TERMS AND CONDITIONS Accommodation

Content

  1. Hafenkran „GREIF“ 
  2. Faro Punta Cumplida

1. HARBOUR CRANE "GREIF"

§ 1 Scope of application

These terms and conditions apply to contracts for the rental of the hotel area of the port crane "GREIF" for accommodation, as well as all other services and deliveries provided for the customer Floatel GmbH (hereinafter: Hotel).

The subletting or subletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.

The customer's terms and conditions shall only apply if this has been agreed in advance.

 

§ 2 Conclusion of Contract, Contract Partner, Liability; Statute of Limitations

After clicking on "Book now" or after entering the customer's personal data, the customer's booking is displayed again in a booking overview. Possible input fields can then be recognized by the customer and corrected if necessary before the binding final submission of the booking. After the customer has clicked on "Confirm booking", the booking and therefore the contract is concluded. The booking confirmation is displayed on the hotel's website. In principle, the hotel will not confirm the conclusion of the contract again in writing, although the hotel is free to do so.

The contractual partners are the hotel and the customer. If a third party has ordered for the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

The limitation period for all claims of the customer is 6 months.

This short period of limitation shall also apply to the benefit of the hotel in the event of a breach of obligations during the initiation of the contract and a positive breach of contract in accordance with the provisions of § 7 below.

 

§ 3 Services, Prices, Payment, Offsetting

The hotel is obliged to keep the harbour crane booked by the customer ready and to provide any agreed services.

The customer is obliged to pay the hotel's applicable or agreed prices for the provision of rooms and other services used. This also applies to services and expenses of the hotel to third parties arranged by the customer.

The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and fulfilment of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 10%.

The prices may also be changed by the hotel if the customer subsequently requests changes to the hotel's services or the length of stay of the guests and the hotel consents thereto.

Hotel invoices without a due date shall be payable without deduction within 10 days of receipt of the invoice. The hotel shall be entitled to invoice claims arising for the hotel as a result of the customer's stay (e.g. mini-bar consumption, other services or claims for damages by the hotel due to careless use by the customer) even after departure.

 

§ 4 Withdrawal by the customer (cancellation)

A withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract shall be paid even if the customer does not make use of contractual services. This shall not apply in cases of delay in performance by the hotel or impossibility of performance for which the hotel is responsible.

If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until then without triggering any claims for payment or damages on the part of the hotel. The customer's right of rescission shall lapse if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date, unless there is a case of delay in performance by the hotel or an impossibility of performance for which he is responsible.

In the case of days not taken up by the customer, the hotel shall set off the income from other rentals against the saved expenses.

The hotel shall be entitled to charge a lump sum for any damage incurred by it and to be compensated by the customer. The customer shall then be obliged to pay 90 % of the contractually agreed price for overnight accommodation with or without breakfast if the customer withdraws less than 5 days before arrival. If the cancellation occurs 5 to 30 days before the start of the journey, the customer is obliged to pay 75% of the contractually agreed price per overnight stay. If the cancellation occurs 31 to 180 days before the start of the trip, the customer is obliged to pay 50% of the contractually agreed price per overnight stay. If the cancellation is finally made more than 180 days before the start of the journey, the customer is obliged to pay 25% of the contractually agreed price per overnight stay. In all cases, the customer is free to prove that no damage has been incurred or that the damage incurred by the hotel is lower than the flat rate charged.

 

§ 5 Cancellation by the Hotel

If the customer's right of withdrawal has been agreed in writing within a certain period, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right of withdrawal upon the hotel's request.

If an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with threat of rejection and if the hotel is unable to collect the payment, the hotel shall also be entitled to withdraw from the contract.

 

Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances beyond the hotel's control make performance of the contract impossible;

The hotel is booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;

the hotel has good reason to believe that the use of the hotel's services may jeopardize the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization.

there is a violation of the above area of application paragraph 2.

The hotel must inform the customer immediately of the exercise of the right of withdrawal.

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

 

§ 6 Provision of the port crane "GREIF", handover and return

The port crane "GREIF" is available to the customer from 15.00 on the agreed day of arrival. The customer is not entitled to earlier provision.

The port crane "GREIF" must be vacated and made available to the hotel by 12.00 noon at the latest on the agreed departure day. Thereafter, the hotel may charge 50 % of the full lodging price (list price) for the additional use until 6 p.m. in addition to the resulting damage, and 100 % from 6 p.m. onwards. The customer shall be at liberty to prove to the hotel that it has incurred no loss or a substantially lower loss.

The "Tower Arrangement" or the booked overnight stay includes the occupancy of a maximum of two persons. An occupancy with more than two persons therefore requires the express consent of the hotel in individual cases.

Since the "GREIF" harbour crane is a listed building and therefore poses an increased risk to users (cf. also below under § 7 number 1), occupancy by children under the age of 15 is excluded.

 

§ 7 Liability of the Hotel

The harbour crane is a building monument. As a result, the railing spacings and heights in the staircase area, for example, do not meet the requirements of modern buildings. Furthermore, there is no second escape route, for example. Open fires or the use of candles are therefore prohibited.

The hotel is liable for the diligence of a prudent businessman. This liability is in the non-typical area of performance, but limited to defects in performance, damage, consequential damage or malfunctions attributable to intent or gross negligence on the part of the hotel. Should disruptions or defects occur in the hotel's services, the hotel shall endeavour to remedy them upon becoming aware of them or upon immediate complaint by the customer. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum.

The hotel shall be liable to the customer in accordance with the statutory provisions for items brought into the hotel, i.e. up to one hundred times the room rate, up to a maximum of € 3,500.00, and for money and valuables up to € 800.00. The hotel shall also be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Liability claims shall lapse unless the customer notifies the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB).

The unrestricted liability of the hotel shall be governed by the statutory provisions.

If the customer is provided with a parking space on a parking lot, even against payment, this shall not constitute a safekeeping contract. The hotel shall not be liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, except in cases of intent or gross negligence. This shall also apply to vicarious agents of the hotel.

Messages, mail and consignments of goods for guests shall be handled with care. The hotel shall be responsible for delivery, storage and - upon request - forwarding of the same for a fee. Claims for damages, except for gross negligence or intent, are excluded.

 

§ 8 Final provisions

Amendments or supplements to the contract, the acceptance of applications or these terms and conditions for hotel accommodation shall be made in writing. Unilateral changes or additions by the customer are ineffective.

The place of performance and payment shall be the registered office of the hotel.

The exclusive place of jurisdiction - also for disputes over cheques and bills of exchange - in commercial transactions shall be the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

German law shall apply.

Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

 

 

 

 

2. Faro Punta Cumplida

§ 1 Scope of application

These terms and conditions apply to contracts for the rental of the Faro Cumplida for lodging, as well as all other services and deliveries provided for the customer by the Faro Cumplida Operating Company (hereinafter referred to as "Hotel").

The subletting or subletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.

The customer's terms and conditions shall only apply if this has been agreed in advance.

 

§ 2 Conclusion of Contract, Contract Partner, Liability; Statute of Limitations

After clicking on "Book now" or after entering the customer's personal data, the customer's booking is displayed again in a booking overview. Possible input fields can then be recognized by the customer and corrected if necessary before the binding final submission of the booking. After the customer has clicked on "Confirm booking", the booking and therefore the contract is concluded. The booking confirmation is displayed on the hotel's website. In principle, the hotel will not confirm the conclusion of the contract again in writing, although the hotel is free to do so.

The contractual partners are the hotel and the customer. If a third party has ordered for the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

The limitation period for all claims of the customer is 6 months.

This short period of limitation shall also apply to the benefit of the hotel in the event of a breach of obligations during the initiation of the contract and a positive breach of contract in accordance with the provisions of § 7 below.

 

§ 3 Services, Prices, Payment, Offsetting

The hotel is obliged to keep the Faro Cumplida booked by the customer available and to provide any agreed services.

The customer is obliged to pay the hotel's applicable or agreed prices for the provision of rooms and other services. This also applies to services and expenses of the hotel to third parties arranged by the customer.

The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and fulfilment of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 10%.

The prices may also be changed by the hotel if the customer subsequently requests changes to the hotel's services or the length of stay of the guests and the hotel consents thereto.

Hotel invoices without a due date shall be payable without deduction within 10 days of receipt of the invoice. The hotel shall be entitled to invoice claims arising for the hotel as a result of the customer's stay (e.g. mini-bar consumption, other services or claims for damages by the hotel due to careless use by the customer) even after departure.

 

§ 4 Withdrawal by the customer (cancellation)

A withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract shall be paid even if the customer does not make use of contractual services. This shall not apply in cases of delay in performance by the hotel or impossibility of performance for which the hotel is responsible.

If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until then without triggering any claims for payment or damages on the part of the hotel. The customer's right of rescission shall lapse if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date, unless there is a case of delay in performance by the hotel or an impossibility of performance for which he is responsible.

In the case of days not taken up by the customer, the hotel shall set off the income from other rentals against the saved expenses.

The hotel shall be entitled to charge a lump sum for any damage incurred by it and to be compensated by the customer. The customer shall then be obliged to pay 90 % of the contractually agreed price for overnight accommodation with or without breakfast if the customer withdraws less than 5 days before arrival. If the cancellation occurs 5 to 30 days before the start of the journey, the customer is obliged to pay 75% of the contractually agreed price per overnight stay. If the cancellation occurs 31 to 180 days before the start of the trip, the customer is obliged to pay 50% of the contractually agreed price per overnight stay. If the cancellation is finally made more than 180 days before the start of the journey, the customer is obliged to pay 25% of the contractually agreed price per overnight stay. In all cases, the customer is free to prove that no damage has been incurred or that the damage incurred by the hotel is lower than the flat rate charged.

 

§ 5 Cancellation by the Hotel

If the customer's right of withdrawal has been agreed in writing within a certain period, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right of withdrawal upon the hotel's request.

If an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with threat of rejection and if the hotel is unable to collect the payment, the hotel shall also be entitled to withdraw from the contract.

Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if

force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;

The hotel is booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;

the hotel has good reason to believe that the use of the hotel's services may jeopardize the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization.

there is a violation of the above area of application paragraph 2.

The hotel must inform the customer immediately of the exercise of the right of withdrawal.

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

 

§ 6 Provision of the Faro Cumplida, handover and return

The Faro Cumplida is available to the customer from 15.00 on the agreed day of arrival. The customer is not entitled to earlier availability.

The Faro Cumplida must be vacated and made available to the hotel no later than 12.00 noon on the agreed departure day. Thereafter, the hotel may charge 50 % of the full lodging price (list price) for the additional use until 6 p.m. in addition to the resulting damage, and 100 % from 6 p.m. onwards. The customer shall be at liberty to prove to the hotel that it has incurred no loss or a substantially lower loss.

The "Tower Arrangement" or the booked overnight stay includes the occupancy of a maximum of two persons in the Atlantic or La Palma Suite or a maximum of 4 persons in the Farero Suite. An occupancy with more than two or 4 persons therefore requires the express consent of the hotel in individual cases.

Since the Faro Cumplida is a listed building and therefore involves an increased risk potential for users (cf. also below under § 7 number 1), occupancy with children under the age of 15 is excluded.

 

§ 7 Liability of the Hotel

The Faro Cumplida is a monument. As a result, the railing spacing and heights in the staircase area, for example, do not meet the requirements of modern buildings. Furthermore, not all rooms have a second escape route.

The hotel is liable for the diligence of a prudent businessman. This liability is non-typical in the area of performance, but is limited to defects in performance, damage, consequential damage or malfunctions attributable to intent or gross negligence on the part of the hotel. Should disruptions or defects in the services of the hotel occur, the hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum.

 

The hotel shall be liable to the customer in accordance with the statutory provisions for items brought into the hotel, i.e. up to one hundred times the room rate, up to a maximum of € 3,500.00, and for money and valuables up to € 800.00. The hotel shall also be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Liability claims shall lapse unless the customer notifies the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB).

The unrestricted liability of the hotel shall be governed by the statutory provisions.

If the customer is provided with a parking space on a parking lot, even against payment, this shall not constitute a safekeeping contract. The hotel shall not be liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, except in cases of intent or gross negligence. This shall also apply to vicarious agents of the hotel.

Messages, mail and consignments of goods for guests shall be handled with care. The hotel shall be responsible for delivery, storage and - upon request - forwarding of the same for a fee. Claims for damages, except for gross negligence or intent, are excluded.

 

§ 8 Final provisions

Amendments or supplements to the contract, the acceptance of applications or these terms and conditions for hotel accommodation shall be made in writing. Unilateral changes or additions by the customer are ineffective.

The place of performance and payment shall be the registered office of the hotel.

The exclusive place of jurisdiction - also for disputes over cheques and bills of exchange - in commercial transactions shall be the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Berlin.

German law shall apply.

Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.