Hotel C&S

General Terms and Conditions of C&S Hotel

I. Scope of Application

  1. These General Terms and Conditions apply to all contracts concerning the provision of hotel rooms for accommodation purposes and to all related hotel services.
  2. They apply exclusively. Any conflicting or deviating terms and conditions of the customer shall not be recognised unless the hotel has expressly agreed to their application in text form in advance.
  3. For bookings made through intermediaries or booking platforms, the booking, payment and cancellation conditions displayed to the customer at the time of booking shall apply in addition. Expressly agreed deviating conditions, particularly those relating to non-refundable or discounted rates, shall take precedence over these General Terms and Conditions.

II. Conclusion of Contract and Contracting Parties

  1. The contract is concluded when the hotel accepts the customer's offer and confirms the booking in text form or expressly by telephone. An automatically generated acknowledgement of receipt shall constitute acceptance only if this is clearly evident from its content.
  2. The contracting parties are the hotel and the customer making the booking. If another person uses the hotel services, the customer making the booking shall be liable for the contractual obligations to the extent agreed or permitted by law.
  3. When making the booking, the customer must provide complete and accurate information about themselves, accompanying guests and the purpose of the stay.

III. Services, Prices, Payment and Booking Guarantee

  1. The hotel is obliged to keep the booked rooms available and to provide the agreed services. Unless expressly agreed otherwise, the customer has no entitlement to a specific room.
  2. The customer is obliged to pay the agreed prices for the room and for any additional services used or requested by the customer. This also applies to services and expenses paid by the hotel to third parties at the customer's request.
  3. The agreed prices include the applicable statutory value added tax. If the statutory rate changes after conclusion of the contract, the rate prescribed by law at the time the service is provided shall apply.
  4. If more than four months pass between conclusion and performance of the contract and the hotel's generally applicable price for comparable services increases, the hotel may reasonably increase the agreed price by no more than 10%. In this event, the customer is entitled to withdraw from the contract.
  5. The hotel may make a binding reservation conditional upon an appropriate deposit, advance payment, credit-card guarantee or other security. Appropriate security may also be requested after conclusion of the contract, particularly where there are justified doubts about the customer's ability to pay.
  6. The invoice amount is due no later than upon departure unless an earlier payment date has been agreed or specified by the hotel. Requested deposits and advance payments must be made within the period stated by the hotel.
  7. For stays of more than one week or where services worth more than EUR 1,000.00 have already been provided, the hotel may issue appropriate interim invoices that are due for immediate payment.
  8. If payment is overdue, the hotel may suspend further or future services after issuing a reminder, setting a reasonable payment deadline and giving corresponding notice. The hotel's statutory rights remain unaffected.
  9. If the booking is guaranteed by a credit card, the card must be valid and have sufficient available funds. The hotel is entitled to verify or pre-authorise the card. If the card is declined, blocked or cannot be authorised, the hotel may request another valid payment method or security within a reasonable period. If this is not provided in time, the hotel may withdraw from the contract and release the room.
  10. The hotel may decide in each individual case which means of payment or credit cards it accepts. Cheques, credit cards and other payment methods are accepted only on account of performance; the claim is discharged only when the funds have been finally credited.

IV. Set-Off and Right of Retention

  1. The customer may set off claims against the hotel's claims only where the customer's counterclaims have been legally established, are undisputed or have been acknowledged by the hotel.
  2. The customer may exercise a right of retention only where the counterclaim arises from the same contractual relationship.

V. Withdrawal and Termination for Good Cause by the Hotel

  1. If the customer has been granted a right to cancel free of charge within a limited period, the hotel is also entitled to withdraw from the contract during that period if other customers request the booked rooms and the customer does not waive the right to cancel when asked by the hotel.
  2. If an agreed or requested deposit, advance payment or security is not provided even after expiry of a reasonable additional period set by the hotel, the hotel may withdraw from the contract.
  3. The hotel may withdraw from the contract or terminate it for good cause where objectively justified, particularly if:
    • force majeure or other circumstances beyond the hotel's control make performance of the contract impossible;
    • material facts, particularly the customer's identity, the number of guests or the purpose of the stay, were stated incorrectly or misleadingly when the booking was made;
    • there are reasonable grounds to believe that use of the hotel services could seriously jeopardise orderly business operations, safety, other guests, staff or the hotel's public reputation;
    • the customer allows an unregistered third party to use the room without the hotel's consent;
    • an animal is brought into or kept at the hotel without the hotel's prior express consent;
    • despite a warning, the customer repeatedly breaches the smoking prohibition, safety rules or material hotel rules.
  4. If the hotel validly withdraws from or terminates the contract for good cause, the customer shall have no claim for damages. The hotel's claims for payment and damages remain unaffected to the extent permitted by law.

VI. Cancellation by the Customer and No-Show

  1. Unless different cancellation conditions were expressly agreed or displayed at the time of booking, the customer may cancel the booking free of charge up to three days before the agreed arrival date. Timeliness is determined by the time the hotel receives the cancellation.
  2. In the event of a later cancellation or non-arrival (no-show), the customer is obliged to pay 100% of the agreed total price.
  3. The customer remains entitled to prove that the hotel incurred no loss or a substantially lower loss. Any further statutory claims of the hotel remain unaffected.
  4. For non-refundable rates, special offers, group bookings or bookings made through intermediaries or booking platforms, the cancellation and payment conditions expressly displayed or agreed for the relevant booking shall take precedence.
  5. Cancellations must be made in text form, particularly by email. A cancellation made by telephone shall become effective only if expressly confirmed by the hotel.

VII. Room Handover, Arrival, Departure and Use by Third Parties

  1. Booked rooms are available from 3:00 p.m. on the agreed arrival date. Unless separately agreed, the customer is not entitled to earlier availability.
  2. If no later arrival time has been agreed and the room has neither been paid for in full in advance nor guaranteed by a valid credit card with sufficient funds or another accepted security, the hotel may allocate the room to another guest after 6:00 p.m. This applies particularly if the credit card provided is declined, blocked or invalid and no replacement guarantee is supplied in time. In this event, the customer shall have no claims against the hotel.
  3. On the agreed departure date, the room must be completely vacated and returned to the hotel no later than 10:00 a.m. In the event of late return, the hotel may charge 50% of the full agreed accommodation price until 12:00 noon and 100% from 12:00 noon onwards for use beyond the contractual period. The customer remains entitled to prove that no loss or a substantially lower loss was incurred. Further claims for damages by the hotel remain unaffected.
  4. Subletting or further letting of the room, or its use for purposes other than accommodation, requires the hotel's prior consent in text form. Refusal of consent does not give the customer a right to cancel.
  5. The room may be used only by the number of persons stated in the booking and confirmed by the hotel. Unregistered overnight guests are not permitted. Visitors may enter or remain in the hotel only with the hotel's consent and in compliance with the house rules.

VIII. Smoking Prohibition, Conduct and Safety

  1. Smoking is prohibited in all hotel rooms and indoor areas. This prohibition includes, in particular, cigarettes, cigars, pipes, electronic cigarettes, vaporisers and comparable products.
  2. If the smoking prohibition is breached, the hotel may charge a fixed amount of EUR 150.00 for the necessary special cleaning and odour removal. The customer remains entitled to prove that no loss or a substantially lower loss was incurred. The hotel remains entitled to prove and claim a higher loss, particularly for additional cleaning, necessary repairs or loss of use of the room.
  3. Tampering with, covering or disabling smoke detectors, fire-protection equipment or other safety equipment is strictly prohibited and may result in immediate termination of the stay and a claim for the resulting costs and damages.
  4. The customer must behave in a manner that does not disturb, harass or endanger other guests, local residents or hotel employees. Repeated serious disturbance of the peace, insults, threats or breaches of safety instructions may result in termination for good cause and removal from the hotel after an unsuccessful warning, or immediately in the event of a serious breach.

IX. Pets

  1. Pets are generally not permitted in the hotel, irrespective of the animal's size, species or breed.
  2. Animals may be brought into or temporarily kept in hotel rooms, communal areas, corridors, breakfast areas or any other hotel premises only with the hotel's prior express consent in text form.
  3. If an animal is brought into or kept at the hotel without prior consent, the hotel may refuse accommodation, terminate the contract for good cause or require the guest to leave the hotel.
  4. In this event, the hotel's claim to the agreed room price remains in force to the extent permitted by law. Further claims remain unaffected.
  5. The customer is liable under the statutory provisions for all damage, contamination, odours and other adverse effects caused by the animal. Necessary costs for special cleaning, odour removal, repair, replacement or loss of use may be charged to the customer.
  6. Recognised assistance dogs are subject to the applicable statutory provisions. Guests are requested to inform the hotel before arrival and, where legally permissible, to provide appropriate evidence upon request.

X. Customer Liability for Damage and Hotel Property

  1. Under the statutory provisions, the customer is liable for damage culpably caused to the building, rooms, furniture, textiles, technical equipment or other hotel property by the customer, accompanying guests, visitors or other persons within the customer's sphere of responsibility.
  2. Damage, severe soiling, or missing or damaged inventory must be reported to the hotel without delay. The hotel may claim the actual necessary and verifiable costs of cleaning, repair, replacement and any resulting loss of use.
  3. If keys, key cards or other means of access are lost or damaged, the hotel may claim the actual necessary replacement costs and, where required for security reasons, the cost of replacing the affected locking system.

XI. Right to Refuse Accommodation and Remove Guests

  1. The hotel may refuse access and accommodation if, based on specific circumstances upon arrival, there are reasonable grounds to believe that the customer is seriously under the influence of alcohol or drugs, endangers any person, or behaves in a grossly insulting, threatening or violent manner towards staff or other guests.
  2. The hotel may refuse accommodation if clothing or items brought into the hotel are so heavily soiled or contaminated that a specific health risk or substantial damage to or soiling of the hotel premises is to be expected.
  3. The hotel may remove a customer from the premises and terminate the contract for good cause if, despite a warning, the customer repeatedly causes a serious disturbance, harasses or insults other guests or staff, or otherwise commits a serious breach of contractual obligations. No prior warning is required in the event of a particularly serious breach.

XII. Hotel Liability and Limitation Period

  1. The hotel's strict liability under Section 536a(1) of the German Civil Code (BGB) for defects existing at the time the contract was concluded is excluded.
  2. If a parking space is provided to the customer in the hotel car park, this does not constitute a safekeeping agreement. The hotel is liable for loss of or damage to vehicles parked or moved there and their contents only in accordance with the statutory provisions and the following liability rules.
  3. The hotel is liable for property brought into the hotel in accordance with Sections 701 et seq. of the German Civil Code (BGB). Money, securities and valuables may be stored in the hotel safe where available. The hotel recommends that guests use this facility.
  4. The hotel is liable without limitation for damage resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the hotel, its legal representatives or agents, and for other damage caused intentionally or through gross negligence.
  5. In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable loss typical for this type of contract. Material contractual obligations are those whose performance is necessary for the proper performance of the contract and upon whose fulfilment the customer may normally rely.
  6. In all other respects, the hotel's liability is excluded to the extent permitted by law. Mandatory statutory liability remains unaffected.
  7. Claims against the hotel generally become time-barred within one year from the statutory commencement of the limitation period. This shortened period does not apply to claims arising from injury to life, body or health, intentional or grossly negligent breach of duty, breach of material contractual obligations, or where the law prescribes a longer mandatory period.

XIII. Final Provisions

  1. Amendments and additions to the contract should be made in text form. Individual agreements shall take precedence.
  2. The place of performance and payment is Pinneberg.
  3. If the customer is a merchant, a legal entity under public law or a special fund under public law, Pinneberg shall be the exclusive place of jurisdiction. The same applies if the customer has no general place of jurisdiction in Germany, to the extent that such an agreement on jurisdiction is permitted by law.
  4. German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. Mandatory consumer-protection provisions remain unaffected.
  5. If any provision of these General Terms and Conditions is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The statutory provisions shall apply in place of the invalid or unenforceable provision.