Reservation Information

GENERAL TERMS AND CONDITIONS OF LANDHOTEL SPORNITZ VAN DER VALK GMBH

1. Scope of application
1.1 These terms and conditions apply to all services provided by the hotel, in particular to the paid provision of hotel rooms, conference and banquet rooms, other premises and items, as well as to all other services and deliveries provided by the hotel in this context for the customer (hereinafter also comprehensively: hotel services).
1.2 Any terms and conditions of the customer are not recognized.
1.3 The subletting or further rental as well as any other use of the premises for purposes other than accommodation require the prior written consent of the hotel. If the customer is not a consumer, § 540 para. 1 sentence 2 BGB is excluded.

2. Conclusion of Contract
2.1 The contracting parties are the customer and the hotel. The customer must have reached the age of 18.
2.2 If only a hotel room or any other individual hotel service is booked (individual service booking), the contract is concluded by the hotel's acceptance of the booking request. The acceptance can be informal, in particular also orally or by telephone. A booking confirmation 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 the customer's payment of the deposit specified in the confirmation letter or by providing the customer's credit card number. Any discrepancies must be reported to the hotel no later than 14 days after receiving the contract. For last-minute bookings up to 4 weeks before arrival, confirmation is made 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, Offset
3.1 The hotel is obligated to provide the hotel services booked by the customer. If ordered rooms and/or premises are not available for any reason, the hotel is entitled and obligated to provide an equivalent replacement.
3.2 The customer is obligated to pay the price agreed upon / applicable for the hotel services booked. This also applies to services and expenses incurred by the hotel at the customer's request to third parties.
3.3 The hotel may unilaterally increase the price if the increase in price results directly from an event occurring after the conclusion of the contract.
a) Increase in the price for the transportation of persons due to higher costs for fuel or other sources of energy.
b) Increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or
c) Change in the exchange rates applicable to the package travel in question.
3.4 Eine Preiserhöhung ist nur wirksam, wenn der Kunde spätestens 20 Tage vor Reisebeginn hiervon unterrichtet wurde. Das Hotel wird den Kunden auf einem dauerhaften Datenträger klar und verständlich über die Preiserhöhung und deren Gründe unterrichten und hierbei die Berechnung der Preiserhöhung mitteilen. Der Kunde wiederum kann eine Senkung des Reisepreises verlangen, wenn und soweit sich die Umstände und Tatsachen, die Vertragsgrundlage geworden sind, nach Vertragsschluss und vor Reisebeginn geändert haben und dies zu niedrigeren Kosten für das Hotel führt. Hat der Kunde mehr als den hierdurch geschuldeten Betrag bezahlt, ist das Hotel verpflichtet, den Mehrbetrag zu erstatten. Es darf von dem zu erstattenden Mehrbetrag jedoch die tatsächlich entstandenen Verwaltungsausgaben abziehen. Übersteigt die im Vertrag nach § 651 f Abs. 1 BGB vorgenannte Preiserhöhung 8 % des Reisepreises, so kann das Hotel dem Kunden eine entsprechende Preiserhöhung anbieten und verlangen, dass der Kunde innerhalb einer von dem Hotel bestimmten angemessen Frist, entweder das Angebot zur Preiserhöhung annimmt oder einen Rücktritt vom Vertrag erklärt. Wenn der Kunde nicht oder nicht innerhalb der gesetzten Frist reagiert, gilt die mitgeteilte Preiserhöhung als angenommen. Hiervon ist der Kunde in der vorgenannten Erklärung zur Preiserhöhung in klarer, verständlicher und hervorgehobener Weise hinzuweisen.
3.5 The prices can also be changed by the hotel if the customer subsequently wishes to make changes to the number of booked rooms, the hotel's services, or the duration of the guests' stay, and the hotel agrees to it.
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 demand immediate payment of accrued claims at any time. In case of payment default, the hotel is entitled to charge interest at a rate of 9 percentage points above the respective base interest rate or the corresponding successor interest rate of the European Central Bank. The customer reserves the right to provide evidence of lower damages, while the hotel reserves the right to claim higher damages.
By providing an email address, the customer agrees to receive the invoice electronically.
If no other agreements have been made regarding the hotel services, a deposit of 80% of the expected invoice amount is to be paid.
3.9 The customer can only set off or offset against a claim of the hotel with an undisputed or legally binding claim.
In the event of levying a tourist tax, visitor or cultural promotion fee ("bed tax") or similar charges, this is to be paid separately by the guest in accordance with the applicable conditions.
3.11 All payments are due in Euro. The hotel is entitled to reject foreign currencies, checks, and credit cards. A commission of 10% will be charged for expenses and external services settled by credit card.
3.12 For each reminder after default occurs, the customer shall reimburse the hotel for reminder costs amounting to €5.00. The customer is free to provide evidence that no costs or significantly lower costs have been incurred. In the case of customers who are not consumers, the hotel may instead assert the claim under § 288 para. 5 BGB.
3.13 For rebookings by the customer, an administration fee of 20.00 € may be charged.
3.14 Commission claims must be submitted to the hotel within 30 days. If this deadline is not met, all commission claims will be forfeited.

4. Customer Cancellation (Cancellation, Rebooking, Travel Cancellation Insurance)
4.1 In the case of a booked package tour, the customer can withdraw from the contract in writing at any time according to the conditions outlined below. In this case, or if the customer does not start the trip, the hotel loses its claim to the travel price and can instead demand reasonable compensation, provided that the withdrawal is not attributable to the hotel or unavoidable, extraordinary circumstances occur that significantly affect the execution 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, as well as minus what is obtained through alternative use of the travel service. The hotel has established the following compensation lump sums taking into account the period between the declaration of withdrawal and the start of the journey, as well as considering the expected savings of expenses and the expected earnings through alternative use of the travel service.
The compensations resulting from this are calculated as follows:
For room reservations of less than 9 rooms, the following conditions apply.
Individual reservations:
5-8 rooms free of charge 10 days in advance
2-4 rooms free of charge 5 days in advance
1 room free of charge 2 days in advance

For package tours and arrangement reservations of less than 9 rooms:
5-8 rooms free of charge 21 days in advance
2-4 rooms free of charge 12 days in advance
1 room free of charge 7 days in advance
After the free cancellation period has expired, 90% of the room rate will be charged.

4.3 The following conditions apply for room reservations and package tours between 9 and 25 rooms: (outside of trade fair periods)
For a number of rooms from 9 to 25:
• After signing the contract up to the 4th month before the agreed arrival date, we will charge 10% of the service price;
• Between the 4th month and up to 2 months before the agreed arrival date, we will charge 20% of the service price;
• Between the 2nd month and up to 1 month before the agreed arrival date, we will charge 50% of the service price;
• Between the 1st month and up to 14 days before the agreed arrival date, we will charge 80% of the service price;
• Between the 14th day and the day of arrival, we will charge 90% of the service price.

4.4 The following conditions apply for room reservations and package tours between 26 and 60 rooms:
• After signing the contract up to the 8th month before the agreed arrival date, we will charge 10% of the service price;
• Between the 8th month and up to 4 months before the agreed arrival date, we will charge 20% of the service price;
• Between the 4th month and up to 2 months before the agreed arrival date, we will charge 50% of the service price;
• Between the 2nd month and up to 1 month before the agreed arrival date, we will charge 80% of the service price;
• Between the 1st month and the agreed arrival day, we will charge 90% of the service price;

4.5 For room reservations and package tours with 61 rooms or more, the following conditions apply:
• After signing the contract up to the 12th month before the agreed arrival date, we will charge 10% of the service price;
• Between the 12th month and up to the 8th month before the agreed arrival date, we will charge 20% of the service price;
• Between the 8th month and up to 4 months before the agreed arrival date, we will charge 50% of the service price;
• Between the 4th month and up to 2 months before the agreed arrival date, we will charge 80% of the service price;
• Between the 2nd month and up to the day before the agreed arrival day, we will charge 90% of the service price.

4.6 For events including or excluding rooms:
• After signing the contract, up to the 12th month before the agreed arrival/event day, we will 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 1 month before the agreed arrival/event day, we will charge you 80% of the service price;
• Between the 1st month and the agreed arrival/event day, we will charge you 90% of the service price.
If no performance price has been set in advance, the minimum menu price of €39.50 per person applies.
4.7 Not showing up = No shows without prior cancellation will be charged at 100%.
4.8 The cancellation conditions apply to the originally booked scope of services.
In any case, the customer is allowed to provide evidence that the appropriate compensation due to the hotel is lower than claimed.
4.10 The hotel reserves the right to demand a higher, individually calculated compensation instead of the fixed compensation amounts, insofar as the hotel can prove that significantly higher expenses have been incurred by the hotel than the specified compensation lump sum.
4.11 The customer's statutory right, according to § 651 e BGB, to demand that a third party enters into the rights and obligations of the package travel contract instead of him, remains unaffected by the above conditions. Such a declaration must be made to the hotel at least 7 days before the start of the trip.
If a customer wishes to terminate the contract/package travel contract due to a travel defect of the type referred to in § 651i para. 2 BGB, provided that it is significant, in accordance with § 651l BGB, he must first set a reasonable deadline for the hotel to remedy the situation. This does not apply if the remedy is refused or if it is necessary for the remedy.

5. Hotel Cancellation
If a right of withdrawal for the customer has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon request from the hotel.
If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a threat of rejection has expired, the hotel is also entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract if unavoidable, exceptional circumstances make it impossible to fulfill the contract; rooms were booked under misleading or false information of essential facts, e.g. regarding the customer or the purpose, or if the hotel has justified reason to believe that the use of hotel services could jeopardize the smooth operation of the business, the safety, or the reputation of the hotel in the public eye, without this being attributable to the hotel's sphere of control or organization.
5.4 If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a threat of rejection in the case of a single service booking, the hotel is also entitled to withdraw from the contract. Claims for damages by the hotel remain unaffected in this case.
5.5 The hotel is entitled to withdraw from the contract in the case of exceptional and unavoidable circumstances, especially in the event of force majeure, labor disputes, a pandemic, or unavoidable legal/regulatory measures that do not have to be issued directly to the hotel.
5.6 A claim for damages by the customer is excluded in the event of justified withdrawal by the hotel.

6. Provision, handover, return of premises
The customer does not acquire a claim to the provision of specific rooms/spaces unless this has been expressly agreed upon.
6.2 Booked rooms are available to the customer from 2:00 pm at the hotel. They must be vacated by 10:00 am on the day of departure at the latest. In case of later departure after 10:00 am, 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 pm without the customer being able to derive any claim from this.
6.4 The hotel exclusively offers non-smoking rooms. Therefore, it is prohibited to smoke in both the public areas and these guest rooms. The hotel has partially designated separate locations for smoking. In the event of a violation, the hotel has the right to demand from the guest an amount of €150.00 as compensation for the separately incurred cleaning costs, including any loss of revenue from the inability to rent out the room. This compensation amount may be set higher or lower if the hotel proves a higher damage or the customer proves a lower damage.
6.5 A customer's claim for changes regarding the travel date, location, or similar after conclusion of the contract does not exist (rebooking). This does not apply to package tours if the rebooking is necessary because the hotel has not provided, 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.
If the customer does not make use of individual travel services during a package tour, for which the hotel was ready and able to provide in accordance with the contract, due to reasons attributable to the customer, he is not entitled to a partial refund of the travel price, insofar as such reasons would not have entitled him to a free cancellation or termination of the travel contract according to the legal provisions. The hotel will seek reimbursement of saved expenses from the service providers. This obligation does not apply if it concerns completely insignificant expenses.

7. Hotel's Liability
7.1 The hotel is liable for damages caused by it resulting from injury to life, body, or health. Furthermore, the hotel is liable for other damages that are based on intentional or grossly negligent breach of duty by the hotel, and damages resulting from intentional or negligent breach of contractual obligations typical for the contract. Contractual obligations are those obligations that enable the proper performance of the contract and on whose fulfillment the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 7.
7.2 In package tours, the liability of the hotel for damages that are not bodily injuries and were not caused intentionally is limited to three times the travel price. Possible claims beyond this based on international agreements or legal provisions derived from them are not affected by this limitation.
7.3 Items left behind by the customer will only be forwarded upon request, at the customer's expense and risk. The hotel will keep the items for 6 months and charge a reasonable fee.
7.4 If a parking space is provided to the customer on the hotel parking lot, even for a fee, this does not constitute a contract of safekeeping. The hotel shall not be liable for loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, 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, except in cases of gross negligence or intent, are excluded.
7.6 Messages, mail, and parcels for guests are handled with care. The hotel takes care of delivery, storage, and - upon request - for a fee, the forwarding of the same. Claims for damages, except in cases of gross negligence or intent, are excluded.
The hotel is liable for items brought in by the customer according to legal regulations. It is recommended to use the hotel safe or room safe. If the customer wishes to deposit money, 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 storage agreement must be made with the hotel.
7.8 The hotel is not liable for disruptions in services, personal and property damages that have arisen in connection with third-party services merely arranged by the hotel. Another prerequisite for an exclusion of liability is that these services were clearly marked with the identity and address of the contracting partner providing the third-party service in such a way that they are recognizably not part of the package tour and were selected separately. Sections 651b, 651c, 651w, and 651y of the German Civil Code (BGB) remain unaffected by this. However, the hotel is liable if and to the extent that a breach of duty to provide information, clarification, and organization was causative for damage to the customer.
A surcharge will be applied to external services arranged or billed by the hotel. The hotel is not liable for services provided by third parties and therefore assumes no responsibility.
7.10 The hotel only undertakes, upon request and subject to availability, the free transportation of persons and luggage. Liability for personal injury and property damage is limited to the coverage obligation under statutory motor vehicle insurance. Liability for luggage loss and transport delays is fully excluded. The hotel also 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
Claims under sections 651i (3) nos. 2, 4 - 7 of the German Civil Code (BGB) must be asserted by the customer against the hotel.
The hotel points out with regard to the Consumer Dispute Resolution Act that it does not participate in voluntary consumer dispute resolution.

9. Special instructions for events
9.1 These special terms and conditions for clause 9 apply to contracts for the paid provision of conference, banquet, event rooms, and other premises of the hotel for the execution of events of all kinds, as well as for all related additional services and deliveries, and modify the other general terms and conditions of the hotel. If no modified regulations regarding events have been made for this clause 9, the regulations of the other general terms and conditions of the hotel apply.
9.2 It is the customer's responsibility as the organizer to obtain all necessary official permits / approvals for the event in a timely manner at their own initiative and cost, and to pay any fees and costs (GEMA etc.) directly to the requesting authority. The customer is also responsible for complying with the conditions following these permits / approvals and observing all other public law regulations related to the event, even if this affects the rights of third parties during the event, such as copyrights. If claims are nevertheless made against the hotel, the customer shall indemnify the hotel against the claimants.
The customer is obliged to inform the hotel without being asked, at the latest when the contract is concluded, if the event, due to its political, religious, or other nature, is likely to endanger the smooth operation of the business, the security, or the reputation of the hotel in the public eye.
9.4 Newspaper advertisements, public or political invitations, as well as sales events require the explicit prior written consent of the hotel. The hotel has the right to cancel the event if the publication affects essential interests of the hotel, as well as the interests of the entire van der Valk Hotel Group, or if the hotel has reasonable grounds to believe that the event may endanger the smooth operation of the business, the safety, or the reputation of the establishment or company, as well as that of other business partners and guests. The hotel is entitled to cancel the event based on serious concerns alone. Customers are not entitled to any claims for damages as a result of this.
If fewer participants than those specified by the customer in the 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 invoice based on the actual number of participants.
9.6 Changes to the room, especially due to a different number of participants, are expressly reserved for the hotel, provided that this is reasonable for the customer taking into account their interests.
9.7 Insofar as the hotel procures technical or other facilities from third parties for the customer, it acts on behalf and for the account of the customer. The customer is liable for the careful handling and proper return of these facilities. The customer indemnifies the hotel from all claims of third parties arising from the provision of these facilities or the corresponding business transaction.
9.8 If the agreed start and end times of the event change, the hotel is entitled to charge additional costs for the provision of services.
The customer may only bring food and drinks and make them available to the participants with the prior express written consent of the hotel. In this case, however, a service fee will be charged.
9.10 For events that continue past midnight, the hotel may, unless otherwise agreed, issue a bill based on individual records; unless the agreed compensation already includes a duration beyond midnight.
9.11 Special services that become useless as a result of the cancellation must be compensated in any case.
The customer is liable for losses or damages caused by themselves, their employees, other assistants, as well as by the participants of the event. It is the customer's responsibility to possibly take out appropriate insurance and to provide the hotel with proof upon request.
To prevent damage, the attachment of decorative materials or other objects is only permitted with the written consent of the hotel. This material must be removed immediately after the event has ended.

10. Data protection
The personal data provided in the contract, especially name, address, telephone number, bank details, which are necessary and required solely for the purpose of carrying out the resulting contractual relationship, are collected on the basis of legal permissions. For any further use of the personal data and the collection of additional information, the consent of the data subject is regularly required. In addition, the separate data protection regulations of the hotel apply.

11. Final Provisions
Should individual provisions of the contract established between the hotel and the customer and/or the above General Terms and Conditions or parts thereof be or become invalid or unenforceable, the validity or enforceability of the remaining provisions as well as the contract and conditions as a whole shall not be affected thereby. The invalid or unenforceable provisions shall be replaced by the parties with valid and enforceable provisions that are as similar as possible to the invalid or unenforceable provisions and correspond as closely as possible to the economic purpose pursued by the parties with the invalid or unenforceable provisions. The same applies in the event of an unintended regulatory gap.
11.2 Changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation shall be made in writing. Unilateral changes or additions by the customer are ineffective.
11.3 Place of performance and payment is Moers in commercial transactions.
In commercial transactions - including disputes involving checks - Moers is the exclusive place of jurisdiction; However, the hotel may also sue the customer at the location of the respective hotel or at the customer's domicile, at its discretion. The same applies if the customer meets the requirements of § 38 para. 2 ZPO and does not have a general place of jurisdiction in the country.
11.5 The use or mention of the hotel and its affiliated business units in connection with promotional activities of the business partner requires written approval from the management.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Version March 2021