General Terms and Conditions Fliegerdeich GmbH & Co. KG
§ 1 Scope of application
These General Terms and Conditions (GTC) apply to all services provided by Fliegerdeich GmbH & Co. KG (hereinafter referred to as "Hotel") to the guest, the organiser or other contractual partners (hereinafter referred to as "Contractual Partner"). The services consist in particular in the provision of the use of hotel rooms and other premises against payment for e.g. seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organisation of sporting events and other programmes, the implementation of special health-promoting measures or comparable offers, as well as for all other related services and supplies of the hotel. The hotel is entitled to have its services performed by third parties.
These GTC apply to all types of contracts such as hotel accommodation, package tour, contingent or event contracts concluded with the hotel. The GTC shall also apply to all future transactions with the contract partner.
The contracting party's GTC shall not apply, even if the hotel does not expressly object to them. Counter-confirmations by the contracting party referring to its GTC are hereby objected to.
§ 2 Conclusion of contract
The respective contract shall be concluded in principle upon oral or written application by the contracting party and acceptance by the hotel. The hotel shall be free to accept the application in writing, orally, in text form (e-mail, fax) or conclusively by providing the service.
If the contracting party concludes a so-called contingent contract, the contracting party shall be liable for all damages culpably caused by the end user.
Subletting or reletting or the use of the rooms provided free of charge by third parties as well as the use for other than accommodation purposes shall only be permitted if expressly authorised by the hotel. The hotel may grant a written exception here at its own discretion upon request.
§ 3 Use of rooms, handover of rooms, departure, smoking ban
The rooms are made available exclusively for accommodation purposes. Pets may only be brought into the room with the prior consent of the hotel and at a separate charge.
The contract partner shall be liable to the hotel for all damage caused by him or by third parties who receive the hotel's services at his instigation.
The contract partner has no claim to the use of specific rooms. If rooms are not available in the hotel, the hotel shall inform the contract partner thereof without delay and offer an equivalent substitute in a nearby hotel of the same category. If the contract partner refuses, the hotel shall immediately reimburse the contract partner for services rendered.
Booked rooms shall be available to the contract partner from 3:00 p.m. on the day of arrival. The contract partner shall not be entitled to earlier availability. Unless otherwise agreed, the hotel shall have the right to assign booked rooms to other parties after 6:00 p.m. without the contracting party being able to derive any rights or claims therefrom.
The rooms must be vacated by 11:00 a.m. at the latest on the day of departure. After this time, the hotel may charge 25% of the overnight rate for the additional use of the room until 2:30 p.m., 80% from 3:00 p.m. and 100% of the overnight rate (daily rate) from 5:00 p.m. onwards, in addition to any damage incurred as a result.
Smoking is prohibited in all rooms and public areas of the building. In case of violation, the offending guest will be charged an extra cleaning fee of € 50.00. Should a violation of this smoking ban make it impossible to re-let the room due to a persistent odour nuisance, the hotel reserves the right to charge the violating guest the full amount of the loss of revenue, even after the guest's departure.
§ 4 Events
In order to enable careful preparation by the hotel, the contract partner shall notify the hotel of the final number of participants no later than three days before the start of the event. If the contract partner informs the hotel of a higher number of participants than agreed, this higher number of participants shall only become part of the contract if the hotel agrees thereto in writing. If the hotel does not agree in writing, the contracting party shall not be entitled to hold the event with a higher number of participants. If the hotel agrees, billing shall be based on the new agreement (with additional expenses, if applicable). The contracting party shall not be entitled to consent. Billing shall be based on the number of participants stipulated in the contract plus any persons registering later. If fewer participants actually take part in the event, this shall be irrelevant for the settlement.
If the agreed time for the start of the event is postponed, the hotel shall be entitled to charge the contract partner for all additional costs incurred as a result.
Reserved rooms shall only be available to the contracting party within the period agreed in writing. Use beyond this period shall require the hotel's written consent and shall generally only be granted against additional payment. The hotel reserves the right to make changes to rooms insofar as such changes are reasonable for the contract partner, taking into account the interests of the hotel.
For events lasting beyond 1:00 a.m., the hotel may, unless expressly agreed otherwise in writing, charge 250.00 euros per hour or part thereof. The contract partner shall be liable to the hotel for additional services provided to the event participants or to third parties in connection with the event.
The contract partner shall procure all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Any fees payable to third parties for the event, e.g. GEMA fees, entertainment tax, etc., shall be paid by the contracting party directly to the creditor without delay.
The contract partner shall be liable for the conduct of its employees, event participants and other auxiliary staff as for its own conduct. The hotel may require the contract partner to provide appropriate security (e.g. insurance, deposits, guarantees).
In order to prevent damage, the attachment and installation of decorative materials or other objects shall be agreed with the hotel in advance. Exhibits and other objects brought along shall be removed at the end of the event. If the contracting party fails to comply with this provision, the hotel shall have the right to remove and store such items at the hotel's expense. Transport packaging, outer packaging and all other packaging materials brought in shall be disposed of by the contract partner at his own expense. Disposal may be subject to a charge if the contract partner leaves the packaging behind after the end of the event. All items brought into the event, such as decorative materials and the like, must comply with all relevant regulations.
The hotel does not provide insurance cover for items brought into the hotel. The conclusion of any necessary insurance shall be the sole responsibility of the contracting party.
Faults or defects in facilities provided by the hotel shall be remedied insofar as this is possible for the hotel. The contract partner may not derive any claims in this connection.
If the contract partner brings in his own electrical equipment, the hotel management's consent shall be required before connection to the power grid. The electricity consumption incurred shall be charged in accordance with the valid provision and working prices as charged to the hotel by the utility company. The hotel is free to charge a flat rate. Any malfunctions or defects in the hotel's technical equipment caused by connection shall be borne by the contract partner.
With the consent of the hotel, the contract partner is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this. If suitable hotel facilities remain unused as a result, the hotel may charge a cancellation fee.
If the hotel procures technical or other equipment from third parties for the contracting party, the hotel shall act in the name and for the account of the contracting party; the contracting party shall be liable for the careful handling and proper return of such equipment and shall indemnify the hotel against all claims of third parties upon first written request. Liability on the part of the hotel due to untimely procurement or defectiveness of the procured facilities is excluded.
As a general rule, the contracting party may not bring food and beverages to the events. In special cases (e.g. national specialities, etc.), a written agreement may be reached to this effect. In such cases, a general expense fee shall be charged less the pro rata cost of the goods. In the event of non-compliance, the hotel shall be entitled to claim a flat-rate amount of damages per participant for the loss incurred which would have accrued to the hotel for the provision of the service. The hotel accepts no liability whatsoever for damage to health caused by the consumption of food and drink brought along.
Newspaper advertisements containing invitations to job interviews or sales events generally require the hotel's prior written consent. If publication takes place without consent, the hotel shall have the right to cancel the event.
Any type of advertising, information, invitations which establish a reference to the hotel, in particular by using the hotel name, shall require the prior written consent of the hotel.
§ 5 Provision of Services, Prices, Payments, Set-Off and Assignment
The prices of the respective services shall be determined in accordance with the Hotel's price list in effect at the time the services are provided. All prices are inclusive of the currently applicable statutory value-added tax. The prices do not include public charges such as
e.g. visitor's tax, cultural promotion tax (so-called "bed tax") etc. are not included in the prices. The aforementioned taxes shall be borne additionally by the contract partner. The respective amounts shall be invoiced separately. Increases in value added tax shall be borne by the contract partner. If the period between conclusion of the contract and the first contractual service exceeds 120 days, the hotel shall be entitled to increase prices by up to a maximum of 15%. Subsequent changes to the services may lead to changes in the prices. The hotel shall be entitled to demand an advance payment or security deposit of up to 100% of the contracting party's total payment obligation from the contracting party upon conclusion of the contract. The amount of the advance payment and the payment dates may be stipulated in the contract.
Invoices are generally payable immediately in cash or by credit card. The hotel is entitled to reject foreign currency, cheques and credit cards. Vouchers from tour operators shall only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund of unused services is excluded.
The hotel's claim for payment is due without deduction immediately after receipt of the respective invoice. An invoice shall be deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless proof of earlier receipt can be provided. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest applicable at the time.
The issue of a total invoice shall not release the customer from the obligation to pay the individual invoices in due time. A delay in payment of even one individual invoice shall entitle the hotel to withhold all further and future services and to make the performance of the services dependent on the provision of security in the amount of up to 100% of the outstanding payment.
A reminder fee of 5.00 euros shall be due for each reminder. All further collection costs incurred shall be borne by the contractual partner.
The contracting party may only offset a claim of the hotel if its claim is undisputed or has been finally adjudicated. This shall apply mutatis mutandis to the exercise of a right of retention on account of the contract partner's own claims. Claims and other rights may only be assigned with the written consent of the hotel.
If the contracting party uses a credit card for the payment of hotel services requiring advance payment (e.g. general orders with advance payment, guaranteed bookings or vouchers) without physically presenting such credit card (e.g. via telephone, Internet or the like), the contracting party shall not be entitled in relation to the hotel to revoke such charge vis-à-vis its credit card institution.
§ 6 Cancellation of services / reduction of services
Reservations made by the contract partner are binding for both contract partners after acceptance by the hotel. In the event of cancellation or reduction by the contract partner, the contract partner shall pay the following damages:
No compensation if the hotel receives the written cancellation or reduction by the contractually agreed time before the start of the service period.
Compensation in the amount of 80% of the value of the ordered services for the first 3 nights booked if the written cancellation or reduction is received by the hotel less than the contractually agreed time before the start of the service period.
In the event of cancellation on the day of arrival or a no-show, 100% of the accommodation price will be charged for the 1st night and 80% for a maximum of 2 subsequent nights booked. In the event of a no-show, the entitlement to booked subsequent nights shall lapse.
For group reservations (5 rooms or more), separate cancellation deadlines apply, which are contractually agreed in each case. If rooms were booked individually by the same booker for the same period, the hotel is also entitled to subsequently assert separate cancellation deadlines.
Compensation in the amount of 100% of the value of the services ordered when booking the HotDeal rate.
The contracting party shall be entitled to prove that the damage suffered by the hotel is non-existent or lower.
The above-mentioned deadlines apply equally to the hotel without affecting the provisions of § 7 of these GTC.
§ 7 Rescission / Termination by the Hotel
In accordance with the statutory provisions, the hotel is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) if
the contract partner fails to perform a due service.
the performance of the contract is impossible due to force majeure, strike or other circumstances for which the hotel is not responsible.
the contract partner makes misleading or false statements about essential data.
the contract partner uses the name of the hotel in advertising without prior written consent.
rooms which are the subject matter of the contract are sublet in whole or in part without the written consent of the hotel.
the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardise the smooth operation of the business, the safety or the reputation of the hotel in the public.
The hotel shall notify the contracting party of the exercise of the cancellation/termination in writing without delay, at the latest within 14 days of the reason becoming known. The cancellation of the contract by the hotel shall not give rise to any claims by the contract partner for damages or other compensation. A claim by the hotel for compensation for damages incurred and expenses incurred by it shall remain unaffected in the event of justified termination of the contract.
§ 8 Liability of the hotel, objects brought in, statute of limitations
The hotel shall in principle be liable for all legal and contractual claims only in the event of intentional or grossly negligent conduct.
By way of exception, the hotel shall be liable for slight negligence in the case of damages
In such cases, liability shall be limited to the foreseeable damage typical for the contract.
due to injury to life, body and health.
Liability of the hotel for consequential or indirect damages is excluded.
Exclusions and limitations of liability shall apply in the same way in favour of all companies employed by the hotel to fulfil its contractual obligations, their subcontractors and vicarious agents. They shall not apply if the hotel assumes a guarantee for the quality of an item or a work or in the case of fraudulently concealed defects.
The contract partner shall be obliged to notify the hotel of any recognisable defects without delay, at the latest upon departure.
The statutory provisions of §§701 et seq. of the German Civil Code shall apply to items brought in by the contract partner.
Vehicles parked on the hotel premises, even against payment, do not constitute a safekeeping contract. The hotel shall not be liable for damage to or loss of vehicles parked on the hotel premises and their contents.
Items left behind by the contracting party / overnight guest will only be forwarded at the request, risk and expense of the contracting party. The hotel shall store the items for 6 months and charge an appropriate fee for this. After this period, the items will be handed over to the local lost property office if there is a recognisable value.
All claims of the contract partner against the hotel arising from or in connection with the contract shall become statute-barred after the expiry of one year, beginning with the end of the year in which the claim arose and the contract partner became aware of the circumstances giving rise to the claim or should have become aware without gross negligence.
§ 9 Additional provisions for package travel contracts
If, in addition to providing board and lodging, the hotel's obligation to perform consists of organising a leisure programme as its own paid service, this shall constitute a so-called package tour contract.
The contracting party may not assert any claims due to changes, deviations or reductions of individual services within the scope of a package tour contract which become necessary after conclusion of the contract if they are merely insignificant.
If agreed and provided services are not used by the contract partner, a reduction or refund of the total fee is not possible.
The hotel shall not be liable for damage suffered by the contract partner on the occasion of the use of a special service provided by a third party. In this respect, the contract partner is referred to the enforcement of his claims against the respective organiser of the special service.
§ 10 Place of performance and payment, place of jurisdiction, collateral agreements, partial invalidity
The place of performance and payment for both parties is the registered office of the hotel.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
With the exception of private end consumers, the registered office of the hotel is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract.
Ancillary agreements, amendments or supplements to these General Terms and Conditions must be made in writing. Unilateral amendments and supplements by the contracting party shall be ineffective.
Should individual provisions of these general terms and conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the meaning of the invalid provision. In all other respects, the statutory provisions shall apply.
§ 11 Technical facilities and connections
The guest shall be liable for damage caused by electronic equipment brought into the hotel by the guest. The hotel shall not be liable for damage caused by electronic equipment brought into the hotel by the guest unless the hotel is guilty of gross negligence or wilful (contributory) negligence. Insofar as the hotel procures technical and other equipment from third parties for the guest at the guest's instigation, it shall act in the name of, on the authority of and for the account of the guest. The guest shall be liable for careful handling and proper return. The guest shall indemnify the hotel against all claims of third parties arising from the provision of such facilities.
The use of the guest's own electrical equipment using the hotel's power supply system requires the guest's consent. Any malfunctions or damage to the hotel's technical equipment resulting from the use of such equipment shall be borne by the guest and the guest shall be liable therefor insofar as the hotel is not responsible for such malfunctions or damage. The hotel may record and charge for the electricity costs arising from such use on a flat-rate basis.
Faults in technical or other facilities provided by the hotel shall be remedied immediately where possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.
Wilhelmshaven, June 2023
§ 1 Scope of Application
These General Terms and Conditions (GTC) shall apply to all services provided by Fliegerdeich GmbH & Co. KG (hereinafter referred to as "Hotel") to the guest, the organiser or other contractual partners (hereinafter referred to as "Contractual Partner"). The services shall consist in particular in the provision, against payment, of the use of hotel rooms and other premises for e.g. seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organisation of sporting events and other programmes, the implementation of special health-promoting measures or comparable offers, as well as for all other related services and supplies of the hotel. The hotel is entitled to have its services performed by third parties.
These GTC apply to all types of contracts such as hotel accommodation, package tour, contingent or event contracts concluded with the hotel. The GTC shall also apply to all future transactions with the contract partner.
The contracting party's GTC shall not apply, even if the hotel does not expressly object to them. Counter-confirmations by the contracting party referring to its GTC are hereby objected to.
§ 2 Conclusion of contract
The respective contract shall be concluded in principle upon oral or written application by the contracting party and acceptance by the hotel. The hotel shall be free to accept the application in writing, orally, in text form (e-mail, fax) or conclusively by providing the service.
If the contracting party concludes a so-called contingent contract, the contracting party shall be liable for all damages culpably caused by the end user.
Subletting or reletting or the use of the rooms provided free of charge by third parties as well as the use for other than accommodation purposes shall only be permitted if expressly authorised by the hotel. The hotel may grant a written exception here at its own discretion upon request.
§ 3 Room use, room handover, departure, smoking ban
The rooms are made available exclusively for accommodation purposes. Pets may only be brought into the room with the prior consent of the hotel and at a separate charge.
The contract partner shall be liable to the hotel for all damage caused by him or by third parties who receive the hotel's services at his instigation.
The contract partner has no claim to the use of specific rooms. If rooms are not available in the hotel, the hotel shall inform the contract partner thereof without delay and offer an equivalent substitute in a nearby hotel of the same category. If the contract partner refuses, the hotel shall immediately reimburse the contract partner for services rendered.
Booked rooms shall be available to the contract partner from 3:00 p.m. on the day of arrival. The contract partner shall not be entitled to earlier availability. Unless otherwise agreed, the hotel shall have the right to assign booked rooms to other parties after 6:00 p.m. without the contracting party being able to derive any rights or claims therefrom.
The rooms must be vacated by 11:00 a.m. at the latest on the day of departure. After this time, the hotel may charge 25% of the overnight rate for the additional use of the room until 2:30 p.m., 80% from 3:00 p.m. and 100% of the overnight rate (daily rate) from 5:00 p.m. onwards, in addition to any damage incurred as a result.
Smoking is prohibited in all rooms and public areas of the building. In case of violation, the offending guest will be charged an extra cleaning fee of € 50.00. Should a violation of this smoking ban make it impossible to re-let the room due to a persistent odour nuisance, the hotel reserves the right to charge the violating guest the full amount of the loss of revenue, even after the guest's departure.
§ 4 Events
In order to enable careful preparation by the hotel, the contract partner shall notify the hotel of the final number of participants no later than three days before the start of the event. If the contract partner informs the hotel of a higher number of participants than agreed, this higher number of participants shall only become part of the contract if the hotel agrees thereto in writing. If the hotel does not agree in writing, the contracting party shall not be entitled to hold the event with a higher number of participants. If the hotel agrees, billing shall be based on the new agreement (with additional expenses, if applicable). The contracting party shall not be entitled to consent. Billing shall be based on the number of participants stipulated in the contract plus any persons registering later. If fewer participants actually take part in the event, this shall be irrelevant for the settlement.
If the agreed time for the start of the event is postponed, the hotel shall be entitled to charge the contract partner for all additional costs incurred as a result.
Reserved rooms shall only be available to the contracting party within the period agreed in writing. Use beyond this period shall require the hotel's written consent and shall generally only be granted against additional payment. The hotel reserves the right to make changes to rooms insofar as such changes are reasonable for the contract partner, taking into account the interests of the hotel.
For events lasting beyond 1:00 a.m., the hotel may, unless expressly agreed otherwise in writing, charge 250.00 euros per hour or part thereof. The contract partner shall be liable to the hotel for additional services provided to the event participants or to third parties in connection with the event.
The contract partner shall procure all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Any fees payable to third parties for the event, e.g. GEMA fees, entertainment tax, etc., shall be paid by the contracting party directly to the creditor without delay.
The contract partner shall be liable for the conduct of its employees, event participants and other auxiliary staff as for its own conduct. The hotel may require the contract partner to provide appropriate security (e.g. insurance, deposits, guarantees).
In order to prevent damage, the attachment and installation of decorative materials or other objects shall be agreed with the hotel in advance. Exhibits and other objects brought along shall be removed at the end of the event. If the contracting party fails to comply with this provision, the hotel shall have the right to remove and store such items at the hotel's expense. Transport packaging, outer packaging and all other packaging materials brought in shall be disposed of by the contract partner at his own expense. Disposal may be subject to a charge if the contract partner leaves the packaging behind after the end of the event. All items brought into the event, such as decorative materials and the like, must comply with all relevant regulations.
The hotel does not provide insurance cover for items brought into the hotel. The conclusion of any necessary insurance shall be the sole responsibility of the contracting party.
Faults or defects in facilities provided by the hotel shall be remedied insofar as this is possible for the hotel. The contract partner may not derive any claims in this connection.
If the contract partner brings in his own electrical equipment, the hotel management's consent shall be required before connection to the power grid. The electricity consumption incurred shall be charged in accordance with the valid provision and working prices as charged to the hotel by the utility company. The hotel is free to charge a flat rate. Any malfunctions or defects in the hotel's technical equipment caused by connection shall be borne by the contract partner.
With the consent of the hotel, the contract partner is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this. If suitable hotel facilities remain unused as a result, the hotel may charge a cancellation fee.
If the hotel procures technical or other equipment from third parties for the contracting party, the hotel shall act in the name and for the account of the contracting party; the contracting party shall be liable for the careful handling and proper return of such equipment and shall indemnify the hotel against all claims of third parties upon first written request. Liability on the part of the hotel due to untimely procurement or defectiveness of the procured facilities is excluded.
As a general rule, the contracting party may not bring food and beverages to the events. In special cases (e.g. national specialities, etc.), a written agreement may be reached to this effect. In such cases, a general expense fee shall be charged less the pro rata cost of the goods. In the event of non-compliance, the hotel shall be entitled to claim a flat-rate amount of damages per participant for the loss incurred which would have accrued to the hotel for the provision of the service. The hotel accepts no liability whatsoever for damage to health caused by the consumption of food and drink brought along.
Newspaper advertisements containing invitations to job interviews or sales events generally require the hotel's prior written consent. If publication takes place without consent, the hotel shall have the right to cancel the event.
Any type of advertising, information, invitations which establish a reference to the hotel, in particular by using the hotel name, shall require the prior written consent of the hotel.
§ 5 Provision of Services, Prices, Payments, Set-Off and Assignment
The prices of the respective services shall be determined in accordance with the Hotel's price list in effect at the time the services are provided. All prices are inclusive of the currently applicable statutory value-added tax. The prices do not include public charges such as
e.g. visitor's tax, cultural promotion tax (so-called "bed tax") etc. are not included in the prices. The aforementioned taxes shall be borne additionally by the contract partner. The respective amounts shall be invoiced separately. Increases in value added tax shall be borne by the contract partner. If the period between conclusion of the contract and the first contractual service exceeds 120 days, the hotel shall be entitled to increase prices by up to a maximum of 15%. Subsequent changes to the services may lead to changes in the prices. The hotel shall be entitled to demand an advance payment or security deposit of up to 100% of the contracting party's total payment obligation from the contracting party upon conclusion of the contract. The amount of the advance payment and the payment dates may be stipulated in the contract.
Invoices are generally payable immediately in cash or by credit card. The hotel is entitled to reject foreign currency, cheques and credit cards. Vouchers from tour operators shall only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund of unused services is excluded.
The hotel's claim for payment is due without deduction immediately after receipt of the respective invoice. An invoice shall be deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless proof of earlier receipt can be provided. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest applicable at the time.
The issue of a total invoice shall not release the customer from the obligation to pay the individual invoices in due time. A delay in payment of even one individual invoice shall entitle the hotel to withhold all further and future services and to make the performance of the services dependent on the provision of security in the amount of up to 100% of the outstanding payment.
A reminder fee of 5.00 euros shall be due for each reminder. All further collection costs incurred shall be borne by the contractual partner.
The contracting party may only offset a claim of the hotel if its claim is undisputed or has been finally adjudicated. This shall apply mutatis mutandis to the exercise of a right of retention on account of the contract partner's own claims. Claims and other rights may only be assigned with the written consent of the hotel.
If the contracting party uses a credit card for the payment of hotel services requiring advance payment (e.g. general orders with advance payment, guaranteed bookings or vouchers) without physically presenting such credit card (e.g. via telephone, Internet or the like), the contracting party shall not be entitled in relation to the hotel to revoke such charge vis-à-vis its credit card institution.
§ 6 Cancellation of services / reduction of services
Reservations made by the contract partner are binding for both contract partners after acceptance by the hotel. In the event of cancellation or reduction by the contract partner, the contract partner shall pay the following damages:
No compensation if the hotel receives the written cancellation or reduction by the contractually agreed time before the start of the service period.
Compensation in the amount of 80% of the value of the ordered services for the first 3 nights booked if the written cancellation or reduction is received by the hotel less than the contractually agreed time before the start of the service period.
In the event of cancellation on the day of arrival or a no-show, 100% of the accommodation price will be charged for the 1st night and 80% for a maximum of 2 subsequent nights booked. In the event of a no-show, the entitlement to booked subsequent nights shall lapse.
For group reservations (5 rooms or more), separate cancellation deadlines apply, which are contractually agreed in each case. If rooms were booked individually by the same booker for the same period, the hotel is also entitled to subsequently assert separate cancellation deadlines.
Compensation in the amount of 100% of the value of the services ordered when booking the HotDeal rate.
The contracting party shall be entitled to prove that the damage suffered by the hotel is non-existent or lower.
The above-mentioned deadlines apply equally to the hotel without affecting the provisions of § 7 of these GTC.
§ 7 Rescission / Termination by the Hotel
In accordance with the statutory provisions, the hotel is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) if
the contract partner fails to perform a due service.
the performance of the contract is impossible due to force majeure, strike or other circumstances for which the hotel is not responsible.
the contract partner makes misleading or false statements about essential data.
the contract partner uses the name of the hotel in advertising without prior written consent.
rooms which are the subject matter of the contract are sublet in whole or in part without the written consent of the hotel.
the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardise the smooth operation of the business, the safety or the reputation of the hotel in the public.
The hotel shall notify the contracting party of the exercise of the cancellation/termination in writing without delay, at the latest within 14 days of the reason becoming known. The cancellation of the contract by the hotel shall not give rise to any claims by the contract partner for damages or other compensation. A claim by the hotel for compensation for damages incurred and expenses incurred by it shall remain unaffected in the event of justified termination of the contract.
§ 8 Liability of the hotel, objects brought in, statute of limitations
The hotel shall in principle be liable for all legal and contractual claims only in the event of intentional or grossly negligent conduct.
By way of exception, the hotel shall be liable for slight negligence in the case of damages
In such cases, liability shall be limited to the foreseeable damage typical for the contract.
due to injury to life, body and health.
Liability of the hotel for consequential or indirect damages is excluded.
Exclusions and limitations of liability shall apply in the same way in favour of all companies employed by the hotel to fulfil its contractual obligations, their subcontractors and vicarious agents. They shall not apply if the hotel assumes a guarantee for the quality of an item or a work or in the case of fraudulently concealed defects.
The contract partner shall be obliged to notify the hotel of any recognisable defects without delay, at the latest upon departure.
The statutory provisions of §§701 et seq. of the German Civil Code shall apply to items brought in by the contract partner.
Vehicles parked on the hotel premises, even against payment, do not constitute a safekeeping contract. The hotel shall not be liable for damage to or loss of vehicles parked on the hotel premises and their contents.
Items left behind by the contracting party / overnight guest will only be forwarded at the request, risk and expense of the contracting party. The hotel shall store the items for 6 months and charge an appropriate fee for this. After this period, the items will be handed over to the local lost property office if there is a recognisable value.
All claims of the contract partner against the hotel arising from or in connection with the contract shall become statute-barred after the expiry of one year, beginning with the end of the year in which the claim arose and the contract partner became aware of the circumstances giving rise to the claim or should have become aware without gross negligence.
§ 9 Additional provisions for package travel contracts
If, in addition to providing board and lodging, the hotel's obligation to perform consists of organising a leisure programme as its own paid service, this shall constitute a so-called package tour contract.
The contracting party may not assert any claims due to changes, deviations or reductions of individual services within the scope of a package tour contract which become necessary after conclusion of the contract if they are merely insignificant.
If agreed and provided services are not used by the contract partner, a reduction or refund of the total fee is not possible.
The hotel shall not be liable for damage suffered by the contract partner on the occasion of the use of a special service provided by a third party. In this respect, the contract partner is referred to the enforcement of his claims against the respective organiser of the special service.
§ 10 Place of performance and payment, place of jurisdiction, collateral agreements, partial invalidity
The place of performance and payment for both parties is the registered office of the hotel.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
With the exception of private end consumers, the registered office of the hotel is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract.
Ancillary agreements, amendments or supplements to these General Terms and Conditions must be made in writing. Unilateral amendments and supplements by the contracting party shall be ineffective.
Should individual provisions of these general terms and conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the meaning of the invalid provision. In all other respects, the statutory provisions shall apply.
§ 11 Technical facilities and connections
The guest shall be liable for damage caused by electronic equipment brought into the hotel by the guest. The hotel shall not be liable for damage caused by electronic equipment brought into the hotel by the guest unless the hotel is guilty of gross negligence or wilful (contributory) negligence. Insofar as the hotel procures technical and other equipment from third parties for the guest at the guest's instigation, it shall act in the name of, on the authority of and for the account of the guest. The guest shall be liable for careful handling and proper return. The guest shall indemnify the hotel against all claims of third parties arising from the provision of such facilities.
The use of the guest's own electrical equipment using the hotel's power supply system requires the guest's consent. Any malfunctions or damage to the hotel's technical equipment resulting from the use of such equipment shall be borne by the guest and the guest shall be liable therefor insofar as the hotel is not responsible for such malfunctions or damage. The hotel may record and charge for the electricity costs arising from such use on a flat-rate basis.
Faults in technical or other facilities provided by the hotel shall be remedied immediately where possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.
Wilhelmshaven, June 2023
§ 1 Scope of Application
These General Terms and Conditions (GTC) shall apply to all services provided by Fliegerdeich GmbH & Co. KG (hereinafter referred to as "Hotel") to the guest, the organiser or other contractual partners (hereinafter referred to as "Contractual Partner"). The services shall consist in particular in the provision, against payment, of the use of hotel rooms and other premises for e.g. seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organisation of sporting events and other programmes, the implementation of special health-promoting measures or comparable offers, as well as for all other related services and supplies of the hotel. The hotel is entitled to have its services performed by third parties.
These GTC apply to all types of contracts such as hotel accommodation, package tour, contingent or event contracts concluded with the hotel. The GTC shall also apply to all future transactions with the contract partner.
The contracting party's GTC shall not apply, even if the hotel does not expressly object to them. Counter-confirmations by the contracting party referring to its GTC are hereby objected to.
§ 2 Conclusion of contract
The respective contract shall be concluded in principle upon oral or written application by the contracting party and acceptance by the hotel. The hotel shall be free to accept the application in writing, orally, in text form (e-mail, fax) or conclusively by providing the service.
If the contracting party concludes a so-called contingent contract, the contracting party shall be liable for all damages culpably caused by the end user.
Subletting or reletting or the use of the rooms provided free of charge by third parties as well as the use for other than accommodation purposes shall only be permitted if expressly authorised by the hotel. The hotel may grant a written exception here at its own discretion upon request.
§ 3 Room use, room handover, departure, smoking ban
The rooms are made available exclusively for accommodation purposes. Pets may only be brought into the room with the prior consent of the hotel and at a separate charge.
The contract partner shall be liable to the hotel for all damage caused by him or by third parties who receive the hotel's services at his instigation.
The contract partner has no claim to the use of specific rooms. If rooms are not available in the hotel, the hotel shall inform the contract partner thereof without delay and offer an equivalent substitute in a nearby hotel of the same category. If the contract partner refuses, the hotel shall immediately reimburse the contract partner for services rendered.
Booked rooms shall be available to the contract partner from 3:00 p.m. on the day of arrival. The contract partner shall not be entitled to earlier availability. Unless otherwise agreed, the hotel shall have the right to assign booked rooms to other parties after 6:00 p.m. without the contracting party being able to derive any rights or claims therefrom.
The rooms must be vacated by 11:00 a.m. at the latest on the day of departure. After this time, the hotel may charge 25% of the overnight rate for the additional use of the room until 2:30 p.m., 80% from 3:00 p.m. and 100% of the overnight rate (daily rate) from 5:00 p.m. onwards, in addition to any damage incurred as a result.
Smoking is prohibited in all rooms and public areas of the building. In case of violation, the offending guest will be charged an extra cleaning fee of € 50.00. Should a violation of this smoking ban make it impossible to re-let the room due to a persistent odour nuisance, the hotel reserves the right to charge the violating guest the full amount of the loss of revenue, even after the guest's departure.
§ 4 Events
In order to enable careful preparation by the hotel, the contract partner shall notify the hotel of the final number of participants no later than three days before the start of the event. If the contract partner informs the hotel of a higher number of participants than agreed, this higher number of participants shall only become part of the contract if the hotel agrees thereto in writing. If the hotel does not agree in writing, the contracting party shall not be entitled to hold the event with a higher number of participants. If the hotel agrees, billing shall be based on the new agreement (with additional expenses, if applicable). The contracting party shall not be entitled to consent. Billing shall be based on the number of participants stipulated in the contract plus any persons registering later. If fewer participants actually take part in the event, this shall be irrelevant for the settlement.
If the agreed time for the start of the event is postponed, the hotel shall be entitled to charge the contract partner for all additional costs incurred as a result.
Reserved rooms shall only be available to the contracting party within the period agreed in writing. Use beyond this period shall require the hotel's written consent and shall generally only be granted against additional payment. The hotel reserves the right to make changes to rooms insofar as such changes are reasonable for the contract partner, taking into account the interests of the hotel.
For events lasting beyond 1:00 a.m., the hotel may, unless expressly agreed otherwise in writing, charge 250.00 euros per hour or part thereof. The contract partner shall be liable to the hotel for additional services provided to the event participants or to third parties in connection with the event.
The contract partner shall procure all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Any fees payable to third parties for the event, e.g. GEMA fees, entertainment tax, etc., shall be paid by the contracting party directly to the creditor without delay.
The contract partner shall be liable for the conduct of its employees, event participants and other auxiliary staff as for its own conduct. The hotel may require the contract partner to provide appropriate security (e.g. insurance, deposits, guarantees).
In order to prevent damage, the attachment and installation of decorative materials or other objects shall be agreed with the hotel in advance. Exhibits and other objects brought along shall be removed at the end of the event. If the contracting party fails to comply with this provision, the hotel shall have the right to remove and store such items at the hotel's expense. Transport packaging, outer packaging and all other packaging materials brought in shall be disposed of by the contract partner at his own expense. Disposal may be subject to a charge if the contract partner leaves the packaging behind after the end of the event. All items brought into the event, such as decorative materials and the like, must comply with all relevant regulations.
The hotel does not provide insurance coverage for items brought into the hotel. The conclusion of any necessary insurance shall be the sole responsibility of the contracting party.
Faults or defects in facilities provided by the hotel shall be remedied insofar as this is possible for the hotel. The contract partner may not derive any claims in this connection.
If the contract partner brings in his own electrical equipment, the hotel management's consent shall be required before connection to the power grid. The electricity consumption incurred shall be charged in accordance with the valid provision and working prices as charged to the hotel by the utility company. The hotel is free to charge a flat rate. Any malfunctions or defects in the hotel's technical equipment caused by connection shall be borne by the contract partner.
With the consent of the hotel, the contract partner is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this. If suitable hotel facilities remain unused as a result, the hotel may charge a cancellation fee.
If the hotel procures technical or other equipment from third parties for the contracting party, the hotel shall act in the name and for the account of the contracting party; the contracting party shall be liable for the careful handling and proper return of such equipment and shall indemnify the hotel against all claims of third parties upon first written request. Liability on the part of the hotel due to untimely procurement or defectiveness of the procured facilities is excluded.
As a general rule, the contracting party may not bring food and beverages to the events. In special cases (e.g. national specialities, etc.), a written agreement may be reached to this effect. In such cases, a general expense fee shall be charged less the pro rata cost of the goods. In the event of non-compliance, the hotel shall be entitled to claim a flat-rate amount of damages per participant for the loss incurred which would have accrued to the hotel for the provision of the service. The hotel accepts no liability whatsoever for damage to health caused by the consumption of food and drink brought along.
Newspaper advertisements containing invitations to job interviews or sales events generally require the hotel's prior written consent. If publication takes place without consent, the hotel shall have the right to cancel the event.
Any type of advertising, information, invitations which establish a reference to the hotel, in particular by using the hotel name, shall require the prior written consent of the hotel.
§ 5 Provision of Services, Prices, Payments, Set-Off and Assignment
The prices of the respective services shall be determined in accordance with the Hotel's price list in effect at the time the services are provided. All prices are inclusive of the currently applicable statutory value-added tax. The prices do not include public charges such as
e.g. visitor's tax, cultural promotion tax (so-called "bed tax") etc. are not included in the prices. The aforementioned taxes shall be borne additionally by the contract partner. The respective amounts shall be invoiced separately. Increases in value added tax shall be borne by the contract partner. If the period between conclusion of the contract and the first contractual service exceeds 120 days, the hotel shall be entitled to increase prices by up to a maximum of 15%. Subsequent changes to the services may lead to changes in the prices. The hotel shall be entitled to demand an advance payment or security deposit of up to 100% of the contracting party's total payment obligation from the contracting party upon conclusion of the contract. The amount of the advance payment and the payment dates may be stipulated in the contract.
Invoices are generally payable immediately in cash or by credit card. The hotel is entitled to reject foreign currency, cheques and credit cards. Vouchers from tour operators shall only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund of unused services is excluded.
The hotel's claim for payment is due without deduction immediately after receipt of the respective invoice. An invoice shall be deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless proof of earlier receipt can be provided. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest applicable at the time.
The issue of a total invoice shall not release the customer from the obligation to pay the individual invoices in due time. A delay in payment of even one individual invoice shall entitle the hotel to withhold all further and future services and to make the performance of the services dependent on the provision of security in the amount of up to 100% of the outstanding payment.
A reminder fee of 5.00 euros shall be due for each reminder. All further collection costs incurred shall be borne by the contractual partner.
The contracting party may only offset a claim of the hotel if its claim is undisputed or has been finally adjudicated. This shall apply mutatis mutandis to the exercise of a right of retention on account of the contract partner's own claims. Claims and other rights may only be assigned with the written consent of the hotel.
If the contracting party uses a credit card for the payment of hotel services requiring advance payment (e.g. general orders with advance payment, guaranteed bookings or vouchers) without physically presenting such credit card (e.g. via telephone, Internet or the like), the contracting party shall not be entitled in relation to the hotel to revoke such charge vis-à-vis its credit card institution.
§ 6 Cancellation of services / reduction of services
Reservations made by the contract partner are binding for both contract partners after acceptance by the hotel. In the event of cancellation or reduction by the contract partner, the contract partner shall pay the following damages:
No compensation if the hotel receives the written cancellation or reduction by the contractually agreed time before the start of the service period.
Compensation in the amount of 80% of the value of the ordered services for the first 3 nights booked if the written cancellation or reduction is received by the hotel less than the contractually agreed time before the start of the service period.
In the event of cancellation on the day of arrival or a no-show, 100% of the accommodation price will be charged for the 1st night and 80% for a maximum of 2 subsequent nights booked. In the event of a no-show, the entitlement to booked subsequent nights shall lapse.
For group reservations (5 rooms or more), separate cancellation deadlines apply, which are contractually agreed in each case. If rooms were booked individually by the same booker for the same period, the hotel is also entitled to subsequently assert separate cancellation deadlines.
Compensation in the amount of 100% of the value of the services ordered when booking the HotDeal rate.
The contracting party shall be entitled to prove that the damage suffered by the hotel is non-existent or lower.
The above-mentioned deadlines apply equally to the hotel without affecting the provisions of § 7 of these GTC.
§ 7 Rescission / Termination by the Hotel
In accordance with the statutory provisions, the hotel is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) if
the contracting party fails to perform a due service.
the performance of the contract is impossible due to force majeure, strike or other circumstances for which the hotel is not responsible.
the contract partner makes misleading or false statements about essential data.
the contract partner uses the name of the hotel in advertising without prior written consent.
rooms which are the subject matter of the contract are sublet in whole or in part without the written consent of the hotel.
the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardise the smooth operation of the business, the safety or the reputation of the hotel in the public.
The hotel shall notify the contracting party of the exercise of the cancellation/termination in writing without delay, at the latest within 14 days of the reason becoming known. The cancellation of the contract by the hotel shall not give rise to any claims by the contract partner for damages or other compensation. A claim by the hotel for compensation for damages incurred and expenses incurred by it shall remain unaffected in the event of justified termination of the contract.
§ 8 Liability of the hotel, objects brought in, statute of limitations
The hotel shall in principle be liable for all legal and contractual claims only in the event of intentional or grossly negligent conduct.
By way of exception, the hotel shall be liable for slight negligence in the case of damages
In such cases, liability shall be limited to the foreseeable damage typical for the contract.
due to injury to life, body and health.
Liability of the hotel for consequential or indirect damages is excluded.
Exclusions and limitations of liability shall apply in the same way in favour of all companies employed by the hotel to fulfil its contractual obligations, their subcontractors and vicarious agents. They shall not apply if the hotel assumes a guarantee for the quality of an item or a work or in the case of fraudulently concealed defects.
The contract partner shall be obliged to notify the hotel of any recognisable defects without delay, at the latest upon departure.
The statutory provisions of §§701 et seq. of the German Civil Code shall apply to items brought in by the contract partner.
Vehicles parked on the hotel premises, even against payment, do not constitute a safekeeping contract. The hotel shall not be liable for damage to or loss of vehicles parked on the hotel premises and their contents.
Items left behind by the contracting party / overnight guest will only be forwarded at the request, risk and expense of the contracting party. The hotel shall keep the items for 6 months and charge an appropriate fee for this. After this period, the items will be handed over to the local lost property office if there is a recognisable value.
All claims of the contract partner against the hotel arising from or in connection with the contract shall become statute-barred after the expiry of one year, beginning with the end of the year in which the claim arose and the contract partner became aware of the circumstances giving rise to the claim or should have become aware without gross negligence.
§ 9 Additional provisions for package travel contracts
If, in addition to providing board and lodging, the hotel's obligation to perform consists of organising a leisure programme as its own paid service, this shall constitute a so-called package tour contract.
The contracting party may not assert any claims due to changes, deviations or reductions of individual services within the scope of a package tour contract which become necessary after conclusion of the contract if they are merely insignificant.
If agreed and provided services are not used by the contract partner, a reduction or refund of the total fee is not possible.
The hotel shall not be liable for damage suffered by the contract partner on the occasion of the use of a special service provided by a third party. In this respect, the contract partner is referred to the enforcement of his claims against the respective organiser of the special service.
§ 10 Place of performance and payment, place of jurisdiction, collateral agreements, partial invalidity
The place of performance and payment for both parties is the registered office of the hotel.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
With the exception of private end consumers, the registered office of the hotel is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract.
Ancillary agreements, amendments or supplements to these General Terms and Conditions must be made in writing. Unilateral amendments and supplements by the contracting party shall be ineffective.
Should individual provisions of these general terms and conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the meaning of the invalid provision. In all other respects, the statutory provisions shall apply.
§ 11 Technical facilities and connections
The guest shall be liable for damage caused by electronic equipment brought into the hotel by the guest. The hotel shall not be liable for damage caused by electronic equipment brought into the hotel by the guest unless the hotel is guilty of gross negligence or wilful (contributory) negligence. Insofar as the hotel procures technical and other equipment from third parties for the guest at the guest's instigation, it shall act in the name of, on the authority of and for the account of the guest. The guest shall be liable for careful handling and proper return. The guest shall indemnify the hotel against all claims of third parties arising from the provision of such facilities.
The use of the guest's own electrical equipment using the hotel's power supply system requires the guest's consent. Any malfunctions or damage to the hotel's technical equipment resulting from the use of such equipment shall be borne by the guest and the guest shall be liable therefor insofar as the hotel is not responsible for such malfunctions or damage. The hotel may charge a flat rate for the electricity costs incurred by such use.
Faults in technical or other facilities provided by the hotel shall be remedied immediately where possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for such disruptions.
Wilhelmshaven, June 2023