General Terms and Conditions
1. Scope of application
1.1 These Terms and Conditions apply to contracts for the rental provision of hotel rooms for accommodation, as well as to all further services and deliveries provided to the customer in this context by Badhotel Sternhagen “Das Haus am Strand” GmbH & Co. KG, hereinafter referred to as the “Hotel” (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract and hotel room contract.
1.2 The subletting or further letting of the rooms provided, as well as their use for purposes other than accommodation, require the Hotel’s prior consent in text form. Section 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
1.3 The customer’s own general terms and conditions shall only apply if this has been expressly agreed in advance.
2. Conclusion of contract, contracting parties, limitation period
2.1 The contracting parties are the Hotel and the customer. The contract is concluded when the Hotel accepts the customer’s application. The Hotel is free to confirm the room booking in text form.
2.2 All claims against the Hotel shall generally become time-barred one year from the statutory commencement of the limitation period. Claims for damages shall become time-barred, depending on knowledge, after five years, unless they are based on injury to life, limb, health or freedom. Such claims for damages shall become time-barred after ten years, irrespective of knowledge. The shortened limitation periods shall not apply to claims based on an intentional or grossly negligent breach of duty by the Hotel.
3. Services, prices, payment, set-off
3.1 The Hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the Hotel for the provision of the rooms and for any further services used by the customer. This also applies to services commissioned by the customer directly or via the Hotel, which are provided by third parties and paid for in advance by the Hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local charges which, under the relevant municipal law, are owed by the guest personally, such as visitor’s tax.
If the statutory VAT changes, or if local charges relating to the service are introduced, changed or abolished after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and fulfilment of the contract exceeds four months.
3.4 The Hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the services provided by the Hotel or the customer’s length of stay dependent on an increase in the price of the rooms and/or the other services provided by the Hotel.
3.5 Hotel invoices without a due date are payable within ten days of receipt of the invoice, without deduction. The Hotel may require immediate payment of due claims from the customer at any time. In the event of default in payment, the Hotel shall be entitled to charge the applicable statutory default interest, currently 8% above the base interest rate or, in legal transactions involving a consumer, 5% above the base interest rate. The Hotel reserves the right to prove higher damages.
3.6 The Hotel is entitled, upon conclusion of the contract, to request an appropriate advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or securities for package holidays, the statutory provisions shall remain unaffected.
3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the Hotel shall be entitled, even after conclusion of the contract and up until the beginning of the stay, to request an advance payment or security within the meaning of section 3.6 above, or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
3.8 The Hotel shall also be entitled, at the beginning of and during the stay, to request from the customer an appropriate advance payment or security within the meaning of section 3.6 above for existing and future claims arising from the contract, insofar as such advance payment or security has not already been provided in accordance with section 3.6 and/or section 3.7 above.
3.9 The customer may only set off or offset a claim of the Hotel against an undisputed or legally established claim.
4. Withdrawal by the customer, cancellation / non-use of the Hotel’s services, no-show
4.1 Withdrawal by the customer from the contract concluded with the Hotel is only possible if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists, or if the Hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to cancellation of the contract should each be made in text form.
4.2 Free cancellation of a booking at our hotel is possible up to 4 weeks before arrival. After this period, we reserve the right to charge 80% of the accommodation costs if the room cannot be resold. Alternatively, we offer a one-time free rebooking; bookings over Christmas and New Year’s Eve are excluded from this. Please note that rebooked reservations can no longer be cancelled free of charge, even if the new arrival date is then more than 4 weeks in the future. We generally recommend taking out travel cancellation insurance.
4.3 If a right of withdrawal has not been agreed or has already expired, if there is no statutory right of withdrawal or termination, and if the Hotel does not agree to cancellation of the contract, the Hotel shall retain its claim to the agreed remuneration despite non-use of the service. The Hotel shall offset the income from otherwise letting the rooms as well as the expenses saved. If the rooms are not let otherwise, the Hotel may apply a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half-board packages and 60% for full-board packages. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
5. Withdrawal by the Hotel
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the Hotel shall also be entitled to withdraw from the contract during this period if enquiries from other customers regarding the contractually booked rooms have been received and the customer, upon enquiry by the Hotel with a reasonable deadline, does not waive their right of withdrawal.
5.2 If an advance payment or security agreed or requested in accordance with section 3.6 and/or section 3.7 is not provided even after a reasonable grace period set by the Hotel has expired, the Hotel shall likewise be entitled to withdraw from the contract.
5.3 Furthermore, the Hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- force majeure or other circumstances for which the Hotel is not responsible make fulfilment of the contract impossible;
- rooms or spaces are booked culpably by providing misleading or false information or by concealing material facts; material facts may include the identity of the customer, solvency or the purpose of the stay;
- the Hotel has reasonable grounds to believe that use of the service may jeopardise the smooth operation, safety or public reputation of the Hotel, without this being attributable to the Hotel’s sphere of control or organisation;
- the purpose or occasion of the stay is unlawful;
- there is a breach of section 1.2 above.
5.4 The Hotel’s justified withdrawal shall not give rise to any claim for damages on the part of the customer.
6. Provision, handover and return of rooms
6.1 The customer shall not acquire any entitlement to the provision of specific rooms unless this has been expressly agreed.
6.2 Booked rooms shall be available to the customer from 3.00 pm on the agreed day of arrival. The customer shall have no entitlement to earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the Hotel no later than 11.00 am. Thereafter, due to the late vacation of the room, the Hotel may charge 50% of the full accommodation price, list price, for use exceeding the contractual period until 6.00 pm, and 90% from 6.00 pm onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is free to prove that the Hotel has incurred no claim, or a significantly lower claim, for compensation for use.
6.4 The Hotel informs the customer that all rooms are non-smoking rooms. Smoking is permitted on the open balconies; however, it is prohibited on the glazed loggias and French balconies. In the event of non-compliance, the Hotel shall be entitled to charge the customer a cleaning fee of at least €150.00, as well as any loss of rental income incurred.
6.5 If the hotel accommodation contract includes an agreement that a dog may be brought along, the guest must ensure that textile areas such as the bed, sofa and armchairs are not used by the dog. The Hotel will be happy to provide a dog blanket if required. In the event of impairment to textiles or damage to furniture, the Hotel shall be entitled to charge the guest for cleaning or repair costs as well as any loss of rental income incurred. Dogs are not permitted in the restaurant or breakfast area.
7. Liability of the Hotel
7.1 The Hotel shall be liable for damage for which it is responsible arising from injury to life, limb or health. It shall also be liable for other damage resulting from an intentional or grossly negligent breach of duty by the Hotel, or from an intentional or negligent breach of duties typical of the contract by the Hotel. A breach of duty by a legal representative or vicarious agent of the Hotel shall be deemed equivalent to a breach of duty by the Hotel. Further claims for damages are excluded unless otherwise provided for in this section 7. Should disruptions or defects occur in the Hotel’s services, the Hotel shall endeavour to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable for them in order to remedy the disruption and keep any possible damage to a minimum.
7.2 The Hotel shall be liable to the customer for items brought onto the premises in accordance with the statutory provisions. The Hotel recommends the use of the hotel safe or room safe. If the guest wishes to bring in money, securities or valuables with a value of more than €800, or other items with a value of more than €3,500, this requires a separate safekeeping agreement with the Hotel.
7.3 If the customer is provided with a parking space in the hotel garage or hotel car park, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the Hotel shall only be liable in accordance with section 7.1, sentences 1 to 4 above.
7.4 Wake-up calls shall be carried out by the Hotel with the greatest care. Messages, post and goods consignments for guests shall be handled with care. The Hotel shall undertake delivery, safekeeping and, on request and for a fee, forwarding of the same. In this respect, the Hotel shall only be liable in accordance with section 7.1, sentences 1 to 4 above.
8. Gift vouchers
8.1 Scope of application
These Terms and Conditions apply to all gift vouchers issued by Badhotel Sternhagen “Das Haus am Strand” GmbH & Co. KG, hereinafter referred to as Sternhagen. If special conditions apply to individual types of gift voucher, these shall take precedence over these General Terms and Conditions.
8.2 Data protection
Sternhagen uses personal data exclusively for the processing of the contract. Use for any further purposes shall only take place if the data subject has given consent or if a statutory exception applies.
8.3 Place of jurisdiction, choice of law
The place of jurisdiction for all legal disputes between Sternhagen and a customer shall be the registered office of Sternhagen. German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
8.4 Complaints following purchase
Complaints relating to the purchase of a Sternhagen gift voucher must be made within 14 days of purchase in order to allow the possibility of tracing the transaction. Complaints made 14 days or more after purchase shall no longer be recognised.
8.5 Validity period
Sternhagen gift vouchers are valid for the periods printed on them or transmitted electronically. If no period is stated, the gift vouchers are valid for 3 years from the date of issue. The limitation period begins at the end of the year of issue. The gift voucher only becomes valid once payment has been received.
8.6 Redemption
Sternhagen gift vouchers can only be redeemed at the Badhotel Sternhagen and its respective departments. Cash payment is not possible; no change can be given. No replacement can be provided in the event of loss of a Sternhagen gift voucher. Partial redemptions are possible.
8.7 Entitlement upon redemption
Sternhagen is not obliged to verify the entitlement of a person redeeming a gift voucher beyond checking its validity and voucher number. The holder of the gift voucher must therefore ensure that the voucher does not come into the possession of unauthorised third parties and must inform Sternhagen immediately if there is at least a possibility that this has nevertheless occurred. Section 793 paragraph 1 sentence 2 of the German Civil Code (BGB) shall apply accordingly to a gift voucher redeemed by an unauthorised person.
8.8 Place of performance
When purchasing a Sternhagen gift voucher, the place of performance shall be the registered office of Sternhagen at the time of purchase. If a gift voucher issued in physical rather than electronic form is sent to the person redeeming it, the risk of accidental loss and the risk of loss of the dispatched gift voucher shall pass to the purchaser or redeemer upon delivery to the person or institution designated to carry out the dispatch, in accordance with section 447 of the German Civil Code (BGB).
8.9 Multiple redemption
Any misuse or multiple redemption of a Sternhagen gift voucher shall be prosecuted under criminal law. This expressly also includes any attempt at misuse or multiple redemption.
8.10 Corporate customers
Corporate customers are not permitted to resell purchased Sternhagen gift vouchers, either to private end customers or to commercial users.
9. Final provisions
9.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer shall be invalid.
9.2 The place of performance and payment and the exclusive place of jurisdiction, including for disputes relating to cheques and bills of exchange, shall be Cuxhaven in commercial transactions. If a contracting party meets the requirements of section 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, Cuxhaven shall likewise be the place of jurisdiction.
9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws rules is excluded.
9.4 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. In all other respects, the statutory provisions shall apply.
As of 05/2023
For better readability, these Terms and Conditions do not use gender-specific wording. Corresponding terms apply equally to all genders.