GTC

General Terms and Conditions of the Hotel & Restaurant Kühl Neumünster

Scope of application

These GTC apply to all contracts for guest accommodation concluded between Hotel Kühl GmbH & Co KG (hereinafter referred to as the "Hotel") and third parties (guests/contractual partners), as well as to all other services and deliveries of the Hotel. The services consist in particular of the provision of hotel rooms and other premises for a fee, e.g. for events, conferences, banquets and other functions, the sale of food and beverages, the organisation of music events, dance events and all other associated services and deliveries of the hotel. The hotel is authorised to provide its services through third parties.

Conclusion of contract and resale

Acceptance of a reservation by the guest, whether verbal or in writing, constitutes the conclusion of an accommodation contract. This reservation of ordered rooms binds both contracting parties. The reservation for rooms that have been ordered but not yet paid for is valid until 18:00 on the day of arrival. There is no entitlement to the use of a particular room. The hotel reserves the right to let the reserved rooms to other parties after the reservation has expired. The hotel will provide the guest with a binding booking or reservation number and, on request, a written confirmation of the reservation. The hotel reserves the right to set industry-standard restrictions such as minimum stays, booking guarantees or deposits for certain dates. 2. the resale or subletting of booked rooms is prohibited. In particular, it is not permitted to sublet rooms or room allotments to third parties at prices higher than the actual room rates. The assignment or sale of the claim against the hotel is also not permitted. In such cases, the hotel is entitled to cancel the booking, in particular if the guest has provided false information regarding the booking or payment when passing it on. The use of a hotel room for any purpose other than accommodation is expressly prohibited. 3. if the contractual partner concludes a contingent contract, he is liable for all damages culpably caused by the end user.

Room use, room handover, cancellation deadlines, smoking ban

The rooms are provided exclusively for accommodation. Pets may only be brought along with the prior consent of the hotel for a separate fee. There are only limited rooms for pets. 2. reserved rooms are available to the guest from 14:00 on the day of arrival until 11:00 on the day of departure. A later departure (late check-out) can be arranged on request and subject to availability. If the hotel agrees to a late check-out, a fee of 20 euros will be charged for the additional use of the room. For departures after 13:00, the full daily room rate will be charged. There is no entitlement to late check-out. 3. unless otherwise agreed, the hotel may reallocate booked rooms after 18:00 without the contractual partner being able to derive any rights or claims from this. A guaranteed reservation is made if the guest confirms the overnight stay by credit card and does not cancel the booked rooms before 6 p.m. on the day of arrival. If the guest does not show up (no show), the full amount of the booked stay minus breakfast will be charged. For bookings as part of a contingent contract or for a reservation of more than five rooms per night, the cancellation deadlines and agreements set out in these contracts apply. For bookings during events and trade fairs, a cancellation period of 60 days prior to arrival (18:00) applies. Reservations can also be cancelled by stating the reservation number. 4. smoking is prohibited in all rooms and public areas of the hotel. In the event of an offence, the guest violating the smoking ban will be charged an additional cleaning fee of €50.00. If, due to a violation of the smoking ban, it is not possible to re-let the room due to persistent odour nuisance, the hotel reserves the right to charge the guest for the full loss of revenue, even after his departure. 5. the prices quoted are total prices and include all statutory taxes, fees and charges. The hotel reserves the right to adjust the prices accordingly if the tax rates, fees and charges change or new, previously unknown taxes, fees and charges are levied.

events

To enable the hotel to make thorough preparations, the contract partner must inform the hotel of the final number of participants no later than ten working days before the start of the event. If the contract partner specifies 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 contract partner is not entitled to organise the event with a higher number of participants. If the hotel agrees, the invoice shall be issued in accordance with the new agreement (possibly with additional costs). The contract partner is not entitled to consent. Billing shall be based on the contractual agreements irrespective of the notification of the number of participants. If fewer participants actually attend the event, this shall have no effect on invoicing.
If the agreed time for the start of the event is postponed, the hotel is entitled to charge the contract partner for all additional costs incurred as a result.
Reserved rooms shall only be available to the Contractual Partner within the period agreed in writing. Any use beyond this requires the written consent of the hotel and is generally only possible for an additional fee. We reserve the right to change rooms as long as this is reasonable for the contract partner, taking into account the interests of the hotel.
If events continue beyond 1:00 a.m., the hotel may, unless otherwise agreed in writing, charge 80.00 euros plus statutory VAT for each hour or part thereof. The Contractual Partner shall be liable to the Hotel for any additional services provided to the event participants or to third parties in connection with the event. ...
In order to avoid damage, the attachment and installation of decorative material or other items must be agreed with the hotel in advance. Exhibits and other items brought into the hotel must be removed at the end of the event. If the Contractual Partner fails to comply with this provision, the Hotel shall be entitled to remove and store such items at the Contractual Partner's expense. The Contractual Partner shall be responsible for the disposal of transport packaging, outer packaging and other packaging material. If the Contractual Partner leaves the packaging behind after the end of the event, it may be disposed of for a fee. All items used during the event, such as decoration material, must comply with all applicable regulations.
The hotel is not liable for insured items. The contract partner is responsible for taking out the necessary insurance.

In order to avoid damage, the attachment and installation of decorative material or other items must be agreed with the hotel in advance. Exhibits and other items brought into the hotel must be removed at the end of the event. If the Contractual Partner fails to comply with this provision, the Hotel shall be entitled to remove and store such items at the Contractual Partner's expense. The Contractual Partner must dispose of the packaging, outer packaging and other packaging material brought along at its own expense. Disposal may be subject to a charge if the Contractual Partner leaves the packaging material behind after the end of the event. All items brought along during the event, such as decoration material, must comply with all relevant regulations. 8. the hotel does not assume any insurance for items brought along. It is the sole responsibility of the contractual partner to take out the necessary insurance. 9. faults or defects in the facilities provided by the hotel will be rectified insofar as this is possible for the hotel. The contract partner cannot derive any claims from this. 10. if the contract partner brings his own electrical equipment, the hotel management's consent is required before it is connected to the power grid. The electricity consumption incurred shall be charged according to the applicable prices for the provision and the labour price as invoiced to the hotel by the utility company. The hotel may record and charge a flat rate for electricity consumption. Any faults or defects in the hotel's technical equipment caused by the connection shall be borne by the contract partner. 11. if the hotel procures technical or other equipment from third parties for the contract partner, it acts in the name and for the account of the contract partner. The Contractual Partner shall be liable for the proper handling and return of such equipment and shall indemnify the Hotel against all third-party claims upon first written request. The hotel shall not be liable for failure to procure the equipment in good time or for defects in the procured equipment. 12. the rented rooms of the hotel, all paths and the indoor and outdoor facilities may not be altered in their construction. On the day of arrival they are in the condition of the day. The customer shall be liable for damage caused by improper fastenings, the use of nails, screws, adhesive tape and their residues as well as particular soiling of walls, floors or fixtures, both for himself and for his guests.

CANCELLATION BY THE CUSTOMER (CANCELLATION)

Cancellation of the contract concluded by the customer with the hotel is only possible if a cancellation right has been expressly agreed in the contract, another statutory cancellation right exists or if the hotel expressly agrees to the cancellation of the contract in writing. The agreement of a cancellation right and any consent to the cancellation of the contract must be made in writing. 2. if a cancellation date free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract up to this date without incurring payment or compensation claims by the hotel. The customer's right of cancellation expires if he does not exercise his right of cancellation vis-à-vis the hotel by the agreed date. 3. if no right of cancellation has been agreed or has already expired, there is also no statutory right of cancellation or termination and if the hotel does not agree to a termination of the contract, the hotel retains the right to the agreed remuneration, even if the service is not used. The hotel is obliged to offset the saved expenses. The amount of expenses saved may be calculated as a lump sum. The customer may provide evidence that the claim did not arise or did not arise in the amount claimed. The hotel may provide evidence that a higher claim has arisen. 4. in the event of a customer cancellation, the hotel is entitled to charge a room rental fee in the amount of the usual room rental fee and 70 % of the lost food and beverage sales. 5. the food and beverage turnover is calculated according to the following formula: Agreed consumption price x number of participants. If the order has not yet been specified in detail, the cheapest current buffet and 2 drinks per guest shall serve as the basis for calculation.

CANCELLATION OF THE HOTEL

If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract itself during this period if the hotel has received enquiries from other customers for the contractually booked event rooms and the customer does not waive his right of withdrawal in response to an e-mail enquiry from the hotel with a notice period of 3 working days.
If an agreed or requested advance payment or security deposit is not made even after the expiry of a reasonable period of 3 working days set by the hotel, the hotel is also entitled to withdraw from the contract while maintaining its claim to payment.
In addition, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, in particular if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; - events or rooms have been booked with false or misleading information or with concealment of material facts, whereby the identity of the customer, his solvency or the purpose of the stay may be material; - the hotel has reasonable indications that the event may jeopardise the smooth running of the business, the security or the reputation of the hotel in the public eye without the hotel being responsible for this; - the purpose or occasion of the event is unlawful or violates regulations. (4) A justified cancellation by the hotel shall not entitle the customer to claim damages.

Means of payment/ provision of the service

The applicable prices are gross total prices and include all statutory taxes, fees (except parking fees) and charges. The hotel reserves the right to adjust the prices accordingly in the event of changes to tax, fee and charge rates and the effective levying of new taxes, fees and charges previously unknown to the parties.
Cash in euros, EC card, Mastercard and Visa Card in euros are accepted as valid means of payment. The provision of services on account is not possible. 3. the prices for the services offered are based on the hotel's price list valid at the time the service is provided. 4. increases in value added tax shall be borne by the contractual partner. If the period between the conclusion of the contract and the first provision of services is 120 days or more, the hotel reserves the right to increase the prices by a maximum of 15%. Subsequent changes to the services may lead to price changes. The hotel reserves the right to demand an advance payment or security deposit from the contract partner upon conclusion of the contract. The amount of the advance payment and the payment dates may be specified in the contract. 5. invoices must always be paid directly in cash or by credit card. Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel may at any time demand immediate payment of due claims from the customer. The statutory provisions shall apply if the customer is in default of payment. The hotel reserves the right to prove higher damages. In the event of late payment, the hotel shall be entitled to charge the applicable statutory default interest. A reminder fee of EUR 5.00 may be charged for each reminder. All further collection costs shall be borne by the Contractual Partner. 9. the contractual partner may only offset undisputed or legally established claims against claims of the hotel. The same applies to the exercise of a right of retention based on the contractual partner's own claims. Claims and other rights may only be assigned with the written consent of the hotel. If the contract partner uses a credit card without physical presentation (e.g. by telephone, online, etc.) to pay for hotel services requiring advance payment (e.g. general orders with advance payment, guaranteed bookings or vouchers), the contract partner has no right vis-à-vis the hotel to cancel this charge with his credit card company.

Vouchers

can only be redeemed for services at the hotel. Remaining credit remains valid. The voucher is valid for 3 years from the date of issue. Vouchers cannot be returned, resold or redeemed for cash. It is not possible to use vouchers for online payments. The purchaser of the voucher is responsible for providing the correct details (in particular e-mail address) to which the voucher and invoice are to be sent.

9 Liability of the hotel The hotel is liable for damages resulting from breaches of duty that affect life, limb or health. The hotel is also liable for other damages resulting from intentional or grossly negligent breaches of duty by the hotel, as well as for damages resulting from intentional or negligent breach of contractual obligations. The hotel's liability also extends to breaches of duty by its legal representatives, employees or vicarious agents. Further claims for damages are excluded, unless otherwise stipulated in these General Terms and Conditions. If disruptions or defects occur in the hotel's services, the hotel will endeavour to remedy the situation if it becomes aware of them or if the guest complains immediately. The guest is obliged to do his utmost to remedy the disruption and minimise any possible damage. The guest is also obliged to inform the hotel in good time of the possibility of exceptionally high damages. The hotel is liable for items brought into the hotel in accordance with the statutory provisions. The claim expires if the guest does not report the loss, destruction or damage to the item brought in after becoming aware of it. Unlimited liability is governed by the statutory provisions. The provision of a parking space in the hotel car park, even for a fee, does not constitute a safekeeping agreement. The hotel is under no obligation to monitor the car park. The hotel is liable for all damage within the scope of the provisions set out in paragraph 1. The guest is obliged to report any damage immediately, but obvious damage at the latest before leaving the car park. The hotel is not liable for damage caused solely by other tenants or other third parties.

12 Place of fulfilment and place of payment, place of jurisdiction, ancillary agreements, partial invalidity

The place of fulfilment and payment for both parties is the registered office of the hotel. German law shall apply; the UN Convention on Contracts for the International Sale of Goods and the conflict of laws shall be excluded. With the exception of private end consumers, the place of business of the hotel is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract. Subsidiary agreements, amendments or supplements to these General Terms and Conditions must be made in writing. Unilateral amendments and additions by the contractual partner are invalid. 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. The contracting parties undertake to replace the invalid provision with one that is valid and comes as close as possible to the meaning of the invalid provision. In all other respects, the statutory provisions shall apply.

Hotel car parks (AGBP)

RENTAL AGREEMENT

1.1 As part of the hotel accommodation contract, the hotel provides the tenant with an unguarded car park for a fee, if available and not otherwise occupied. However, there is no entitlement to a car park.

1.2 By accepting the parking ticket and/or entering the car park or the hotel car park (hereinafter referred to as the "parking area"), a rental agreement is concluded between the hotel and the tenant for the desired parking space for the desired parking period during the opening hours in accordance with these parking conditions.

1.3 Neither supervision nor safekeeping are part of this contract for all types of car parks. The hotel assumes no responsibility or special duty of care for the items brought by the renter. It is recommended that no valuables be left in the vehicle.

1.4 The hotel expressly points out that the entire hotel and the outdoor area may be under video surveillance for security reasons.

2.1 The Hirer is obliged to exercise due care in traffic. In particular, the special traffic rules and safety regulations in the car park area must be observed. Instructions from the hotel staff that serve the purpose of safety or concern the house rules must always be followed immediately. Otherwise, the provisions of the road traffic regulations apply accordingly. Special signs must be observed. The speed limit is 10 km/h.

2.2 Vehicles may only be parked in the marked parking spaces, unless there are signs for long-term users or reserved spaces for other tenants. The hotel is authorised to relocate vehicles parked incorrectly or have them relocated at the tenant's expense. The hotel may charge a flat rate for this; however, the tenant may prove that no costs were incurred or that the costs are significantly lower than the flat rate.

2.3 The hotel is also authorised to remove the tenant's vehicle from the parking area or have it removed in the event of acute danger.

2.4 It is recommended that each Hirer locks his vehicle carefully and does not leave any valuables in the vehicle.

2.5 The opening hours are shown on the relevant notice boards.

SAFETY AND REGULATORY REQUIREMENTS

3.1 The road traffic regulations apply in the car park area; only walking speed is permitted.

3.2 The following things are not permitted in the parking area: smoking and using fire, storing fuels and flammable objects, running engines unnecessarily, parking vehicles with leaking tanks or carburettors, refuelling, repairing, cleaning the vehicle interior, draining cooling water, fuels or oils, distributing advertising material.

3.3 The parking area may only be used for loading, unloading and collecting vehicles.

3.4 The tenant is obliged to immediately remove any soiling caused by him. If necessary, the hotel may have this removed at the tenant's expense.

FEE / PARKING DURATION

4.1 The amount of the parking fee and the permitted parking duration are set out in the current price list, which is publicly displayed.

4.2 The maximum parking duration corresponds to the duration of the hotel stay. A special written agreement must be made for a longer parking period.

4.3 After the maximum parking period has expired, the hotel is entitled to remove the vehicle from the parking area and store it at the renter's expense, provided that a written notice of at least two days has been given to the renter and/or vehicle owner and there has been no response or the value of the vehicle is obviously higher than the rental costs due. The hotel shall be entitled to a corresponding fee, which shall be borne by the vehicle owner.

4.4 If the parking ticket is lost, a fee of at least one day's parking fee or the equivalent of one night's hotel accommodation will be charged, unless the tenant can prove a shorter parking period or the hotel can prove a longer parking period.

4.5 The hotel may check the authorisation to collect and use the vehicle. Proof is provided by presenting the parking ticket; the renter may also provide other proof.

LIABILITY OF THE HOTEL

5.1 The hotel is only liable for damages that are proven to have been caused by it or its employees wilfully or through gross negligence.

5.2 The renter is obliged to report any damage to his vehicle to the hotel immediately. The hotel will take all necessary measures to help the renter.

5.3 However, the hotel accepts no liability for damage caused by other renters or third parties. This applies in particular to damage, destruction or theft of the vehicle or items in the vehicle.

5.4 If the lessee is a guest of the hotel and the hotel undertakes to park or collect the vehicle at the lessee's request, this does not constitute a safekeeping agreement or an obligation to monitor the vehicle, as this is merely a courtesy on the part of the hotel. Any damage caused to other vehicles or objects in the process must be covered by the renter's/vehicle owner's motor vehicle liability insurance. The hotel and the driver authorised by the hotel are also not liable for damage caused directly to the renter's vehicle or for financial losses in connection with the settlement of damage to other vehicles or objects via the renter's/vehicle owner's motor vehicle liability insurance (excess, premium increases, etc.), unless the driver authorised by the hotel caused the damage intentionally or through gross negligence.

LIABILITY OF THE TENANT

6.1 The tenant is liable for damage caused intentionally or negligently by himself, his employees, authorised representatives or accompanying persons. He is obliged to report such damage to the hotel without being asked before leaving the car park area.

6.2 The Hirer is liable for the cleaning costs for soiling in the car park area caused by the Hirer in accordance with point 3.2.

2024 Hotel Kühl, Neumünster