Terms and Conditions
§ 1 Conclusion of the Lease Agreement
- Upon receipt by us—Hotel Stadt Hamburg—of the registration form signed by the guest, you, as the guest, are making a binding offer to enter into the hotel accommodation agreement based on the terms and conditions set forth below.
- The hotel reservation agreement is concluded upon our acceptance (order confirmation), which does not require any specific form.
- If the desired hotel room is not available during the requested stay, we will immediately submit a written offer for a similar room, which the guest must accept within 10 days. This period begins one day after the letter is sent.
§ 2 Payment
- No deposit is required when the hotel reservation agreement is finalized. You are welcome to pay for your hotel room on the day of arrival or departure.
- We reserve the right to require an individually agreed-upon down payment in certain cases.
§ 3 Services
- We are only obligated to perform services that have been agreed upon in writing. Any side agreements must be confirmed in writing; otherwise, they are non-binding.
- Third-party brochures used for booking purposes (e.g., local and hotel brochures or tour operator calendars) are provided for informational purposes only and do not constitute a guarantee of their content.
- The room rates are calculated for the specific property in the booked category. The guest has no right to a specific room unless this has been expressly agreed upon.
- The reserved rooms will be available to the guest on the day of arrival between 2:00 p.m. and 6:00 p.m. Unless a later arrival time has been expressly agreed upon, we reserve the right to reallocate reserved rooms after 6:00 p.m., and the guest shall have no claim against the Hotel Stadt Hamburg in this regard. On the agreed departure date, the rooms must be vacated and made available by 11:00 a.m. at the latest.
- Hotel rooms may only be occupied by the persons listed on the travel registration form. Any additional occupancy that has not been notified to us in writing and confirmed by us is expressly prohibited and entitles us to charge an additional rental fee. This fee is calculated based on the length of stay and the number of guests (daily rate) and is charged for each day that an additional person stays in the hotel room. Alternatively, we may require that the additional person(s) leave the hotel room immediately. In the event of a violation, the entire hotel accommodation contract may be terminated without notice for the future. Any refund of the rental price already paid is forfeited.
- The guest agrees to treat the hotel room, its furnishings, and the public common areas with care and the utmost diligence. Upon departure, the hotel room and its furnishings must be returned free of significant soiling or dirt deposits, such that no additional effort beyond the standard final cleaning is required. The tenant shall be liable for compensation for any special types of soiling or damage that cannot be removed by the final cleaning, regardless of whether such soiling or damage was caused by the tenant, a roommate, or a third party.
- Smoking is prohibited throughout the hotel.
- Pets are not allowed at the Hotel Stadt Hamburg.
- If the hotel room originally reserved for the tenant cannot be used due to unforeseeable technical or other reasons, or due to force majeure, we are entitled to assign the tenant a different hotel room of equivalent quality prior to the start of the trip without prior consultation. In such a case, the tenant has no right to terminate or cancel the contract.
- In the event of any service disruptions, the tenant is required to notify us or our designated representative immediately. The tenant must take all reasonable steps to resolve the disruption and minimize any damage that may result from it.
- Any defects in the rental property that exist at the time of key handover or at the start of the tenancy, or that arise during the tenancy period, must be reported to us or our local representative immediately (within 48 hours at the latest). If the tenant fails to report such defects, they are not entitled to a reduction in the rental price. If the failure to report a defect results in damage to the rental property, the tenant is fully liable for the costs of repairing the damage. This also applies if the tenant caused the defect or the resulting damage themselves or through a third party. Any claims arising from the non-contractual performance of our services must be asserted by the tenant in writing within one month of the contractually scheduled end of the trip. After this period has expired, the tenant may only assert claims if he failed to meet this deadline through no fault of his own. Claims by the tenant are subject to a six-month statute of limitations. The statute of limitations begins on the day on which the trip was scheduled to end according to the contract. The provision of § 651g(2) sentence 3 of the German Civil Code (BGB) does not apply to this travel agency.
§ 4 Termination of the Hotel Accommodation Agreement
The guest is entitled to cancel the hotel reservation agreement at any time prior to the start of the stay. Notice of cancellation must be provided to us in writing. Cancellation is free of charge for the guest up to 4 days before the start of the stay. Withdrawal or cancellation of the hotel accommodation contract 1–3 days before the start of the rental period, or in the event of a no-show, will result in cancellation fees amounting to 90% of the agreed hotel room rate.
§ 5 Termination without notice by the landlord
As the lessor, we are entitled to terminate the hotel accommodation agreement without notice if there is good cause. This is the case, in particular,
a)if the tenant acts in breach of the agreement, e.g., by failing to meet the payment obligations specified above;
b)if the tenant or their roommates behave in a manner that is inconsiderate toward other hotel guests or place themselves in a situation that causes a nuisance to other hotel guests or damages the rented property or the hotel premises. This termination without notice may also be declared by our representative after the start of the trip and may be accompanied by a demand to vacate the hotel room immediately, without any entitlement to a refund. The termination without notice simultaneously constitutes a ban on entry for the tenant and his or her roommates. The ban on entry may also be imposed on individual roommates.
§ 6 Contagious Diseases
If the tenant or any of their roommates suffers from a contagious illness, they are required to report this before the start of the stay. This obligation also applies if the illness occurs during the rental period. A medical certificate describing the nature of the illness must be provided by the tenant at their own expense. We are entitled to terminate the contract without notice upon presentation of the medical report. The tenant agrees to indemnify us against any claims by third parties who are infected with this disease by him or a roommate. Any claims for compensation against us arising from such an infection are hereby expressly excluded.
§ 7 Miscellaneous
- We assume no liability whatsoever for the availability, quality, condition, or usability of any recreational facilities that may be present, unless a specific characteristic has been expressly guaranteed in writing. Days of inclement weather do not constitute grounds for a reduction in rent or for early termination of the lease.
- Guests may store their bicycles in a bike shed located on the hotel terrace. The Hotel Stadt Hamburg assumes no liability for this service.
§ 8 Limitation of Liability
Our liability as a lessor is limited, in accordance with § 651h of the German Civil Code (BGB), to a total amount equal to three times the rental price, in the same manner as that of a tour operator.
§ 9 Place of Performance and Jurisdiction
The place of performance for payments and any other obligations to be fulfilled by the tenant is Oldenburg/Holst. The Local Court of Oldenburg/Holst shall have jurisdiction over registered merchants, persons who do not have a general place of jurisdiction within Germany, and persons who, after the conclusion of the contract, transfer their domicile or habitual residence abroad or whose domicile or habitual residence is unknown at the time the action is filed. This also applies to actions brought against the tenant.
§ 10 Partial Invalidity
If any provision of this Agreement is or becomes void or invalid, the validity of the remaining provisions shall remain unaffected. The parties agree to replace the void or invalid provision as soon as possible by agreeing on a valid provision that, as far as possible, corresponds to the intent and purpose of the void or invalid provision.
As of January 2019
Hotel Stadt Hamburg, Hafenstraße 17, 23774 Heiligenhafen