General Terms and Conditions (GTC)
- These General Terms and Conditions apply to contracts concerning the rental use of hotel rooms or yachts for accommodation purposes and to all additional supplies and services provided by the Hotel to the Customer.
- Subletting or reletting of the let rooms as well as their use for purposes other than accommodation require prior written approval from the Hotel.
- The Customer’s General Terms and Conditions shall apply only if these were agreed beforehand
The YachtHotel is a hotel complex with various rooms and suites as well as several yachts. A wellness area and several restaurant areas are included in the offering.
Conclusion of contract, contractual parties, liability, limitation
- A contact takes effect through the acceptance of the Customer’s booking request by the Hotel. The Hotel is at liberty to confirm the room booking in writing.
- The Customer and the Hotel are the contractual parties. If a third party has placed an order for the Customer, the third party is liable to the Hotel together with the customer as the co-debtor for all obligations arising from the hotel accommodation contract, insofar as the third party has supplied the hotel with an appropriate declaration to this effect.
- The Hotel is liable for its obligations arising from the contract. In areas not related to the provision of typical services, this liability is limited to cases of the Hotel’s intent and gross negligence.
- The period of limitation for all claims made by the Customer is 6 months.
- This limitation of liability and short period of limitation apply in favour of the Hotel including in the event of breach of obligation in terms of contract negotiations and positive breach of contract.
Vouchers and mailings
Vouchers and mailings that were sent by the Hotel can be offset in the Hotel as described on the vouchers. Vouchers cannot be exchanged for cash..
Services, prices, payment and offsetting
- The Hotel is obligated to hold the rooms ready that were booked by the Customer and to provide the agreed services
- The Customer is obligated to pay the agreed Hotel rates for the accommodation and all additional services that were provided. This also applies to Hotel services and expenses arranged by the Customer on behalf of a third party.
- The agreed rates shall include the applicable statutory value-added tax. In the event that the period between the conclusion and the fulfilment of the contract exceeds 12 months and if the rate generally charged by the Hotel for such services increases, then the Hotel shall be entitled to increase the contractually agreed rate to an appropriate extent, but shall be limited to a maximum increase of 10%.
- The rates may also be changed by the Hotel if the Customer subsequently wants to change the number of booked rooms, the service of the Hotel or the duration of the Guests’ stay and the Hotel gives its consent thereto.
- Hotel invoices not showing a due date are due and payable in full on departure but at the latest within 14 days of receipt. The Hotel is entitled to declare at any time its accrued receivables to be due and to demand immediate payment thereof. In the case of default of payment, the Hotel is entitled to charge interest to the amount of 4% above the bank rate set by the German Bundesbank. The Customer and Hotel reserve the right to show evidence of lower or higher damages, respectively.
- The Customer can only incur or reduce payment against a claim by the Hotel in the event of an indisputable or legally binding claim.
- Services: The daily rate includes breakfast charged pro rata at 12.00€ per adult per day and 3.00€ per adult per day for use of the wellness centre.
Withdrawal by the customer (cancellation)
- The Customer may cancel a contract entered into with the Hotel only with the Hotel’s written consent. If this is not submitted, the rate agreed in the contract must be paid, even if the Customer does not make use of the contractual services. This does not apply in cases of delayed performance by the Hotel or of impossibility of performance for which the Hotel is at fault.
- The Customer may cancel the contract up to 2 days before arrival without incurring payment or damage compensation claims by the Hotel. The Customer’s right of withdrawal expires if the Customer does not exercise this right in writing to the Hotel by the agreed date, insofar as there is no delay in performance by the Hotel or impossibility of performance for which the Hotel is at fault. At certain periods, this right of withdrawal can be extended to 60 days before arrival.
- The Hotel can charge 80% of the reserved room or package price in the event of a cancellation outside of the free-of-charge cancellation period.
- The Hotel is entitled to charge a flat-rate amount for the damages incurred to be paid by the Customer. The Customer is then obligated to pay 80% of all services. The Customer is at liberty to show that no damages were incurred or that the damages incurred by the Hotel were lower than the flat-rate amount charged.
- The Hotel recommends taking out travel cancellation insurance including protection in the event of premature departure (available from any travel agent or bank).
- The Hotel’s own travel insurance can be booked with the reservation. The costs of this are 3.00€ per adult per day.
- The protection comes into effect if a trip cannot be undertaken due to an unexpected serious illness (medical certificate required) or in the event that one of the booked persons or their close relatives has an accident.
Cancellation by the hotel
- Insofar as a right to withdrawal from the contract on the part of the Customer within an agreed time period has been agreed in writing, the Hotel is equally within its rights to withdraw from the contract in this period if other customers wish to use the contractually reserved rooms and the Customer will not relinquish his right of withdrawal from the contract at the Hotel’s request.
- The Hotel is further entitled to the extraordinary cancellation of the contract if, for instance, the fulfilment of the contract is rendered impossible by force majeure or by other circumstances not within the responsibility of the Hotel: rooms are reserved with misleading or false information regarding material facts, such as the identity of the Customer or the purpose; the Hotel has justified reason for assuming that the Customer’s use of the Hotel’s services may put the smooth operation, safety or the public reputation of the Hotel at risk without being attributable to the Hotel’s sphere of control or organisation. If the scope of paragraph 2 is violated.
- The Hotel must notify the Customer without delay that it is exercising its right of withdrawal.
- The Customer can derive no right to compensation from justified withdrawal by the Hotel.
Provision of room, possession and return of the room
- The Customer acquires no right to the provision of certain specific rooms.
- Booked rooms shall be available to the Customer from 14:30 on the agreed day of arrival. The Customer has no right to earlier availability of the room.
- On the agreed date of departure, the rooms are to be vacated and made available to the Hotel by no later than 11:30. Thereafter, the Hotel may charge, beyond the damage incurred to it thereby, 50% of the daily room rate for the additional use of the room until 18:00, and 100% of the full applicable price (list price) after 18:00. The Customer is free to prove to the Hotel that no damage or a considerably lower damage has been incurred to the Hotel. Of course, once the room has been cleared you are welcome to stay with us in the hotel and in the wellness area.
Liability of the hotel
- The Hotel is to act with the due diligence of a prudent merchant. However, its liability is limited in non-typical service areas to performance defects, damage, consequential damage, and disruptions resulting from intent or gross negligence on the part of the Hotel. The Hotel will endeavour to remedy any disruptions to or faults in the services it provides as soon as it becomes aware of them. The Customer is committed to contribute to a reasonable degree to correct the disruption and to keep possible damage at a minimum.
- The Hotel’s liability for objects brought in by the Customer shall be limited to the hundredfold room price, but not more than 3,000.00€. The Hotel’s liability with regard to cash and valuable objects is limited to 750.00€ Cash and valuables can be stored in the safe provided in each room. The Hotel recommends making use of this facility. Liability claims shall expire unless the Customer notifies the Hotel immediately after gaining knowledge of the loss, destruction, or damage (section 703 German Civil Code). Liability claims shall also expire if the Customer does not keep the bedroom or balcony door locked and valuables can be easily stolen for this reason.
- Unlimited liability of the Hotel is governed by the statutory provisions.
- A contract of safe custody shall not materialise to the extent that a parking space has been made available to the customer in the hotel garage. The Hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the Hotel’s property, nor the contents thereof, except in cases of intent or gross negligence. This shall also apply to the Hotel’s aids.
- Wake-up services shall be performed by the Hotel with the utmost care. Claims for damages shall be ruled out except for intent or gross negligence.
- Messages, mailings and consignments of goods for the guests are treated with due diligence. The Hotel shall ensure delivery, storage and, upon request and against payment, forwarding of the same. Claims for damages shall be ruled out except for intent or gross negligence.
- Modifications or supplements to the contract, accepting the request or these Terms and Conditions for hotel accommodation shall be made in writing Unilateral amendments by the Customer are invalid.
- The place of fulfilment and the place of payment is the Hotel’s registered office.
- The exclusive place of jurisdiction in relation to commercial transactions – even for disputes regarding cheques and exchange – is the Hotel’s registered office In cases where one contractual party meets the requirements set out under section 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the court of jurisdiction will be that of the Hotel’s registered office.
- German law applies.
- Should separate provisions of these General Terms and Conditions be or become ineffective or void, the effectiveness of the remaining provisions is unaffected. In all other respects, the statutory provisions shall apply.
Last revised: 01/04/2018