1. Scope
1.1    These terms and conditions apply to all services of the hotel, in particular to the remunerated
Provision of hotel rooms, conference- banquet rooms, other premises and items as well as for all further services and deliveries of the hotel provided to the customer in this context (hereinafter also comprehensively: hotel services).
1.2    Any terms and conditions of the customer shall not be recognized.
1.3    Subletting or further letting as well as any other use of the premises for accommodation purposes require the prior consent of the hotel in text form. Insofar as the customer is not a consumer, Section 540(1) sentence 2 of the German Civil Code (BGB) is waived.

2.     Conclusion of contract
2.1    Contracting parties are the customer and the hotel. The customer must have reached the age of 18.
2.2    In the case of the exclusive booking of a hotel room or any other single hotel service (single-service booking), the contract is concluded by the hotel's acceptance of the booking application. Acceptance may be without formalities, that is in particular also orally or by telephone. A booking notification from the hotel in written or text form following a contract concluded orally or by telephone merely confirms the conclusion of the contract.
2.3 When booking a combination of at least two different types of travel services for the purpose of the same trip (package tour), the contract is concluded by payment of the deposit specified in the confirmation letter by the customer or by the submission of the customer's credit card number. Any discrepancies must be reported to the hotel no later than 14 days after receipt of the contract. For short-term bookings up to 4 weeks before arrival, confirmation is effected by the customer's signature or by full payment of the service amount. For group bookings or conferences and events, the contract is concluded by the customer's written confirmation of the offer.

3.    Services, Prices, Payment, Set-off
3.1    The hotel is obliged to provide the hotel services booked by the customer. Should reserved rooms and/or premises, for whatever reason, not be available, the hotel is entitled and obliged to provide an equivalent replacement.
3.2    The customer is obliged to pay the hotel price agreed / applicable for the booked hotel services. This also applies to services and expenses of the hotel to third parties initiated by the customer.
3.3    The hotel can unilaterally increase the price if the increase in the price directly arises from something that occurred after the conclusion of the contract
a) Increase of the price for the transport of passengers due to higher costs for fuel or other energy sources,
b)    Increase of taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or
c)    Change of the exchange rates applicable to the package tour in question.
3.4    A price increase is only effective if the customer has been informed of it no later than spätestens 20 Tage vor Reisebeginn. The hotel will inform the customer on a durable medium clearly and understandably about the price increase and its reasons and will communicate the calculation of the price increase. The customer, in turn, may demand a reduction of the travel price if and insofar as the circumstances and facts that became the basis of the contract have changed after the conclusion of the contract and before the start of the trip and this leads to lower costs for the hotel. If the customer has paid more than the amount thereby owed, the hotel is obliged to refund the excess amount. However, it may deduct from the amount to be refunded the administrative expenses actually incurred. If the price increase specified in the contract pursuant to § 651 f Abs. 1 BGB exceeds 8 % of the travel price, the hotel may offer the customer a corresponding price increase and require that the customer, within a reasonable period determined by the hotel, either accepts the offer of a price increase or declares withdrawal from the contract. If the customer does not respond or does not respond within the set period, the communicated price increase shall be deemed accepted. The customer must be informed of this in the aforementioned notice of the price increase in a clear, understandable and prominent manner.
3.5    The prices may furthermore be changed by the hotel if the customer subsequently requests changes to the number of booked rooms, the hotel's services, or the guests' length of stay and the hotel agrees to them.
3.6    Invoices from the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to charge interest at a rate of 9 percentage points above the respective base rate or the corresponding successor rate of the European Central Bank. The customer remains entitled to prove a lower loss, the hotel the right to prove a higher loss.
3.7    By providing an e-mail address, the customer agrees that the invoice may be transmitted to him electronically.
3.8 If no other agreements regarding the hotel services have been made, a deposit (Deposit) in the amount of 80% of the expected invoice total is to be paid.
3.9    The customer may only offset or set off against a claim of the hotel with an undisputed or final and binding claim.
3.10     In the event that a spa tax, tourism or cultural promotion levy („bed tax“) or comparable charges are imposed, these are to be paid separately by the guest in accordance with the applicable conditions.
3.11    All payments are due in euros. The hotel is entitled to refuse foreign currencies, checks and credit cards. A commission surcharge of 10% will be charged on expenses and third‑party services when settled by credit card.
3.12    For each reminder after default has occurred, the customer shall reimburse the hotel for reminder fees in the amount of €5.00. The customer is free to prove that no costs or only significantly lower costs were incurred. For customers who are not consumers, the hotel may instead assert the claim under Section 288 (5) of the German Civil Code (BGB).
3.13    For rebookings by the customer, a processing fee in the amount of 20,00 € may be charged.
This processing fee applies exclusively to individual hotel overnight stays. Private or business events are excluded from this.

3.14    Commission claims must be submitted to the hotel within 30 days. Should this deadline not be met, any commission claims will lapse.

4.    Customer cancellation (order cancellation, cancellation, trip cancellation insurance)
4.1    For a booked package holiday, the customer may withdraw from the contract in writing at any time in accordance with the conditions set out below. In this case, or if the customer does not commence the trip, the hotel loses its claim to the price of the trip and may instead demand reasonable compensation, unless the withdrawal is the hotel's responsibility or unavoidable, extraordinary circumstances occur that significantly impair the performance of the contract. Circumstances are unavoidable and extraordinary if they are beyond the hotel's control and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.2    The amount of the aforementioned compensation for package holidays is determined by the price minus the expenses saved by the hotel and minus what is obtained through alternative utilization of the travel service. The hotel has established the following flat-rate compensation amounts taking into account the period between the declaration of withdrawal and the start of the trip, as well as the expected savings in expenses and the expected proceeds from alternative use of the travel service.
The compensations resulting from this are calculated as follows:

For room reservations of fewer than 9 rooms, the following conditions apply.
Individual reservations:                  
5-8 rooms     Free of charge 10 days prior                            
2-4 rooms     Free of charge 5 days in advance                              
1 room        Free of charge 2 days in advance                              

For package tours and arrangement reservations of fewer than 9 rooms:
5-8 rooms     Free of charge 21 days before
2-4 rooms     Free of charge 12 Tage in advance
1 room          7 Tage beforehand free of charge

After the free cancellation period has expired, the rooms will be charged at 90 %.
The following conditions apply to room reservations during trade fair periods for fewer than 9 rooms:
•    After signing the contract until the 6th month before the agreed arrival date we charge 20% of the service price;
•    Between the 6th month and up to the 3rd month before the agreed arrival day we charge 40 % of the service price;
•    Between the 3rd month and up to the 1st month before the agreed arrival date we charge 60% of the service price;
•    Between the 1st month and up to the day of arrival before the agreed arrival day we charge 90% of the service price;

•    For room reservations of 9 rooms or more during trade fair periods, special cancellation conditions apply; these are listed separately in the contract.
4.3         For room reservations and package tours  Between 9 and 25 rooms the following conditions apply: (outside trade fair periods)
For a number of rooms of 9-25:
•    From signing the contract until the 4th month before the agreed arrival date we charge 10% of the service price;
•    Between the 4. Monat and up to the 2. Monat before the agreed arrival date we charge 20 % of the service price;
•    Between the 2nd month and up to the 1st month before the agreed arrival day we charge 50% of the service price;
•    Between the 1st month and up to the 14th day before the agreed arrival date we charge 80 % of the service price;
•    Between the 14. Tag and until the Anreisetag we charge 90 % of the service price.

4.4         The following conditions apply to room reservations and package tours of between 26 and 60 rooms:
•    After signing the contract until the 8th month before the agreed arrival day we charge 10 % of the  performance price;
•    Between the 8th month and until the 4th month before the agreed day of arrival we charge 20 % of the  of the performance award;
•    Between the 4th month and up to the 2nd month before the agreed arrival date we charge 50 % of the service price;
•    Between the 2. Monat and until the 1. Monat before the agreed arrival day we charge 80 % of the service price;
•    Calculate between the 1st month and up to the agreed arrival day
we 90 % of the service price;

4.5         For room reservations and package tours of 61 rooms or more, the following conditions apply:
•    After signing the contract up to the 12th month before the agreed arrival date we charge 10 % of the service price;
•    Between the 12.Monat and up to the 8. Monat before the agreed arrival date we charge 20 % of the service price;
•    Between the 8th month and up to the 4th month before the agreed arrival day we charge 50 % of the service price;
•    From the 4th month up to the 2nd month before the agreed arrival date we charge 80% of the service price;
•    Between the 2. Monat and until the arrival day before the agreed arrival day we charge 90 % of the  of the performance prize

4.6         For events including or excluding rooms:
•    From signing the contract until the 12th month before the agreed arrival/event day we charge 20% of the service price;
•    Between the 12th month and up to the 6th month before the agreed arrival-/event day we charge you 40 % of the service price;
•    Between the 6. Monat and up to the 3. Monat before the agreed arrival-/event day we will charge you 60 % of the service price;
•    Between the 3. Monat and up to the 1. Monat before the agreed arrival-/event day we charge you 80% of the service price;
•    Between the 1. Monat and up to the agreed arrival-/event day we will charge you 90% of the service price.
If no service price has been set in advance, the minimum menu price in the amount of €39.50 applies.  per person.

4.7    Non-arrivals = No-shows without prior cancellation will be charged at 100%.
4.8    The cancellation conditions apply to the originally booked scope of services.
4.9    The customer is in any case entitled to prove that the reasonable compensation to which the hotel is entitled is lower than claimed.
4.10    The hotel reserves the right to claim, instead of the lump-sum compensations, a higher, individually calculated compensation, insofar as the hotel can prove that the hotel has incurred substantially higher expenses than the said lump-sum compensation.
4.11    The customer's statutory right, pursuant to § 651 e BGB, to require the hotel to allow a third party to step into the rights and obligations arising from the package travel contract in his stead remains unaffected by the foregoing conditions. Such a declaration must be made to the hotel at least 7 days before the start of the trip.
4.12    If a customer wishes to terminate the contract/package travel contract due to a travel defect of the type referred to in § 651 i para. 2 BGB, provided it is significant, pursuant to § 651 l BGB, he must first set the hotel a reasonable deadline to remedy it. This only does not apply if the remedy is refused or if it is necessary for the remedy.

5. Withdrawal by the Hotel
5.1    If the customer's right of withdrawal has been agreed in writing within a specified period, the hotel is in turn entitled during that period to withdraw from the contract if inquiries from other customers for the contractually booked rooms exist and the customer does not waive his right of withdrawal upon the hotel's request
5.2    If an agreed prepayment is not made even after the expiry of a reasonable grace period set by the hotel with a threat of refusal, the hotel is likewise entitled to withdraw from the contract.
5.3    Furthermore, the hotel is entitled to withdraw from the contract if unavoidable, extraordinary circumstances make the fulfillment of the contract impossible; rooms were booked under misleading or false indication of material facts, e.g., concerning the identity of the customer or the purpose, or the hotel has reasonable grounds to believe that the utilization of the hotel's services may jeopardize the smooth running of business operations, the safety, or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization.
5.4    If, in the case of a booking for a single service, an agreed advance payment is not made even after the expiry of a reasonable grace period set by the hotel with a threat of refusal, the hotel shall also be entitled to withdraw from the contract. Claims for damages by the hotel remain unaffected in this case.
5.5    The hotel is entitled, in the case of a single-service booking and here in the event of extraordinary and unavoidable circumstances, to withdraw from the contract. Such circumstances are in particular present in cases of force majeure, measures of industrial action, a pandemic, or unavoidable statutory/administrative measures which need not have been issued by an individual order directed at the hotel.
5.6    A claim for damages by the customer is excluded in the event of a justified withdrawal by the hotel.

6.    Provision, handover, return of premises
6.1    The customer acquires no entitlement to the provision of specific rooms/premises, unless this has been expressly agreed.
6.2    Booked rooms are available to the customer at the Hotel from 14:00 Uhr. They must be vacated on the day of departure by no later than 10:00 Uhr. In the event of a later departure after 10:00 Uhr, the Hotel reserves the right to charge additional costs.
6.3    Unless a later arrival time has been expressly agreed, the hotel has the right to reassign booked rooms after 6:00 p.m. without the guest being able to derive any claim from this.
6.4    The hotel has exclusively non-smoking rooms. It is therefore prohibited to smoke, both in the public areas, as well as in these guest rooms. The hotel has partially established separate locations for smoking. In the event of a violation, the hotel has the right to claim from the guest as compensation for the separatelyto demand an amount of 150,00 € for the cleaning costs to be incurred, including any loss of revenue resulting from the room not being able to be rented out as a result. This amount of compensation shall be set higher or lower if the hotel proves a higher loss or the customer proves a lower loss.
6.5    A customer's entitlement after conclusion of the contract to a change regarding the travel date, the location or similar does not exist (rebooking). For package travel this does not apply if the rebooking is necessary because the hotel provided no, insufficient or incorrect pre-contractual information to the customer in accordance with Article 250 § 3 EGBGB; in that case rebooking is possible free of charge.
6.6    If the customer in a package holiday does not make use of individual travel services, the proper provision of which the hotel was prepared and able to provide, for reasons attributable to the customer, he has no claim to a proportional refund of the travel price, insofar as such reasons would not have entitled him under statutory provisions to withdraw from or to terminate the travel contract free of charge. The hotel will endeavor to obtain reimbursement of the saved expenses from the service providers. This obligation ceases to apply if the expenses are completely negligible.

7.    Liability of the Hotel
7.1    The hotel is liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, the hotel is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel, and for damages that are based on an intentional or negligent breach of the hotel's contractual duties. Contract-typical duties are those obligations that make the proper performance of the contract possible in the first place and on whose fulfillment the customer relies and is entitled to rely. A breach of duty by the hotel's legal representative or vicarious agent is equivalent to a breach by the hotel. Further claims for damages are excluded, unless otherwise provided in this Clause 7.
7.2    In package tours the hotel's liability for such damages is limited to three times the price of the trip, which are not bodily injuries and were not culpably caused. Claims possibly exceeding that under international conventions or under statutory provisions based on such conventions remain unaffected by the limitation.
7.3    Items left behind by the customer will only be forwarded on request, at the customer's expense and risk. The hotel keeps the items for 6 months and charges a reasonable fee.
7.4    Insofar as a parking space in the hotel car park is made available to the guest, even for a fee, this does not give rise to a contract of safekeeping. The hotel is not liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, except in cases of intent or gross negligence. This also applies to the hotel's vicarious agents.
7.5    Wake-up calls are carried out by the hotel with the utmost care. Claims for damages are excluded, except in cases of gross negligence or willful misconduct.
7.6 Messages, mail and consignments of goods for guests are handled with care. The hotel assumes delivery, safekeeping and - upon request - for a fee the forwarding of the same. Claims for damages, except in cases of gross negligence or intent, are excluded.
7.7    The hotel is liable for items brought in by the guest in accordance with statutory provisions. It is recommended to use the hotel or room safe. If the guest wishes to bring in cash, securities and valuables with a total value of more than €1,000.00 or other items with a total value of more than €3,500.00, a separate safekeeping agreement must be concluded with the hotel.
7.8   The hotel is not liable for performance failures, personal injury, or property damage that have arisen in connection with third-party services that were merely brokered by the hotel. A further prerequisite for an exclusion of liability is that these services were expressly and, indicating the identity and address of the contracting partner providing the third-party service, were so clearly identified that they are recognizably not part of the package holiday for the customer and were selected separately. The §§ 651 b, 651 c, 651 w and 651 y BGB remain unaffected. However, the hotel is liable if and to the extent that a customer’s damage was caused by a breach of duties to inform, to provide clarification, or to organize.
7.9    A surcharge is applied to third-party services that are arranged or billed by the hotel. This does not establish any liability of the hotel for the services of third parties and therefore no such liability exists.
7.10    The hotel undertakes, only upon request and without obligation, the free transport of persons and luggage. Liability for personal injury and property damage is limited to the settlement obligation under the statutory motor vehicle insurance. Liability for loss of luggage and delays in transport is fully excluded. However, the hotel expressly reserves the right to offer transport services such as luggage service, shuttle service, etc., for a fee.

8.    Assertion of claims/Information about consumer dispute resolution
8.1    Claims under §§ 651 i para. 3 nos. 2, 4 - 7 of the BGB must be asserted by the customer against the hotel.
8.2    The hotel points out, with regard to the Act on Consumer Dispute Resolution, that it does not participate in voluntary consumer dispute resolution.

9.    Special notes for events
9.1    These special terms and conditions to Clause 9 apply to contracts for the paid provision of conference, banquet, event rooms and other premises of the hotel for the holding of events of any kind, as well as to all further related services and deliveries, and modify the hotel's other general terms and conditions. Should no modified provisions regarding events have been made under this Clause 9, the provisions of the hotel's remaining general terms and conditions shall apply.
9.2    The customer, as the organizer, is responsible for obtaining any official permits/authorizations that may be necessary for the execution of the event in good time, on his own initiative and at his own expense, and moreover for paying any fees and costs incurred (GEMA etc.) directly to the requesting authority. He is furthermore responsible for complying with the conditions attached to these permits/authorizations and for observing all other public-law regulations in connection with the event; this also applies if, in the course of carrying out the event, this affects the rights of third parties, for example copyrights. Should claims nevertheless be asserted against the hotel, the customer shall indemnify the hotel against the claimants.
9.3 The customer is obliged to inform the hotel without being asked, at the latest upon conclusion of the contract, if the event, due to its political, religious or other character, is likely to endanger the smooth business operations, the safety, or the hotel's reputation in public.
9.4    Newspaper advertisements, public or political invitations as well as sales events require the hotel's express prior written consent. The hotel has the right to cancel the event if the publication impairs essential interests of the hotel, but also the interests of the entire van der Valk hotel group, or if the hotel has reasonable grounds to assume that the event is likely to jeopardize the smooth operation of business, the safety or the reputation of the establishment or company, including that of other business partners and guests. Even serious concern alone gives the hotel the right to cancel the event. Customers are not entitled to any claims for damages as a result.
9.5    If fewer than the number of participants specified by the customer in the booking attend the event, the customer is not entitled to reduce the agreed event price. If the number of participants is greater than the agreed number of participants, the hotel is entitled to invoice according to the actual number of participants.
9.6 Room changes, in particular also due to a differing number of participants, remain expressly reserved to the hotel, insofar as this is reasonable for the customer taking their interests into account.
9.7    Insofar as the hotel procures technical or other equipment from third parties for the customer, it acts in the name and on the account of the customer. The customer is liable for the careful handling and the proper return of these items. He indemnifies the hotel against all claims by third parties arising from the provision of these items or from the corresponding business transaction.
9.8    If the agreed start and end times of the event change, the hotel is entitled to charge additional costs for its readiness to provide services.
9.9    The client may bring food and beverages only with the hotel's prior express written consent and make them available to the participants. In this case, however, a service fee will be charged.
9.10    For events that continue past midnight, the hotel may, unless otherwise agreed, carry out billing based on individual records; unless the agreed remuneration already takes a period beyond midnight into account.
9.11    Special services that become useless as a result of the cancellation must be remunerated in any case.
9.12    The client is liable for losses or damage caused by himself, his employees, other auxiliary personnel, as well as by the event participants. It is the client's responsibility, where applicable, to take out appropriate insurance and to provide proof of it at the hotel's request.
9.13    To prevent damage, affixing decorative material or other items is only permitted with the hotel's written consent. These materials must be removed immediately after the event.

10.    Data protection
The personal data specified in the contract, in particular name, address, telephone number, bank details, which are necessary and required solely for the purpose of carrying out the contractual relationship arising, are collected on the basis of legal authorisations. For any further use of the personal data and the collection of additional information, the consent of the data subject is generally required. In addition, the hotel's separate data protection provisions apply.

11.    Final provisions
11.1    Should individual provisions of the contract concluded between the hotel and the customer and/or of the above General Terms and Conditions, or parts thereof, be or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions or of the contract and the conditions as a whole. The invalid or unenforceable provisions shall be replaced by the parties with valid and enforceable provisions that are equivalent to or come as close as possible to the invalid or unenforceable provisions and that correspond as closely as possible to the economic purpose pursued by the parties with the invalid or unenforceable provisions. The same shall apply in the event of an unintended gap in the provisions.
11.2    Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation shall be made in text form. Unilateral changes or additions by the customer are ineffective.
11.3    Place of performance and payment in commercial transactions is Moers.
11.4    In commercial transactions – including in disputes over checks – Moers is the exclusive place of jurisdiction; however, the hotel may, at its option, also sue the customer at the location of the respective hotel or at the customer's registered office. The same applies if the customer meets the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction within the country.
11.5    The use or mention of the hotel and the affiliated operating units, in connection with the business partner's promotional measures, requires the written consent of management.
11.6    German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

VERSION April 2021