Terms and Conditions

Nordsee-Hotel OHG, Borkum

1. Scope
   • These Terms and Conditions govern contracts for the rental use of hotel rooms for accommodation and all the services in this regard for the customer other services and supplies of North Sea Hotel OHG on Borkum (short: Nordsee-Hotel). The term Hotel Accommodation Contract includes and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
   • The subletting or re-letting of the rooms and their use for purposes other than accommodation require the prior consent of the hotel in writing, whereby § 540, paragraph l sentence 2 BGB will be waived if the customer is not a consumer.
   • Terms and conditions of the customer only apply if this has been explicitly agreed in writing.
   • Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs within the meaning of §§ 13, 14 BGB.
2. Conclusion, Parties, Statute of Limitations
   • The contract is concluded by the acceptance of the customer's application by the hotel. Makes the hotel the customer a firm offer, the contract is concluded by the acceptance of the hotel offer upon by the customer. The hotel is at liberty to confirm the room reservation in text form.
   • Contractual partners are the hotel and the customer. Has placed the order for Mom, the customer is liable to the hotel together with the third party jointly and severally liable for all obligations from the hotel accommodation contract, if the hotel has a corresponding statement by the third party.
   • All claims of the customer or a third party against the hotel become time-barred in 1 year after the commencement of the general statute of limitations dependent upon knowledge in terms of § 199 para. 1 BGB. Claims for damages against the hotel shall, however knowledgeable depending latest in 3 years, independent of knowledge in the latest 10 years from the breach of duty. These limitation periods shall not apply ...
     • for claims which are to cause by intent or gross negligence of the hotel - based - also its agents.
     • for negligent damage arising from injury to life, body or health.
   • In negligent property and financial losses the shortened limitation periods do not apply to the violation of an essential contractual obligation. Material contractual obligations are those whose performance characterizes the contract and to which the customer can rely.
3. Services, prices, payment, set-off
   • The hotel is obliged to provide the booked rooms and to provide the agreed services.
   • The customer is obligated to pay the applicable or agreed for the rooms provided and for other services used by him in the hotel prices. This also applies to caused by the customer services and expenses of the hotel to third parties. The agreed prices include the date when the contract was concluded taxes and local charges. It does not include local taxes, which are payable by the guest after the relevant municipal law, such as taxes. When changing the statutory rate or the introduction, modification or abolition of local taxes on the subject of performance after the contract prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds 4 months.
   • The hotel can make its agreement to the customer's later reduction in the number of reserved rooms, the hotel services or the duration of the customer dependent on the price of the room or for the other services of the hotels increased.
   • Hotel invoices not showing a due date are within 10 calendar days from receipt of the invoice without deduction. The hotel is entitled to call in accrued amounts at any time and to demand immediate payment. In case of default, the Hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 9 percentage points respectively, with legal transactions with a consumer is involved in the amount of 5 percentage points above the base rate. The hotel also can be asserted in the event of default, a fee of 5,00 EUR per reminder. The hotel, the detection and claim higher damages is reserved.
   • The hotel is entitled to demand at contract conclusion or after observing the legal provisions for package tours an appropriate advance payment or security. The amount of the advance payment and payment dates may be agreed in the contract in writing.
   • In justified cases, eg. in arrears of customers or expand the scope of the contract, the hotel requires a pre-payment or security deposit within the meaning of the above paragraph 5 or an increase of the agreed in the contract advance payment or security is entitled, even after conclusion of the contract for up to the total agreed remuneration.
   • The customer may only offset undisputed or legally binding claim against a claim by the hotel.
4. Repudiation by Customer (cancellation / non-use of the hotel's services (No Show)
   • Cancellation by the customer of the contract concluded with the hotel requires without exception in writing.
   • The customer is obligated to pay the agreed price when ordering. Failure to use the agreed services, the customer agrees to pay the Nordsee-Hotel following pay damages.
     • until 28 days before arrival, the agreement must be canceled.
     • 27-14 days prior to arrival
       • 45% with booked overnight stay with breakfast
       • 40% when booking accommodation with half board
       • 35% when booked accommodation with full board
     • 13-0 days prior to arrival
       • 80% with booked overnight stay with breakfast
       • 70% when booking accommodation with half board
       • 60% when booked accommodation with full board
     • for early departure
       • 80% with booked overnight stay with breakfast
       • 70% when booking accommodation with half board
       • 60% when booked accommodation with full board
   • The customer is free to prove that the claim is not created or not created in the amount demanded.
   • The Nordseehotel is held in good faith, to relet unused rooms if possible. The guest is free for the periods from the obligation to pay damages in which succeeds the North Sea hotel, to rent the total rentable rooms in the house of the agreed category (double rooms, single rooms, suites), thereby avoiding the failure. The corresponding loss statement is prepared immediately after the scheduled departure date and sent to the guest.
5. Withdrawal by the Hotel
   • Insofar as it was contractually agreed that the customer can withdraw within a certain period free from the contract (§ IV), the hotel is entitled for its part during this period, withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer, upon inquiry the hotel on his right of rescission does not waive.
   • The hotel will have an agreed upon or in accordance with Section III, points 5 and / or 6 pre-payment required or schritfliche counterconfirmation not paid after expiry of a reasonable grace period set by the hotel, so is also entitled to rescind the contract.
   • Furthermore, the hotel is entitled to a materially justifiable cause from the contract - also during the stay - extraordinary cancellation, eg if
     • Make it impossible to force majeure or other circumstances beyond the hotel is not the fulfillment of the contract;
     • Rooms or spaces culpably essential contractual basis of misleading or false information regarding the facts, for example, are posted on the person of the customer or the purpose of his stay;
     • the hotel has justified cause to believe that use of the hotel's services might jeopardize the smooth operation, security or reputation of the hotel in public, without being attributable to the management or organization of the hotel;
     • the purpose or the cause of the stay is illegal;
     • Customer offensive manifests itself directly opposite or to third parties over the employees of the house or the management.
     • the customer is smoking outside designated smoking areas in the home
     • a breach above paragraph I no. 2 is present.
   • Upon justified cancellation by the hotel does not claim the customer for damages.
6. Room provision, delivery and return
   • The customer has no right to be provided specific rooms or accommodation on certain floors, to the extent this has not been expressly agreed.
   • Reserved rooms are available to the customer at the earliest from 15.00 clock on the agreed day of arrival. The customer is not entitled to an earlier provision.
   • On the agreed day of departure the room must be made to the hotel at 11.00 clock at the latest available. After that the hotel can provide in case of late vacating of the room for use exceeding the contractual time to 18.00 clock 50% of the currently valid daily accommodation rate charged, from 18.00 clock then 100%. Contractual claims of the customer shall be created thereby. The customer is at liberty to prove that the hotel incurred no or much lesser claim arose on usage fee. In addition, the hotel, the detection and claim higher damages is reserved.
7. Liability of the hotel
   • The hotel is liable for its obligations under the Treaty. Customer claims for compensation are excluded. This excludes damage from injury to life, limb or health, if the hotel is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of obligation and damage from an intentional or negligent breach typical contractual obligations of the hotel is based. A breach of obligation by a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor with knowledge or on immediate complaint of the customer, to take remedial action. The customer is obligated to contribute reasonable to eliminate the disruption and to keep any possible damage at a minimum.
   • For property brought into the Hotel is liable to the customer in accordance with the statutory provisions. Accordingly, the liability is limited to one hundred times the room rate, but a maximum of € 3.500, - and derogation for cash, securities and valuables up to a maximum of € 800, -. Money, securities and valuables can be stored for up to a maximum of € 3,000.00 € in room safe. The hotel recommends that guests make use of this possibility.
   • If the customer is a parking space in the hotel parking lot, even if a fee is provided, this does not constitute a safekeeping agreement. For loss of or damage to the hotel property parked or motor vehicles and their contents, the Hotel is not liable, except for willful misconduct or gross negligence. For the preclusion of damage claims of the customer, the regulation of the preceding paragraph l, sentences 2 to 4 shall apply mutatis mutandis.
   • Wake-up calls are carried out with the utmost care. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and - upon request - for a fee forward such items. For the preclusion of damage claims of the customer, the regulation of the preceding paragraph l, sentences 2 to 4 shall apply mutatis mutandis.
8. Further agreements
   • The customer agrees - provided that it is smoke - to smoke within the approved areas for smoking in the house. The hotel is entitled in case of violation, to terminate the contract immediately without notice and for the guest liable for damages. Should the customer smoke in the hotel rooms, the hotel is entitled to charge an expense / cleaning allowance of 75.00 € additionally.
   • Dogs only on prior notification and written by the hotel confirmed a fee of € 9.00 per day was added. Dogs are not allowed in the restaurant and the swimming pool closed. Dogs are all to keep in the house on a leash. The hotel is entitled in case of violation, to terminate the contract immediately without notice and for the guest liable for damages. The hotel brings the customer unannounced with a dog, so also has the right to contract immediately without notice and to terminate payment of compensation for the guest.
9. final provisions
   • Changes and additions to the contract, the acceptance of these General Terms and Conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
   • Performance and payment is the hotel's location.
   • The exclusive jurisdiction - also for check and exchange disputes - for commercial transactions is Aurich / NDS. Insofar as a contracting party fulfills the requirements of § 38 paragraph has 2 ZPO and has no general jurisdiction in Germany, jurisdiction shall be Aurich / NDS.
   • Only German law. The application of the CISG and the conflict of laws is excluded.
   • If any provision of these terms and conditions be invalid or void, so the validity of the remaining provisions shall not be affected. In addition, the statutory provisions apply.
10. Mandatory information according to Regulation (EU) no. 524/2013 of the European Parliament and Council:

    Follow this link to the website of the European Commission’s entity for online dispute resolution for consumer disputes: http://ec.europa.eu/consumers/odr/ further information is available if you follow the link. Should you have any initial questions concerning a potential dispute resolution, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it..

These Terms and Conditions become valid as of 11.25.2015. All previous terms and conditions lose their validity as of this date.