Hotel Moers Van der Valk GmbH General Terms and Conditions
1. Scope of application
1.1 These Terms and Conditions shall apply to all services provided by the hotel, in particular to the provision of hotel rooms, conference banquet rooms, other rooms and objects against payment, as well as to all other services and deliveries provided by the hotel to the customer in this context (hereinafter also referred to as "hotel services").
1.2 Any terms and conditions of the customer shall not be recognized.
1.3 Subletting or reletting as well as any other use of the premises other than for accommodation purposes shall 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
Only these General Terms and Conditions shall be part of any contract. They shall apply to all services of the hotel, in particular for the provision of hotel rooms, conference-banquet rooms and other hotel facilities (“service provision”). Customers and contractual partners shall be at least 18 years of age. Contracts concluded with minors shall be invalid. The customer’s conditions of business shall not be recognized. If a third party orders for a customer, he shall be liable towards the hotel with the customer as joint debtor. The hotel may request an appropriate advance payment from the customer and/or third party. Subletting or re-letting shall require the written consent of the hotel. The contract shall be concluded on payment by the customer of the deposit stated in the letter of confirmation or the provision of the customer’s credit card number. The hotel shall be notified of any discrepancies within 14 days of receiving the contract. For short-term bookings up to four weeks before arrival, confirmation shall be via signature of the customer or full down payment on the amount due. In the case of group bookings, conferences and events, the contract shall be concluded on written confirmation of the offer by the customer. We refer in this context to our cancellation conditions, which you can request from us at any time.
3. Services, prices, payment, offsetting
3.1 The hotel shall be obliged to hold ready the rooms booked by the customer and to provide the agreed services.
3.2 If ordered rooms, for whatever reason, are not available, the hotel shall be obliged to arrange for an equivalent replacement, possibly outside the premises as far as this is reasonable.
3.3 The customer shall be obliged to pay the hotel’s current or agreed prices for the provision of the room and the further services he has received. This shall also apply to the services provided by the customer and disbursements by the hotel to third parties.
The hotel may unilaterally increase the travel price if this increase is the direct result of an increase following the conclusion of the contract in
a) the price for transporting persons due to higher costs for fuel or other energy carriers;
b) taxes and other levies for agreed travel services such as tourist taxes, port or airport fees or
c) changes in exchange rates applying to the respective package tour.
3.4 A price increase shall only take effect if the customer has been informed at least 20 days before the start of travel. The customer, in turn, may request a reduction in the travel price if and insofar as the circumstances and facts that have become the basis for the contract have changed after the contract was concluded and before the start of the travel and this leads to lower costs for the hotel. If the customer has paid more than the amount owed, the hotel shall be obliged to reimburse the additional amount. However, it may deduct the administrative expenses actually incurred from the additional amount to be reimbursed. If the price increase mentioned in the contract pursuant to art. 651f (1) of the German Civil Code exceeds 8% of the travel price, the hotel may offer the customer a corresponding price increase and demand that the customer within a reasonable period determined by the hotel, either 1. accepts the offer to increase the price or 2. declares withdrawal from the contract. If the customer does not respond or does not respond
within the set period, the notified price increase shall be considered accepted. The customer shall be informed of this in the aforementioned declaration regarding the price increase in a clear, understandable and emphasized manner.
3.5 The hotel may also alter the prices if the customer subsequently requests changes to the number of booked rooms, the hotel’s services or the length of stay of the guests and the hotel agrees to this.
3.6 The hotel’s invoices without due date shall be payable within 10 days of receiving the invoice without discount. The hotel shall be entitled to declare accrued claims as payable and to demand immediate payment. From the moment of default, the hotel shall be entitled to charge interest of 9% above the respective base interest rate or the corresponding successor interest rate of the European Central Bank. The guest shall be entitled to provide evidence that the hotel has incurred a smaller loss and the hotel may provide evidence of a greater loss.
3.7 By providing an e-mail address, the customer agrees that the invoice can be sent to him electronically.
3.8 A deposit of 80% of the expected invoice amount shall be payable if no other agreements have been made regarding hotel services. The hotel shall no longer be obliged to perform if timely payment is not forthcoming.
3.9 The customer may only offset or reduce an undisputed or an enforceable claim against a claim from the hotel.
3.10 In the event that a visitor’s, a tourist or a culture tax (bed tax) is applied, the guest shall pay this separately in accordance with current provisions.
3.11 All payments shall be due in EUROS. The hotel shall be entitled to refuse foreign currencies, cheques and credit cards. On expenses and third party services, a commission fee of 10% will be charged if the payment is made by credit card.
3.12 A default charge of EUR 5.00 may be applied in each individual case for demands issued after the customer enters into default.
3.13 A processing fee of € 20.00 may be charged for rebookings on the part of the customer.
3.14 Commission claims shall be made to the hotel within 30 days. All commission claims shall lapse if this deadline is not respected.
4. Withdrawal by customer (cancellation, revocation, travel cancellation insurance)
4.1 If no other cancellation conditions have been agreed, the customer may withdraw from the package travel contract at any time before the start of the travel, however, the hotel shall be entitled at any time to a corresponding processing fee of EUR 25 per cancellation.
4.2 If the customer withdraws before the start of the travel or does not embark on the travel, the hotel shall forfeit its entitlement to the travel price, instead the hotel may request appropriate compensation as far as the cancellation is not the responsibility of the hotel or unavoidable, exceptional circumstances arise that significantly impair the carrying out of the package tour. Circumstances shall be considered “unpreventable” or “extraordinary” if they are not subject to the hotel’s control and their consequences could also not have been prevented if all reasonable precautions had been taken.
4.3 The amount of the compensation shall be determined according to the travel price minus the expenses saved by the hotel and minus that which it acquires through alternative use of the travel service. The hotel has determined the following flat compensation rates taking into account the period between the declaration of cancellation and the start of the tour and taking into consideration the expected savings on expenses and the expected acquisition through other use of the travel service.
The compensation amounts thus produced shall be calculated as follows:
4.4 For the reservation of fewer than nine rooms, the following conditions apply.
Package tours and individual reservations:
5-8 rooms 10 days in advance, free of charge
2-4 rooms 5 days in advance, free of charge
1 room 2 days in advance, free of charge
5-8 rooms 21 days in advance, free of charge
2-4 rooms 12 days in advance, free of charge
1 room 7 days in advance, free of charge
After the free cancellation period has expired, 90% of the price for the rooms shall be invoiced.
The following conditions apply to room reservations for trade fairs with fewer than 9 rooms:
After signing the contract, up to the sixth month before the agreed arrival day, we shall charge 20% of the service price.
Between the sixth month and up to the third month before the agreed arrival day, we shall charge 40% of the service price.
Between the third month and up to the first month before the agreed arrival day, we shall charge 60% of the service price.
Between the first month and up to the agreed arrival day, we shall charge 90% of the service price.
Separate cancellation conditions shall apply to the reservation of nine rooms or more during trade fairs, which are listed separately in the contract.
4.5 For reservations of nine rooms or more, the following conditions apply: (outside trade fair times)
For 9-25 rooms:
After signing the contract, up to the fourth month before the agreed arrival day, we shall charge 10% of the service price.
Between the fourth month and up to the second month before the agreed arrival day, we shall charge 20% of the service price.
Between the second month and up to the first month before the agreed arrival day, we shall charge 50% of the service price.
Between the first month and up to the fourteenth day before the agreed arrival day, we shall charge 80% of the service price.
Between the fourteenth day and up to the agreed arrival day, we shall charge 90% of the service price.
For 26-60 rooms:
After signing the contract, up to the eighth month before the agreed arrival day, we shall charge 10% of the service price.
Between the eighth month and up to the fourth month before the agreed arrival day, we shall charge 20% of the service price.
Between the fourth month and up to the second month before the agreed arrival day, we shall charge 50% of the service price.
Between the second month and up to first month up to the agreed arrival day, we shall charge 80% of the service price.
Between the first month and up to the agreed arrival day, we shall charge 90% of the service price.
For 61 rooms or more:
After signing the contract, up to the twelfth month before the agreed arrival day, we shall charge 10% of the service price.
Between the twelfth month and up to the eighth month before the agreed arrival day, we shall charge 20% of the service price.
Between the eighth month and up to the fourth month before the agreed arrival day, we shall charge 50% of the service price.
Between the fourth month and up to the second month before the agreed arrival day, we shall charge 80% of the service price.
Between the second month and up to the agreed arrival day, we shall charge 90% of the service price.
4.6 For events incl. or excl. rooms:
After signing the contract, up to the twelfth month before the agreed arrival/ event day, we shall charge 20% of the service price.
Between the twelfth month and up to the sixth month before the agreed arrival/event day, we shall charge 40% of the service price.
Between the sixth month and up to the third month before the agreed arrival/event day, we shall charge 60% of the service price.
Between the third month and up to the first month before the agreed arrival/event day, we shall charge 80% of the service price.
Between the first month and up to the agreed arrival/event day, we shall charge 90% of the service price.
If no service price is set in advance, the minimum menu price of €39.50 per person shall apply.
4.7 Non Arrivals = No Shows shall be charged 100%.
4.8 The cancellation conditions shall only relate to the services originally booked.
4.9 The customer shall in any case have the option of proving that the reasonable compensation due to the hotel should be substantially lower than that demanded.
4.10 The hotel reserves the right to demand higher, individually calculated compensation instead of the aforementioned flat rate compensation insofar as it can prove that it has incurred significantly higher expenses than the aforementioned flat rate compensation.
4.11 The above conditions shall not affect the customer’s legal right under art. 651e of the German Civil Code to demand from the hotel, that instead of him, a third party assumes the rights and obligations of the package travel contract. The hotel shall be notified of this at least seven days before traveling.
4.12 If a customer wishes to terminate a package travel contract in accordance with art. 651l of the German Civil Code due to a travel defect as described under art. 651i (2) of the German Civil Code, as far as this is considerable, he shall first set the hotel an appropriate deadline for remedy. This shall only cease to apply if the remedy is denied or if this is necessary for the remedy.
5. Withdrawal by the hotel
5.1 If the customer’s right of withdrawal was agreed in writing within a certain period, the hotel shall in this period in turn be entitled to withdraw from the contract if there are inquiries from other customers as to the contractually booked rooms and the customer on inquiry by the hotel has not waived its right of withdrawal.
5.2 The hotel shall also be entitled to withdraw from the contract if an agreed advance payment is not made following expiry of an appropriate subsequent deadline set by the hotel with the warning of refusal.
5.3 The hotel shall also be entitled to withdraw from the contract if unavoidable, extraordinary circumstances render the fulfillment of the contract impossible; rooms were booked based on misleading or misrepresentation of material facts, e.g., relating to the customer or the purpose of the booking or the hotel has reason to believe that the use of hotel services may jeopardize the smooth operation of the business, the security or reputation of the hotel in public without this being attributable to the rule or organization of the hotel.
5.4 The hotel shall notify the customer of the exercising of the right of withdrawal without delay.
5.5 The customer shall not be entitled to compensation in the event of the hotel’s entitled withdrawal from the contract.
6. Provision and handover of rooms
6.1 The customer shall not acquire any right to the provision of specific rooms/halls.
6.2 Rooms booked shall be available to the customer from 14.00/16.00. They shall be cleared by 10.00 on the day of departure. In the event of a later departure after 10.00, the hotel shall reserve the right to claim additional costs.
6.3 Unless a later arrival has been expressly agreed, the hotel shall be entitled to reallocate booked rooms after 18.00 without the guest being entitled to derive any claim from this. The Van der Valk Hotels in Germany mainly have non-smoking rooms. It is therefore not permitted to smoke in the common areas or in these guest rooms. We have arranged separate areas for our guests wishing to smoke. In the event of infringement, the hotel shall be entitled to charge the guest an indemnity amounting to 150 euros for the separately applicable cleaning costs including any loss of sales resulting from the
inability to rent the room. This compensation shall be higher or lower if the hotel can show that the damage is greater or if the guest can show it is lower.
6.4 There shall be no possibility of any claim by the customer after concluding the contract on change with regard to the arrival day, the place or suchlike (rebooking). This shall not apply if the transfer is required because the hotel has provided the customer with no, insufficient or incorrect pre-contractual information in accordance with art. 250 (3) Introductory Act to the German Civil Code; transfer may be free of charge in this case.
6.5 If the customer does not accept individual travel services, which the hotel was contractually willing and able to provide for reasons attributable to the customer, he shall have no claim to pro rata reimbursement of the travel price as far as such reasons would not have entitled him under the legal provisions to withdraw from or to terminate the travel contract. The hotel shall endeavour to reimburse the expenses saved by the service providers. This obligation shall be waived in the case of completely negligible expenses.
7. Hotel’s liability
7.1 The hotel shall be liable for the provision of all commercially due care. This liability lies not in the typical service sphere but is limited to defective performance, damage, subsequent damage or disruption due to intent or negligence by the hotel. Should the hotel’s performance become disruptive or defective, the hotel shall, on becoming aware of this or following direct complaint from the customer, endeavour to rectify the situation. The customer shall be obliged to make a reasonable contribution to rectifying the disruption and keeping possible damage in check.
7.2 The hotel’s unlimited liability shall be subject to legal provisions. Items left behind by the customer shall only be sent on at the customer’s request and at his expense and risk. The hotel shall hold the items for six months and charge a reasonable fee.
7.3 A custody agreement shall not be concluded due to the guest being provided with a parking space in the hotel garage even if for consideration. The hotel shall not be liable for motor vehicles or their contents lost or damaged when parked or shunted on hotel premises except in the case of intent or gross negligence. This shall also apply to the hotel’s agents.
7.4 The hotel shall carry out wake-up requests with great care. There shall be no claim to compensation except in the event of gross negligence or intent.
7.5 Messages, mail and postal consignments for the guests shall be handled with care. The hotel shall take care of their delivery, storage and if required, the forwarding of these. There shall be no claim to compensation except in the event of gross negligence or intent.
7.6 The hotel’s contractual liability for non-culpable, non-physical damage shall be limited to three times the travel price. Further-reaching claims under international agreements or suchlike legal provisions shall not be affected by the limitation.
7.7 The hotel shall not be liable for impairments of performance, physical and material damage occurring in connection with outside services only mediated by the hotel. Another precondition for a disclaimer is that these services have been explicitly marked with the identity and address of the contracting party providing the outside service so clearly that they are evidently not part of the package tour for the customer and have been selected separately. This shall not affect art. 651b, 651c, 651w and 651y of the German Civil Code. The hotel shall however be liable for any damage to the customer if caused by an infringement of duty of information, clarification or organization.
7.8 A surcharge shall be charged on external services mediated or charged by the hotel. However, the hotel shall not be liable for third party services.
7.9 As part of its services, the hotel only undertakes the free transportation of people and luggage free of charge on request. Liability for personal and material damage shall be limited to the statutory vehicle insurance. There shall be no liability for loss of luggage and delays in transport. However, the hotel also expressly reserves the right to offer transport services such as luggage service, shuttle service, etc. for a fee.
7.10 The business partner shall derive no obligation to compensation due to the hotel being impeded by force majeure, epidemic, pandemic or strike in providing its services.
8. Asserting claims/information on settling consumer disputes
8.1 The customer shall assert any claims against the hotel under art. 651I (3) Nos. 2, 4-7 of the German Civil Code.
8.2 The hotel points out with regard to the law on settling consumer disputes that this process of consumer settlement is not voluntary.
9. Special information for events
9.1 The organizer as a business partner of the hotel shall procure all necessary official permits/approvals for carrying out the event in good time on his own initiative and at his own expense and, in addition, pay any fees and costs (GEMA, etc.) directly to the requesting body. He shall be responsible for complying with the requirements of these permits/approvals as well as for observing all other public law regulations in connection with the event, this also applies if this involves third party rights, e.g. copyrights. The contractual partner or the organizer shall nevertheless indemnify the hotel from any compensation claims.
9.2 The organizer shall be required to provide lists of all participants in the event up to 14 days before their arrival. Otherwise, the hotel cannot guarantee that the event will run properly. This restriction applies accordingly if the number of participants exceeds the agreed number. In this case, the hotel shall reserve the right to apply restrictions due to insufficient room or space in the hotel, restaurant and/or event area.
9.3 If fewer than the participants registered by the business partner appear, the price shall nevertheless be determined by the number of participants actually registered or at least the agreed number. If the number of participants is greater than the agreed number of participants, billing shall be based on the actual number of participants.
9.4 If the number of participants deviates by 10% or more, the hotel shall be entitled to reset the prices. In accordance with the changed number of participants, the hotel shall also be entitled to allocate other rooms for carrying out the event unless this is not reasonable for the organizer.
9.5 Newspaper advertisements, public or political invitations or sales events shall require the hotel’s prior, express written permission. The hotel shall be entitled to cancel the event if its publication infringes upon the hotel’s essential interests or those of the entire Van der Valk Hotel Group or if the hotel has sufficient grounds to assume that the event threatens to jeopardize the smooth operation of the business, the security or the reputation of the company or the guests. Even serious concern shall justify the hotel’s right to cancel the event. The business partner or organizer shall not be entitled to claim compensation for this.
9.6 The hotel shall reserve the right to change rooms as far as reasonable for the organizer taking into account the interests of the hotel.
9.7 As far as the hotel procures technical or other facilities for the organizer from third parties, it shall act on behalf of and at the expense of the organizer or the business partner. The organizer or business partner shall be liable for the careful treatment and proper return of these facilities. He shall release the hotel from all third party claims arising from the provision of these facilities or the corresponding business management.
9.8 If the agreed start and end times of the event change, the hotel shall be entitled to charge additional fees for the willingness to perform.
9.9 The business partner or organizer may only bring food and drinks and make them available to the participants with the prior express written consent of the hotel. A service fee shall however be charged in this case.
9.10 For events that continue beyond midnight, the hotel may, unless otherwise agreed, charge a fee based on individual evidence unless the agreed remuneration takes into account a period beyond midnight.
9.11 Special services, which are useless following cancellation shall still be charged.
9.12 The business partner or organizer shall itself be responsible and liable for compensation following losses or activities attributed to it, its employees, other assistants or those attending the event. It shall be the business partner’s or event organizer's responsibility to take out appropriate insurance and to provide proof of this at the hotel’s request.
9.13 To prevent damage, the attachment of decorative material or other objects shall only be permitted with the written consent of the hotel.
9.14 The cancellation deadlines for events can be found under point 3.6.
10. Data protection
The personal data indicated in the contract, in particular, name, address, telephone number and bank details that are only required for implementing the new contractual relationship shall be collected based on legal entitlement.
Any further use of personal data and the collection of additional information shall require the consent of the person concerned.
11. Severability clause
11.1 Should individual provisions of the contract established between the hotel and its business partner and/or these General Terms and Conditions or parts thereof be or become ineffective or unenforceable, this shall not affect the effectiveness or enforceability of the remaining provisions as well as the contract and the conditions as a whole. The ineffective or unenforceable provisions shall be replaced by the parties with effective and enforceable provisions that are equivalent to the ineffective or unenforceable provisions or come as close as possible and correspond as closely as possible to the economic purpose of the parties with the ineffective or unenforceable provisions. The same shall apply to any undesired gap in the provisions.
Subsidiary agreements and changes shall be made in writing to be effective.
11.2 Amendments and additions to the contract, the accepted proposal or these General Terms and Conditions for hotel accommodation shall be in writing. Unilateral amendments and additions by the customer shall be ineffective.
11.3 Place of performance and place of payment shall be the hotel’s registered office.
11.4 The exclusive place of jurisdiction – also for cheque and exchange disputes in commercial transactions shall be the hotel’s registered office.
11.5 The use of the company name and associated parts of the company in connection with advertising by the contractual partner shall be subject to written permission of the hotel management.
11.6 German law shall apply.
11.7 Should individual provisions of these General Terms and Conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Statutory provisions shall otherwise apply.
Version: March 2021