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Terms & Conditions

General terms and conditions of business

§ 1 Scope

1.            These General Terms and Conditions (GTC) apply to all services provided by the Hotel St. Annen, Marcus van Riesen, Annenstraße 5, 20359 Hamburg (hereinafter “Hotel”) to the guest, the organizer or other contractual partners (hereinafter “Contractual Partner”) he brings. The services consist in particular of the provision of use of hotel rooms and other premises for a fee, for example. B. the sale of food and drinks (F&B as well as for all related other services and deliveries of the hotel. The hotel is entitled to provide its services through third parties.

2.            These terms and conditions apply to all types of contracts such as: B. Hotel accommodation, package travel, allotment or event contracts concluded with the hotel. The General Terms and Conditions also apply to all future transactions with the contractual partner.

3.            The contractual partner's general terms and conditions do not apply, even if the hotel does not expressly contradict them. Counter-confirmations from the contractual partner with reference to their general terms and conditions are hereby contradicted.

§ 2 Conclusion of contract

1.            The respective contract is generally concluded after an oral or written request from the contractual partner and through the hotel's acceptance. The hotel is free to accept the application in writing, orally, in text form (e-mail, fax) or conclusively by providing the service.

2.            If the contractual partner concludes a so-called contingent contract, the contractual partner is liable for all damage culpably caused by the end user.

3.            The subletting or subletting or the free use of the rooms provided by third parties as well as the use for purposes other than accommodation is only permitted if the hotel expressly permits this. The hotel may, at its own discretion, grant a written exception upon request.

§ 3 Room use, room handover, departure, smoking ban

1.            The rooms are made available exclusively for accommodation purposes.  Bringing animals is prohibited throughout the hotel.

2.            The contractual partner is liable to the hotel for all damage caused by him or by third parties who receive the hotel's services at his request.

3.            The contractual partner has no right to use specific rooms. If rooms in the hotel are not available, the hotel will inform the contractual partner immediately and offer an equivalent replacement in a nearby hotel of the same category. If the contractual partner refuses, the hotel must immediately reimburse services provided by the contractual partner.

4.            Booked rooms are available to the contractual partner from 2:00 p.m. on the day of arrival. The contractual partner has no right to earlier provision.

5.            The rooms must be vacated by 12:00 p.m. on the day of departure at the latest. Afterwards, the hotel can charge 50% of the overnight rate for the additional use of the room until 3 p.m. and 100% of the overnight rate (daily rate) from 3 p.m. in addition to the resulting damage.

6.            Smoking is prohibited in all rooms and public areas of the building. In the event of a violation, the violating guest will be charged an extra cleaning fee of €100.00. If a further rental is not possible due to a violation of this smoking ban due to persistent odors, the hotel reserves the right to charge the violating guest the full amount of the loss of sales, even after their departure.

§ 4 Provision of services, prices, payments, offsetting and assignment

1.            The prices of the respective services are determined according to the hotel's price list valid at the time the service is provided. All prices include: Currently valid statutory sales tax. Increases in sales tax are at the expense of the contractual partner. If the period between conclusion of the contract and the first contractual service exceeds 180 days, the hotel has the right to increase prices up to a maximum of 15%. Subsequent changes to the services may lead to changes in the prices. When concluding the contract, the hotel is entitled to demand an advance payment or security deposit from the contractual partner of up to 100% of the contractual partner's total payment obligation. The amount of the advance payment and the payment dates can be recorded in the contract.

2.            Invoices must generally be paid immediately in cash or by credit card. The hotel is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators are only accepted if there is a credit agreement with the company in question or if appropriate advance payments have been made. A refund for services not used is excluded.

3.            The hotel's payment claim is due immediately upon receipt of the respective invoice without deduction. An invoice is deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless earlier receipt can be proven. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest.

4.            The creation of an overall invoice does not release you from paying the individual invoices on time. A delay in payment of even an individual invoice entitles the hotel to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit of up to 100% of the outstanding payment.

5.            A reminder fee of 5.00 euros is due for each reminder. All other collection costs incurred are borne by the contractual partner.

6.            The contractual partner can only set off a claim from the hotel if his claim is undisputed or legally established. This applies analogously to the exercise of a right of retention due to the contractual partner's own claims. Claims and other rights may only be assigned with the hotel’s written consent.

If the contractual partner uses a credit card to pay for hotel services requiring advance payment (e.g. general orders with advance payment, guaranteed bookings or vouchers) without physically presenting it (e.g. via telephone, Internet, etc.), the contractual partner is not entitled to do so in relation to the hotel. to revoke this charge to your credit card company.

§ 5 Cancellation of services/reduction of services

1.            Reservations made by the contractual partner are binding for both contractual partners once they have been accepted by the hotel. In the event of cancellation or reduction by the contractual partner, the contractual partner must pay the following compensation:

a.            No compensation if the written cancellation or reduction is received by the hotel by the contractually agreed time before the start of the service period.

b.            Compensation in the amount of 80% of the value of the ordered services for the first 2 booked nights if the written cancellation or reduction is received by the hotel less than the contractually agreed time before the start of the service period.

c.            In the event of a cancellation on the day of arrival or no-show, 100% of the overnight price will be charged for the first night and 80% of the overnight price for a maximum of two booked subsequent nights. If you do not show up, you will not be entitled to any subsequent nights booked.

d.            Separate cancellation periods apply for group reservations (5 rooms or more), which are contractually agreed in each case. If rooms were booked individually by the same booker for the same period, the hotel is also entitled to subsequently apply separate cancellation deadlines.

2.            The contractual partner is entitled to provide proof that the damage to the hotel does not exist or is less.

3.            The above-mentioned deadlines apply equally to the hotel, without affecting the provisions of Section 6 of these General Terms and Conditions.

§ 6 Withdrawal / termination of the hotel

1.            According to the legal regulations, the hotel is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§314) if

a.            the contractual partner does not provide a service that is due.

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

c.            the contractual partner provides misleading or false information about essential data.

d.            the contractual partner uses the name of the hotel in advertising measures without prior written consent.

e.            Rooms covered by the contract are sublet in whole or in part without the written consent of the hotel.

f.             the hotel has reasonable grounds to believe that the use of the hotel service may endanger the smooth operation of the business, the security or the public reputation of the hotel.

2.            The hotel must inform the contractual partner of the withdrawal/termination in writing immediately, at the latest within 14 days of becoming aware of the reason. Termination of the contract by the hotel does not give rise to any claims by the contractual partner for damages or other compensation. The hotel's claim to compensation for damage incurred and expenses incurred by it remains unaffected in the event of justified termination of the contract.

§ 7 Liability of the hotel, items brought in, statute of limitations

1.            The hotel is generally only liable for all legal and contractual claims in the event of intentional or grossly negligent behavior.

2.            As an exception, the hotel is liable for minor negligence in the event of damage,

a.            which are based on the violation of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical of the contract.

b.            due to injury to life, body and health.

3.            Liability of the hotel for consequential or indirect damage is excluded.

4.            Exclusions and limitations of liability apply equally to all companies employed by the hotel to fulfill its contractual obligations, their subcontractors and vicarious agents. They do not apply if the hotel guarantees the quality of an item or work or if errors are fraudulently concealed.

5.            The contractual partner is obliged to report any visible defects to the hotel immediately, at the latest upon departure.

6.            The legal provisions of §§701 ff BGB apply to items brought in by the contractual partner.

7.            Vehicles that are parked on the hotel premises, even for a fee, do not constitute a storage contract. The hotel is not liable for damage or loss of vehicles parked on the hotel premises and their contents.

8.            Items left behind by the contractual partner / overnight stay will only be forwarded at the contractual partner's request, risk and expense. The hotel will keep the items for 6 months and charge a reasonable fee for them. The items will then be handed over to the local lost and found office, provided they have a recognizable value.

9.            All claims of the contractual partner against the hotel arising from or in connection with the contract expire after one year, starting with the end of the year in which the claim arose and the contractual partner became aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence .

§ 8 Place of performance and payment, place of jurisdiction, additional agreements, partial invalidity

1.            The place of fulfillment and payment for both parties is the hotel's headquarters.

2.            German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

3.            With the exception of private end consumers, the hotel's place of business is agreed to be the exclusive place of jurisdiction for all claims arising from or based on the respective contract.

4.            Subsidiary agreements, changes or additions to these general terms and conditions must be made in writing. Unilateral changes and additions by the contractual partner are invalid.

5.            Should individual provisions of these general terms and conditions be or become ineffective or void, this will not affect the effectiveness of the remaining provisions. The contractual partners undertake to replace the invalid provision with one that is effective and comes as close as possible to the meaning of the invalid provision. In addition, the statutory provisions apply.

Hamburg, December 2023

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