General Terms and Conditions ScanHotels City

Room booking at ScanHotels City

§ 1 Scope of application

These terms and conditions apply to all contracts between consumers and entrepreneurs and FH Rostocker Hotelbetriebs GmbH, Carl-Kossow-Straße 46, 18337 Marlow (trading under the brand name “ScanHotels City”) for the rental of rooms for the accommodation of guests as well as for all other related services and deliveries of the hotel. The customer’s general terms and conditions shall not apply unless the hotel expressly agrees to their inclusion in writing in individual cases.

§ 2 Conclusion of contract

The presentation of accommodation services and other offers on the hotel’s website, via external booking portals or by telephone does not constitute a binding offer by the hotel. Only the customer’s inquiry constitutes an offer to conclude an accommodation contract.

When booking via the booking system on the hotel’s website or via connected portals, the customer selects the desired booking period and the number of persons, enters their personal data and submits an offer upon completion of the booking process. The contract is concluded as soon as the hotel confirms the booking. The confirmation is regularly sent by e-mail.
In the case of bookings made by telephone or e-mail, the customer receives a reservation confirmation with the agreed booking details. The contract is concluded if the customer confirms this reservation confirmation within 24 hours or takes up the room without reservation within this period. Thereafter, the hotel is no longer bound by the reservation and may allocate the room elsewhere.
For bookings made on site, the contract is concluded by verbal agreement and handover of the room.
If a third party makes the booking on behalf of a customer, he shall be liable to the hotel together with the customer as joint and several debtors.

§ 3 Prices and payment

The agreed prices include the statutory VAT applicable at the time the contract is concluded. Should the VAT rate for the contractually agreed services change after conclusion of the contract, the prices shall be adjusted accordingly. The same applies to newly introduced or increased municipal taxes (e.g. cultural promotion tax, visitor’s tax), insofar as these affect accommodation. The price adjustment is limited to the amount of the charges.
Unless otherwise agreed, the hotel’s invoices are due immediately and without deduction upon receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment.
The hotel is entitled to demand a reasonable advance payment or security deposit (e.g. credit card guarantee) upon conclusion of the contract. If the advance payment is not made within the agreed period, the hotel may withdraw from the contract and demand compensation. In justified cases, in particular in the event of default in payment or extension of the scope of services, the hotel is entitled to demand a subsequent increase in the advance payment or a further security deposit up to the amount of the expected accommodation costs.
If the customer is in arrears with a payment, the hotel may charge interest on arrears. For consumers, this amounts to 5 percentage points above the respective base interest rate, for entrepreneurs 9 percentage points above the respective base interest rate. The hotel reserves the right to provide evidence of higher damages.
The customer may only offset claims of the hotel with undisputed or legally established claims if he is not a consumer. Consumers have a statutory right to offset against claims that are in a reciprocal relationship or have been legally established.
If the period between the conclusion of the contract and the agreed stay exceeds four months and the price generally charged by the hotel for corresponding services increases, the hotel is entitled to increase the contractually agreed price appropriately, but by no more than 5%. In the event of a price increase, the customer is entitled to withdraw from the contract free of charge within two weeks of notification of the price increase.

§ 4 Room provision, handover, return and services

The hotel is obliged to provide the services booked by the customer and confirmed by the hotel. The customer does not acquire any claim to the provision of specific rooms unless the hotel has expressly confirmed the provision in writing.
Booked rooms are available to the customer from 15:00 on the agreed day of arrival. There is no entitlement to earlier availability. Unless otherwise agreed, rooms must be occupied by 6:00 p.m. at the latest on the day of arrival. After this time, the hotel may make the room available to someone else, unless notification of a later arrival has been given. In the case of “guaranteed bookings” (e.g. by advance payment or credit card guarantee), the room will be kept free until the end of the day of arrival regardless of this.
On the agreed day of departure, the rooms must be vacated and returned to the hotel by 12:00 noon at the latest. In the event of a later return, the hotel may charge 50% of the agreed room rate for the additional use of the room until 6:00 p.m. and 100% from 6:00 p.m. onwards. The customer reserves the right to prove that the hotel has incurred no or significantly less damage.
Subletting or re-letting of the rooms provided as well as use for purposes other than accommodation require the prior consent of the hotel. This applies in particular to the organization of job interviews, sales or similar events. Insofar as the customer is an entrepreneur, § 540 para. 1 sentence 2 BGB is waived.

§ 5 Additional services

The customer is obliged to pay the prices for additional services used by the hotel. This also applies to expenses incurred by the hotel to third parties at the instigation of the customer.
Additional services are only part of the contract if they have been expressly agreed. This applies in particular to arrangements, events or other offers that go beyond mere accommodation. Unless otherwise agreed, admission tickets or
participation fees for events at the hotel are not included in the room rate
.
Voluntary additional services provided by the hotel without contractual obligation do not constitute a claim by the customer to repeated or future provision.

§ 6 Withdrawal / Cancellation by the customer

Withdrawal from the accommodation contract by the customer must be made in writing.
If the hotel and the customer have agreed on a date or a possibility of free cancellation, the customer may withdraw from the contract free of charge up to this date. The agreements made at the time of conclusion of the contract shall apply. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
Unless otherwise agreed, the customer shall be obliged to pay 90% of the contractually agreed price for each overnight stay booked in the event of cancellation or non-utilization of the agreed services, insofar as it is not possible to re-let the accommodation.
The customer reserves the right to prove that the hotel has incurred no or significantly less damage.
In the case of bookings lasting several days, the customer’s right of use shall lapse if he does not arrive on the first day of the reservation without consulting the hotel. In this case, the hotel is entitled to reallocate the room for the remaining period.
Third-party services or special services (e.g. flowers, cakes or similar orders) that are rendered useless as a result of the cancellation must be paid for in full if it is not possible to cancel free of charge with the third party.

§ 7 Cancellation by the hotel

Insofar as the customer has been granted a right of withdrawal free of charge within a certain period, the hotel is also entitled to withdraw from the contract within this period.
If an agreed advance payment or an advance payment demanded in accordance with these terms and conditions is not made on time, the hotel is entitled to withdraw from the contract.
In addition, the hotel may withdraw from the contract for good cause, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract,
- rooms are culpably booked with misleading or false information about material facts, such as the identity of the customer or the purpose of use,
- the hotel has justified cause to believe that the use of the services may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization,
- the purpose or reason for the stay is unlawful,
- unauthorized subletting or re-letting takes place contrary to § 4,
- insolvency or composition proceedings are opened or applied for against the customer’s assets.
In the event of a justified withdrawal by the hotel, the customer shall not be entitled to any claims for damages. Payments already made shall be refunded to the customer without delay.

§ 8 Liability and warranty rights

The statutory warranty rights apply. Should defects or faults occur in the hotel’s services, the customer must report these immediately so that the hotel has the opportunity to remedy the situation. The customer is obliged to minimize any damage incurred.
The hotel is liable for damages resulting from injury to life, limb or health that are based on a culpable breach of duty by the hotel, its legal representatives or vicarious agents.
The hotel shall only be liable for other damages in the event of intent or gross negligence. In the event of simple negligence, the hotel shall only be liable for the breach of material contractual obligations, but limited to the foreseeable damage typical for the contract. Material contractual obligations
are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
Any further liability of the hotel is excluded. Mandatory statutory claims, in particular under the Product Liability Act and from a guarantee assumed by the hotel, remain unaffected.
The hotel is liable for items brought into the hotel in accordance with the statutory provisions of §§ 701 ff. BGB. If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, this does not constitute a safekeeping agreement.

§ 9 Data protection

The hotel undertakes to comply with all data protection regulations applicable in the Federal Republic of Germany, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
The hotel collects and processes personal data of the customer
and fellow travelers (hereinafter referred to as “data subjects”) exclusively for the purpose
of executing the contract and fulfilling contractual and
pre-contractual obligations. The legal basis for this is Art. 6 para. 1 lit. b
GDPR.
The data will not be passed on to third parties unless this is necessary for the execution of the contract (e.g. involvement of payment service providers) or required by law.
The personal data of the data subject will be deleted as soon as it is no longer required for the performance of the contract and there are no statutory retention obligations to the contrary.
The data subject has the right to free information about the personal data stored by the hotel at any time. They also have the right to rectification, erasure, restriction of processing, data portability and to object to
the processing of their personal data.
The data subject can address corresponding questions or requests directly to the hotel. The data subject also has the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority if he or she considers that the processing of his or her personal data infringes data protection regulations.

§ 10 Final provisions

The contract language is German.
The text of the contract will be saved by the hotel after conclusion of the contract. The customer shall receive the order details and the GTC in the booking confirmation sent to the e-mail address provided by the customer. Amendments to the contract must be made in writing.
The contract shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as it does not withdraw the protection of mandatory provisions of the law of the country in which the consumer has his habitual residence.
The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, the registered office of the hotel. Otherwise, the
statutory places of jurisdiction shall apply.
The hotel is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
Should individual provisions of this contract be or become invalid, the validity of the remainder of the contract shall remain unaffected, insofar as a contractual partner is not unreasonably disadvantaged as a result.

Rental of rooms and organization of events

§ 1 Scope of application

This section governs contracts between consumers and entrepreneurs and FH Rostocker Hotelbetriebs GmbH, Carl-Kossow-Straße 46, 18337 Marlow (trading under the brand name “ScanHotels City”) for the rental of rooms for the organization of events as well as for related services of the hotel.
The basis is the contract offer submitted by the hotel; upon acceptance, the content of the offer becomes part of the contract. Deviating general terms and conditions of the customer shall not apply unless the hotel expressly agrees to their inclusion in individual cases.
Any assignment of the contract or individual rights to third parties and any forwarding of the contractual offer for this purpose shall require the prior consent of the hotel.

§ 2 Formation of the contract

Presentations, information or brochures of the hotel do not constitute a binding offer.
The hotel shall send the customer a contract offer in text form. The contract is concluded if the customer accepts the offer in text form within the period specified therein.
Deviations from or additions to the offer are only effective if they are confirmed by the hotel.
The scope of services is determined by the hotel’s offer and acceptance by the customer. These terms and conditions apply in addition.

§ 3 Services and use

The hotel shall provide the rooms and facilities agreed in the contract for the contractually agreed duration as well as the agreed ancillary services. Unless otherwise agreed, flat rates for participants apply daily from 8:00 a.m. to a maximum of 2:00 a.m. on the following day. If an event begins or ends outside these times, additional costs may be incurred.
The hotel reserves the right to change the booked facilities if this is necessary due to actual circumstances. These include, in particular, a reduction or increase in the number of participants, technical problems in the facilities and health
or safety risks.
The hotel must be informed immediately of any changes in the number of participants. The hotel will endeavor to accommodate higher numbers of participants, but is not obliged to do so.
The customer is obliged to use the rooms only for the purpose agreed in the contract and within the agreed times. Legal regulations, official requirements, fire safety regulations and any applicable house rules must be complied with.
Any subletting or re-letting of the rented rooms or areas as well as the transfer to third parties requires the prior consent of the hotel. For entrepreneurs, § 540 para. 1 sentence 2 BGB is waived.
The hotel shall provide technical equipment by agreement. The use of the hotel’s own technical equipment or that of contracted third parties is only permitted with the hotel’s consent. The hotel may demand reimbursement of additional costs (e.g. energy, connection charges)
.
Insofar as the hotel procures technical or other equipment from third parties at the customer’s request, it shall act in the name of, on behalf of and for the account of the customer. The customer shall be liable for careful handling and proper return and shall indemnify the hotel against third-party claims.
Structures, fixtures, decorations or other objects may only be installed with the consent of the hotel and must comply with fire safety regulations. They must be removed immediately after the end of the event. The hotel assumes no obligation to guard these objects or to protect them from unauthorized access by third parties. Security is the sole responsibility of the customer.
Objects or materials brought in by the customer are stored at the customer’s risk. The hotel shall only be liable for this in the event of intent or gross negligence.

§ 4 Food, beverages and hospitality

Food and drinks for events are provided exclusively by the hotel. Bringing your own food and drinks is prohibited.
Exceptions require the prior written consent of the hotel. In this case, the hotel may charge an appropriate fee (“corkage fee” or comparable flat rates) to cover the costs incurred.
The customer shall bear full responsibility for the health safety of any food and beverages brought into the hotel and shall indemnify the hotel against all third-party claims. The hotel assumes no liability for the shelf life of food or beverages that remain in the hotel after an
event or are taken away by the customer.
The event must be carried out in accordance with the relevant statutory and official regulations. This applies in particular to obtaining and paying for the necessary permits, such as music licenses from GEMA or contributions to
the artists’ social security fund. These obligations lie solely with the customer, unless the parties have expressly agreed otherwise.
Extended catering services, such as the extension of the opening hours of the hotel’s catering facilities, require prior agreement and may be charged separately.

§ 5 Prices, down payment and payment

The prices agreed in the contract shall apply, including the applicable statutory VAT. Subsequent changes to the scope of services at the customer’s request may lead to a corresponding adjustment of the prices.
If the period between the conclusion of the contract and the start of the event exceeds four months and if the hotel’s prices generally charged for comparable services increase due to increased procurement, energy or labor costs, the hotel is entitled to adjust the agreed prices appropriately, but by no more than 5%. In this case, the customer may withdraw from the contract free of charge within two weeks of notification.
The hotel may demand a reasonable down payment. Unless otherwise agreed, the deposit shall amount to 50% of the contractually agreed total price and shall be due within 14 days of conclusion of the contract.
If the customer fails to make a down payment when due, the hotel is entitled to withdraw from the contract and demand compensation in the amount of the applicable cancellation fees at that time.
The remaining amount is to be paid after the event has been held on the basis of the final invoice. Invoices are due upon receipt without deduction, unless a different deadline has been agreed in the contract.
If the customer is in default of payment, the hotel may charge interest on arrears at a rate of five percentage points above the prime rate if the customer is a consumer, or nine percentage points above the prime rate if the customer is an entrepreneur. The hotel reserves the right to claim higher damages.

§ 6 Cancellations and participant reductions by the customer

The customer is granted the right either to cancel the entire event or to reduce the agreed number of participants. This right exists only under the following conditions. Insofar as different cancellation conditions are agreed in the contract or offer, these shall take precedence.
Total cancellation
- up to 90 days before the start of the event: free of charge,
- up to 30 days before the start of the event: 80 % of the agreed remuneration,
- from 29 days before the start of the event or in the event of a no-show: 90% of the agreed remuneration.
Participant reduction
- up to 30 days before the start of the event: reduction of up to 20% of the agreed number of participants possible free of charge,
- up to 7 days before the start of the event: reduction of up to 5% of the agreed number of participants possible free of charge,
- Any further reductions or non-appearance of individual participants shall be subject to payment of the agreed remuneration, provided that no other use of the capacities is possible.
The customer reserves the right to prove that the hotel has incurred no or significantly less damage. The hotel reserves the right to provide evidence of higher damages.

§ 7 Withdrawal and termination by the hotel

Insofar as the customer has been granted a free right of withdrawal in the contract up to a certain date, the hotel is also entitled to withdraw from the contract free of charge up to this date.
The hotel is also entitled to withdraw from the contract or to terminate it extraordinarily if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract,
- events were booked with misleading or false information regarding material facts, in particular the identity of the customer or the purpose of the event,
- there are objective indications that the event may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization,
- unauthorized subletting or re-letting takes place contrary to § 3,
- insolvency proceedings are opened or applied for against the customer’s assets or the customer makes an affidavit in lieu of an oath
- the customer fails to make an agreed advance payment or provide security on time.
If the withdrawal or termination occurs for a reason for which the customer is responsible, in particular in the event of breaches of contractual or statutory obligations, the hotel may demand the compensation provided for in § 6.
If the withdrawal or termination occurs for reasons for which neither the hotel nor the customer is responsible, any payments already made by the customer shall be refunded; no further claims shall exist.
If the hotel culpably rescinds or terminates the contract without good cause, the customer shall be treated as if the hotel had duly fulfilled the contract. Amounts already paid are to be reimbursed immediately; further claims for damages by the customer remain unaffected.

§ 8 Guest rooms in the context of events

If guest rooms have been agreed in the contract, the hotel will provide these in accordance with the booking confirmation. Check-in is possible from 3:00 p.m. on the day of arrival, check-out must take place by 12:00 p.m. on the day of departure. Deviations from this require a separate agreement. Late check-out may incur additional costs.
The hotel must be informed immediately of any changes in the number of guest rooms booked. The hotel will endeavor to take an increase into account, but is not obliged to do so. If a participant leaves the hotel prematurely, the customer remains obliged to pay the agreed remuneration.
Cancellations of guest rooms
a) Up to 100 % of the originally agreed guest rooms can be canceled free of charge up to 90 days before arrival.
b) Up to 20 % of the originally agreed guest rooms can be canceled free of charge up to 30 days before arrival.
c) Up to 7 days before arrival, up to 10 % of the originally agreed guest rooms or the remaining number after prior cancelations can be canceled free of charge.
d) Cancellations beyond this and cancellations from 6 days before arrival are subject to payment of 90 % of the agreed room price, provided that no other rental is possible.
Costs and invoicing
a) The customer is liable for all costs incurred in connection with the guest rooms. This also applies to costs caused by participants or third parties.
b) Insofar as individual payment by participants has been agreed, the customer remains obliged to duly inform the participants of this and is jointly and severally liable for the full payment of the room costs and participant flat rates.
c) The hotel may require participants to provide a security deposit, in particular in the form of a credit card guarantee or comparable security, to secure their individual assumption of costs.
d) All additional charges incurred during the stay by participants or the customer must be paid at the latest on departure.
If, in exceptional cases, the hotel is unable to provide the confirmed number of guest rooms, it shall inform the customer immediately and arrange for reasonable alternative accommodation in a hotel of a comparable category as close as possible at its own expense. This shall also include the costs for reasonable transportation between the replacement hotel and the event location as well as a telephone call to notify the participants.

§ 9 Liability

The customer shall be liable for all damage to the building, the premises and the furnishings of the hotel caused by himself, by participants or visitors to the event and by other third parties within his area of responsibility. The hotel is entitled to demand the provision of appropriate security, such as insurance or deposits, to cover the liability risk.
The hotel shall be liable in accordance with the statutory provisions insofar as damages were caused by intent or gross negligence on the part of the hotel, its legal representatives or vicarious agents.
In the event of slightly negligent breaches of duty, the hotel shall only be liable if a material contractual obligation has been breached. In this case, liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract
and on whose compliance the customer may regularly rely.
The hotel shall not be liable for damages that are solely within the sphere of risk of the customer or its participants, in particular for items brought in by them, unless mandatory statutory liability pursuant to Sections 701 et seq. BGB exists.
The hotel’s liability for culpable injury to life, limb or health remains unaffected. The same applies to any liability under the Product Liability Act, in the event of fraudulent intent or in the event of a guarantee assumed.

§ 10 Data protection

The hotel collects, processes and uses the customer’s personal data exclusively in accordance with the provisions of data protection law, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
Data processing is carried out for the purpose of executing the contract and for the fulfillment of pre-contractual obligations on the basis of Art. 6 para. 1 lit. b GDPR. This includes in particular the collection of contact data, payment information and details of the event.
In addition, the hotel may also use the customer’s personal data for its own advertising for similar services. The legal basis is Art. 6 para. 1 lit. f GDPR. The customer can object to this use of their data at any time.
Data will only be passed on to third parties if this is necessary for the execution of the contract (e.g. to service providers who are involved in the event), if there is a legal obligation to do so or if the customer has given their prior consent.
The data will be deleted as soon as it is no longer required for the fulfillment of the purpose of the contract and there are no legal obligations to retain it.
The customer has the right to free information about the personal data stored by the hotel as well as a right to rectification, erasure, restriction of processing, data portability and objection. Corresponding requests should be addressed to
the hotel.
The customer also has the right, without prejudice to other legal remedies, to lodge a complaint with a supervisory authority if they believe that the processing of their personal data violates data protection regulations.

§ 11 Final provisions

Amendments or additions to the contract and these General Terms and Conditions must be made in text form.
The contract language is German.
The entire contractual relationship shall be governed exclusively by German law. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
If the customer is a merchant, a legal entity under public law or a special fund under public law, or if he has no general place of jurisdiction in Germany after conclusion of the contract, the place of jurisdiction shall be the hotel’s registered office. However, the hotel is also entitled to sue the customer at his
general place of jurisdiction. For consumers, the statutory place of jurisdiction shall apply.
The hotel is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Should individual provisions of these terms and conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The hotel stores concluded contracts and can make these available to the customer at any time upon request.