General terms and conditions for BEST WESTERN Hotel des Nordens GmbH
This company is a licensee of Best Western GmbH and is run independently, in its own name and for its own account, by the respective operating company:
Hotel des Nordens GmbH
Hotels by HR Hotel des Nordens GmbH, located in: Berlin
Hauptstrasse 66 · 12159 Berlin
Registry Court: District Court Flensburg
Managing Director: Mr. Ruslan Husry
VAT No .: DE262929235
These terms and conditions apply for contracts related to hotel room rental with a view to accommodation, as well as all other services and deliveries provided to the customer by the hotel in this context (hotel accommodation agreement). The term "hotel accommodation agreement" comprises and replaces the following terms: Accommodation, guest reception, hotel and hotel room agreement. The prior written consent of the hotel is required if rooms provided are to be sublet or rented to other parties or used for other purposes than accommodation. These terms and conditions apply if there is no previous written agreement stipulating otherwise.
2 Contract signing, partners, limitations
Contract partners are the hotel and the customers. The contract comes into being through the hotel's acceptance of the customer request. The hotel may choose to confirm room reservations in writing. All claims against the hotel are limited in principle to one year starting from the legal limitation deadline. Damage compensation claims are noticeably limited to five years on condition that their grounds are not dangers to the life, body, health or liberty of people. These damage compensation claims are noticeably limited to ten years. Reduced limitations do not apply for claims grounded on an intentional infringement or on the gross negligence of the hotel. If the customer closes a so-called quota contract, the customer is liable for all damages for which the end beneficiary carries the blame.
3 Services, prices, payment, invoicing
The hotel is obliged to provide the rooms and the agreed services booked by the customer. The customer is obliged to pay for the provided rooms and the related additional services at the prices agreed with the hotel resp. the currently hotel valid prices. Additional services such as telephone, drinks etc. are not included in the room price and they are to be paid after the issuance of the interim settlement or final invoice. The same applies for services requested by the customer or purchased directly or via the hotel that are performed by third parties and disbursed by the hotel. The agreed prices are to be understood to include the taxes and local duties applicable upon contract signing. Due local fees to be paid by the guest directly according to the communal law, e.g. cure fees, are not included. When the legal profit tax changes or new local duties related to the contract object are introduced, modified or eliminated after the signing of the contract, the prices shall be adjusted accordingly. The hotel may agree to the later reduction in the number of rooms booked by the customer or can link the hotel services or the duration of the customer's stay to a higher room price and/or higher prices for other hotel services. Hotel invoices are to be paid without delay, right after invoice entry, without deductions. The customer is considered to be late with the payment if they do not pay it within maximum 8 days from the due date and invoice entry. For every reminder after entering the delay the hotel may charge a fine of 10.00 EUR. In case of payment delay the hotel has the right to claim the legally applicable interest. The hotel has the right to prove a possibly higher damage. Upon the signing of the contract the hotel has the right to request from the customer a reasonable advance payment or guarantee, for example a credit card guarantee. In justified cases, e.g. if the customer's payments are delayed or if the contract scope is extended, the hotel has the right to ask for an advance payment or a guarantee at the beginning of the stay or to request the increase of the advance payment or guarantee agreed in the contract until the payment is made in full. Further, the hotel has the right to ask for a reasonable advance payment or guarantee at the beginning and during the stay for current and future services that are not included in the contract, unless such payment has already been made. The customer can only compensate or settle the hotel claim with an indisputable and legally valid claim. If the customer uses a credit card for payment without presenting it physically, the customer is not entitled to revoke the credit card institute the payment to the hotel. All payments, cash, invoice or credit/debitcards (Except company issued Credit/Debitcards), will be charged an environmetal charge of 0,85 % of the transaction value. All company issued Credit/Debitcards will be charged a transaction fee of 2,32 % of the transaction value (Incl. environmental fee). The fee will be itemized on your receipt.
4 Customer's withdrawal - cancellation, revocation / non-take-up of hotel services / no show
The cost-free revocation option for up to 2 rooms is possible until 24 hours before arrival (until 15:00 o'clock on the day before the arrival). Otherwise customer revocation of the contract closed with the hotel is only possible if the contract stipulates a revocation right explicitly, another legal revocation right applies or if the hotel explicitly agrees to the contract cancellation. The revocation right and similar provisions regarding contract cancellation shall be agreed in writing. If no revocation right is agreed or it has just expired, the legal revocation or cancellation right does not apply either and if the hotel does not agree with the contract cancellation, the hotel shall maintain their claim for the agreed payment even if the service is not taken up. In this case, the customer is obliged to pay 90% of the booked service. The customer may not be reimbursed for services to which they were entitled but did not take up.
5 Withdrawal of the hotel
As long as it has been agreed that the customer can withdraw from the contract free of charge within a certain deadline, the hotel has in its turn the right to withdraw from the contract within the same deadline if it has requests from other customers and the customer having made the reservation by contract does not renounce their right of withdrawal within a reasonable deadline. If no agreed or requested advance payment or guarantee is provided after the lapse of a reasonable deadline established by the hotel, the hotel also has the right to withdraw from the contract. Further, the hotel has the right to withdraw from the contract under exceptional circumstances, based on objectively justified grounds, especially in case of an act of God or other circumstances for which the hotel does not bear any responsibility and which make the provision of contract services impossible, if rooms or other spaces are booked illegally under misleading or false information or under fraudulent concealment of facts; essentially, these false data may relate to the customer's identity, solvency or the purpose of the stay if the hotel has justified reasons to consider that the use of the services may affect the good functioning of the business, the safety and the public image of the hotel without any fault of the hotel at the level of the management or organisation, if the purpose resp. the occasion of the stay is illegal. The valid revocation by the hotel does not justify customer claims for damage compensation.
6 Provision, handing over and return of the rooms
The customer shall not claim the provision of certain rooms as long as this was not explicitly agreed previously. Booked rooms are at the customer's disposal starting with/at 15:00 on the agreed date of arrival. The customer shall not claim the rooms earlier than this time. On the day of the agreed departure the hotel rooms must be vacated at 11:00 the latest. After this hour the hotel is entitled to charge 50% of the total lodging rate (listed rate) for the delayed check-out as contract-exceeding use until 15:00 h. After 15:00 h the hotel has the right to charge the customer the full lodging rate. The customer may not use this to justify contract claims. The customer has the freedom to bring evidence that the hotel has no claim or less to claim regarding the payment for the exceeding use.
The hotel is liable for damages they produce affecting the life, body or the health of persons. Further, the hotel takes responsibility for other damages generated by intentional infringement or gross negligence in fulfilling their obligations resp. the contract-specific obligations of the hotel. Infringements on the part of the hotel also include infringements by its legal representatives or execution contractors. Further damage claims are excluded, unless stipulated otherwise under this chapter 7. If hotel services are affected by failures or deficiencies, the hotel shall inform the customer as soon as possible or react as quickly as possible to remedy the deficiency signalled by the customer. The customer is obliged to do their reasonably best to help remedy the deficiency and limit possible damages. The customers are liable for all damages produced by them, their guests or other persons for who they are responsible. If the customer culpably omits to inform the hotel with regard to a deficiency, the claim for the reduction of the due amount agreed in the contract shall not apply. For brought items the hotel is liable to the customer within the legal provisions. There is no liability for money and valuable items. The hotel recommends the use of the hotel safe at the reception for depositing money and valuable items. If the customer is provided with a parking place in the hotel garage or on the hotel's parking lot, also against payment, this does not result in a contract of secure custody. The hotel shall not be held liable for lost or damaged vehicles parked on its premises, nor for the content of such vehicles, as long as the hotel and its execution contractors are not liable for intentional actions or negligence. In the latter case the claim against the hotel must be raised when checking out at the latest. Wake-up services are performed by the hotel with utmost care. Messages, post and item deliveries for the guests are handled very carefully. The hotel can deliver, keep and - if so requested - forward such items against payment. The hotel does not bear any responsibilities in this case. For items left with the reception for dry cleaning the hotel does not bear any responsibility. If the hotel provides services or technical or other appliances from third parties, it acts on the behalf of the customer/guest and at the latter's cost. The customer is liable for the careful handling and orderly return of such appliances and frees the hotel of all possible third-party claims resulting from the provision of the appliances.
8 Specific indications
Animals are not allowed in the hotel. It is prohibited to cook in the rooms without a kitchen. The hotel has the right to request the customer to reduce or stop unreasonable noise. The customer is obliged to respond to such request. Every offence against common decency by the guest entitles the hotel to immediately terminate the contract while maintaining their contractual claims for the booked interval. The hotel shall be reimbursed for damages proven to exceed the scope of the contract. The items left in the hotel are sent to the customer only upon request against the necessary fees. The hotel obliges itself to keep the items for 6 months. In case of loss/damaging of the room key the customer shall be charged EUR 15.00. If a customer does not observe the instructions for non-smoker areas, as well as the non-smoker signs inside the respective room, the hotel shall charge a cleaning flat-rate amount of EUR 100.00 per room. The customer is solely liable for all the costs of about EUR 700.00 for triggering the fire/smoke detector and the related intervention of the fire-fighters.
9 Final provisions
Modifications and additions to the contract, the order acceptance or these General Terms and Conditions shall be done in written form. Unilateral modifications or additions by the customer are invalid. The place of service provision, of payment as well as of the exclusive competent court – including for check and currency exchange – in commercial relations is the hotel location. If a contract partner fulfils the condition under § 38 para 2 of the Civil Process Order and has no general place of jurisdiction within the Federal Republic of Germany, the competent court is considered to be the jurisdiction of the hotel's registered office. The German law applies. The application of the UN commercial law and of the conflict-of-law rules is excluded. If one or several individual provisions in these General Terms and Conditions fall or become null, the validity of the remaining provisions is not affected thereby. In all other respects statutory provisions shall apply.