General Terms and Conditions

I. Scope of application
1. these terms and conditions were made known to the customer before booking and apply to all contracts for the temporary provision of flats for accommodation as well as all other services and deliveries of the Hotel Ostseeländer that may be provided to the customer.
2. the subletting or re-letting of the flats provided and the use of these for purposes other than accommodation require the prior written consent of the Hotel Ostseeländer, i.e. the operator Pommerscher Diakonieverein e.V.. § Section 540 (1) sentence 2 BGB does not apply.
3. the customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
4 In addition, the additional conditions agreed in writing when the contract is concluded shall apply.

II. Conclusion of contract, contract partner; limitation period
1. the contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in writing.
2. the contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract. Irrespective of this, each ordering party is obliged to forward all information relevant to the booking, in particular the General Terms and Conditions, to the customer.
3. the limitation period for all claims of the customer is 6 months. This shall also apply in favour of the hotel in the event of a breach of obligations during the initiation of the contract.
4. the customer and orderer are obliged to inform the hotel in text form without being asked before conclusion of the contract if the use of the hotel service is likely to jeopardise the smooth running of the business, the security or the reputation of the hotel in public (e.g. due to known right-wing extremist, racist, anti-Semitic or anti-democratic statements by the customer). If the information is not provided and the contract is concluded, the hotel is entitled to cancellation in accordance with Section V.

III Services, prices, payment
1. the hotel is obliged to keep the flats booked by the customer available and to provide the agreed services.
2. the customer is obliged to pay the prices applicable or agreed or normally charged by the hotel for the provision of the flat and/or the other services utilised by him. This also applies to deliveries, services and expenses (including ancillary services such as catering, cleaning, telephone calls, etc.) used by those accommodated in the hotel on the basis of this contract and/or in connection with the contractual accommodation of guests, visitors, etc. of those accommodated.
3 The agreed prices include the respective statutory value added tax. If there are more than four months between the conclusion and fulfilment of the contract and the statutory value added tax changes during this period, the prices shall be adjusted accordingly. If the value added tax changes on the day of performance, the prices shall change accordingly.
agreed prices accordingly; the hotel is entitled to charge the increase in VAT.
4. if the period between the conclusion and fulfilment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 5%. For each additional year between the conclusion and fulfilment of the contract beyond the four months, the upper limit shall be increased by a further 5%. Price changes according to number 3 remain unaffected.
5. the prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the duration of the guests' stay and the hotel agrees to this.
6 Unless otherwise agreed, the hotel's invoices are payable immediately and without deduction. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest. All other costs incurred in the context of debt collection shall be borne by the customer. The customer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
7. the hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates may be specified in the
8. hotel accommodation contract must be agreed in writing. Furthermore, the hotel is entitled to demand immediate payment of any outstanding amounts accrued during the customer's stay at the hotel by issuing an interim invoice.
9. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
10. pets may only be brought along with the prior consent of the hotel and, if necessary, for a fee.
11. the hotel reserves the right to charge a ventilation fee of € 150.00 incl. VAT if the smoking ban in the flats is disregarded.
12. the hotel reserves the right to request a security deposit from the customer and/or a reservation on the customer's credit card. The amount depends, among other things, on the length of stay. At the end of the stay, the deposit/reservation will either be offset against any outstanding amounts owed by the customer or paid out again. The credit card reservation, if not converted into a payment, generally expires after an average of 14 days. Depending on the card-issuing bank, this may be earlier or later.
13. if the hotel is unable to fulfil its contractually agreed service, the customer must give it the opportunity to seek a replacement.

IV. Withdrawal / cancellation by the customer
1. the customer's cancellation of the contract concluded with the hotel requires the hotel's written consent. If any right of cancellation has not been exercised within the agreed period, it shall lapse upon expiry of the period and the contract shall remain fully effective with the consequence that the customer must pay the agreed consideration even if he does not make use of the goods and services ordered.
2. if and to the extent that the customer does not make use of the rooms ordered, the hotel shall offset the proceeds from renting the rooms to other parties as well as any expenses saved. The hotel is at liberty to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.
3. the customer is not entitled to withdraw from the contract extraordinarily if force majeure, in particular Covid-19, makes the fulfilment of the contract impossible or unreasonably difficult for the customer.
4. cancellation conditions:
5. from 2 to 6 nights: Cancellation free of charge up to 48 hours before arrival. In the event of late cancellation, early departure or no-show, the agreed rate/rent will be charged at 100 %.
6. from 7 to 28 nights: Cancellation free of charge up to 7 days before arrival. In the event of late cancellation, early departure or no-show, the agreed rate/rent will be charged at 100 %.
7. 29 nights or more: Cancellation free of charge up to 14 days before arrival. After that a payment for 28 nights will be charged according to the agreed rate/rent. The same applies to no-shows or early departures.

V. Cancellation by the hotel
1. if and insofar as a right of cancellation free of charge has been agreed in writing in favour of the customer, the hotel shall be entitled for its part to withdraw from the contract within the period agreed for exercising the right of cancellation if the hotel receives enquiries from third parties regarding the rooms ordered by the customer and the customer does not waive the right of cancellation granted to him upon enquiry by the hotel and notification of such circumstances. This applies accordingly if an option is granted, if other enquiries are received and the customer is not prepared to make a firm booking within a period set by the hotel upon enquiry by the hotel. In this case, a firm booking means that a hotel accommodation contract is concluded from this day onwards and the originally agreed free cancellation period is suspended.
2. if and to the extent that advance payment has been agreed with the customer and the customer fails to make such payment within a reasonable grace period set by the hotel with a warning of refusal, the hotel shall be entitled, at its discretion, to withdraw from the contract or to claim damages for non-performance. Clause IV.2) applies accordingly to the assessment of damages.
3. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
a) force majeure or other circumstances for which the hotel is not responsible make the fulfilment of the contract impossible or unreasonably difficult for the hotel,
b) hotel services are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose;
c) the hotel has justified cause to believe that the use of the hotel's services may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel's sphere of control or organisation; or
d) there is a breach of clause I No. 2 above (unauthorised subletting or misappropriation).
4. the hotel may also withdraw from the contract if the hotel becomes aware that the financial circumstances of the contracting party have deteriorated significantly after conclusion of the contract, in particular if the customer does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be jeopardised. This is particularly the case if
a) the customer has filed an application for the opening of insolvency proceedings, has initiated extrajudicial debt settlement proceedings or has suspended payments, or
b) insolvency proceedings are opened or the opening of such proceedings is refused for lack of assets or for other reasons.
5. if, after the contract has been signed, circumstances become known which, in the opinion of the hotel, cast doubt on the customer's creditworthiness, the hotel shall be entitled to withdraw from the contract or to provide the agreed services only against advance payment or provision of security.
6. should the hotel have a claim for damages against the customer in the event of cancellation in accordance with numbers 2, 3, 4 and 5 above, the hotel may make a flat-rate claim. Clause IV 2 sentences 2 and 3 apply accordingly in this case.
7 In the event of justified cancellation by the hotel, the customer shall not be entitled to compensation.

VI Room provision, handover and return
1. the customer shall not be entitled to the provision of specific rooms unless this has been expressly agreed in writing in the hotel accommodation contract.
2. booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability. Unless a later arrival time has been expressly agreed or the room in question has been prepaid, the hotel has the right to allocate booked rooms to other guests after 6.00 p.m. on the day of arrival without the customer being able to derive a claim against the hotel from this. Claims of the hotel under clause IV remain unaffected by this provision.
3. on the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. If the customer does not ensure that the rooms are available at this time by vacating and releasing the room, the hotel may demand the full list price for the remaining day. Further claims for damages by the hotel remain unaffected by the payment of the room rate. If the hotel has to accommodate guests in another hotel due to late vacating, the customer shall bear all costs incurred for this. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.
4. if the hotel is unable to fulfil its contractually agreed service, the customer must give it the opportunity to seek a replacement.

VII Defects, liability of the hotel
1. the hotel shall be liable with the diligence of a prudent businessman for its obligations arising from the
2. hotel accommodation contract. Claims for damages by the customer are excluded. Excluded from this are damages resulting from culpable injury to life, limb or health as well as such damages that are based on an intentional or grossly negligent breach of duty by the hotel and damages that are based on an intentional or negligent breach of typical contractual obligations by the hotel. Room safes and/or lockers for money, securities, valuables etc. are available free of charge at reception. Should disruptions or defects in the hotel's services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damages. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.
3. items left behind by guests will only be forwarded at the request, risk and expense of the customer concerned. The hotel shall store the items for a reasonable period of time.
4. insofar as the customer is provided with a parking space in a hotel car park, even for a fee
If a vehicle is made available on the hotel premises, this does not constitute a safekeeping contract. The hotel shall not be liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel property or for their contents. The hotel is not obliged to monitor the vehicle. Any damage must be reported to the hotel immediately. Number 1 above applies accordingly.
5. wake-up calls are carried out by the hotel with the usual care. No liability is assumed. Number 1 above applies accordingly.
6. messages, mail and consignments of goods for the guests shall be handled with customary care. The hotel will deliver, store and - upon express request and for a fee - forward such items. No liability is assumed. Number 1 above applies accordingly.
7. internet use: The hotel is not liable for claims that could arise from the use and further utilisation of internet content (e.g. copyrighted content) by guests/customers. In the event of a claim being made against the hotel, the hotel reserves the right to transmit the customer data of the infringer to the claimant.

VIII. OBLIGATIONS OF THE ORDERER/CUSTOMER; LIABILITY
1. the customer undertakes to treat the flat and its fixtures and fittings with all due care and to operate electrical appliances properly. The customer shall be liable to pay compensation for culpable damage to furnishings, equipment or the building or facilities belonging to the building if and to the extent that such damage was culpably caused by the customer or the customer's travelling companions or visitors.
2. the customer must immediately notify the hotel or a contact point designated by the hotel (colleagues at Café Lichtblick, Markt 23/24, Greifwald) of any damage occurring in the booked flats, unless he is obliged to remedy the damage himself. The customer shall be liable to pay compensation for any consequential damage caused by failure to notify the hotel in good time.
3. the customer must ensure that the flat is adequately ventilated.
4. waste, ash, harmful liquids and the like must not be thrown or poured into sinks/washbasins, sinks and toilets. If blockages occur in the waste water pipes due to non-compliance with these regulations, the person responsible shall bear the costs of repair.
5. in the event of any malfunctions in the systems and facilities of the rental property, the Customer shall be obliged to do everything reasonable to contribute to the rectification of the malfunction or to minimise any damage that may occur. The Customer shall be obliged to inform DA Downtown Berlin GmbH immediately of any defects in the rental object. If the Customer fails to do so, he shall not be entitled to any claims for non-fulfilment of the contractual services (in particular no claims for rent reduction).
6 The customer shall be liable for all damage to the equipment, fixtures and fittings culpably caused by him or persons attributable to him or caused by culpable breach of his duty of care.
7 If the ordering party and the contractual partner (customer) are not identical, the following shall apply: The ordering party and the customer shall be jointly and severally liable for any costs incurred and any damage caused by persons (including themselves) and/or animals and/or objects that have gained access to the hotel or have been brought into the hotel at the general or specific instigation of the ordering party or customer.

IX. Final provisions
1. verbal collateral agreements are only binding if confirmed in writing. Amendments or additions to the hotel accommodation contract or this clause, the acceptance of the application or these terms and conditions for hotel accommodation must be made in writing. Unilateral amendments or additions by the customer are invalid.
2. the place of fulfilment and payment for all mutual obligations is the registered office of the hotel.
3. the exclusive place of jurisdiction - also for disputes relating to cheques and bills of exchange - in commercial transactions shall be the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the hotel's registered office (whereby the hotel is also entitled, at its discretion, to bring an action at the customer's general place of jurisdiction abroad).
4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. should individual provisions of the contract for the rental of hotel rooms and/or these terms and conditions
6. general terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions. In this case, the parties shall agree on a new provision that comes as close as possible to the meaning of the invalid provision. In all other respects, the statutory provisions shall apply.
7. the agreements made in the respective contracts shall apply primarily; in addition, the General Terms and Conditions shall apply.