1. These terms and conditions apply to contracts for the rental of hotel rooms in the NinetyNine Hotels BS GmbH (hereinafter referred to as „NinetyNine“) for accommodation as well as all further deliveries and services provided as part thereof by the hotel for the customer (hotel accommodation contract). The term „hotel accommodation contract“ encompasses and replaces the following terms: accommodation contract, lodging contract, hotel contract and hotel room contract.
2. Subletting or re-letting the rooms as well as their use for purposes other than accommodation require the prior written consent of NinetyNine whereby § 540, para. 1 sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer.
3. General terms and conditions of the customer are only applied if this is exclusively agreed in writing beforehand.
II. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS, LIABILITY LIMITATION
1. The contract is concluded when a customer request is accepted by NinetyNine; these are the contractual partners. NinetyNine is free to confirm the room reservation in writing.
2. If a third party has ordered on behalf of the customer, the customer is liable to NinetyNine as well as the third party as joint debtor for all obligations arising from the hotel accommodation contract, as long as NinetyNine provides an appropriate statement from the third party.
3. All claims against NinetyNine are generally time-barred within one year from the statutory start of the limitation period. This does not apply to claims for damages and other claims provided that the latter is based on an intentional or grossly negligent breach of duty by NinetyNine or its vicarious agents. These claims for damages are time-barred in ten years regardless of knowledge. The reductions of the statute of limitation period shall not apply for claims based on an intentional or grossly negligent breach of duty by NinetyNine. Claims of consumers in the sense of § 13 BGB are time-barred in accordance with the statutory provisions.
III. SERVICES, PRICES, PAYMENT, CHARGING
1. NinetyNine is obliged to make the room booked by the customer available and provide the services agreed. In case of cancellation, NinetyNine is entitled to transfer the customer to a suitable hotel.
2. The customer is obliged to pay NinetyNine‘s agreed and/or valid prices for room rental and the additional services used by the customer. This is also valid for services ordered directly by the customer or via NinetyNine which are provided by a third party and which are disbursed by NinetyNine.
3. NinetyNine‘s invoices are to be paid upon receipt of the invoice without deduction and without mentioned due date. NinetyNine can request immediate payment of debts due at any time from the customer. In case of delayed payment, NinetyNine is entitled to claim the respectively applicable statutory interest on account of delay currently in the amount of 9% and/or in case of legal transactions involving a consumer, in the amount of 5 %. NinetyNine reserves the right to provide proof of higher damages.
4. The prices agreed are inclusive of all taxes and local fees applicable at the conclusion of the contract. Not included are bed tax as well as local fees due by the guest him or herself according to the respective municipal law, for example visitor‘s tax. If the statutory sales tax is changed, or new local fees on the object of service are introduced, changed or abolished after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers this is only valid if the period between the conclusion of the contract and the fulfilment of the contract exceeds four months.
5. After conclusion of the contract, NinetyNine is not obliged to agree to reduce the number of rooms booked, the service from NinetyNine or the duration of the customer‘s stay if the customer subsequently requires this. If NinetyNine agrees, it does so on the condition that the price for the rooms and/or the other services may be increased by NinetyNine.
6. Upon conclusion of the contract, NinetyNine is entitled to request from the customer an appropriate advance payment up to the amount of the full room rate or a security deposit, for example in the form of a credit card guarantee or debiting a credit card. The amount of the advance payment, the payment deadlines and/or the security deposit is to be agreed in writing. In case of advance payments or security deposits for package holidays, statutory provisions are unaffected. If the customer delays payment, the statutory regulations are unaffected.
7. At the beginning of or during the customer‘s stay, NinetyNine is also entitled to request an advance payment or security deposit within the sense of the previous paragraph III.6 for existing and future bills outstanding from this contract, insofar as this was not already provided according to the previous paragraph III.6.
8. The customer can settle or offset an undisputed or legally binding outstanding bill against an outstanding bill from NinetyNine.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO SHOW)
1. The customer can only cancel the contract concluded with NinetyNine if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists, or if NinetyNine expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the eventual consent to a cancellation of the contract must each be in writing.
2. If a deadline for the cost-free withdrawal from the contract has been agreed between NinetyNine and the customer, the customer can withdraw from the contract before that point without payment or damages claims being triggered by NinetyNine. The customer‘s right of withdrawal expires if they do not pursue their right of withdrawal against NinetyNine before the agreed deadline.
3. If a right of withdrawal is not agreed, or has already expired, no statutory right of withdrawal or right of cancellation exists and if NinetyNine does not agree to a cancellation of the contract, NinetyNine reserves the right to claim the agreed payment in spite of services not being used. NinetyNine has to offset the earnings from further renting of the rooms as well as the expenditure saved. If the rooms are not otherwise rented, NinetyNine can estimate the deduction for saved expenses. In this case, the customer is obliged to pay 90 % of the contractually agreed price for an overnight stay with or without breakfast as well as for packages with third-party services. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
4. The regulations under paragraph IV.3 apply for half and full board arrangements provided that 80 % of the contractually agreed price is paid by the customer, as long as the parties have not agreed upon alternative regulations in individual contracts. Here too the customer is free to prove that the above- mentioned claim was not made or was not made in the required amount.
V. WITHDRAWAL BY THE HOTEL
1. If it is agreed in writing that the customer can withdraw free of costs from the contract within a particular deadline, NinetyNine is entitled to withdraw from the contract within this period if other customers enquire about the contractually booked rooms and the customer does not waive their right to withdrawal upon query by NinetyNine with an appropriate deadline.
2. If an advance payment or security deposit which is agreed or requested according to paragraph III.6 is not provided after a reasonable grace period set by NinetyNine has elapsed, then NinetyNine is also entitled to withdraw from the contract.
3. In addition, NinetyNine is entitled to withdraw from the contract exceptionally for factually justified reasons, for example in case of force majeure or circumstances for which FOUSIDE is not responsible and which make the fulfilment of the contract impossible; rooms having been culpably booked under erroneous or false information or concealment of important facts; important facts can be the identity of the customer, the ability to pay or the purpose of the stay; NinetyNine having reasonable grounds to assume that using the service can endanger the smooth running of business operations, safety or the reputation of NinetyNine among the general public without this being attributed to the hotel‘s sphere of control or organisation; the purpose and/or the reason for the stay being illegal; the above- mentioned paragraph I.2 having been breached.
4. Authorised withdrawal by NinetyNine shall not entitle the customer to claim damages.
VI. ROOM PREPARATION, ARRIVAL AND DEPARTURE
1. The customer is not entitled to request the preparation of particular rooms, unless this is expressly agreed.
2. Reserved rooms are available to the customer from 3 pm on the agreed day of arrival. The customer cannot ask for earlier arrival.
3. On the agreed departure day, the rooms must be empty by 12 o´clock noon. Afterwards, NinetyNine may charge 50% of the full price (daily rate) if the customer leaves the room later than contractually agreed but no later than 6 pm or 100 % if the customer leaves after 6 pm. Contractual claims by the customer are not hereby justified. The customer is free to prove that NinetyNine incurs no or only a significantly lower claim to a usage fee.
VII. LIABILITY OF THE HOTEL
1. NinetyNine is liable for its obligations arising from the contract. Claims of the customer for damages are excluded. Exceptions to this are damages arising from injuries to life, limb or health in cases where NinetyNine is responsible for a violation of duty as well as any other damage arising from a deliberate or grossly negligent violation of duty committed by NinetyNine and damages arising from a deliberate or negligent breach of typical contract duties by NinetyNine. A violation of duty by NinetyNine is equivalent to a violation of duty by a legal representative or a vicarious agent. If there are disruptions or defects in NinetyNine‘s services, NinetyNine will endeavour to remedy the situation as soon as it becomes aware of the disruption or defect, or upon immediate reprimand by the customer. The customer is obliged to contribute to a reasonable degree to correct the disruption and to keep possible damage to a minimum. The customer is also obliged to inform NinetyNine in good time of the possibility of the emergence of extremely high damages.
2. NinetyNine‘s liability for items brought in by the customer is in line with the legal provisions. NinetyNine recommends the use of the hotel safe; the room safes do not guarantee risk-free storage. If the guest wants to bring in money, valuable papers and valuable items with a total value of more than €800, or other things with a total value of more than € 3500, this requires a separate storage agreement with NinetyNine.
3. Even outside their room, the customer is always obliged to look after his or her things and valuable items. NinetyNine is only liable in accordance with the proceeding provision VII.7 sentences 1.
4. NinetyNine has no customer parking. Temporarily parking vehicles does not constitute the conclusion of a contract of safe custody. In the case of loss or damage to vehicles and their contents parked or ranked on the grounds of the hotel, NinetyNine shall be liable only in accordance with the provisions of the preceding paragraph VII.7 sentences 1-4.
5. Wake-up calls, messages, post and shipment of goods for guests are handled with care. NinetyNine will carry out the delivery, storage and, on request, forwarding of the same against payment. NinetyNine is only liable for wake-up calls, news, post and shipment of goods in accordance with the provisions of the preceding paragraph VII.7 sentences 1-4.
6. The photos shown on the website and in brochures are of an indicative nature only and are for illustration purposes. They provide no guarantee as to the condition of the rooms booked by customers. Even if all efforts have been made to ensure that photographs, graphical representations and reproduced texts designed to illustrate NinetyNine provide as accurate an impression as possible of the accommodation offered, differences may arise between the rooms booked and those illustrated, in particular due to the large number of rooms, changes to fixtures and fittings or any renovation work carried out. Complaints from guests in this regard are not justified.
7. NinetyNine cannot be held liable for the non-completion or poor completion of bookings in the event of force majeure or caused by the actions of third parties, the guest or the partner thereof, including non-availability of the Internet, restricted access to the website, external interventions, viruses or non- authorised advance payment on the part of the remitting bank.
VIII. CUSTOMER LIABILITY FOR DAMAGE
1. If the customer is an entrepreneur, they are liable for all damage to buildings or fixtures caused by function participants and/or visitors, employees, fellow travellers, visitors, or other associated third parties or the customer him or herself. The statutory liability regulations apply for consumers.
2. NinetyNine can request the status of appropriate securities from the customer (e. g. insurance, sureties, and bonds).
IX. FINAL PROVISIONS
1. writing. Unilateral changes or addenda by the customer are invalid.
2. The place of fulfilment and payment is the location of NinetyNine.
3. The exclusive court of jurisdiction for commercial transactions – also for disputes involving cheques and bills of exchange – is Hamburg. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, Hamburg is the place of jurisdiction.
4. German law applies. The application of UN Convention of the International Sale of Goods and Conflict Law and the conflict of laws are excluded. 5. If individual conditions of these General Terms and Conditions are or become unenforceable or void, the enforceability of the remaining conditions is unaffected. In other respects, statutory provisions apply.