General Terms & Conditions

FLEESENSEE FERIENDORF GMBH | STATUS 25.02.2021

(hereinafter referred to as the “hotel”) with respect to the Beech Resort Fleesensee.

§ 1 APPLICATION DOMAIN

1. These General Terms and Conditions (GTC) apply to contracts concerning all services provided by the hotel to the guest, the organizer, and other contractual partners (hereinafter referred to as the “customer”), particularly contracts for the rental of hotel rooms.
2. The customer’s own terms and conditions do not apply, even if the hotel does not expressly object to them.

§ 2 CONTRACT FORMATION

1. The contract is concluded when the hotel accepts the customer’s request. If the hotel makes a binding offer to the customer, the contract is concluded once the customer accepts that offer. In both cases, the hotel may confirm the booking in written form at its discretion.
2. The contractual parties are the hotel and the customer.
3. For bookings under the “BEECH Flexibel” rate, the total travel price must be paid directly at the hotel.
4. For bookings under the “BEECH Limited” rate, the travel price must be paid 100% at the time of booking via credit card.
5. For promotion rates or other discounted offers, the travel price is also due 100% at the time of booking via credit card.
6. For bookings made on the website https://www.beechresort-fleesensee.com/en/, the customer must provide a valid credit card. The customer agrees that the hotel or a service provider authorized by the hotel may charge the respective due amounts to the provided card.
7. The subletting, transfer, or free use of booked services by third parties, as well as use for other lodging purposes, is only permitted with explicit permission from the hotel. The hotel may grant a written exception at its own discretion upon request.

§ 3 ROOM USE,

ROOM HANDOVER, DEPARTURE

1. Rooms are provided exclusively for accommodation purposes.
2. The customer is liable to the hotel for any damages caused by them or by third parties who, at the customer’s request, make use of the hotel’s services. This applies in particular to so-called allotment contracts.
3. Unless expressly agreed otherwise, the customer has no entitlement to specific rooms.
4. Booked rooms are available to the customer from 4:00 PM on the day of arrival, unless otherwise agreed. Unless otherwise agreed, the hotel will hold reserved rooms until 6:00 PM. After that time, the hotel has the right to reassign the room without the customer being able to derive any rights or claims from this.
5. On the day of departure, rooms must be vacated by 10:00 AM at the latest, unless otherwise agreed. Thereafter, the hotel may charge the daily room rate for the additional use of the room until 4 p.m. in addition to the resulting damage, and from 4 p.m. 100% of the full accommodation rate (list price).

§ 4 EVENTS / CONFERENCES

The customer must inform the hotel of the final number of participants in an event/conference no later than seven days before the start of the event/conference. If the customer communicates a higher number of participants than agreed, this higher number of participants shall only become part of the contract if the hotel agrees to this in writing. If the hotel does not agree in writing, the customer shall not be entitled to hold the event/conference with a higher number of participants. If the hotel agrees, invoicing shall be based on the new agreement (with any additional expenses). The customer is not entitled to consent.

2. If the agreed start time of an event/conference is postponed, the hotel is entitled to charge the customer for all additional costs incurred as a result.

3. Reserved rooms are only available to the customer within the period agreed in writing. The hotel reserves the right to make room changes insofar as these are reasonable for the customer, taking into account the interests of the hotel.

4. For events that extend beyond midnight, the hotel may charge from EUR 35 per booked service employee and per hour or part thereof, up to EUR 80 (for hotel management) plus statutory VAT.

5. The customer must obtain all official permits at its own expense, unless expressly agreed otherwise in writing. The customer is responsible for compliance with all relevant (regulatory) legal requirements. Fees payable to third parties for the event, such as GEMA fees, entertainment tax and the like, must be paid by the contractual partner to the creditor without delay.

6. The customer shall be liable for the conduct of its employees, event participants and other auxiliary staff in the same way as for its own conduct. The hotel may require the customer to provide appropriate security.

7. The customer is solely responsible for taking out the necessary insurance for items brought in.

8. The customer may not bring any food or drinks to the events. In special cases, a written agreement to the contrary may be made; in such cases, an overhead fee will be charged less the proportionate cost of goods (corkage fee).

9. Any kind of advertising, information, etc. of the customer that makes reference to the hotel, in particular by using the hotel name, requires the prior written consent of the hotel.

§ 5 PRICE, PAYMENTS, OFFSET AND ASSIGNMENT

1. The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

2. The customer is obliged to pay the hotel’s agreed prices for these and other services used. This also applies to services and expenses of the hotel to third parties arranged by the customer

3. In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.

4. The agreed prices include the legally applicable value added tax. Should the VAT rate applicable to the contractual services increase or decrease after conclusion of the contract, the hotel may adjust the prices accordingly

5. If the period between conclusion and fulfillment of the contract exceeds four months in accordance with the contractual agreements and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 5%.

6. The hotel is entitled to increase the prices if municipal charges (culture tax, visitor’s tax, etc.) are levied on the accommodation. The price increase is limited to the cost of the above-mentioned charges.

7. Unless other terms of payment have been expressly agreed, the hotel’s invoices are due for payment immediately upon receipt of the reservation confirmation, without any deductions. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest on arrears at a rate of 10% above the prime rate for companies and 5% above the prime rate for consumers. The hotel reserves the right to provide evidence of higher damages.

8. The subletting and re-letting of rooms, other rooms, areas or showcases as well as invitations to job interviews, sales or similar events require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

9. The hotel is entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee or similar from the customer upon conclusion of the contract. If an advance payment is not made within the agreed period, the hotel may withdraw from the contract and demand compensation.

10. In justified cases (e.g. payment arrears of the customer or extension of the scope of the contract), the hotel is entitled to demand an increase in the advance payment agreed in the contract or an increased security deposit in the amount of the expected accommodation costs.

11. Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay, insofar as such has not already been made in accordance with the above provisions.

12. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

§ 6 CANCELLATION / REDUCTION

1. Cancellation of the accommodation contract by the customer requires the prior written consent of the hotel. Without the hotel’s consent, the customer shall be obliged to pay 90% of the contractually agreed price for each overnight stay booked for rooms not used, insofar as it is not possible to re-let the room. The customer is at liberty to prove that the above-mentioned claim has not arisen or has not arisen in the amount demanded. The customer can no longer claim the room for a booking lasting several days if he does not arrive on the first day of the reservation without consulting the hotel.

In this case, the hotel is entitled and obliged to re-let the room for the remaining period, insofar as this is possible.

2. If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

3. Services provided by third parties or special services (e.g. cakes, flowers, etc.) that are rendered useless as a result of the cancellation must be paid for in full by the customer.

4. Bookings under the “BEECH Flexible” rate can be canceled free of charge up to 3 days before arrival (until 18:00). From 18:00 onwards, a cancellation fee of 90% will be charged.

5. Bookings under the “BEECH Limited” rate can be canceled free of charge up to 14 days before arrival (until 18:00). From 18:00 onwards a cancellation fee of 90% will be charged.

6. Bookings of a promotion or further discounted rate can no longer be canceled free of charge from the time of booking. A cancellation fee of 90% will be charged.

7. In the event of cancellation or reduction of booked events and conferences (including room bookings, catering, supporting program, etc.), the following deadlines and compensation regulations apply:

a) 5 to 25 room units
• up to 6 weeks before the event, 50% of the overnight stays and event turnover can be canceled free of charge
• up to 4 weeks before the event, 30% of the overnight stays and event turnover can be canceled free of charge
• up to 1 week before the event, 5% of the overnight stays and event turnover can be canceled free of charge

b) 26 to 75 room units
• up to 3 months before the event, 50% of overnight stays and event revenues can be canceled free of charge
• up to 4 weeks before the event, 15% of the overnight stays and event turnover can be canceled free of charge
• up to 2 weeks before the event, 5% of the overnight stays and event turnover can be canceled free of charge
• up to 1 week before the event, 2 overnight stays and event participants can be canceled free of charge

c) from 76 room units
• up to 6 months before the event, 50% of the overnight stays and event turnover can be canceled free of charge
• up to 8 weeks before the event, 10% of the overnight stays and event turnover can be canceled free of charge
• up to 3 weeks before the event, 5% of the overnight stays and event turnover can be canceled free of charge
• up to 1 week before the event, 3 overnight stays and event participants can be canceled free of charge

d) Events / conferences as exclusive lettings are subject to an individual cancellation and reduction agreement in their contract.

8. The customer is entitled to provide evidence that the damage to the hotel is non-existent or lower.

9. If the hotel is able to provide the canceled service to a third party during the agreed period, the customer’s compensation shall be reduced by the amount paid by this third party for the canceled service, up to a maximum of the total compensation.

§ 7 WITHDRAWAL OF THE HOTEL

The hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if

a) an agreed advance payment is not made even after a reasonable grace period set by the hotel has expired,

b) the fulfillment of the contract is impossible due to force majeure, strike or other circumstances for which the hotel is not responsible,

c) rooms / events are booked with misleading or false statements of material facts (e.g. in the person of the customer or the purpose).

d) the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organization.

§ 8 EXTERNAL SERVICES

In addition to the hotel services, the hotel may arrange third-party services for the customer (e.g. bicycles, excursions). Third-party services are not provided by the hotel, but by third parties on their own responsibility and for their own account.

§ 9 LIABILITY OF THE HOTEL / LIMITATION

1. The hotel’s liability in the area of its own service provision is excluded (hereinafter referred to as the “exclusion of liability”), unless otherwise regulated in the following provisions:

a) The exclusion of liability does not apply to damages caused by culpable breach of a material contractual obligation in a manner that jeopardizes the achievement of the purpose of the contract. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. However, liability is limited to the damage typical for the contract, the occurrence of which each party to the contract had to expect based on the circumstances known to it at the time

b) The exclusion of liability does not apply to damages resulting from injury to life, limb or health caused by a negligent breach of duty by the hotel or its legal representatives or vicarious agents.

c) The exclusion of liability does not apply to damages caused by an intentional or grossly negligent breach of duty by the hotel or its legal representatives or vicarious agents.

d) The exclusion of liability does not apply to claims arising from the Product Liability Act.

2. Insofar as the liability of the hotel is excluded or limited, this also applies to the liability of its legal representatives, employees and vicarious agents.

3. The customer is obliged to notify the hotel of any recognizable defects in the hotel’s performance without delay, at the latest upon departure.

4. A safekeeping agreement between the hotel and the customer with regard to a motor vehicle parked on the hotel property does not come into existence. There is no surveillance. The hotel is not liable for loss of or damage to the vehicle (including its contents).

5. Items left behind by the customer/hotel user will only be forwarded at the request, risk and expense of the customer. The hotel will keep the items for 6 months and charge a reasonable fee for this. After this period, the items will be handed over to the local lost and found office if they have a recognizable value.

6. All claims of the customer against the hotel arising from or in connection with the contract shall become time-barred after one year, beginning at the end of the year in which the claim arose and the customer became aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence. This does not apply to claims for compensation for physical injury and damage to health or claims based on gross negligence.

§ 10 LAW

German law shall apply. The place of jurisdiction for commercial disputes is the registered office of the hotel.

Göhren-Lebbin, Februar 2021

Beech Resort Fleesensee
Am Kalkberg 1
17213 Göhren-Lebbin

Phone +49 (0) 39932 80300
info@beechresort-fleesensee.com
https://www.beechresort-fleesensee.com/en/