1.  Scope
1.1    These terms and conditions apply to all services of the hotel, in particular to the paid provision of hotel rooms, conference and banquet rooms, other premises and items, as well as to all further services and deliveries provided by the hotel to the customer in this context (hereinafter also comprehensively: hotel services).
1.2    Any terms and conditions of the customer are not recognized.
1.3    Subletting or re-letting as well as any other use of the premises for accommodation purposes require the prior consent of the hotel in text form. To the extent the customer is not a consumer, Section 540(1) sentence 2 of the German Civil Code (BGB) is excluded.

2. Conclusion of Contract
2.1    Contractual partners are the customer and the hotel. The customer must have reached the age of 18.
2.2    In the case of the exclusive booking of a hotel room or any other single hotel service (single-service booking), the contract is concluded by the hotel's acceptance of the booking application. Acceptance can be without form, i.e. in particular also orally or by telephone. A booking notification from the hotel in written or text form following a contract concluded orally or by telephone merely confirms the conclusion of the contract.
2.3    When booking a combination of at least two different types of travel services for the purpose of the same trip (package tour), the contract is concluded by payment of the deposit specified in the confirmation letter by the customer or by providing the customer's credit card number. Any discrepancies must be reported to the hotel no later than 14 days after receipt of the contract. For short-term bookings up to 4 weeks before arrival, confirmation is effected by the customer's signature or full payment of the service amount. For group bookings or conferences and events, the contract is concluded by the customer's written confirmation of the offer.

3. Services, Prices, Payment, Set-off
3.1    The hotel is obliged to provide the hotel services booked by the customer. Should reserved rooms and/or premises, for whatever reason, not be available, the hotel is entitled and obliged to provide an equivalent replacement.
3.2    The customer is obliged to pay the hotel price agreed / applicable for the booked hotel services. This also applies to services and disbursements made by the hotel to third parties at the customer's instigation.
3.3    The hotel may unilaterally increase the price if the increase in price directly results from an event that took place after the conclusion of the contract
      a) Increase of the price for the transport of persons due to higher costs for fuel or other
Energy carrier,
       b) Increase in taxes and other charges for agreed travel services, such as tourist taxes,

Port- or
             Airport fees, or     
       c) Change of the exchange rates applicable to the package tour concerned.

3.4    A price increase is only effective if the customer has been informed of it no later than 20 days before the start of the trip. The hotel will inform the customer on a durable data carrier clearly and understandably about the price increase and its reasons and will communicate the calculation of the price increase. The customer, in turn, may demand a reduction of the travel price if and to the extent that the circumstances and facts that became the basis of the contract have changed after the conclusion of the contract and before the start of the trip and this leads to lower costs for the hotel. If the customer has paid more than the amount owed as a result, the hotel is obliged to reimburse the excess amount. However, it may deduct the administrative expenses actually incurred from the amount to be refunded. If the price increase specified in the contract pursuant to § 651 f Abs. 1 BGB exceeds 8% of the travel price, the hotel may offer the customer a corresponding price increase and require that the customer, within a reasonable period determined by the hotel, either accepts the offer of the price increase or declares withdrawal from the contract. If the customer does not respond or does not respond within the set period, the communicated price increase is deemed to have been accepted. The customer must be informed of this in the aforementioned notice of the price increase in a clear, understandable and prominent manner.

3.5 The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services, or the length of the guests' stay and the hotel agrees.

3.6 Invoices from the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default, the hotel is entitled to charge interest at a rate of 9 percentage points above the respective base rate or the corresponding successor rate of the European Central Bank. The customer remains entitled to provide proof
of a lower one, reserved for the hotel of a higher damage.

3.7 By providing an e-mail address, the customer agrees that the invoice may be transmitted to him electronically.
3.8 If no other agreements regarding hotel services have been made, a deposit (Deposit) in the amount of 80% of the expected invoice total must be paid.

3.9    The customer may only set off or offset against a claim of the hotel with an undisputed or legally binding claim.

3.10 In the event that a visitor's tax, tourism or cultural promotion levy ("bed tax") or comparable charges are imposed, it must be paid separately by the guest in accordance with the applicable conditions.

3.11    All payments are due in euros. The hotel is entitled to refuse foreign currency, checks and credit cards. A commission adjustment of 10% will be charged on disbursements and third‑party services when settled by credit card.

3.12    For each reminder after default has occurred, the customer shall reimburse the hotel reminder fees in the amount of 5,00 €. The customer is free to prove that no or only substantially lower costs were incurred. For customers who are not consumers, the hotel may instead also assert the claim under § 288 Abs. 5 BGB.
3.13    For rebookings by the customer, a processing fee in the amount of 20,00 € may be charged.
This processing fee applies exclusively to individual hotel overnight stays. Private or business events are excluded from this.
3.14    Commission claims must be submitted to the hotel within 30 days. Should this deadline not be met, any commission claims shall lapse.

4. Cancellation by the customer (order cancellation, cancellation, travel cancellation insurance)

4.1 For a booked package tour the customer may at any time withdraw from the contract in writing in accordance with the conditions set out below. In this case, or if the customer does not commence the trip, the hotel loses its claim to the travel price and may instead demand reasonable compensation, insofar as the withdrawal is not attributable to the hotel or unavoidable, extraordinary circumstances occur that significantly impair the performance of the contract. Circumstances are unavoidable and extraordinary if they are beyond the control of the hotel and their consequences could not have been avoided even if all reasonable precautions had been taken.

4.2    The amount of the aforementioned compensation for package tours is determined by the price minus the expenses saved by the hotel and minus what is obtained by otherwise utilizing the travel service. The hotel has established the following flat-rate compensation amounts taking into account the period between the declaration of withdrawal and the start of the trip as well as the expected savings in expenses and the expected proceeds from otherwise using the travel service. The compensations resulting from this are calculated as follows:

For room reservations of fewer than 9 rooms, the following conditions apply.

Individual reservations:                  

5-8 rooms     10 days beforehand free of charge                           

2-4 rooms     5 days before free of charge                              

1 room        free of charge up to 2 days before                              

For package tours and arrangement reservations of fewer than 9 rooms:

5-8 rooms 21 days beforehand free of charge

2-4 rooms 12 Tage vorher free of charge

1 room          7 Tage vorher free of charge

After the free cancellation period has expired, the rooms will be charged at 90%.

4.3 For room reservations and package tours for between 9 and 25 rooms the following conditions apply: (outside trade fair periods)

For a number of rooms of 9-25:

·         After signing the contract up to the 4th month prior to the agreed arrival date we charge 10% of the service price;

·         Between the 4th month and up to the 2nd month before the agreed arrival date we charge 20 % of the service price;

·         Between the 2nd month and up to the 1st month before the agreed arrival date we charge 50% of the service price;

·         Between the 1st month and up to the 14th day before the agreed arrival date we charge 80% of the service price;

·         Between the 14th day and until the day of arrival we charge 90 % of the service price.

For room reservations and package tours of between 26 and 60 rooms, the following conditions apply:

·         After signing the contract up to the 8th month before the agreed arrival date we charge 10 % of the
of the service price;

·         Between the 8th month and up to the 4th month before the agreed arrival date we charge 20% of the
of the performance price;

·         Between the 4th month and up to the 2nd month before the agreed arrival day we charge 50 % of the
of the performance award;

·         Between the 2nd month and up to the 1st month before the agreed arrival date we charge 80% of the
of the performance price;

·         Between the 1st month and up to the agreed arrival day we charge 90 % of the
of the performance price;

For room reservations and package tours from 61 rooms the following conditions apply:

·         After signing the contract up to the 12th month before the agreed arrival date we charge 10 % of the service price;

·         Between the 12th month and up to the 8th month before the agreed arrival date we charge 20% of the service price;

·         Between the 8th month and up to the 4th month before the agreed arrival date we charge 50% of the service price;

·         Between the 4th month and up to the 2nd month before the agreed arrival date we charge 80% of the service price;

·         Between the 2nd month and up to the arrival day before the agreed arrival day we charge 90 % of the service price

For events incl. or excl. rooms:

·         From contract signing until the 12th month prior to the agreed arrival/event date we charge 20% of the service price;

·         Between the 12th month and up to the 6th month before the agreed arrival/event day we will charge you 40% of the service price;

·         Between the 6th month and up to the 3rd month before the agreed arrival-/event day we will charge you 60 % of the service price;

·         Between the 3rd month and up to the 1st month before the agreed arrival-/event day we charge you 80% of the service price;

·         Between the 1st month and up to the agreed arrival-/event day we will charge you 90% of the service price.

·         If no service price has been set in advance, the minimum menu price of € 39,50 per person applies.

4.7    Non-arrivals = No-shows without prior cancellation will be charged at 100%.
4.8    The cancellation conditions apply to the originally booked scope of services.

4.9    The customer is in any case permitted to demonstrate that the reasonable compensation owed to the hotel is lower than claimed.

4.10    The hotel reserves the right, instead of the lump-sum compensations, to demand a higher, individually calculated compensation, insofar as the hotel can prove that it has incurred expenses substantially higher than the said lump-sum compensation.

4.11    The customer's statutory right, pursuant to § 651 e BGB, to require the hotel that, instead of him, a third party enter into the rights and obligations arising from the package travel contract, remains unaffected by the above conditions. Such a declaration must be made to the hotel at least 7 Tage vor Reisebeginn.

4.12    If a customer wishes to terminate the contract/package travel contract because of a travel defect of the kind specified in § 651 i para. 2 BGB, provided it is substantial, under § 651 l BGB, he must first give the hotel an appropriate period in which to remedy it. This only does not apply if the remedy is refused or if this is necessary for the remedy.

5.  Withdrawal of the hotel

5.1    If a customer's right to withdraw has been agreed in writing within a certain period, the hotel is in turn entitled during this period to withdraw from the contract if requests from other customers for the contractually booked rooms exist and the customer, upon inquiry by the hotel, does not waive his right to withdraw

5.2    If an agreed advance payment is not made even after the expiry of a reasonable additional period set by the hotel with a threat of refusal, the hotel shall also be entitled to withdraw from the contract.

5.3    Furthermore, the hotel is entitled to withdraw from the contract if unavoidable, extraordinary circumstances make performance of the contract impossible; rooms were booked under misleading or false indication of material facts, e.g. concerning the identity of the customer or the purpose, or the hotel has reasonable grounds to believe that the use of the hotel's services may endanger the smooth conduct of business, the safety, or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization.

5.4    If, in the case of an individual-service booking, an agreed advance payment is not made even after the expiration of a reasonable subsequent deadline set by the hotel with a threat of refusal, the hotel shall also be entitled to withdraw from the contract. Claims for damages by the hotel shall remain unaffected in this case.

5.5    The hotel is entitled, in the case of a single-service booking and in the event of extraordinary and unavoidable circumstances, to withdraw from the contract. Such circumstances are in particular present in the case of force majeure, measures of industrial action, a pandemic or unavoidable statutory/administrative measures which need not have been issued by individual order against the hotel.

5.6    A claim for damages by the customer is excluded in the event of a justified cancellation by the hotel.

6. Provision, Handover, Return of Premises

6.1    The customer does not acquire any entitlement to the provision of specific rooms/premises, unless this has been expressly agreed.

6.2    Booked rooms are available to the customer at the hotel from 14:00 Uhr. They must be vacated on the day of departure by no later than 10:00 Uhr. In the event of a later departure after 10:00 Uhr, the hotel reserves the right to charge additional costs.

6.3    Unless a later arrival time has been expressly agreed, the hotel has the right to reassign booked rooms after 6:00 p.m., without the guest being able to derive any claim from this.

6.4 The hotel consists exclusively of non-smoking rooms. It is therefore prohibited to smoke both in the public areas and in these guest rooms. The hotel has partially designated separate areas for smoking. In the event of a violation, the hotel has the right to demand from the guest, as compensation for the separately incurred cleaning costs including any loss of revenue resulting from the room not being able to be rented, an amount of 150,00 €. This amount of compensation shall be set higher or lower if the hotel proves a higher or the guest proves a lower loss.

6.5    The customer has no entitlement after conclusion of the contract to a change with regard to the travel date, the location or similar (rebooking). For package holidays this does not apply if the rebooking is necessary because the hotel did not provide, provided insufficient or incorrect pre-contractual information to the customer in accordance with Article 250 § 3 EGBGB; in this case rebooking is possible free of charge.

6.6    If the customer, on a package tour, does not make use of individual travel services which the hotel was ready and able to provide in accordance with the contract, for reasons attributable to the customer, he has no claim to a proportional refund of the travel price, insofar as such reasons would not have entitled him, under the statutory provisions, to withdraw from the contract free of charge or to terminate the travel contract. The hotel will endeavor to obtain reimbursement of the expenses saved from the service providers. This obligation lapses if the expenses are completely insignificant.

7. Liability of the Hotel

7.1    The hotel is liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, the hotel is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel, and damages that are based on an intentional or negligent breach of the hotel's contractual obligations typical of the contract. Contractual obligations typical of the contract are those duties which make the proper performance of the contract possible in the first place and on whose fulfillment the customer relies and may rely. A breach of duty by the hotel is equivalent to that of its legal representative or vicarious agent. Further claims for damages are excluded, insofar as not otherwise regulated in this clause 7.

7.2    For package tours, the hotel's liability for such damages is limited to three times the travel price, provided that they are not bodily injuries and were not caused culpably. Claims possibly exceeding this under international conventions or statutory provisions based on them remain unaffected by the limitation.

7.3    Items left behind by the guest will only be forwarded upon request, at the guest's expense and risk. The hotel stores the items for 6 months and charges a reasonable fee.

7.4 Insofar as a parking space in the hotel car park is made available to the guest, even for a fee, no custody contract is thereby concluded. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel shall not be liable, except in cases of intent or gross negligence. This also applies to the hotel's vicarious agents.

7.5    Wake-up calls are carried out by the hotel with the utmost care. Claims for damages are excluded, except in the case of gross negligence or willful misconduct.

7.6 Messages, mail and shipments of goods for guests are handled with care. The hotel assumes delivery, safekeeping and - upon request - for a fee the forwarding of the same. Claims for damages, except in cases of gross negligence or willful intent, are excluded.

7.7    The hotel is liable for items brought in by the guest in accordance with statutory provisions. It is recommended to use the hotel or room safe. If the guest wishes to bring cash, securities and valuables with a total value of more than 1.000,00 € or other items with a total value of more than 3.500,00 €, a separate safekeeping agreement must be made with the hotel.

7.8 The hotel is not liable for performance disruptions, personal injury and property damage that have arisen in connection with third-party services merely arranged by the hotel. A further prerequisite for an exclusion of liability is that these services were expressly and, stating the identity and address of the contractual partner who provides the third-party service, so clearly identified that they are recognizable to the customer as not being part of the package tour and were selected separately. The §§ 651 b, 651 c, 651 w and 651 y BGB remain unaffected thereby. However, the hotel is liable if and to the extent that a customer's damage was caused by a breach of duties to inform, to explain and to organize.

7.9    A surcharge is levied on third-party services that are arranged or billed by the hotel. This does not create any liability of the hotel for the services of third parties and therefore no such liability exists.

7.10    The hotel undertakes, only in the event of a request and without obligation, the free transport of persons and luggage. Liability for personal injury and property damage is limited to the settlement obligation under the statutory motor vehicle insurance. Liability for loss of luggage and delays in transport is entirely excluded. However, the hotel expressly reserves the right to offer transport services such as luggage service, shuttle service, etc. for a fee.

8. Assertion of claims/Information on consumer dispute resolution

8.1    Claims under §§ 651 i para. 3 nos. 2, 4 - 7 BGB must be asserted by the customer against the hotel.

8.2    The hotel points out, with regard to the Act on Consumer Dispute Resolution, that it does not participate in voluntary consumer dispute resolution.

9. Special notes for events

9.1    These special terms and conditions to Clause 9 apply to contracts concerning the paid provision of conference, banquet, event rooms and other premises of the hotel for the holding of events of any kind, as well as to all other services and deliveries connected therewith, and modify the hotel's other general terms and conditions. Should no modified provisions regarding events have been made for this Clause 9, the provisions of the hotel's other general terms and conditions shall apply.

9.2    The customer, as the organizer, is responsible for procuring in good time, on his own initiative and at his own expense, any official permits / authorizations that may be necessary for the holding of the event and, furthermore, for paying any fees and costs incurred (GEMA etc.) directly to the requesting authority. He is also responsible for complying with the conditions attached to these permits / authorizations as well as for observing all other public-law regulations in connection with the event; this also applies if, in the course of holding the event, this affects the rights of third parties, for example copyrights. Should claims nevertheless be made against the hotel, the customer shall indemnify the hotel against the claimants.

9.3    The customer is obliged to inform the hotel without being prompted, at the latest upon conclusion of the contract, whether the event, due to its political, religious or other character, is likely to jeopardize the smooth operation of business, the safety or the hotel's reputation in the public eye.

9.4 Newspaper advertisements, public or political invitations, as well as sales events require the hotel's express prior written consent. The hotel has the right to cancel the event if, through the publication, essential interests of the hotel, but also the interests of the entire van der Valk Hotel Group are impaired, or if the hotel has reasonable cause to assume that the event threatens the smooth conduct of business, the safety or the reputation of the establishment or company, including those of other business partners and guests. Even the serious concern gives the hotel the right to cancel the event. Customers are not entitled to claims for damages arising from this.

9.5    If fewer than the number of participants specified by the customer at the time of booking attend the event, the customer is not entitled to reduce the agreed event price. If the number of participants is greater than the agreed number of participants, the hotel is entitled to bill in accordance with the actual number of participants.

9.6    Room changes, in particular also due to a differing number of participants, remain expressly reserved to the hotel, insofar as this is reasonable for the customer, taking their interests into account.

9.7    Insofar as the hotel procures technical or other equipment from third parties for the customer, it acts in the name and on the account of the customer. The customer is liable for the careful handling and the proper return of this equipment. The customer indemnifies the hotel against all claims by third parties arising from the provision of this equipment or from the corresponding business transaction.

9.8    If the agreed start and end times of the event are changed, the hotel is entitled to invoice additional costs for readiness to provide services.

9.9    The customer may only bring food and beverages with the hotel's prior express written consent and make them available to the participants. In this case, however, a service charge will be levied.

9.10    For events that continue past midnight, the hotel may, unless otherwise agreed, carry out a settlement based on individual records; except where the agreed remuneration already includes a period extending beyond midnight.

9.11    Special services that become useless as a result of the cancellation must in any case be compensated.

9.12 The customer is liable for losses or damage caused by himself, his employees, other assistants as well as by the event participants. It is the customer's responsibility, where applicable, to take out appropriate insurance and to provide proof thereof to the hotel upon request.

9.13    To prevent damage, the affixing of decorative materials or other items is permitted only with the written consent of the hotel. Such material must be removed immediately after the conclusion of the event.

10.    Data protection
The personal data specified in the contract, in particular name, address, telephone number, bank details, which are necessary and required solely for the purpose of carrying out the contractual relationship that arises, are collected on the basis of legal authorisations. For any use of the personal data beyond this and the collection of additional information, the consent of the data subject is regularly required. In addition, the hotel's separate data protection provisions apply.

11.    Final Provisions
11.1   Should individual provisions of the contract concluded between the hotel and the customer and/or of the above General Terms and Conditions or parts thereof be or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions or of the contract and the terms and conditions as a whole. The invalid or unenforceable provisions shall be replaced by the parties with valid and enforceable provisions that are equivalent to or as close as possible to the invalid or unenforceable provisions and that correspond as far as possible to the economic purpose pursued by the parties with the invalid or unenforceable provisions. The same shall apply in the event of an unintended gap in the provisions.

11.2    Amendments or additions to the contract, the acceptance of the application or these terms and conditions for the hotel accommodation shall be made in text form. Unilateral amendments or additions by the customer are ineffective.

11.3    The place of performance and payment in commercial transactions is Moers.

11.4 In commercial dealings – including in check disputes – Moers is the exclusive place of jurisdiction; however, the hotel may at its option also sue the customer at the location of the respective hotel or at the customer's registered office. The same applies if the customer meets the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in the country.

11.5    The use or mention of the hotel and its affiliated operating units, in connection with promotional measures by the business partner, requires the written consent of management.

11.6    German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

VERSION APRIL 2021