Terms & Conditions

1.1 These Terms and Conditions apply to contracts for the temporary provision of hotel rooms for accommodation (the “Accommodation”) as well as to all additional services and deliveries provided by RIMC Bunker Hamburg Hotelbetriebsgesellschaft mbH & Co KG (the “Hotel”) to the booked customer and their accompanying persons (the “Customer”) in connection with the Accommodation.

1.2 The subletting or re-letting of the rooms provided, as well as their use for purposes other than the agreed accommodation purposes by third parties, requires the prior written consent of the Hotel. Section 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is excluded insofar as the Customer is not a consumer.

1.3 The Customer’s general terms and conditions shall apply only if expressly agreed in writing in advance.

2. Conclusion of Contract, Contractual Parties; Limitation Period

2.1 The contract is concluded upon acceptance of the Customer’s request or booking by the Hotel. The Hotel is free to confirm the room booking in writing.

2.2 The contractual parties are the Hotel and the Customer. If a third party makes the booking on behalf of the Customer, that third party shall be jointly and severally liable with the Customer to the Hotel for all obligations arising from the accommodation contract, provided the Hotel has received a corresponding declaration from the third party.

2.3 All claims against the Hotel shall generally become time-barred one year after the commencement of the statutory limitation period. Claims for damages shall become time-barred after five years irrespective of knowledge. These shortened limitation periods shall not apply to claims based on intentional or grossly negligent breaches of duty by the Hotel or to claims for injury to life, body or health.

3. Services, Prices, Payment, Set-Off

3.1 The Hotel is obliged to provide the rooms booked by the Customer in the booked category for the agreed booking period and to perform the agreed additional services. There is no entitlement to a specific room within the booked category unless this has been expressly confirmed in writing by the Hotel.

3.2 The Customer is obliged to pay the agreed or currently applicable prices of the Hotel for the provision of rooms and any additional services used. This also applies to services and expenses incurred by the Hotel at the Customer’s request with third parties. The agreed prices include the applicable statutory value-added tax. Bringing pets is permitted only with the prior consent of the Hotel. The Hotel may charge a separate fee for additional cleaning required due to pets.

3.3 The Hotel may make its consent to a subsequent reduction requested by the Customer in the number of booked rooms, Hotel services or the duration of stay conditional upon an increase in the remaining price for the rooms and/or other Hotel services.

3.4 Hotel invoices are payable upon departure or, if agreed, within ten days of receipt of the invoice without deduction. The Hotel may at any time demand immediate payment of due claims. In the event of default in payment, the Hotel is entitled to charge statutory interest pursuant to Section 247 BGB. The Hotel reserves the right to prove higher damages. In the event of refusal of payment, the Hotel has a lien on the items brought in by the guest pursuant to Section 704 BGB.

3.5 Upon conclusion of the contract or prior to providing the room, the Hotel is entitled to demand from the Customer an appropriate advance payment or security deposit up to the amount of the agreed room price for the accommodation. The amount of the advance payment and the payment dates may be agreed in writing in the contract. Statutory provisions remain unaffected in the case of advance payments or security deposits for package tours.

3.6 In justified cases, for example payment default in previous bookings, the Hotel is entitled, even without a separate agreement, to demand an advance payment or security deposit as described in the preceding clause 5 or to increase the advance payment or security deposit agreed in the contract up to the full agreed remuneration prior to the start of the Customer’s stay.

3.7 The Hotel is also entitled, at the beginning of and during the Customer’s stay, to demand an appropriate advance payment or security deposit for additional services offered for food, beverages or the use of Hotel facilities and services in connection with the accommodation, insofar as such payments have not already been made pursuant to the preceding clauses 5 or 6.

3.8 The Customer may only offset, reduce or exercise a right of retention against claims of the Hotel if the counterclaim is undisputed or has been finally adjudicated.

 

4. Withdrawal by the Customer; Non-Utilisation of Hotel Services

4.1 Withdrawal by the Customer from the contract concluded with the Hotel requires the written consent of the Hotel. If such consent is not granted at the time of booking, the agreed contractual price shall be payable even if the Customer does not make use of the agreed services or departs early. In this case, the corresponding invoice will be issued showing value-added tax. If written consent to withdrawal is granted by the Hotel on the condition that the Customer pays compensation for rooms not used, the corresponding invoice will be issued without showing value-added tax.

4.2 The provisions of the preceding paragraph shall not apply in the event of a breach of the Hotel’s obligation to respect the rights, legal interests and interests of the Customer if, as a result, adherence to the contract can no longer reasonably be expected, or if any other statutory or contractual right of withdrawal exists.

4.3 If a deadline for withdrawal from the contract has been agreed in writing between the Hotel and the Customer, the Customer may withdraw from the contract free of charge until that deadline. The Customer’s right of withdrawal shall expire if the Customer does not exercise this right in writing towards the Hotel by the agreed deadline, unless a case of withdrawal pursuant to clause IV section 2 applies.

4.4 In the case of rooms not used by the Customer as part of a package tour (Section 651i BGB), the Hotel shall offset the income from other rentals of the rooms as well as saved expenses. If the rooms are not rented to other parties, the Hotel may claim the contractually agreed remuneration and may apply a lump-sum deduction for saved expenses. In this case, the Customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board arrangements and 60% for full-board arrangements. The Customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed. Otherwise, the Hotel’s cancellation conditions shall apply.

5. Withdrawal by the Hotel

5.1 If it has been agreed in writing that the Customer may withdraw from the contract free of charge within a certain period, the Hotel is likewise entitled to withdraw from the contract during this period if requests from other customers exist for the contractually booked rooms and the Customer does not waive their right of withdrawal upon inquiry by the Hotel.

5.2 If an agreed advance payment or security deposit or one demanded pursuant to clause III sections 6 and/or 7 is not made, the Hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the Hotel is entitled to withdraw extraordinarily from the contract for objectively justified reasons, for example if • force majeure or other circumstances beyond the Hotel’s control make performance of the contract impossible; • rooms are booked under misleading or false statements of material facts, for example regarding the person of the Customer or the purpose of the stay; • the Hotel has justified reason to assume that the use of the Hotel services may endanger the smooth operation of the business, the security or the public reputation of the Hotel, without this being attributable to the Hotel’s sphere of control or organisation; • a breach of clause I section 2 has occurred.

5.4 In the event of a justified withdrawal by the Hotel, the Customer shall have no claim for damages.

6. Provision, Handover and Return of Rooms

6.1 The Customer does not acquire any entitlement to the provision of specific rooms within the booked category.

6.2 Booked rooms are available to the Customer from 3:00 p.m. on the agreed day of arrival.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the Hotel by no later than 12:00 noon. In the event of late vacating, the Hotel may charge 50% of the room rate plus increased costs for delayed cleaning for use beyond the contractual period until 6:00 p.m., and 100% of the full accommodation rate (list price) from 6:00 p.m. onwards. The Guest is free to prove that the Hotel has suffered no damage or a significantly lower claim for usage compensation.

7. Liability of the Hotel and Customer’s Rights in the Event of Defects

7.1 The Hotel is liable for its contractual obligations with the care of a prudent merchant. Claims for damages by the Customer are excluded. Excluded from this are damages resulting from injury to life, body or health for which the Hotel is responsible, as well as other damages based on intentional or grossly negligent breaches of duty by the Hotel. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the Hotel. Should disruptions or defects in the Hotel’s services occur, the Hotel shall endeavour to remedy them upon becoming aware of them or upon immediate notification by the Customer. The Customer is obliged to contribute what is reasonable to remedy the disruption and to minimise any possible damage.

7.2 The Hotel is liable to the Customer for items brought into the Hotel in accordance with statutory provisions pursuant to Sections 701–704 BGB up to one hundred times the room rate for one night, up to a maximum of EUR 3,500, and for money, securities and valuables up to EUR 800. Money, securities and valuables may be stored in the Hotel or room safe up to a maximum value of EUR 7,500. The Hotel recommends making use of this option. The claim for damages expires if the Guest does not notify the Hotel of the loss immediately after becoming aware of it.

7.3 If the Customer is provided with a parking space in the Hotel garage or on a Hotel parking lot, even for a fee, this does not constitute a safekeeping contract. The Hotel shall not be liable for loss of or damage to vehicles parked or manoeuvred on the Hotel premises or their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the Hotel. Clause 1 sentences 2 to 4 shall apply accordingly.

7.4 If defects in the booked room and its facilities or other Hotel services become apparent during the stay, the Guest must notify the Hotel immediately and allow the Hotel the opportunity to remedy the defect or provide an adequate replacement room. If the Guest does not notify the defects immediately, subsequent reductions of the agreed price are excluded.

7.5 Wake-up calls are carried out by the Hotel with the utmost care. Messages, mail and goods shipments for guests are handled with care. The Hotel assumes delivery, storage and, upon request, forwarding for a fee. Clause 1 sentences 2 to 4 shall apply accordingly.

8. Final Provisions

8.1 Amendments or supplements to the contract, the acceptance of the application or these Terms and Conditions for accommodation should be made in writing. Unilateral amendments or supplements by the Customer are invalid.

8.2 The place of performance and payment is the registered office of the respective Hotel.

8.3 The exclusive place of jurisdiction, including for disputes concerning cheques and bills of exchange, shall be the Free and Hanseatic City of Hamburg, Germany, in commercial transactions. If a contractual party fulfils the requirements of Section 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the registered office of the Hotel shall be the place of jurisdiction.

8.4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and of conflict-of-law rules is excluded.

8.5 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 same applies in the event of an unintended regulatory gap. Otherwise, the statutory provisions shall apply.