Terms & Conditions

The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as the reference.

1 Scope of application

1.1 These terms and conditions shall apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel to the customer in this connection (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract.

1.2 The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.

1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

2 Conclusion of contract, contracting parties, limitation period

2.1 The contracting parties are the hotel and the customer. The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in text form.

2.2 All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages are subject to a limitation period of five years depending on knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages are subject to a limitation period of ten years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3 Services, prices, payment, set-off

3.1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.

3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.

3.3 The agreed prices are inclusive of taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes that are owed by the guest according to the respective local law, such as visitor’s tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the customer’s length of stay conditional upon an increase in the price for the rooms and/or for the hotel’s other services.

3.5 Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel shall be entitled to charge the respective applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.

3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

3.7 In justified cases, for example payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of the above section 3.6 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8 Furthermore, the hotel is entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such a payment has not already been made in accordance with clause 3.6 and/or clause 3.7 above.

3.9 The customer may only set off or offset an undisputed or legally binding claim against a claim of the hotel.

4 Withdrawal of the Customer (Cancellation) / Use of the Hotel’s Services (No Show)

4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.

4.2 If a date for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilization of the service. The hotel has to take into account the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not otherwise rented out, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.

5 Withdrawal of the hotel

5.1 If it was agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline.

5.2 If an advance payment or security deposit agreed or requested pursuant to Section 3.6 and/or Section 3.7 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular if
– force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
– rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material may be the identity of the customer, the ability to pay or the purpose of the stay;
– the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or reason for the stay is unlawful;
– there is a violation of the above-mentioned clause 1.2.

5.4 The justified withdrawal of the hotel does not entitle the customer to compensation.

6 Room provision, handover and return

6.1 The customer does not acquire the right to the provision of certain rooms, unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 16:00 on the agreed day of arrival. The customer has no right to earlier provision.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50 % of the full accommodation price (list price) for the late vacating of the room for its use in excess of the contract until 3.00 p.m., and 90 % from 3.00 p.m. onwards. Contractual claims of the customer are not justified by this. He is at liberty to prove that the hotel has not incurred any or a significantly lower claim for compensation for use.

7 Liability of the hotel

7.1 The Hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause 7.
Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.

7.2 The hotel shall be liable to the customer for items brought in in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

7.3 Insofar as a parking space is made available to the customer in the hotel garage or in the hotel parking lot, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel’s property and their contents, the hotel shall be liable only in accordance with the above Section 7.1, sentences 1 to 4.

7.4 Wake-up orders are executed by the hotel with the utmost care. Messages, mail and merchandise shipments for guests are handled with care. The hotel will take care of the delivery, storage and – on request – forwarding of the same against payment. The hotel shall only be liable in this respect in accordance with the above section 7.1, sentences 1 to 4.

8 Final provisions

8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are invalid.

8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – shall be Timmendorfer Strand for commercial transactions. If a contracting party fulfills the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Timmendorfer Strand.

8.3 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.

8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Notes on the use of our Internet access

Dear guest, in order to make your use of our Internet access as uncomplicated and secure as possible, we ask you to observe the following basic rules:

1. Authorisation to use wireless internet access

The operator provides wireless internet access (WiFi) in the SeeHuus Lifestyle Hotel (Seehuus GmbH & Co. KG), Strandstraße 69, 23669 Timmendorfer Strand. He offers the user the possibility of shared use of this Internet access via WiFi for the duration of his stay. The user is not authorised to allow third parties to use this WiFi. The operator is not in a position and is not obliged within the scope of this shared use by the user to guarantee the actual availability, suitability or reliability of this Internet access for any purpose, including in terms of volume. The operator is authorised at any time to admit further users and to restrict the user’s access completely, partially or temporarily or to exclude him from further use completely. In particular, the operator reserves the right to block access to certain pages or services via the WiFiat its reasonable discretion and at any time.

2. Access data

The use of our internet access is limited to the duration of your stay at the hotel. Use is made by entering a password. This may not be passed on to third parties. If you have any questions or problems with Internet access, our reception will be happy to help you. The operator can change this access data at any time or limit the duration of use. In this case, however, the user can request new access data. The user undertakes to keep his access data secret at all times.

3. Responsibility of the user

The user is solely responsible for the data transmitted via the WiFi, the services utilised, and the legal transactions carried out. If the user utilises third-party services via the WiFi, the resulting costs shall be borne by the user. In particular, the user undertakes to comply with applicable law when using the WiFi. In particular, the user shall

a) do not illegally reproduce, distribute or make publicly accessible any works protected by copyright; this applies in particular in connection with uploading and downloading in file-sharing programmes or similar offers;

b) do not use the WiFi to retrieve or distribute immoral or illegal content;

c) observe applicable youth protection regulations;

d) not send or disseminate any derogatory, defamatory or threatening content;

e) not use the WiFi to send spam and/or other forms of unauthorised advertising.

4. Limitation of liability and indemnification of the operator from third-party claims

The user indemnifies the operator against all damages and claims by third parties that are attributable to unlawful use of the WiFi network by the user or by other persons with their approval. This also applies to all damages and claims by third parties that are attributable to a breach of this agreement. This indemnification also extends to the costs and expenses associated with the claim or defence against it. We shall also be indemnified against all third-party claims arising from copyright or other legal disputes associated with your use of the Internet access. The user is aware that the WiFi network merely provides access to the Internet. The operator does not provide any additional security measures (e.g. virus protection, firewall, etc.). No liability is accepted for any virus infection resulting from the use of Internet access. In particular, no liability is accepted for the content of websites accessed or files downloaded. The data traffic generated using the WiFi uses WPA2 encryption so that misuse by third parties is virtually impossible, and the data cannot be viewed by third parties. The content accessed is not subject to any checks by the operator. Use of the WiFi is at the user’s own risk. The operator accepts no liability for damage to the user’s end devices or data resulting from the use of the WiFi, unless the damage was caused intentionally or through gross negligence on the part of the operator and/or its vicarious agents.

5. Data protection

a) We ensure that your personal data is only collected, stored and processed insofar as this is necessary for the contractual provision of services and is permitted by law or ordered by the legislator.

b) In the event that declarations of consent under data protection law are obtained from you as part of the use of our services, please note that you can revoke these at any time with effect for the future.

c) In order to provide you with the services of the hotspot, it is necessary to use personal data from your end device. In this context, the MAC addresses of end devices may also be temporarily stored. Furthermore, we may store log data (‘log files’) on the type and scope of use of the services for the duration of use. This data cannot be directly assigned to your person.

6. Further information

A. If possible, use a browser with 128 BIT SSL encryption

The current versions of the common browsers (Microsoft Internet Explorer, Apple Safari, Mozilla Firefox or Opera) are designed for this standard.

B. Protect your PC with up-to-date antivirus programmes and a firewall

Install anti-virus software on your PC and update it regularly. Make sure that your computer is free of viruses, worms and Trojans/backdoors. We recommend that you equip your computer with a firewall and anti-spyware software and update these regularly. Please note that we only provide you with Internet access that has no virus protection and no firewall.

C. Keep your operating system up to date

Install the relevant updates and patches for your PC’s operating system promptly and regularly.

D. Protect your data in the event that your computer is lost

You should secure your PC and the important files stored on it with passwords. These should be changed regularly. Do not save the passwords on your hard drive. Only make your computer available to people you trust. We recommend that you regularly back up your data.

E. Restart your browser in the event of connection errors

If connection errors occur, please close the browser and restart it. Ensure that you enter your passwords correctly. Please close your browser at the end of your internet session.

F. Be careful with unknown files or email attachments

Do not open any files of unknown origin or files that you have not requested.

G. Do not visit websites with content relevant to criminal law

This applies in particular to sites with incitement to hatred or child pornography, sites that incite offences or glorify or trivialise violence or sites that are likely to seriously endanger children or young people morally.

H. Do not participate in dubious or illegal file-sharing networks

When downloading or uploading files, especially music, films or images, always bear in mind that these may be protected by copyright. The infringement of such copyrights can, among other things, trigger considerable claims for damages against you.

I. Violation of the terms of use

If you violate these terms of use or if we suspect that you have done so, we will be forced to restrict or block your Internet access. Should you lose data in the process, we accept no liability for this.

J. Recognition of the user agreement

When connecting to the WLAN and using the Internet, the above user agreement is accepted without reservation.