SO/ Berlin Das Stue - Luxury hotel - GTC

General Terms and Conditions for the Hotel Accommodation Contract

I. Scope of Application

1. These terms and conditions shall apply to accommodation Contracts with the Hotel as well as all other services and deliveries provided by the Hotel for the Guest.

2. Deviating provisions, including those contained in the general terms and conditions of business of the Guest or the Orderer, shall not apply unless expressly accepted by the Hotel in writing.

II. Conclusion of Contract and Partners

1. Upon a booking request by the Guest, a Hotel accommodation Contract (hereinafter: “Contract”) shall be concluded with the corresponding booking confirmation by the Hotel.

2. The contracting parties are the Hotel and the Guest. If a third party has placed an order on behalf of the customer, that party (hereinafter: “Orderer”) shall be liable to the hotel together with the customer as joint and several debtors, provided that the hotel has received a corresponding declaration from the Orderer. Irrespective of this, the Orderer is obliged to pass on to the Guest all information relevant to the booking, in particular these General Terms and Conditions.

3. The sub-letting and re-letting of the rooms as well as their use for purposes other than accommodation require the prior written consent of the Hotel. If the Guest is not a consumer within the meaning of the German Civil Code (BGB), § 540 II sentence 2 BGB shall not apply.

III. Services, prices, payment, Offsetting

1. The Hotel is obliged to keep the rooms booked by the Guest available in accordance with these General Terms and Conditions and to provide the agreed services.

2. Unless otherwise agreed, the Guest shall be obliged to pay the applicable or agreed prices of the Hotel for the provision of the room and the other services used by the Guest upon conclusion of the contract. This shall also apply to services and expenses of the Hotel toward third parties arranged by the Guest or the Orderer. The agreed prices include the respective statutory value added tax (VAT). If the period between the conclusion of the Contract and the Guest’s arrival exceeds four months and if the VAT or any applicable local taxes and duties increase after the conclusion of the Contract, the Hotel reserves the right to increase the agreed prices by the amount by which the VAT or local taxes and duties have increased.

3. Since 01.01.2014, the city of Berlin has levied a city tax of 5% on the accommodation price. Professional overnight stays are exempt from this. If the overnight stay is for business reasons, this must be proved.

4. The Hotel may make its consent to a change requested after the conclusion of the Contract in the number of rooms booked, the service or the length of stay of the Guest and/or the Orderer dependent on the price for the rooms and the other services of the Hotel also changing.

5. Invoices of the Hotel shall be due for payment without any deduction immediately upon receipt. The Hotel may demand immediate payment of due receivables from the Guest at any time. The Guest shall be in default at the latest if he/she does not make payment within 10 banking days after the due date and receipt of an invoice. In the event of default in payment, the Hotel shall be entitled to charge consumers default interest at a rate of 5 percentage points above the legal base rate. In business transactions, the default interest rate shall be 8 percentage points above the legal base interest rate. The Hotel reserves the right to claim higher damages. The Hotel may charge a reminder fee of EUR 5.00 for each reminder sent after default has occurred.

6. The Hotel shall be entitled to demand a reasonable advance payment or security deposit from the Guest upon conclusion of the Contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates may be agreed in writing in the Contract.

7. In justified cases, e.g. payment arrears on the part of the Guest or extension of the scope of the Contract, the Hotel shall be entitled, even after conclusion of the Contract until the start of the stay, to demand an advance payment or security deposit within the meaning of the above paragraph 6 or an increase in the advance payment or security deposit agreed in the Contract up to the full agreed remuneration.

8. The Hotel is further entitled to demand from the Guest at the beginning and during the stay a reasonable advance payment or security deposit within the meaning of the above paragraph 6 for existing and future claims arising from the Contract, insofar as such a payment has not already been made in accordance with the above paragraph 6 and/or paragraph 7.

9. The Guest may only offset or reduce a claim of the Hotel with an undisputed or legally established claim.

IV. Withdrawal of the Guest, Cancellation, Group bookings

1. The Hotel grants the Guest a right of withdrawal at any time. The following provisions shall apply:

a) In the event of the Guest withdrawing from the booking, the Hotel is entitled to reasonable compensation.

b) The Hotel has the option of claiming compensation from the Guest in the form of a compensation lump sum instead of a concretely calculated compensation. The compensation lump sum amounts to 90% of the Contractually agreed price for overnight stays with or without breakfast if the cancellation is made less than 2 days before the day of arrival. Cancellation should take place in writing and shall only be deemed to have been confirmed if written confirmation is also received from the Hotel. The Guest is at liberty to prove that the Hotel has suffered no loss or that the loss incurred by the Hotel is lower than the compensation lump sum demanded.

c) If the Hotel calculates the compensation specifically, the amount of compensation shall not exceed the Contractually agreed price for the service to be provided by the Hotel less the value of the expenses saved by the Hotel and what the Hotel acquires through other uses of the Hotel services.

2. The above provisions on compensation shall apply mutatis mutandis if the Guest does not make use of the booked room or the booked services without notifying the Hotel in good time.

3. If the Hotel has granted the Guest an option in the Contract to withdraw from the Contract within a certain period of time without further legal consequences, the Hotel shall have no claim to compensation. Decisive for the timeliness of the declaration of withdrawal is its receipt by the Hotel. The Guest must declare the withdrawal in writing.

4. For group bookings of 5 rooms or more, special cancellation conditions apply as follows:
a) Up to 4 weeks before the date of arrival the complete number of room nights can be cancelled free of charge, from 15 rooms free of charge up to 12 weeks before the date of arrival.
b) Up to 3 weeks before the date of arrival, up to 50% of the room nights can be cancelled free of charge. The remaining 50% of the cancelled room nights will be charged with 80% cancellation fee.
c) Up to 1 week before the date of arrival, up to 25% of the room nights can be cancelled free of charge. The remaining 75% of the cancelled room nights will be charged with 80% cancellation fee.
d) For all room nights from group bookings cancelled less than 1 week prior to arrival date, 80% cancellation fee will be charged.

Cancellations must always be made in writing and are only considered confirmed if made in writing by the hotel. Cancellations by telephone will not be accepted.
An increase in the number of persons requires confirmation by the hotel.

V.Withdrawal of the Hotel

1. If the Guest has been granted a right to withdraw free of charge in accordance with clause IV (3), the Hotel shall also be entitled to withdraw from the Contract within the agreed period if there are enquiries from other Guests about the booked rooms and the Guest does not waive his right to withdraw free of charge in accordance with clause IV (3) when asked by the Hotel.

2. If an advance payment or security deposit agreed or required above in accordance with clause III paragraph 6 and/or 7 is not made even after expiry of a grace period set by the Hotel, the Hotel shall also be entitled to withdraw from the Contract.

3. Furthermore, the Hotel is entitled to withdraw from the Contract, in particular if:
•force majeure or other circumstances for which the Hotel is not responsible make it impossible to fulfil the Contract;
•rooms are booked under misleading or false statements of material facts, e.g. concerning the person of the Guest or the purpose;
•the Hotel has justified reasons to believe that the use of the Hotel services may jeopardise the smooth operation of the business, the security or the reputation of the Hotel in public without this being attributable to the Hotel’s sphere of control or organisation;
•there is an unauthorised subletting or subletting pursuant to Clause II, Paragraph 3;
•there is a case pursuant to Clause VI, Paragraph 3;
•the Hotel becomes aware of circumstances that the Guest’s financial circumstances have deteriorated significantly after conclusion of the Contract, in particular if the Guest fails to settle due claims of the Hotel or fails to provide sufficient security and payment claims of the Hotel therefore appear to be at risk;
•the Guest has filed an application for the opening of insolvency proceedings against his assets, has made a statutory declaration in accordance with Section 807 of the German Code of Civil Procedure (Zivilprozessordnung), has initiated out-of-court proceedings for the settlement of debts or has suspended his payments;
•insolvency proceedings are opened against the Guest’s assets or the opening of such proceedings is rejected for lack of assets.

4.The Hotel shall inform the Guest immediately in writing of the exercise of the right of withdrawal.

5.In the aforementioned cases of withdrawal, the Guest shall not be entitled to compensation.

VI. Arrival and departure

1. The Guest does not acquire a claim to the provision of specific rooms unless the Hotel has confirmed the provision of specific rooms in writing.

2. Booked rooms are available to the Guest from 3.00 p.m. on the agreed day of arrival. The Guest has no right to earlier availability.

3. Booked rooms are to be claimed by the Guest by 6.00 p.m. at the latest on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the Hotel has the right to assign booked rooms to other parties after 6 p.m. without the Guest being able to derive any claims for compensation from this. The Hotel has a right of withdrawal in this respect.

4. On the agreed day of departure, the rooms must be vacated and made available to the Hotel by 12.00 noon at the latest. After 12.00 noon, the Hotel may charge 50% of the full room rate for the period between 12.00 noon and 3.00 p.m. for the late vacating of the room and thus for its use in breach of the Contract. If the room is not vacated until after 3.00 p.m., the Hotel may charge the full room rate, i.e. 100%, for use in excess of the Contract. This shall not give rise to any Contractual claims on the part of the Guest or the Orderer. The Guest shall be at liberty to prove that the Hotel has suffered no loss or that the loss suffered by the hotel is less than the claim as the usage fee.

VII. Liability of the Hotel, limitation period

1. In the event of disruptions or defects in the Hotel’s services, the Hotel shall endeavour to remedy the same as notified by the Guest without any delay. If the Guest culpably fails to notify the Hotel of a defect, the Guest shall not be entitled to a reduction of the Contractually agreed remuneration.

2. The Hotel shall be liable in accordance with the statutory provisions for all damages arising from injury to life, limb and health as well as in the event of the assumption of a guarantee on the part of the Hotel and in the event of fraudulently concealed defects.

3. The Hotel shall only be liable for all other damages not covered by section VII para. 2 and caused by slightly negligent conduct of the Hotel, its legal representatives or its vicarious agents if such damages are due to the breach of a material Contractual obligation or a cardinal obligation in a manner endangering the purpose of the Contract. In these cases, liability shall be limited to the foreseeable damage typical for the Contract.

4. The above limitations of liability shall apply to all claims for damages regardless of their legal basis, including claims in tort. The above limitations and exclusions of liability shall also apply in cases of any claims for damages by a Guest against employees or vicarious agents of the Hotel. They do not apply in cases of liability for a defect following the assumption of a guarantee for the quality of an item or a work, in the case of fraudulently concealed defects or in the case of personal injury.

5. The Hotel shall be liable to the Guest for items brought in in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but up to a maximum of EUR 3,500.00. For valuables (cash, jewellery, etc.), this liability shall be limited to EUR 800.00. the Hotel recommends making use of the possibility of storage in the room safe or central Hotel safe.

6. Insofar as a parking space is made available to the Guest in the Hotel garage or in a Hotel car park, even for a fee, this shall not constitute a custody agreement. The Hotel is not obliged to monitor the parking space. In the event of loss of or damage to motor vehicles parked or manoeuvred on the Hotel premises and their contents, the Hotel shall not be liable unless the Hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed against the Hotel at the latest when leaving the Hotel property.

7. Wake-up orders shall be carried out by the Hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.

8. Messages, mail and consignments of goods for the Guests will be handled with care. The Hotel shall undertake the delivery, safekeeping and – on request – forwarding of the same against payment and, on request, also for lost property. Claims for damages, except for gross negligence or intent, are excluded. The Hotel is entitled to hand over the aforementioned items to the local lost property office after a storage period of one month at the latest, charging an appropriate fee.

9. All claims against the Hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages shall become statute-barred after five years irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the Hotel.

VIII. Final provision

1. Amendments or supplements to the Contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation shall be made in writing. Unilateral amendments or supplements by the Guest are invalid. In order to comply with the written form requirements stipulated in these General Terms and Conditions, the submission of the corresponding declaration by fax or e-mail shall also be sufficient.

2. The place of performance and payment is the registered office of the Hotel.

3. The place of jurisdiction is – if the Contractual partner of the Hotel is a merchant or a legal entity under public law – the registered office of the Hotel or, at the Hotel’s discretion, Berlin. If the Contractual partner of the Hotel does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the Hotel. However, the Hotel shall be entitled to bring actions and other legal proceedings also at the Guest’s general place of jurisdiction.

4. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

5. If differences arise due to the bilingual nature of these General Terms and Conditions, the German-language text shall apply.

6. 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. In all other respects, the statutory provisions shall apply.

Status: April 2022