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.
The contract language is German.
Correction, conclusion of contract and storage of contract wording
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.
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.
During the entire booking process, the Guest can correct or delete his/her entries by navigating with the keyboard and mouse as usual.
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.
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.
Services, prices and payment terms
The Hotel shall be obligated to hold available the rooms booked by the Guest and to provide the agreed services.
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.
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.
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.
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.
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.
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.
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.
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.
Cancellation by the Guest (cancellation of booking, withdrawal) or no show
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.
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.
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.
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:
For overnight accommodation with or without breakfast and package deals with third-party services: 90% of the contractually agreed price,
for half-board arrangements: 70% and
for full-board arrangements: 60%.
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.
We strongly recommend taking out travel cancellation insurance.
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:
the Guest fails to provide an agreed and due service, even after the expiration of a reasonable period of grace set by the Hotel;
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.
Room availability and use
The rooms made available are intended for accommodation purposes only.
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.
The Guest shall not be entitled to the use of specific rooms, unless separately agreed.
Reserved rooms shall be available to the Guest from 3 pm, unless otherwise agreed. The Guest shall not be entitled to earlier availability.
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.
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.
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.
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.
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.
The separate data privacy regulations, which can be viewed on the Hotel’s website, shall apply in all other respects.
Information pursuant to Section 36 Para. 1 No. 1 of the German Consumer Dispute Resolution Act (VSBG)
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.
Final provisions and place of jurisdiction
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.
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.
No ancillary agreements to this contract exist. Any alterations or amendments to the contract must be made in writing (e-mail shall suffice).
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.