General Terms and Conditions Supplementary provisions Company quotas
§ 1 Scope of application
This section governs the booking of room allotments at agreed company rates (“company allotments”) between FH Rostocker Hotelbetriebs GmbH, Carl-Kossow-Straße 46, 18337 Marlow (trading under the brand name “ScanHotels”, hereinafter “Hotel”) and the respective contractual partner (hereinafter “Company”).
For all bookings and overnight stays on the basis of such a company agreement, the conditions set out in the individual company offer (including any black-out dates and price overviews) and the following provisions of this part shall take precedence. In all other respects, the provisions of the other GTC shall apply in addition, unless expressly agreed otherwise.
§ 2 Framework agreement and booking process
The company agreement represents a framework agreement on the possibility of bookings at agreed company rates. It does not establish any obligation on the part of the company to actually book rooms, nor any entitlement to a certain number of overnight stays, but merely regulates the conditions under which future individual bookings can be made.
The hotel shall provide the company with an individual booking code (“company rate code”) for future bookings. This code is intended exclusively for bookings made by employees, agents or guests of the company and may not be passed on to third parties or used for other bookings. The hotel is entitled to request proof of authorization when using the code.
Individual bookings are made separately by the company or its authorized users via the booking channels offered by the hotel (online booking platform, e-mail, telephone or linked booking portals). The data provided when making the reservation and the subsequent booking confirmation from the hotel are decisive for the respective booking.
All bookings are subject to availability within the agreed contingent. The corporate rate is not available on agreed black-out dates; the hotel’s regular daily rates apply during these periods.
§ 3 Prices and quotas
The company rate stated in the company agreement applies exclusively to individual bookings by guests of the company within the agreed period. The rate is per room and night including the applicable statutory VAT and is commission-free.
The corporate rate is only available within the scope of the agreed room category and – if specified in the corporate agreement – for a certain annual or monthly room contingent. Any use beyond this is subject to the hotel’s current daily rates, unless expressly agreed otherwise in writing.
On the black-out dates specified in the company agreement, the company rate is excluded; during these periods, the hotel’s regular daily rates apply.
The hotel is entitled to adjust the corporate rate appropriately after prior notification to the company if the statutory value added tax changes or the purchasing costs (in particular energy or personnel costs) increase significantly after conclusion of the contract and there is a period of more than four months between conclusion of the contract and the booking.
§ 4 Reservation and Cancellation Conditions
Individual reservations under the corporate agreement are made exclusively via the booking channels offered by the hotel, quoting the corporate rate code. The dates, prices and cancellation deadlines stated in the respective booking confirmation are decisive for each reservation.
Non-guaranteed reservations (i.e. bookings without a credit card guarantee or other security deposit) will be held by the hotel until the cancellation deadline specified in the booking confirmation on the day of arrival. If there is no arrival or subsequent guarantee by this time, the reservation expires automatically and the hotel is entitled to reallocate the rooms.
Insofar as no deviating cancellation deadlines have been agreed in the booking confirmation or in the respective company tariff, the cancellation conditions of Part A of these GTC shall apply accordingly to cancellations and no-shows.
The company is obliged to inform its authorized users of the applicable cancellation deadlines and conditions and to ensure that these are complied with.
§ 5 Obligations of the company
The company undertakes to pass on the company rate code exclusively to its own employees, agents or guests who are authorized to book under the company agreement. Passing it on to third parties for other purposes, in particular for commercial purposes or to resellers, is not permitted.
The company must ensure that bookings are made exclusively for business or expressly authorized private stays by authorized users. Abusive bookings or unauthorized use of the company rate code entitle the hotel to refuse the company rate and to block access to the booking code with immediate effect.
The company informs its authorized users about the applicable booking and cancellation conditions as well as any black-out dates and ensures that these are adhered to.
The company is liable to the hotel for all claims arising from bookings made using the company rate code, insofar as these are not settled by the authorized users themselves.
§ 6 Billing and payment
Overnight stays are generally invoiced directly between the hotel and the respective guest upon departure (“self-payer”), unless otherwise agreed in the company offer or in the booking confirmation.
If central invoicing to the company has been agreed, the hotel shall invoice the company for the services booked in accordance with the company agreement. Unless other payment terms have been expressly agreed, invoices are due immediately upon receipt without deduction.
In the event of late payment, the hotel is entitled to charge interest on arrears at a rate of 5 percentage points above the prime rate for consumers and 9 percentage points above the prime rate for companies. The hotel reserves the right to provide evidence of higher damages; the company reserves the right to provide evidence of lower damages.
The hotel may require an appropriate advance payment or security deposit (e.g. credit card guarantee) from the company or the individual guests if this is provided for in the company offer or is necessary for the execution of the booking.
§ 7 Term and termination of the Company Agreement
The company agreement comes into force when it is signed by both parties and is valid for the period specified in the company offer. Unless otherwise agreed, it is not automatically extended.
Either party may terminate the company agreement without notice for good cause. Good cause shall be deemed to exist in particular if one of the parties breaches material contractual obligations and fails to remedy this breach within a reasonable period of time despite a written warning or if the company misuses the company tariff code.
Individual bookings already made remain unaffected by a termination and will be processed in accordance with the applicable conditions.
After termination of the company agreement, the hotel is entitled to deactivate the company rate code immediately.
§ 8 Final provisions
In addition to this Part E, the provisions of Parts A-D of these GTC shall apply, unless expressly agreed otherwise.
Amendments or additions to the company agreement must be made in text form to be effective.
Should individual provisions of these supplementary provisions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the company is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany after conclusion of the contract, the exclusive place of jurisdiction for all disputes arising from the company agreement shall be the registered office of the hotel. However, the hotel is also entitled to sue the company at its general place of jurisdiction.
