Miles & More

prizeotel
The Economy-Design Hotel

General Terms and Conditions

prizeotel

for bookings on the website of prize Holding GmbH for hotels operated by prize Deutschland GmbH:

 

  1. General provisions

    1. These General Terms and Conditions of Business shall apply for all contracts between the guest (hereinafter referred to as “Guest”) and prize Holding GmbH, Esplanade 41, 20354 Hamburg, Germany (hereinafter referred to as “Hotel”) for the letting of hotel rooms for accommodation purposes and for all other goods and services provided to the Guest by the Hotel (hereinafter referred to as “Hotel Accommodation Agreement”), concluded on the Hotel’s website.
    2. The contract language is German.
       
  2. Correction, conclusion of contract and storage of contract wording

    1. The choice of services presented on the Hotel’s website does not constitute a binding offer, but is merely an invitation to the Guest to submit an offer.
    2. The filling in and transmitting of the booking form does not constitute the conclusion of a Hotel Accommodation Agreement between the Guest and the Hotel. The Guest submits a binding offer to conclude a Hotel Accommodation Agreement by clicking on the “book now with obligation to pay” button in the final step of the booking process after filling in the booking form.
    3. During the entire booking process, the Guest can correct or delete his/her entries by navigating with the keyboard and mouse as usual.
    4. The accommodation agreement is concluded if the Guest receives a booking confirmation by e-mail immediately - however within two working days at the latest - after sending off the booking.
    5. The booking confirmation contains the wording of the contract as well as a link to the Hotel’s currently valid General Terms and Conditions of Business. The wording of the contract shall be stored by the Hotel for a limited period of time and, for security reasons, will no longer be accessible on the Internet after the booking has been made. Tax and/or commercial law provisions shall remain unaffected by section 2.
       
  3. Services, prices and payment terms

    1. The Hotel shall be obligated to hold available the rooms booked by the Guest and to provide the agreed services.
    2. The Guest shall be obligated to pay the agreed or applicable prices of the Hotel for the letting of the room and for any other services used. This shall also apply to services commissioned directly by the Guest or through the Hotel, which are provided by third parties and paid in advance by the Hotel.
    3. If, during the booking process, the Guest has the option of making special requests that are not covered by contract, these shall be of an unbinding nature in all cases. The Guest shall not be entitled to demand that the Hotel comply with these non-contractual special requests.
    4. All prices listed include applicable statutory VAT and, where appropriate, also include culture tax (bed tax). Public taxes, such as spa taxes or similar, are not included in the prices. These are to be paid additionally by the Guest and his/her fellow travellers at the Hotel according to the local tariffs.
    5. The agreed price is due and payable upon provision of the service, however on the day of departure at the latest. The Guest may pay the bill at the Hotel.
    6. The Hotel shall be entitled to demand a reasonable advance payment of up to 25% of the agreed price or a security deposit in the form of a credit card guarantee or an initial payment of up to 25% of the agreed price from the Guest directly at the Hotel. The amount of the advance payment and the due date shall be agreed in the contract in writing. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package holidays.
    7. Package deals, special offers, price reductions or other reductions cannot be combined as a general rule. Corporate rates for specific persons may not be transferred to third parties.
    8. Hotel bills without due dates are payable within 10 days upon receipt of bill. The Hotel may demand the immediate payment of any due receivables from the Guest at any time. In the event of default in payment, the Hotel shall be entitled to demand default interest in the amount of five percentage points above the currently applicable base interest rate or, in case of legal transactions not involving a consumer, in the amount of eight percentage points above the currently applicable base interest rate.
    9. In cases of default in payment on the part of the Guest or extension of the scope of contract, the Hotel shall be entitled, even after the conclusion of the contract up to the commencement of the Guest’s stay, to demand an advance payment or security deposit within the meaning of paragraph 3.6. above or an increase of the advance payment or security deposit agreed in the contract up to the full amount agreed upon.
       
  4. Cancellation by the Guest (cancellation of booking, withdrawal) or no show

    1. If the Guest cancels the trip or fails to appear on the date of arrival, the Hotel shall be entitled to re-let the room not used by the Guest.
    2. Where a date for a withdrawal from the contract at no cost has been agreed in writing between the Hotel and the Guest, the latter may withdraw from the contract up to that date without incurring pecuniary claims or claims for damages on the part of the Hotel. The Guest’s right of withdrawal at no cost shall expire if he/she does not exercise his/her right to withdrawal by informing the Hotel accordingly in writing by the agreed date. From this moment, the Guest shall only be entitled to withdraw from the contract in accordance with the statutory provisions.
    3. If no right of withdrawal has been agreed or if such has already expired, there shall be no statutory right of withdrawal or cancellation and, if the Hotel does not agree to a rescission of the contract, the Hotel shall retain its entitlement to the agreed compensation despite the fact that the Guest did not make use of the service. With regard to rooms not used by the Guest, which the Hotel was able to re-let, the Hotel shall deduct the income generated from re-letting the room as well as any expenses saved from any claims against the Guest.
    4. If the room is not re-let, the Hotel may claim a lump sum withdrawal fee instead of a precisely calculated amount of compensation from the Guest. This is calculated on the basis of the contractually agreed remuneration minus lump-sum expenses. In this case, the Guest shall be obligated to pay the following lump sums:
      1. For overnight accommodation with or without breakfast and package deals with third-party services: 90% of the contractually agreed price,
      2. for half-board arrangements: 70% and
      3. for full-board arrangements: 60%.
    5. The Guest shall be at liberty to prove that the claim referred to in paragraphs 4.3. and 4.4. either did not arise at all or did not arise in the amount claimed.
    6. We strongly recommend taking out travel cancellation insurance.
       
  5. Cancellation on the part of the Hotel

    The Hotel shall be entitled to withdraw from the contract for objectively justifiable reasons, particularly in cases where:

    1. the Guest fails to provide an agreed and due service, even after the expiration of a reasonable period of grace set by the Hotel;
    2. rooms are intentionally reserved under misleading or false details with regard to the identity of the Guest, and the Hotel suffers material damages as a result of this conduct.
       
  6. Room availability and use

    1. The rooms made available are intended for accommodation purposes only.
    2. The sub-letting of the let rooms and the use of such for purposes other than accommodation shall require the prior written consent of the Hotel, whereby Section 540(1)2 BGB (German Civil Code) shall be waived insofar as the Guest is not a consumer.
    3. The Guest shall not be entitled to the use of specific rooms, unless separately agreed.
    4. Reserved rooms shall be available to the Guest from 3 pm, unless otherwise agreed. The Guest shall not be entitled to earlier availability.
    5. On the agreed date of departure, the rooms must be vacated by 12 noon at the latest, unless otherwise agreed. After that time, due to the delay in vacating the room, the Hotel may charge the following fees for use beyond the scope of the contract: 50% of the full accommodation rate (list price) for use of the room up until 6 pm, and 90% after 6 pm. This shall not give rise to any contractual claims on the part of the Guest.
    6. The Guest shall be at liberty to prove that the hotel is not entitled to charge the fees stated in paragraph 6.5. or only to charge a lower fee.
       
  7. Liability

    1. Liability on the part of the Hotel shall be in accordance with statutory regulations. Sections 701 et seq. BGB shall apply for items brought into the Hotel by the Guest. The Hotel recommends making use of the hotel or room safe, if available.
    2. Within the limits of his/her statutory duty to avert, minimise or mitigate loss, the Guest shall be obligated to take reasonable action to remedy disruptions and to keep any possible damage to a minimum, and to inform the Hotel without delay of any such disruptions and/or damage.
       
  8. Data privacy

    1. Data privacy is subject to the regulations of the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). The Guest’s personal data may be collected, stored and processed for the purposes of executing the contract. Personal data shall only be used for executing the contract according to the terms of the contract. The Guest declares that he/she agrees to his/her personal data being used for the aforementioned purposes.
    2. The separate data privacy regulations, which can be viewed on the Hotel’s website, shall apply in all other respects.
       
  9. Information pursuant to Section 36 Para. 1 No. 1 of the German Consumer Dispute Resolution Act (VSBG)

    1. We endeavour to settle amicably any differences of opinion arising from our contractual relationships with consumers. Our customers can therefore address any complaints they may have to info(at)prizeotel.com. The limitation period of any claims shall be suspended for the duration of this procedure. If no agreement is reached, the parties shall – without a prior attempt at arbitration with a state-recognized body – be entitled to recourse to courts of law.
       
  10. Final provisions and place of jurisdiction

    1. All legal relationships between the Guest and the hotel shall be subject exclusively to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Sentence 1 shall only apply for consumers insofar as the protection awarded by mandatory legal regulations in the country in which the consumer has his/her usual place of residence is not compromised by the choice of law.
    2. Insofar as the Guest is a merchant, a legal entity under public law or a special fund under public law, exclusive place of jurisdiction for all disputes arising from this contract shall be the Hotel’s registered place of business. This shall also apply if the Guest has no general place of jurisdiction in Germany or his/her domicile or usual place of residence is unknown at the time the action is brought.
    3. No ancillary agreements to this contract exist. Any alterations or amendments to the contract must be made in writing (e-mail shall suffice).
    4. Should individual provisions be legally ineffective or unenforceable either in whole or in part, or become legally ineffective or unenforceable at a later date, this shall not affect the validity of the remaining provisions. The ineffective or unenforceable provision shall be replaced by the statutory regulation.

for bookings on the website of prize Holding GmbH for hotels operated by prize Schweiz GmbH (prizeotel Bern-City):

  1. General provisions

    1. These General Terms and Conditions apply to all contracts concluded between the Guest and prize Schweiz GmbH, c/o Hotellerie Suisse, Monbijoustrasse 130, 3007 Bern, Switzerland (hereinafter referred to as "Hotel") for the rental of hotel rooms for accommodation and for all other services and deliveries provided by the Hotel to the Guest (hereinafter referred to as "Hotel Accommodation Contract"). 
    2. The AGB apply exclusively. The guest's terms and conditions shall only apply if this has been expressly agreed in advance and confirmed by the hotel at least in text form (e.g. by e-mail).
    3. The contract language is German.
    4. "Consumers" are natural persons who enter into legal transactions for purposes which are predominantly not attributable to their commercial or self-employed professional activity.
       
  2. CONTRACTUAL PARTNER AND CONCLUSION OF CONTRACT

    1. The contractual partners are the guest and the hotel.

    2. The contract for the rental of rooms, event rooms & areas as well as the purchase of other services shall be concluded by the hotel's acceptance of the guest's application. The selection of services presented on the hotel's website does not constitute a binding contractual offer by the hotel, but merely an invitation by the guest to submit an offer. Filling out and sending the booking form does not constitute a hotel accommodation contract between the Guest and the Hotel. The Guest makes a binding offer to conclude a hotel accommodation contract by clicking on the "Book for a fee" button in the last booking step after completing the booking form. During the entire booking process, the guest can correct or delete his entries using the usual PC and browser functions (e.g. "Back" function of the browser). The hotel accommodation contract is concluded when a booking confirmation is sent to the guest by e-mail immediately - at the latest within two working days - after the booking has been sent.

    3. The contract text is stored by the hotel for a limited period of time and can no longer be retrieved via the Internet after booking for security reasons. This shall not affect any mandatory tax or commercial storage regulations.
    4. Changes to the contract shall only become binding for the hotel upon (written) confirmation. Unilateral changes or additions to the contract by the guest are invalid. The subletting and subletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.

  3. SERVICES, PRICES, TERMS OF PAYMENT

    1. The hotel is obliged to keep the rooms booked by the guest available and to provide the agreed services.  
    2. The guest shall be obliged to pay the hotel's agreed or valid prices for the provision of rooms and the other services used by him. This shall also apply to services commissioned by the Guest directly or via the Hotel and provided by third parties and disbursed by the Hotel.
    3. If the guest has the possibility to indicate non-contractual special requests during the booking process, these are always non-binding. The Guest has no claim that the Hotel will comply with these non-contractual special requests, unless there is a corresponding express confirmation.
    4. All prices are so-called total prices & are in Swiss francs (CHF), i.e. they include the statutory taxes and other levies, e.g. cultural and tourism tax, city tax. Local and public taxes owed by the guest (e.g. visitor's tax) are also included in the prices. Any increase in statutory charges after conclusion of the contract shall be borne by the guest. Price quotations in foreign currencies are approximate values and will be charged at the respective daily rate. The prices confirmed by the hotel shall apply.

    5. Invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the guest at any time. In the event of default in payment, the statutory provisions shall apply so that the hotel shall be entitled to charge the guest default interest at a rate of five percentage points above the applicable base rate or, in the case of legal transactions in which a consumer is not involved, at a rate of nine percentage points above the applicable base rate. The hotel reserves the right to prove higher damages.

    6. The hotel is entitled to demand an appropriate advance payment of up to 25% of the agreed price or a security deposit, e.g. in the form of a credit card guarantee, from the guest upon conclusion of the contract. The concrete amount of the advance payment and the payment dates shall be agreed at least in text form. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
    7. If the guest is in arrears with payment or if the scope of the contract is extended, the hotel shall be entitled to demand an advance payment or security deposit within the meaning of Clause 3.6. or an increase in the advance payment or security deposit agreed in the contract until the full agreed remuneration, even after the contract has been concluded and up to the beginning of the stay. If the advance payment or the credit card guarantee is not made in due time, the hotel may withdraw from the contract (including all service promises) immediately (without reminder) and demand the cancellation costs listed in section 4.4.1 of these GTC. The hotel shall be entitled to invoice the guest for its services at any time.
    8. Packages, special offers, discounts or other discounts cannot be combined. Personal company prices are not transferable to third parties.
    9. The guest may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
       
  4. CANCELLATION OF THE GUEST (CANCELLATION) OR NON-ARRIVAL (NO SHOW) 

    1. If the guest cancels the trip or does not appear on the day of arrival, the hotel is entitled to allocate the room not used elsewhere.
    2. If a date for free withdrawal from the contract in text form has been agreed between the hotel and the guest, the guest may withdraw from the contract until then without incurring any payment or compensation claims on the part of the hotel. The guest's right of withdrawal free of charge shall lapse if he does not exercise his right of withdrawal in text form vis-à-vis the hotel by the agreed date. From this point in time, the guest shall only be entitled to withdraw from the contract in accordance with the statutory provisions.
    3. If a right of rescission has not been agreed or has already expired, or if there is no statutory right of rescission or termination, and if the hotel does not agree to the cancellation of the contract, the hotel shall retain the right to the agreed remuneration despite the guest's failure to make use of the service. For rooms not used which the Hotel has been able to assign elsewhere, the Hotel shall charge the Guest the income from the other rental as well as the expenses saved.
    4. If the room is not rented elsewhere, the hotel has the option of claiming a cancellation fee from the guest instead of a specifically calculated compensation. This shall be calculated on the basis of the contractually agreed remuneration less lump-sum expenses. In this case, the guest is obliged to pay the following flat rates:  
      1. For overnight stays with or without breakfast as well as package arrangements with external services: 90% of the contractually agreed price,
      2. for half board: 70% and
      3. full board: 60%.
    5. The guest is at liberty to prove that the claim mentioned in Clause 4.3. and Clause 4.4. has not arisen or has not arisen in the amount asserted.
    6. The conclusion of a travel cancellation insurance policy is recommended.
       
  5. CANCELLATION OF THE HOTEL

    1. If it has been agreed that the guest can withdraw from the contract free of charge 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 booked rooms and the customer waives his right to withdraw from the contract upon request from the hotel with a reasonable deadline.
    2. The hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if:

      1. an agreed and due service of the Guest is not rendered even after expiry of a reasonable grace period set by the Hotel. 
      2. The hotel's rooms are intentionally booked with misleading or false statements of material facts in the person of the guest and the hotel has suffered material damage as a result of this conduct.
      3. there is a violation of Section 6.2 of these General Terms and Conditions.
      4. Force majeure or other circumstances for which the hotel is not responsible which make the fulfilment of the contract objectively impossible.
      5. the hotel has good reason to believe that the use of the agreed services may impair the smooth running of the business, the safety of other hotel guests or the reputation of the hotel;
       
  6. Room provision and use

    1. The rooms provided are intended exclusively for accommodation purposes. The subletting or subletting of the rooms made available and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 Paragraph 1 Sentence 2 BGB is waived unless the guest is a consumer.
    2. The guest has no claim to the use of certain rooms, unless agreed separately.
    3. Booked rooms are available to the guest from 15:00 hours, unless otherwise agreed in individual cases. The guest is not entitled to earlier availability.
    4. On the agreed departure day, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest, unless otherwise agreed in individual cases. Thereafter, the hotel shall be entitled to charge 50% of the full lodging price (list price) until 3 p.m. and 100% after 3 p.m. due to the delayed evacuation of the room for its use in excess of the contract. Contractual claims of the guest are not substantiated by this. The Guest is free to prove that the Hotel has no or a lower claim to usage fees.
    5. Smoking is strictly forbidden in the hotel. Smoking on the hotel premises is only permitted within the designated areas. The hotel reserves the right to charge the guest the amount required for cleaning and restoring the room in the event of a violation of the smoking ban for which the guest is responsible. This may also include the hotel's loss of profit if the room cannot be rented elsewhere during the repair. In the event that the Guest dismantles, damages or intentionally makes functional the smoke detectors installed for fire protection purposes, the Hotel reserves the right to charge the Guest the costs incurred by the Hotel for the repair of the smoke detector(s).
    6. The hotel reserves the right to claim compensation from the guest for any destruction, damage, contamination or other significant reduction in the usability of the equipment in the design room and on the hotel premises for the damage caused by the guest. 
       
  7. PROCESSING OF EVENTS

    1. Insofar as the hotel procures technical and other facilities for the guest from third parties at the guest's instigation, it shall act at the guest's expense. 

      The Guest shall be liable for the careful handling and proper return of the facilities. The Guest shall indemnify the Hotel against all claims by third parties arising from the provision of these facilities.

      The use of the Guest's own electrical systems and equipment using the Hotel's electricity network requires the prior written consent of the Hotel. Any malfunctions or damage to the hotel's technical equipment caused by the use of these devices and systems shall be at the guest's expense unless the hotel itself is responsible for such malfunctions or damage. The Hotel shall be entitled to charge a flat rate for the electricity costs incurred through the use of the electrical systems and equipment.

      With the consent of the hotel, the guest is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge connection fees (see separate list). 

      Malfunctions in technical or other equipment provided by the Hotel shall be remedied immediately upon notification by the Guest. Insofar as the hotel is not responsible for the malfunctions, no claims for performance shall be reduced or liability established as a result of the malfunctions.

    2. The guest must obtain at his own expense all official permits that may be necessary for the execution of the event. He shall be responsible for complying with the permits and all other public-law regulations in connection with the event. Fines for a violation of the permits are to be paid by the guest.

      The guest is responsible for handling the formalities and accounts required in connection with music performance and sound reinforcement with the responsible institutions (e.g. SUISA).

    3. Any exhibition objects or other personal items brought along are at the guest's risk in the event rooms or on the hotel premises. The hotel shall not be responsible for guarding or storing such items. The hotel accepts no liability for the loss, destruction or damage of the items brought in, except in the case of gross negligence or intent on the part of the hotel. The Guest shall be responsible for insuring any items brought along.

      Decorative material brought along by the Guest must comply with the requirements of the fire department. The hotel is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be agreed in advance with the hotel.

    4. The exhibition or other items brought in must be removed immediately after the end of the event. The hotel is entitled to remove and/or store any objects left behind at the guest's expense. If the removal involves disproportionately high expenditure, the hotel may leave the objects in the event room and charge the guest the usual room rent for the duration of the removal. 

      Packaging material (cardboard, crates, plastic, etc.) which arises in connection with the delivery of the event by the guest or third parties must be disposed of by the guest. Should the Guest leave packaging material at the Hotel, the Hotel shall be entitled to dispose of it at the expense of the Guest.

    liability

    1. The liability of the hotel shall be governed by the statutory provisions. For items brought in by the guest, §§ 701 et seq. apply. BGB (GERMAN CIVIL CODE). The hotel recommends to the guest, if available, the use of the hotel safe or room safe.
    2. Within the scope of his statutory duty to mitigate damage, the guest is obliged to make reasonable contributions in order to remedy faults and keep possible damage to a minimum, and to notify the hotel immediately of any faults or damage.
       
  8. data protection

    1. Data protection is subject to the provisions of the Federal Data Protection Act (BDSG) and Telemedia Act (TMG). The collection, storage and processing of the guest's personal data may be necessary for the execution of the contract. Personal data will only be used for the intended execution of the contract. The guest agrees to the use of his personal data for the aforementioned purposes.

    2. In all other respects, the separate data protection provisions apply, which can be accessed via the hotel's website.
       
  9. dispute settlement

    1. The Hotel shall endeavour to settle any differences of opinion arising from consumer contracts by mutual agreement. The guest can therefore contact info(at)prizeotel.com with any complaints. The limitation of any claims is excluded for the duration of this procedure.
    2. If no agreement can be reached there, legal recourse is open - without a prior attempt at conciliation with a state-recognised body.
       
  10. Final provisions and place of jurisdiction

    1. All legal relationships between the guest and the hotel shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions. Sentence 1 shall only apply to consumers to the extent that the choice of law does not undermine the protection of mandatory legal provisions of the state in which the guest has his habitual residence.
    2. If the guest is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the hotel. The same applies if the guest does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is not known at the time the action is filed.
    3. Amendments and supplements to the contract, the acceptance of the application or these GTC require text form (e.g. sufficient e-mail). Unilateral changes or additions by the guest are ineffective.
    4. Should individual provisions not be legally effective or impracticable in whole or in part, or should they lose their legal validity or practicability later, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by the statutory provisions.