Terms and Conditions
Terms and Conditions
Hotel Engel Schlichting Hotel GmbH, Niendorfer Straße 59, 22529 Hamburg, Germany.
The accommodation agreement becomes effective upon acceptance by the Hotel. The Hotel can choose to confirm the Client's reservation by letter, phone, fax, or email. If the Hotel chooses to be respond by email, the Client agrees that the email will not necessarily be encrypted. The Client has the right to withdraw consent and to insist on a confirmation letter or fax. By entering into the accommodation agreement, the Client is not entitled to accommodation in a particular room. This agreement is between the Hotel and the Client who made the reservation with the Hotel. The agreement is between the Hotel and the Client even if the Client has made the reservation on behalf of a third party. The Hotel shall perform the contract with due care and diligence. The Hotel shall not be held liable for damage claims by the Client. This excludes claims for damages to the life, health, and physical well-being caused by the neglect of the duty of care by the Hotel, other damages caused by an intentional or grossly negligent action on the part of the Hotel and damages arising from the intentional or negligent breach of contractual obligations on part of the Hotel. A breach of such contractual obligations by a legal representative or agent is to be treated similarly to a breach of contract by the Hotel. The Hotel endeavors to remedy any faults or deficiencies in its service, if it is brought to the attention of the staff by the Client. Should the Client fail to notify the Hotel of any such deficiencies, the Client shall not be entitled to claim a reduction in price. The Client’s claims for damages shall fall under the statute of limitations two years at the latest from the time the Client obtains knowledge of the damage, or, irrespective of this knowledge, three years at the latest after the damaging event. This shall not apply to the liability for damages arising from the injury to life or limb as well as for any other damage based on a breach of duty through willful intent or gross negligence on the part of the Hotel, a legal representative or an agent of the Hotel. The above limitation of liability and brief period of limitation apply to the Hotel's benefit even if obligations are violated during actions leading up to the contract and in case of positive violations of contractual obligations. The agreed rates include relevant and statutory value-added tax. If the period between conclusion and fulfillment of the contract exceeds three months, and if the rate generally charged by the Hotel for such services increases, then the Hotel may raise the rate agreed by contract to a reasonable extent, but not by more than ten percent. Hotel bills bearing no settlement date have to be paid in full within ten days of receipt. At any time, the Hotel is entitled to call in accruing amounts owed and to insist upon immediate payment. The Hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and its due date may be agreed in the contract in writing. The Client shall be entitled to a set-off or a reduction as against a claim of the Hotel with only undisputed or unappealable legally binding claims. If rooms are not used by the Client, the Hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses. The Hotel's payment claim remains unaffected. At its own discretion, the Hotel may require flat-rate compensation from the Client for damages incurred. Then the Client is obligated to pay 80% of the contractually agreed rate. The Client is at liberty to prove that no damages were incurred or that the damages incurred by the Hotel were lower than the flat-rate amount charged. Moreover, the Hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if force majeure or other circumstances for which the Hotel is not responsible make it impossible to fulfill the contract; if rooms are reserved with misleading or false information regarding material facts, such as the identity of the Client or the purpose; or if the Hotel has justified cause to believe that use of the Hotel’s services might jeopardize the smooth operation of the Hotel, its security or reputation, without being attributable to the Hotel’s sphere of control or organization The Hotel must immediately notify the Client of its right of rescission. The Client cannot derive any claim for compensation from justified rescission by the Hotel. Reserved rooms are available to the Client starting at 3:00 p.m. on the agreed arrival date. The Client does not have the right to earlier availability. Rooms must be vacated and made available to the Hotel no later than 12:00 noon on the agreed departure date. After that, the Hotel may charge 50% of the full accommodation rate in addition to damages so incurred for the additional use of the room until 6:00 p.m. and 100% after 6:00 p.m. The Client is at liberty to prove to the Hotel that it incurred no or much lesser damages. Unless a later time of arrival has expressly been agreed, the Hotel shall have the right to place, after 6:00 p.m., the booked rooms with other guests, without the Client being able to claim any compensation as a result thereof. In so far, the Hotel is entitled to rescission. The Hotel is liable to the Client for property brought in to the Hotel in accordance with the statutory provisions. Cash and valuables up to a maximum value of EUR 770 (amount insured) may be stored in the in-room safe. The Hotel recommends that the Client use the available in-room safe. Insofar as a parking space is provided to the Client in the hotel car park or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is charged. The Hotel assumes no liability for loss of or damage to motor vehicles parked or maneuvered on the Hotel’s property, nor the contents thereof, excepting cases of intent or gross negligence. In this case, the damage must be claimed with the Hotel on departure from the Hotel's premises at the latest. Wake-up calls are carried out by the Hotel with the greatest possible diligence. The Hotel is not liable for any damages; except in cases of gross negligence or intent. Messages, mail, and merchandise deliveries for guests are handled with care. The Hotel will deliver, hold, and, for a fee, forward such items upon request. The Hotel is not liable for any damages; except in cases of gross negligence or intent. Changes or amendments to the accommodation contract shall be made in writing. This also applies to a possible revocation of this written form. Place of performance and place of payment is the Hotel’s registered office. Should individual provisions of these terms and conditions be or become null and void, the validity of the remaining provisions shall remain unaffected thereby. In this case the contracting parties are obligated to replace a null and void provision by a relevant and effective provision to the benefit of the economic purpose of the parties.
These terms and conditions were translated for the convenience of the reader. The terms and conditions specified in the original German version are legally binding.