General Terms and Conditions

1. Scope of application

   1. These Terms and Conditions apply to contracts for the rental of rooms of the FLAIR HOTEL NEETH, KAY NEETH, for temporary accommodation, as well as all other services and deliveries of the FLAIR HOTEL NEETH, KAY NEETH, provided for the orderer/customer. They do not apply insofar as the brokerage is carried out by a third party and this third party uses its own GTC and these have been included by virtue of the brokerage contract.
   2. The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of FLAIR HOTEL NEETH, KAY NEETH in text form, whereby § 540 para. 1 sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer.
   3. Terms and conditions of the orderer/customer shall only apply if this has been previously expressly agreed in text form and these have been submitted in text form to FLAIR HOTEL NEETH, KAY NEETH by the user of the GTC.

2. Conclusion of contract, contracting parties; limitation period

   1. The contract is concluded by the acceptance of the orderer’s/customer’s application by FLAIR HOTEL NEETH, KAY NEETH. The FLAIR HOTEL NEETH, KAY NEETH, is free to confirm the room reservation in text form.
   2. Contractual partners are FLAIR HOTEL NEETH, KAY NEETH, and the orderer/customer. If a third party has ordered on behalf of the orderer/customer, he shall be liable to the FLAIR HOTEL NEETH, KAY NEETH, together with the orderer/customer as joint and several debtors for all obligations arising from the contract, provided that the FLAIR HOTEL NEETH, KAY NEETH, has received a corresponding order from the third party.
   3. All claims against FLAIR HOTEL NEETH, KAY NEETH, 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 are subject to a limitation period of five years, irrespective of knowledge. The reductions of the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by FLAIR HOTEL NEETH, KAY NEETH, their contractual partners and their respective employees.

3. Services, prices, payment, set-off

   1. The FLAIR HOTEL NEETH, KAY NEETH, is obliged to keep the rooms booked by the orderer/customer ready and to provide the agreed services.
   2. The client/customer is obligated to pay the prices of FLAIR HOTEL NEETH, KAY NEETH, applicable or agreed upon for the provision of the room and the other services used by the client/customer. This also applies to services and expenses of the FLAIR HOTEL NEETH, KAY NEETH, to third parties (e.g. flowers) arranged by the orderer/customer.
   3. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and its fulfillment exceeds four months and if the price generally charged by FLAIR HOTEL NEETH, KAY NEETH for such services increases, the latter may reasonably increase the contractually agreed price, but not by more than 5%.
   4. Furthermore, the prices may be changed by the FLAIR HOTEL NEETH, KAY NEETH, if the orderer/customer subsequently requests changes in the number of booked rooms, the further service of the FLAIR HOTEL NEETH, KAY NEETH, or the duration of stay of the orderer/customer and the FLAIR HOTEL NEETH, KAY NEETH, agrees to this contractual change in text form.
   5. Invoices of FLAIR HOTEL NEETH, KAY NEETH, are payable immediately without deduction upon receipt of the invoice. FLAIR HOTEL NEETH, KAY NEETH, is entitled to declare accrued claims due at any time and to demand immediate payment. In case of default of payment, FLAIR HOTEL NEETH, KAY NEETH, is entitled to charge the respectively applicable statutory default interest in the amount of currently 8% or, in case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The FLAIR HOTEL NEETH, KAY NEETH, reserves the right to prove higher damages.
   6. FLAIR HOTEL NEETH, KAY NEETH, is entitled to demand a reasonable advance payment or security deposit from the client/customer upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in the contract in text form.
   7. The orderer/customer may only offset or reduce a claim of FLAIR HOTEL NEETH, KAY NEETH with an undisputed or legally binding claim.
   8. Out of consideration for other guests, bringing pets is possible only upon prior request and for an additional charge.

4. Withdrawal of the orderer/customer (i. e. cancellation) / non-utilization of the services of FLAIR HOTEL NEETH, KAY NEETH,

   1. A withdrawal of the orderer/customer from the contract concluded with FLAIR HOTEL NEETH, KAY NEETH, requires the consent in text form ofFLAIR HOTEL NEETH, KAY NEETH. If this is not done, the agreed price from the contract must be paid even if the customer does not use contractual services or does not use them completely. This shall not apply in the event of a breach of the obligation of FLAIR HOTEL NEETH, KAY NEETH, to take into account the rights, legal interests and interests of the customer/client, if the customer/client can no longer reasonably be expected to adhere to the contract as a result thereof or if the customer/client is entitled to any other statutory or contractual right of rescission.
   2. If a date for withdrawal from the contract free of charge has been agreed in text form between the FLAIR HOTEL NEETH, KAY NEETH, and the orderer/customer, the orderer/customer may withdraw from the contract until the agreed date without triggering claims for payment or damages by the FLAIR HOTEL NEETH, KAY NEETH. The orderer’s/customer’s right of withdrawal shall expire if he/she does not exercise his/her right of withdrawal in text form vis-à-vis FLAIR HOTEL NEETH, KAY NEETH, by the agreed date, unless a case of withdrawal of the orderer/customer pursuant to number 1 sentence 3 exists.
   3. In case of rooms not used by the orderer/customer, FLAIR HOTEL NEETH, KAY NEETH, shall credit the saved expenses.
   4. The FLAIR HOTEL NEETH, KAY NEETH, is free to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. In this case the customer is obliged to pay at least 80% of the contracted price for accommodation with or without breakfast, 70% for half board and 60% for full board arrangements. The customer/client shall be free to prove that the above-mentioned claim has not arisen or has not arisen in the amount claimed.

5. Resignation of the FLAIR HOTEL NEETH, KAY NEETH

   1. If a cost-free right of withdrawal of the orderer/customer within a certain period of time has been agreed in text form, the FLAIR HOTEL NEETH, KAY NEETH, is entitled for its part to withdraw from the contract within this period of time if there are inquiries from other orderers/customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the FLAIR HOTEL NEETH, KAY NEETH.
   2. If an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 above is not made even after expiration of a reasonable grace period set by the FLAIR HOTEL NEETH, KAY NEETH, the FLAIR HOTEL NEETH, KAY NEETH, shall be entitled to withdraw from the contract.
   3. Furthermore, FLAIR HOTEL NEETH, KAY NEETH, is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if
      1. force majeure or other circumstances beyond the control of FLAIR HOTEL NEETH, KAY NEETH, make it impossible to fulfill the contract;
      2. rooms are booked under misleading or false information of essential facts, e.g. in the person of the orderer/customer or the purpose;
      3. the FLAIR HOTEL NEETH, KAY NEETH, has reasonable grounds to believe that the use of the service may jeopardize the smooth operation, safety or public reputation of the FLAIR HOTEL NEETH, KAY NEETH, without this being attributable to the sphere of control or organization of the FLAIR HOTEL NEETH, KAY NEETH;
      4. there is a violation of clause I No. 2 above.
   4. In the event of a justified withdrawal by FLAIR HOTEL NEETH, KAY NEETH, the orderer/customer shall have no claim for damages.

6. Room provision, handover and return

   1. The customer does not acquire the right to the provision of certain rooms.
   2. Booked rooms are available to the orderer/customer from 14:00 on the agreed day of arrival. The customer has no right to earlier provision.
   3. On the agreed day of departure, the rooms must be vacated and made available to the FLAIR HOTEL NEETH, KAY NEETH, no later than 11:00 a.m. Thereafter, FLAIR HOTEL NEETH, KAY NEETH may charge the orderer/customer 50% of the full accommodation price (list price) for each additional day of late return in case of non-return by 6:00 p.m. due to the late vacating of the room for its use exceeding the contract, and 100% after 6:00 p.m.. Contractual claims of the orderer/customer are not justified by this. He is free to prove that the FLAIR HOTEL NEETH, KAY NEETH, has not incurred any or a significantly lower claim for compensation for use.
   4. All rooms are non-smoking. In case of violation – including smoking on the terrace or balcony with the door open and the smell of smoke in the room, the FLAIR HOTEL NEETH, KAY NEETH, will charge a basic cleaning fee of 150 €.

7. Liability of FLAIR HOTEL NEETH, KAY NEETH,

   1. The FLAIR HOTEL NEETH, KAY NEETH, is liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the orderer/customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if the FLAIR HOTEL NEETH, KAY NEETH, is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the FLAIR HOTEL NEETH, KAY NEETH, and damages based on an intentional or negligent breach of duties typical for the contract by the FLAIR HOTEL NEETH, KAY NEETH. A breach of duty by FLAIR HOTEL NEETH, KAY NEETH, is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or defects in the services of the FLAIR HOTEL NEETH, KAY NEETH, the FLAIR HOTEL NEETH, KAY NEETH, shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the orderer/customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.
   2. FLAIR HOTEL NEETH, KAY NEETH, is liable to the orderer/customer for objects brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, not exceeding € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables can be stored up to a maximum value of € 5,000 in the safe of the FLAIR HOTEL NEETH, KAY NEETH, or up to a maximum value of € 500 in the room safe. The FLAIR HOTEL NEETH, KAY NEETH, recommends to make use of this possibility. The liability claims expire if the Client does not notify FLAIR HOTEL NEETH, KAY NEETH immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). For any further liability of the FLAIR HOTEL NEETH, KAY NEETH, the above number 1 sentences 2 to 4 shall apply accordingly.
   3. Insofar as a parking space is made available to the customer/client in the parking lot, this does not constitute a custody agreement. The FLAIR HOTEL NEETH, KAY NEETH, shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the property and their contents, except in cases of intent or gross negligence. Number 1 sentences 2 to 4 above shall apply mutatis mutandis.

   4. Wake-up calls are carried out by the FLAIR HOTEL NEETH, KAY NEETH, with the utmost care. Messages, mail and merchandise shipments for guests are handled with care. The FLAIR HOTEL NEETH, KAY NEETH, will take care of the delivery, storage and – on request – the forwarding of the same against payment. Number 1 sentences 2 to 4 above shall apply mutatis mutandis.

8. Final provisions

   1. Amendments or supplements to the contract, the acceptance of the application or these terms and conditions must be made in text form. Unilateral changes or additions by the customer/client are invalid.
   2. Place of performance and payment is the registered office of FLAIR HOTEL NEETH, KAY NEETH, Lehmkuhlen – OT Dammdorf.
   3. The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions shall be the registered office of the FLAIR HOTEL NEETH, KAY NEETH, Provided that a contracting party fulfills the prerequisite of § 38 para. 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of FLAIR HOTEL NEETH, KAY NEETH.
   4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
   5. 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.

9. Mandatory information according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council:

1. Link to the homepage of the European Commission’s Online Dispute Resolution Body for consumer disputes: http://ec.europa.eu/consumers/odr/ – further information is available under this link. For initial questions about possible dispute resolution, please contact us at info@neeth.de.