Terms and Conditions
1. These terms and conditions apply to all contracts regarding the rental of guestrooms for accommodation and all other services and goods provided to guests of Pension Am Park, Sophie-Charlotten-Str. 57-58, 14057 Berlin, hereinafter referred to as the Hotel.
2. Sub-letting or re-letting of a rented room and/or usage for purposes other than accommodation, require the prior written consent of the Hotel.
3. Terms and conditions are only applicable to the customer, if they have been previously agreed in writing.
II. Contract confirmation, liability and limitation.
1. The contract comes into being upon the Hotel taking an order (confirmation) from a customer. Written confirmation of the booking is at the Hotel’s descretion.
2. Parties to the contract are the Hotel and the customer. If a third party has made the booking on behalf of a customer, he/she is liable, along with the customer, as joint-debtors, for any commitments that arise from the contract with the Hotel.
3. The Hotel is liable for its obligations as per the contract. In the case of provision of non-typical services, the Hotel has limited liability for intent and gross negligence.
4. All customer claims have a limitation period of six months.
5. This limited liability and the short limitation period apply in the Hotel’s favour, also with regard to breach of obligation upon initiation of a contract, and positive malperformance of contract.
III. Services, price, payment and settlement.
1. The Hotel is obliged to keep rooms available for a customer as agreed in a booking, and to provide all services as agreed.
2. The customer is obliged to pay for his/her reservation and any other services that he/she has availed of, at the price agreed with the Hotel. This also applies to customers who have arranged for services and/or goods from the Hotel through a third party.
3. These agreed prices include all applicable sales taxes. The Hotel is entitled to pass on to the customer any governmental increases in taxes already included in the price, without the prior consent of the customer. If the rate generally charged by the Hotel for services increases, and the period between contract agreement and contract fulfilment exceeds four months, then the Hotel can reasonably raise the contractually agreed price, but not by more than 10%.
4. The Hotel may also change the price, if the customer, in agreement with the Hotel, later makes changes to the number of rooms in a booking, the services requested or the length of stay.
5. Payment for agreed services will be due upon arrival of customers at the Hotel, and can be claimed by the Hotel from this point onwards.
6. Hotel invoices that show no payment due date, are payable immediately and without deduction. The Hotel is entitled to declare any outstanding bills to be immediately due and to demand prompt payment. In the case of arrears, the Hotel is entitled to charge interest at a rate of 5% above standard ECB rates. The customer is entitled to prove a lower rate, and the Hotel will be subject to this.
7. From the beginning of the contract or thereafter, the Hotel is entitled to demand a reasonable pre-payment or security deposit, in accordance with laws regulating holiday packages. The amount of the pre-payment or security deposit and date of payment can be stipulated in writing within the contract.
8. The customer can only offset or reduce an undisputed or valid claim against a claim of the Hotel.
IV. Customer withdrawal from contract (cancellation or no-show)
1. Cancellation by a customer of a confirmed booking/contract requires the written acknowledgement of the Hotel. In the absence of this acknowledgement, the previously agreed price will remain due, even if the customer does not take up any contracted services. This will not apply in cases of a delayed service provided by the Hotel or where delivery of services is deemed impossible.
2. When an agreement has been made in writing, between the customer and the Hotel, on a date before which cancellation can be made, then the customer can cancel within these agreed dates, without triggering any liability for payment or claim for damages from the Hotel. The customers right to cancel expires, if he has not exerted his right to cancel before the agreed date, and when it is not a case of a delayed service provided by the Hotel or a case where delivery of services is deemed impossible.
3. The Hotel will endeavour to re-let the rooms, or reasonable equivalent, which have not been taken up by the customer. Any income redeemed from a new booking and any saved expenses will be passed on to the original customer.
4. The Hotel is free to generalise the damages incurred by a customer, which are to be compensated. The customer is then obliged to pay 80% of the agreed price for lodging within the contract, with or without breakfast. The customer is free to prove that no damages were incurred or that the damages to the hotel were lower than the amount demanded.
V. Hotel withdrawal from contract
1. Except in cases where the customer’s right of cancellation, in writing, within a specified time period is agreed, the Hotel is itself entitled, within this same time period, to step back from the contract, if there are enquiries from other customers regarding the contractually reserved rooms, and the original customers, upon request of the Hotel, do not waive their right to cancellation.
2. The Hotel is also entitled to cancel a contract, when an agreed pre-payment has not been made, after a reasonable grace period has lapsed and action has been forewarned.
3. Furthermore, the Hotel is entitled to withdraw from the contract on justifiable grounds, for example in the case of:
When Acts of God or other unexpected circumstances make it impossible for the Hotel to fulfill the contract;
When rooms are booked using misleading or false information relating to the essential facts, for example, the identity of the customer or the purpose of the booking;
When the Hotel has justifiable grounds to assume that use of the Hotels services could jeopardise the serucity, smooth operation or the public reputation of the Hotel, without this being attributable to the Management or organisation of the Hotel;
In the existence of a breach, in line with paragraph 2 from Section 1.
4. The Hotel must advise the customer immediately when it exercises its right to withdraw from the contract.
5. In cases where the Hotel cancels the contract with validity, customers have no claim for damages.
VI. Room availability, handover and return.
1. The customer has no right to be provided with specific rooms.
2. Reserved rooms are available to the customer from 14:00 on the agreed date of arrival. The customer has no right to earlier availability.
3. On the agreed day of departure, the room must be vacated and made available to the Hotel by 11:00 at the latest. After that the Hotel, for incurred damage through additional use of the room, can impose a charge of 50% of the room price (listed price) up to 14:00 and 100% of the room price thereafter. The customer is free to prove to the Hotel that no or much lesser damages were incurred.
VII. Hotel liability
1. The Hotel is liable with the diligence of a prudent businessperson. However, for non-typical services, this liability is limited to deficiency in performance, damage, and complications or disturbances attributable to intent or gross negligence on the part of the Hotel. Should disturbances or deficencies in the Hotel’s services emerge, through discovery or from a customers immediate complaint, the Hotel will endeavour to resolve the problem. The customer is obliged to reasonably contribute to a remedy of the breakdown, and to keep any possible damage to a minimum.
2. We accept no liability for personal belongings.
3. Statutory regulations apply regarding the full liability of the Hotel.
4. When a customer avails of a parking space in the Hotel garage or Hotel parking lot, even if a fee is paid, this does not constitute a safekeeping agreement. The Hotel is not liable for loss of, or damage to, motor vehicles parked or manoeuvred, or their contents, except in the case of the Hotel’s willful misconduct or gross negligence. This also applies to agents of the hotel.
5. Messages, post and deliveries for guests are handled with care. The hotel will take delivery of items, store them, and for a fee will forward them for a customer. Claims for damages, except in cases of intent or gross negligence, will not be accommodated.
VIII. No Smoking
1. The Hotel is a non-smoking Hotel and it is prohibited in the entire interior of the hotel.
2. In the case of a breach of this smoking ban, and in light of the increased cleaning costs and potential unlettability of the room, the Hotel will seek compensation by way of a flat penalty of 100EUR. The customer is free to prove that the above-mentioned claim is not valid, or that the compensation expectation is too high.
IX. Final Clauses
1. Changes or additions to the contract, and the acceptance of the Hotels Terms and Conditions for accommodation are required in written form. Unilateral changes or additions made by the customer are deemed invalid.
2. Place of delivery and place of payment is the Hotel itself.
3. The exclusive jurisdiction for commercial transactions is Berlin, including disputes over checking and exchange. In cases where a contracting partner fulfills the requirements of 38 Absatz 1 ZPO and has no general jurisdiction inside Germany, then the jurisdiction is deemed to be the Hotel itself.
4. The law of the Federal Republic of Germany applies.
5. Should individual provisions within these terms and conditions, regarding Hotel accommodation, be deemed invalid or become void, this shall not affect the validity of the remaining provisions. The Parties undertake, in the case of invalid or void provisions to replace these invalid or void provisions with relevant and effective provisions for commercial purpose. Otherwise, the statutory provisions will apply.
6. This English translation is for reference purposes only. Where there are any discrepancies between the original German version and this English version, the original German version always prevails.
Date: 01. August 2014