1. Contractual partner: SmartCity Hotel GmbH, Grashöfe 23, 30419 Hannover, Germany, Commercial register: District Court Hannover HRB 60863.
2. These Terms and Conditions govern contracts for the rental use of hotel rooms for accommodation and all services provided to the customers for other services provided by the hotel.
3. The subletting or letting of rooms and their use for purposes other than accommodation require the prior written consent of the hotel; § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer.
4. The customer's terms and conditions only apply if so agreed to in writing beforehand.
II. Contract and Partner Formation, Statute of Limitation
1. The hotel is at liberty to confirm the room reservation in writing. The contract is concluded by the acceptance of the request of the customer upon the hotel. As a provision of security, the hotel may also demand a prepayment in the form of a transfer or transmission of a two-sided copy of the personal credit card of the customer signed by the credit card holder.
2. Contractual partners are the hotel and the costumers. If a third party placed the order, the third party along with the customer is liable for all obligations from the hotel accommodation contract as long as the hotel has a corresponding statement by the third party.
3. All claims against the hotel shall lapse one year after the commencement of the general statute of limitations dependent upon knowledge of the claim concerned and of the circumstances involved as set out under § 199 section I of the German Civil Code (BGB). Damage claims have a statute of limitation of five years. The limitation periods do not apply to claims that are based on an intentional or grossly negligent breach of obligation.
III. Services, Prices , Payment, Summation
1. The hotel is obligated to keep the booked rooms and to provide the agreed upon services.
2. The customer is obligated to pay the applicable or agreed upon prices for the rooms provided and used by him as well as other services provided by the hotel. This also applies to services and expenses of the hotel attributed to third parties.
3. The fixed prices include VAT. If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, this can increase the contractually agreed price appropriately by a maximum increase of 5 %.
4. The rates may be adjusted by the hotel if the customer subsequently wishes to change the number of rooms booked, the hotel's services or the duration of the guests and the hotel agrees.
5. Hotel bills without a due date must be payed within 10 days of receipt of the invoice or else a fee will be charged. The hotel is entitled to call in accrued at any time and to demand immediate payment. With payment delays the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8 % or, with legal transactions with a consumer in the amount of 5 % above the base rate.
6. When the contract is ended or thereafter, the hotel is entitled to demand a reasonable advance payment or security following the legal provisions for package tours. The amount of the advance payment and payment dates may be agreed in the contract
7. The customer can only offset or reduce anything with an undisputed or legally binding claim against a claim by the hotel.
IV. Repudiation by the Customer (Cancellation) / Non-utilization of Hotel Services (No Show)
1. Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If written consent from the hotel is not obtained, then the price agreed in the contract must also be paid even if the customer does not utilize contractual services. This does not apply if neglect of the hotel's commitment to take into account the rights, objects of legal protection and interests of the customer takes place; if holding the customer to the contract is no longer reasonable or another statutory or contractual cancellation right exists, the customer can repudiate.
2. In the case that the hotel and the customer have agreed upon in writing, a time period where the cancellation of the contract is cost-free, the customer may rescind the contract during this time period, without incurring payment or damage compensation claims by the hotel. The cost-free resignation of the customer expires if he does not exercise his cancellation right in writing to the hotel by the agreed date, insofar as no case of cancellation by the customer in accordance with Clause IV. Paragraph 1 Sentence 3 is present.
3. When a booked room is not claimed by the customer, the hotel can credit the expenses from renting the rooms and furthermore claim the money made by renting it to another party.
4. The hotel is at liberty to demand the contractually agreed upon compensation and to charge a flat rate for the saved expenses. The customer is obliged in this case, to pay at least 90 % of the contractually agreed rate for lodging with or without breakfast, to pay 70 % for half and 60 % for full-board arrangements. The customer is free to prove that the claim mentioned above was not created or not created in the amount demanded.
V. Withdrawal by the Hotel
1. If a cost-free right of withdrawal period for the customer is agreed upon in writing, the hotel is entitled to, during this period, withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer has been approached by to hotel to waive his withdrawal right but has refused.
2. If an advance payment agreed upon or demanded in accordance with the above III number 6, has not been accomplished during the reasonable time frame set by the hotel, the hotel has the right to cancel the contract cost-free.
3. Furthermore, the hotel is entitled to extraordinary rescission of the contract for a justifiable cause, e.g. if:
• Force majeure or other situations the hotel have no responsibility over appears that make the fulfillment of the contract impossible;
• Rooms under misleading or false information regarding material facts, such as the identity of the customer or the purpose of the booking;
• The hotel has justified cause to believe that use of the hotel's services might jeopardize the frictionless operation, security or reputation of the hotel in public, without being attributable to the management or organization of the hotel.
• A breach of the above mentioned I. number 2.
4. In the case of a justified cancellation by the hotel, the customer does not have a claim to damage compensation.
VI. Room provision, handover and return
1. The customer has no right to be provided a specific room.
2. Reserved rooms are available to customers earliest at 15.00 on the agreed day of arrival.
The customer has no right to demand earlier provision.
3. On the agreed departure day, rooms are to be vacated at 12.00 latest. Afterward 12.00, the hotel, due to the delayed vacating of the room, will charge an extra 50% of the full accommodation rate (list price) for exceeding the contractual utilization to 18.00 and 100% if it passes 18.00. Through this, the contractual claims of the customer are not justified. The customer is at liberty to prove that the hotel incurred a lesser or no claim for user fees.
VII. Liability of the hotel
1. The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Customer claims for compensation are excluded. This does not include damage resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of obligation and damage from intentional or negligent breach typical contractual obligations of the hotel is based. A breach of obligation by the hotel is one committed by a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor to take remedial action on acquiring knowledge of the situation or on immediate complaint of the customer. The customer is obligated to contribute reasonably to eliminate the disruption and to keep any possible damage to a minimum.
2. For private property brought in, the hotel is liable to the customer, not through the law, to up 100 times the room price – maximum € 3.500,- - as well as money, securities and valuables up to € 800,-. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction or damage (§ 703 German Civil Code [BGB]). For a more extensive liability of the hotel see the above paragraph 1 sentences 2 to 4 accordingly.
3. If the customer has a parking space in the hotel garage or a hotel parking lot, even if a fee is provided by the customer to the hotel, this does not constitute a safekeeping agreement. For loss of or damage on hotel property to parked motor vehicles and their contents, the hotel is not liable, except in the case of willful misconduct or gross negligence.
The above paragraph 1, sentences 2 - 4 apply accordingly.
4. 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 - on request – forward it to the customer after their stay for a fee.
VIII. Final Provision
1. Changes or additions to the contract, the acceptance proposal or the terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. Performance and place of payment takes place at the location of the hotel.
3. The exclusive jurisdiction - also for check and exchange disputes - for commercial transactions is the location of the hotel. Insofar as a contracting party fulfills the requirements of § 38 paragraph 2 in the Code of Civil Procedure (ZPO) and has no general jurisdiction in Germany, place of jurisdiction is the location of the hotel.
4. German law applies. The application of the UN CISG and the conflict of laws are excluded.
5. Should any of these terms and conditions be invalid or void for hotel accommodation, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.