Terms and conditions
(hotel accommodation and holiday apartments)
IFA Fehmarn Hotel & Ferien-Centrum
1. Scope
These General Terms and Conditions (GTC) apply to all services provided by IFA Hotels in Germany for customers and other contractual partners. This includes in particular the provision of hotel rooms for accommodation, the rental of holiday apartments and suites, the provision of third-party services, the organization of health-promoting, sporting, cultural or similar events and all activities, deliveries and other services related to these services.
The general terms and conditions of the contractual partner shall only become part of the contract if this has been expressly agreed in writing upon conclusion of the contract.
2. Conclusion of contract / down payment / subletting and further rental
A contract with the hotel is effectively concluded when the hotel accepts a corresponding request from the customer. The hotel is free to accept the customer's request verbally, in writing, in text form, by electronic or telecommunication transmission, by providing the service or by conclusive conduct.
The hotel is entitled to conclude the contract with the customer on the condition that the customer provides an appropriate advance payment or security, whereby the amount of the advance payment and the payment date are agreed upon conclusion of the contract.
Subletting or re-letting of the premises to third parties, or use for purposes other than those agreed upon, is only permitted with the prior written consent of the hotel. The hotel reserves the right to make consent dependent on the agreement of additional compensation.
3. Room use / arrival / departure
The provision of rooms is solely for the purpose of accommodation. The customer has no right to the provision or provision of specific hotel rooms, apartments or suites.
Booked rooms are available to the customer from 5 p.m. on the day of arrival. The customer is not entitled to earlier availability. Unless expressly agreed otherwise with the customer, the hotel can use booked rooms for other purposes from 6 p.m. without the customer being able to derive any rights or claims against the hotel from this. The hotel is not obliged to allocate the rooms to other parties.
On the agreed departure day, the customer must vacate the rooms by 10:00 a.m. at the latest. If the rooms are returned later, the hotel can charge 50% of the list price for the additional use of the rooms until 6:00 p.m. and 100% of the list price from 6:00 p.m.
4. Prices / Calculation / Due Date
The customer is obliged to pay the agreed or applicable prices for the use of the premises, for the additional services used by him and for the hotel's expenses incurred by him.
The prices of the respective services are determined according to the hotel's price list valid at the time the service is provided, unless the customer has expressly agreed otherwise with the hotel.
All prices are gross amounts including the applicable statutory sales tax. If there is a period of more than four months between the conclusion of the contract and the time of service provision and the amount of statutory sales tax changes during this time, the prices will be adjusted accordingly.
The prices agreed with the customer or applicable prices do not include public charges such as visitor's taxes, cultural sponsorship fees or similar fees. The customer must pay these fees separately.
All payment claims of the hotel are due without deduction upon receipt of the invoice by the customer. The customer will be in default of payment claims of the hotel at the latest if he does not pay within 30 days of the due date and receipt of an invoice or equivalent payment statement. For reminders after default has occurred, the hotel can charge reminder fees of € 2.50 per reminder.
5. Cancellation / withdrawal / termination by the customer
Reservations made by the customer and confirmed by the hotel are binding for both contracting parties. If the parties have not agreed on a free withdrawal from the contract up to a certain date when concluding the contract or if the customer has no legal right to withdraw or terminate the contract, the customer must pay compensation to the hotel in the event of cancellation of a confirmed reservation, reduction of the confirmed reservation scope or any other withdrawal from the contract under the following conditions:
(1) The hotel shall not be entitled to claim damages if the customer’s written cancellation, written reduction of the scope of the reservation or written withdrawal from the contract is received by the hotel up to and including 30 calendar days before the agreed start of the service period.
(2) If the customer's written cancellation, written reduction of the scope of the reservation or written withdrawal from the contract is received by the hotel within a period of 29 to 10 calendar days before the agreed start of the service period, the hotel's claim for damages shall amount to 50% of the price of the services affected.
(3) If the written cancellation, the written reduction of the scope of the reservation or the written withdrawal from the contract by the customer is received by the hotel within a period of less than 10 calendar days before the agreed start of the service period or if the customer does not accept the services offered on the day of arrival, the hotel's claim for damages shall amount to 90% of the price of the services affected.
The customer is entitled to provide appropriate evidence that the hotel has suffered no damage or only damage of a lesser amount.
The hotel will offset any income from other use of the cancelled services against any claims for damages.
6. Cancellation / withdrawal / termination by the hotel
The hotel is entitled to withdraw from the contract with the customer or to terminate the contract for good cause. An extraordinary right of withdrawal or termination exists in particular if
(1) if the performance of the contract is impossible due to unforeseeable force majeure or other circumstances beyond the control of the hotel;
(2) if the customer provides misleading or false information regarding essential contractual circumstances, in particular regarding the customer’s identity or the purpose of the booking;
(3) if the customer sublets or rents out the premises to third parties without the prior written consent of the hotel or uses them for purposes other than those agreed upon without the prior written consent of the hotel;
(4) if the hotel has reasonable grounds to believe that the customer's use of the hotel's services may endanger the smooth running of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization.
If there is a legitimate reason for the hotel to withdraw or terminate the contract, the customer shall have no claim to compensation, reimbursement of expenses or other compensation.
7. Liability
The hotel is liable for the obligations arising from the contract with the care of a prudent businessman. Claims for damages by the customer are excluded. This does not apply in the case of intent and gross negligence, in the case of damage caused by injury to life, body or health of people and in the case of damage caused by the violation of a primary obligation of the hotel and/or its legal representatives and vicarious agents.
The hotel is liable for items brought into the hotel in accordance with the statutory provisions, up to an amount that corresponds to one hundred times the price of accommodation for one day, but at least up to the amount of € 600.00 and a maximum of € 3,500.00. The hotel is liable for money, securities and valuables up to an amount of € 800.00. Money, securities and valuables can be stored in the hotel safe up to a maximum value of € 26,000.00 or in the room safe up to a maximum value of € 800.00. The hotel recommends that the customer make use of this option.
The hotel's liability is unlimited if the loss, destruction or damage is the responsibility of the hotel or if the items in question were brought in and accepted by the hotel for safekeeping or if the hotel has wrongfully refused to accept them for safekeeping.
The customer's liability claim expires if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage.
Items left behind in the hotel will only be sent on by the hotel upon request, at the customer's risk and expense. The hotel will keep items left behind for six months, after which they will be handed over to the Lost and Found office if they have any recognizable value. After six months, the hotel is entitled to dispose of them.
If the customer is provided with a parking space in the hotel car park or in the hotel garage - even for a fee - this does not constitute a storage contract with the hotel. The hotel has no duty to monitor the vehicle. The hotel is only liable for the loss, damage or destruction of vehicles parked in the hotel car park or in the hotel garage and their contents in the event of gross negligence or intent on the part of the hotel and/or its legal representatives and vicarious agents.
8. Animal husbandry
Animals may only be brought into the hotel or holiday apartments with express prior written consent. Unless otherwise agreed with the customer, the hotel is entitled to charge the customer a fee per animal and day in accordance with the price list applicable at the time the service is provided.
If animals are brought in without permission, the hotel is entitled to refuse to provide the services agreed with the customer, to withdraw from the contract or to terminate the contract.
The customer is obliged to exercise due care when leading and supervising animals during his stay and, if necessary, to have the animal supervised by suitable third parties. The customer assures that liability insurance is in place for damage caused by animals brought into the hotel for the duration of the stay.
The hotel points out that there may be special official regulations regarding keeping animals outside the hotel complex, particularly in spa areas, and recommends that the customer obtain information about this from the responsible authority before arrival.
9. House rules / Place of jurisdiction / Invalidity of provisions
The customer undertakes to observe the provisions of the house rules published in the hotel. The hotel will also be happy to provide the customer with a copy of the house rules upon request.
For all customers and contractual partners who are not consumers within the meaning of Section 13 of the German Civil Code (BGB), the place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the hotel. The hotel is also entitled to bring legal action at the registered office of the customer or contractual partner.
Should individual provisions of the contract, including these terms and conditions, be ineffective or invalid, this shall not affect the validity of the remaining provisions.