Safety, reputation, or operational threats
- Unauthorized subletting
- Default under VI.3
- Deteriorating financial circumstances of the guest
- Insolvency proceedings or payment suspensions
4. The hotel must notify the guest promptly in writing.
5. In such cases, no claim for damages arises on the part of the guest.
VI. Arrival and Departure
1. Guests are not entitled to specific rooms unless confirmed in writing.
2. Rooms are available from 3:00 PM on the day of arrival.
3. Booked rooms must be claimed by 6:00 PM unless a later arrival is arranged. Otherwise, the hotel may reassign the room and withdraw from the contract.
4. On the day of departure, rooms must be vacated by 11:00 AM. Additional charges apply for late check-outs:
- Until 6:00 PM: day-use rate
- After 6:00 PM: full overnight rate
Guests may provide proof of lower damages.
VII. Hotel Liability and Statute of Limitations
1. If defects occur, the guest must report them immediately. Failure to do so forfeits reduction claims.
2. The hotel is liable for damages to life, body, or health, as well as fraud or warranties, per statutory law.
3. For all other damages caused by slight negligence, liability is limited to foreseeable, typical damages and only applies if essential contractual obligations were breached.
4. These limitations also apply to employees or agents and for tort-based claims unless involving bodily harm, warranties, or fraud.
5. For belongings, the hotel is liable up to 100 times the room rate, max. €3,500. For valuables, up to €800. Use of the safe is advised.
6. Parking usage does not constitute a safekeeping agreement. The hotel is not liable for theft or damage unless caused by gross negligence. Claims must be made before leaving the premises.
7. Wake-up calls are provided with care. Claims are excluded unless gross negligence or intent applies.
8. Deliveries (mail, packages, etc.) are handled with care. The hotel stores, forwards, or delivers them as requested (possibly for a fee). Items may be handed to the local lost-and-found after one month.
9. Damage claims expire two years after knowledge of the damage or three years after the event, except in cases of personal injury or gross negligence.
VIII. Final Provisions
1. Amendments must be made in writing. Unilateral changes by the guest are invalid. Fax or email suffices for the written form.
2. Place of performance and payment is the hotel's location.
3. If the guest is a business or public legal entity, the court of jurisdiction is the hotel’s location or Bergen. If the guest has no general jurisdiction in Germany, the hotel’s location applies. The hotel may also sue at the guest’s general jurisdiction.
4. German law applies, excluding UN sales law.
5. If any clause is or becomes invalid, the remaining clauses remain effective. Legal provisions apply otherwise.