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General terms and conditions

General Terms and Conditions for the (1) Hotel Accommodation Contract and (2) Events for AEDENLIFE HOTEL & RESORT RÜGEN/MEIN RÜGEN BETRIEBSGESELLSCHAFT MBH

Mein Rügen Betriebsgesellschaft mbH
Hauptstrasse 66 · 12159 Berlin
Registergericht: Amtsgericht Charlottenburg
Managing Directors: Mr. Eric Buitenhuis, Mr. Michael Klinger
VAT ID No.: DE 306643334

(1)

I. Scope of application
  1. These terms and conditions apply to contracts for the rental of hotel rooms as accommodation as well as all other services and deliveries provided to the customer by AEDENLIFE HOTEL & RESORT RÜGEN / Hotels by HR Group GmbH (hereinafter referred to as "Hotel"). The term "Hotel Accommodation Agreement" includes and replaces the following terms:

- Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.                                                 

  1. The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form, whereby § 540, para. 1, sentence 2 of the German Civil Code (BGB) is waived.
  2. The customer's general terms and conditions shall only apply if this has been explicitly agreed to in text form in advance.
  3. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs within the meaning of §§ 13, 14 BGB. 
                                                  
II. Contract conclusion, contract partner, statute of limitations
  1. The contract is concluded by the hotel's acceptance of the customer's application. If the hotel makes a binding offer to the customer, the contract is concluded by the customer's acceptance of the hotel's offer. The room booking shall be confirmed in text form.
  2. The contract partners are the hotel and the customer. If a third party has ordered on behalf of the customer, the customer shall be liable to the hotel together with the third party as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
  3. All claims of the customer or the third party against the hotel shall generally become statute-barred after 1 year from the beginning of the knowledge. This being dependent on the regular limitation period within the meaning of § 199, para. 1 BGB. However, claims for damages against the hotel shall become statute-barred at the latest in 3 years depending on knowledge, regardless of knowledge, at the latest 10 years after the breach of duty. The following shortenings of the statute of limitations do not apply;

– in the event of claims based on intent or gross negligence on the part of the hotel - including its vicarious agents.

– in the event of negligently caused damage resulting from injury to life, limb or health.

In the case of negligently caused damage to property and financial loss, the shortened limitation periods do not apply in the event of a breach of an essential contractual obligation. Material contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely.

III. Services, prices, payments, offsetting
  1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
  2. The customer is obliged to pay the hotel prices applicable or the agreed provisions for the room and the other services used. This also applies to services and expenses of the hotel for third parties arranged by the customer. The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the guest according to the respective local law, such as visitor's tax. In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and performance of the contract exceeds 4 months.
  3. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's services or the customer's length of stay conditional upon an increase in the price for the rooms or for the hotel's other services.
  4. Invoices of the hotel without a due date are payable without deduction within 10 calendar days of receiving the invoice. The hotel is entitled to call in accrued claims at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest currently applicable at the rate of 9 percent or, in the case of legal transactions involving a consumer, at the rate of 5 percent above the base interest rate. In addition, the hotel may charge a fee of EUR 5.00 per reminder in the event of default. The hotel reserves the right to prove and claim higher damages.
  5. Upon conclusion of the contract or thereafter the hotel is entitled to take into account the legal provisions for package tours, to issue and obtain a reasonable advance payment or security deposit. The amount of the advance payment and the payment dates may be agreed in text form in the contract.
  6. In justified cases, for e.g. if the customer is in arrears with payment or if the scope of the contract is extended, the hotel shall be entitled, even after conclusion of the contract, to demand an advance payment or provision of security within the meaning of clause 5 above as well as increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
  7. The customer may only offset an undisputed or legally enforceable claim against a claim of the hotel.

IV. Withdrawal of the customer (cancellation) / non-utilisation of the services of the hotel (No Show)
  1. The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been explicitly agreed on in the contract, if another statutory right of withdrawal exists or if the hotel explicitly consents to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall in each case be made in text form.
  2. If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge (optional), the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer's right to withdraw from the contract shall expire if he does not exercise his right to withdraw from the contract in text form by the agreed date.
  3. If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The hotel shall take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer shall be obliged to pay at least 90% of the contractually agreed price for the overnight accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the claim did not arise or did not arise in the amount demanded.
  4. If the hotel calculates the compensation in concrete terms, the amount of compensation shall not exceed 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 uses of the hotel services.
  5. The above regulations on compensation apply accordingly if the guest does not make use of the booked room or services without giving notice in good time (no show).

                                              

V. Withdrawal of the hotel
  1. If the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed in writing, the hotel shall also be entitled to withdraw from the contract free of charge within this period of time if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw from the contract within 2 weeks upon inquiry by the hotel. If the customer does not respond within this period, the hotel is entitled to withdraw from the contract.
  2. If an agreed advance payment or security deposit, or one demanded in accordance with III. clause 5, is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
  3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if;

– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;

– rooms are culpably booked with misleading or false information or concealment of material facts (e.g. in the person of the customer, the solvency or the purpose of the stay);                                                      

– the hotel has reasonable grounds to believe that the use of the hotel service may jeopardise the smooth running of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;                                                  

– a violation of I. clause 2 has been committed.                                                         

  1. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

                                              

VI. Provision, handing over and return of the room
  1. The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.
  2. Booked rooms are available to the customer at the earliest from 3 pm on the agreed day of arrival. Booked country houses/apartments are available to the customer from 5 pm of the agreed day of arrival at the earliest. The customer has no right to earlier availability.
  3. On the agreed day of departure, the rooms must be returned to the hotel no later than:

The rooms must be vacated by 11 am on the agreed day of departure. The country houses/apartments are to be made available to the hotel by 10 am at the latest on the agreed day of departure. Thereafter, in the event of late vacating of the room/country house or apartments, the hotel may charge 50% of the currently valid daily rate for its use in excess of the contract until 6 pm, and 100% from 6 pm onwards. Contractual claims of the customer are not justified by this. The customer shall be at liberty to prove that the hotel has not incurred any claim to a charge for use or that the claim is substantially lower. Furthermore, the hotel reserves the right to prove and claim higher damages.

                                                          

VII. Liability of the hotel
  1. In the event of damage caused, the hotel shall be liable for intent and gross negligence - including that of its vicarious agents - in accordance with the statutory provisions. The same applies in the case of negligently caused damage resulting in injury to life, body or health. In the event of negligently caused damage to property and financial loss, the hotel and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but the amount of such liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract; material contractual obligations are those whose performance characterises the contract and on which the customer may rely. Should disruptions or defects in the hotel's services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum, as well as to notify the hotel immediately of any disruptions or damage.
  2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions of §§ 701 ff. BGB. If the guest wishes to bring in money, securities and valuables of high value, this requires a separate storage agreement with the hotel. Storage in the hotel or room safe is generally recommended. Any further liability of the hotel shall be governed by the above provision of VII. clause 1.
  3. As far as a parking space is made available to the customer in the hotel garage or in a hotel car park - even when made available free of charge - this shall not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with VII. clause 1.
  4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for the customers are also handled with the greatest care. The hotel shall undertake the delivery and storage (in each case at the hotel) as well as - on request - the forwarding of mail for a charge. Item 1 above shall apply accordingly.

VIII. Final Provisions
  1. Amendments or supplements to the contract, the acceptance of the application or these general terms and conditions for the hotel accommodation contract shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
  2. The place of performance and payment is the registered office of the respective hotel.
  3. The exclusive place of jurisdiction - also for disputes regarding cheques and bills of exchange - in commercial transactions shall be the registered office of the hotel. If a contracting party meets the requirements of
  4. German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
  5. Should individual provisions of these general terms and conditions for the hotel accommodation contract be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions shall apply.

Status: January 2018                                                        

 

(2)                    

General Terms and Conditions for Events at the AEDENLIFE HOTEL & RESORT RÜGEN / Hotels by HR Group GmbH

I. Scope

  1. These terms and conditions apply to contracts for the rental of conference, banquet and event rooms of the AEDENLIFE HOTEL & RESORT RÜGEN / Hotels by HR Group GmbH ( hereinafter referred to as the "Hotel" ) for the organisation of events such as banquets, seminars, conferences, etc. as well as for all further services and deliveries in connection therewith (hereinafter uniformly referred to as "Services") of the Hotel.
  2. Subletting or re-letting of the rooms, areas or showcases provided as well as invitations to job interviews, sales or similar events require the prior consent of the hotel in text form, whereby
  3. The customer's terms and conditions of business shall only apply if this has been expressly agreed in text form in advance.
  4. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs within the meaning of §§ 13, 14 BGB.

                                   

II. Conclusion of contract, liability, limitations and partners;
  1. The contract is concluded by the hotel's acceptance of the customer's application. If the hotel makes a binding offer to the customer, the contract is concluded by the customer's acceptance of the hotel's offer. In both cases, the hotel is free to confirm the contractual agreement in text form.
  2. The contract partners are the hotel and the customer. If the customer/orderer is not the organiser himself or if a commercial intermediary or organiser is engaged by the organiser, the organiser shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that the hotel has a corresponding declaration from the customer or the organiser.
  3. In the event of damage caused, the hotel shall be liable for intent and gross negligence - including that of its vicarious agents - in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, body or health. In the case of negligently caused damage to property and financial loss, the hotel and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract; material contractual obligations are those whose performance characterises the contract and on which the customer may rely. Should disruptions or defects in the hotel's services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum, as well as to notify the hotel immediately of any disruptions or damage.
  4. All claims of the customer or the third party against the hotel shall be treated in accordance with § 199 para. 1 BGB. However, claims for damages against the hotel shall become statute-barred at the latest 3 years after the breach of duty, depending on knowledge, and at the latest 10 years after the breach of duty, regardless of knowledge. These reductions of the statute of limitations do not apply;

– in the event of claims based on intent or gross negligence on the part of the hotel - including its vicarious agents.                                                   

– in the case of negligently caused damage resulting from injury to life, limb or health. The shortened limitation periods do not apply in the case of negligently caused damage to property and financial loss. Material contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely.

                                                          

III. Services, prices, payments, offsetting
  1. The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
  2. The customer is obliged to pay the agreed price of the hotel for these and other services used. This shall also apply to services and expenses of the hotel to third parties arranged by the customer, in particular also to claims of copyright collecting societies.
  3. The agreed prices include the taxes applicable at the time of the conclusion of the contract. In the event of changes to the statutory value added tax or the introduction, amendment or abolition of a local tax on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly, but by no more than 5%. In the case of contracts with consumers, this shall only apply if the period between conclusion and performance of the contract exceeds 4 months.
  4. Invoices of the hotel without a due date are payable without deduction within 10 calendar days of receipt of the invoice. The hotel is entitled to call in accrued claims at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge the respective applicable statutory default interest in the amount of currently 9 percent above the base interest rate or, in the case of legal transactions involving a consumer, in the amount of 5 percent above the base interest rate. In addition, the hotel may charge a fee of EUR 5.00 per reminder in the event of default. The hotel reserves the right to prove and claim higher damages.
  5. The hotel is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates may be agreed in text form in the contract.
  6. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

                                                          

IV. Withdrawal of the customer (cancellation) / non-utilisation of the services of the hotel (No Show)
  1. The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract must be made in text form in each case.
  2. If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal by the agreed date.
  3. If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service. The hotel shall take into account the income from renting the rooms to other parties and the expenses saved. The expenses saved in each case may be calculated as a lump sum in accordance with IV. clause 4, 5 and 6. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is free to prove that a higher claim has arisen.
  4. If the customer withdraws only between the 8th and the 4th week before the date of the event, the hotel shall be entitled to charge 35 percent of the lost food turnover in addition to the agreed rental price, and 70 percent of the food turnover in the event of any later withdrawal.
  5. The calculation of the food turnover is based on the formula: agreed menu price x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis.
  6. If a flat-rate conference fee per participant has been agreed, the hotel shall be entitled to charge 60 percent of the flat-rate conference fee x agreed number of participants in the event of cancellation between the 8th and the 4th week before the date of the event, and 85 percent in the event of later cancellation.

                                                          

V. Withdrawal of the hotel
  1. As far as the customer's right to withdraw free of charge within a certain period has been agreed in writing, the hotel shall also be entitled for its part to withdraw from the contract free of charge during this period if there are enquiries from other customers about the contractually booked event rooms and the customer does not waive his right to withdraw upon enquiry by the hotel with a reasonable deadline.
  2. If an agreed advance payment or an advance payment demanded in accordance with III. clause 5 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
  3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if;

– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;                                                   

– events are culpably booked under misleading or false statements of material facts (e.g. in the person of the customer or the purpose);                                   

– the hotel has reasonable grounds to believe that the event may jeopardise the smooth running of the business, the safety or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;                      

– a violation of I. clause 2 has been committed;

  1. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

                                                          

VI. Changes to the number of participants and the time of the event
  1. The hotel must be notified of any change in the number of participants by more than 5% no later than 5 working days before the start of the event; such change shall require the hotel's consent in text form.
  2. A reduction in the number of participants by the customer by a maximum of 5 % shall be recognised by the hotel in the settlement of accounts. In the event of deviations exceeding this, the originally agreed number of participants less 5% shall be taken as the basis. The customer has the right to reduce the agreed price by the expenses saved due to the lower number of participants, which must be proven by the customer in detail.
  3. In case of an upward deviation, the actual number of participants will be charged.
  4. In the event of deviations in the number of participants by more than 10% upwards or downwards, the hotel shall be entitled unilaterally to reset the agreed prices and to change the confirmed rooms, unless this is unreasonable for the customer in the individual case.
  5. If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge appropriately for its additional willingness to provide services, unless the hotel is at fault in this respect.

                                                          

VII. Bringing food and drinks

The customer may not bring food and beverages to events. Exceptions require prior agreement in text form with the hotel. In such cases, an appropriate contribution to cover overhead costs shall then be charged.

                                                          

VIII. Technical facilities and connections
  1. As far as the hotel procures technical or other facilities/equipment from third parties for the customer at the customer's instigation, it shall act in the name of, on the authority of and for the account of the customer. The customer shall fully indemnify the hotel against all claims of third parties arising from the provision of such facilities/equipment.
  2. The use of the customer's own electrical equipment using the hotel's electricity network requires the customer's prior consent in text form. Any disruptions or damage to the hotel's technical equipment caused by the use of these devices shall be borne by the customer as far as the hotel is not responsible for them. The hotel may record and charge the electricity costs arising from the use of such equipment on a flat-rate basis.
  3. With the prior consent of the hotel in text form, the customer is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge a reasonable connection fee for this.
  4. If suitable facilities/equipment of the hotel remain unused due to the connection of the customer's own facilities/equipment, an appropriate loss compensation may be charged in this respect.
  5. Faults in technical or other facilities provided by the hotel shall be remedied immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

                                                          

IX. Loss or damage of objects brought along
  1. Exhibits or other items (including personal items) carried along are at the customer's own risk in the event rooms or in the hotel. The customer is not granted key authority. The hotel accepts no liability whatsoever for loss, destruction or damage, except in the case of gross negligence or intent on the part of the hotel. This does not apply to damage resulting from injury to life, limb or health. In addition, all cases in which, due to the circumstances of the individual case, safekeeping constitutes a duty typical of the contract (on which the customer may rely within the scope of the contract) are excluded from this exemption from liability. Decorative material brought along must fully comply with fire protection requirements.

The hotel is entitled to demand official proof of this in advance. If such proof is not provided in good time, the hotel shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed in detail with the hotel in advance.                                                 

  1. Any exhibition or other items brought into the hotel must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer's expense. If the items remain in the event room in a manner contrary to the contract, the hotel may charge reasonable compensation for use for the duration of the retention. The customer shall be at liberty to prove that the above claim did not arise or did not arise in the amount asserted. In addition, the hotel reserves the right to prove and assert higher damages.

                                                          

X. Liability of the customer for damages
  1. The customer shall be liable for all damage to the building or the hotel caused by event participants or visitors, employees, other third parties from his area or himself. As far as the customer is an entrepreneur, he shall be liable irrespective of any proof of fault on the part of the hotel;

- a consumer is only liable in the event of fault.                                   

  1. The hotel may at any time require the customer to provide appropriate security (e.g. insurance, deposits, guarantees, etc.).

                                                          

XI. Final provisions
  1. Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions for Events shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
  2. The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - shall be the registered office of the hotel in commercial transactions. If a contracting party meets the requirements of § 38 para. 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
  3. German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
  4. Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.                                      

Status: January 2018