1. Scope of Application

1.1 These General Terms and Conditions apply to all contracts for the rental of hotel rooms for accommodation purposes as well as to all related services and deliveries provided by Hotel Hanseat Hamburg, operated by SKA Hotelbetriebe GbR (hereinafter the “Hotel”).

1.2 They apply to consumers and businesses alike, including in particular corporate clients, trade and construction companies, public authorities and other public-sector clients.

1.3 General terms and conditions of the guest or contractual partner shall only apply if this has been expressly agreed in advance in text form.

1.4 Individually agreed terms (e.g. in the booking or reservation confirmation, or in corporate or public-authority agreements) take precedence over these General Terms and Conditions.

2. Conclusion of Contract

2.1 The accommodation contract is concluded upon receipt of the Hotel’s booking or reservation confirmation by the guest or contractual partner. For bookings made via the Hotel’s online booking system, the contract is concluded upon the electronic booking confirmation.

2.2 For bookings made via intermediary platforms (e.g. Booking.com), the contract is concluded in accordance with the conditions displayed there. Deviating cancellation and payment conditions of the respective rate booked via the platform take precedence over Sections 5 and 6 of these Terms.

2.3 If a contractual partner (in particular companies, public authorities or group organisers) books on behalf of third parties, they are jointly and severally liable together with the guest for all obligations arising from the contract, provided they have assumed this obligation by corresponding declaration.

2.4 Subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the Hotel’s prior consent in text form.

3. Services, Prices, Payment

3.1 The Hotel is obliged to keep the booked rooms available and to provide the agreed services. The guest has no claim to the provision of a specific room unless this has been expressly agreed.

3.2 The agreed prices result from the booking or reservation confirmation and include the applicable statutory value added tax. Breakfast is not offered.

3.3 The payment terms result from the respective booking or reservation confirmation. The Hotel is entitled to require a reasonable advance payment or security deposit (e.g. credit card guarantee or deposit) upon or after conclusion of the contract.

3.4 If an agreed advance payment or security deposit is not received even after expiry of a reasonable grace period set by the Hotel, the Hotel is entitled to withdraw from the contract.

3.5 Unless otherwise agreed, invoices issued by the Hotel are payable immediately upon receipt without deduction, but no later than within ten (10) days of the invoice date. Deviating payment terms may be agreed individually with corporate clients and public authorities; these result from the respective agreement or booking confirmation.

3.6 Payments by cheque from abroad are not accepted.

3.7 If the period between conclusion of the contract and arrival exceeds four months and the price generally charged by the Hotel for such services increases, the Hotel may reasonably increase the contractually agreed price, but by no more than 5 %. In this case, the guest is entitled to withdraw from the contract free of charge.

4. Long-Term Stays, Contractor and Corporate Bookings

4.1 For stays of seven (7) nights or more, as well as for contractor (“Monteur”), corporate and public-authority bookings, special weekly or monthly rates may be agreed. These result from the individual offer or booking confirmation.

4.2 Upon request, the Hotel issues invoices with itemised VAT directly to the company or client; collective invoices (e.g. monthly) may be agreed.

4.3 Even in the case of long-term stays, the rooms serve exclusively as temporary accommodation. No residential tenancy within the meaning of Sections 549 et seq. of the German Civil Code (BGB) is established; the guest does not establish a place of residence in the rooms.

5. Cancellation, Changes, No-Show

5.1 Individual Reservations (up to and including 9 rooms)

Cancellations and changes are free of charge up to seven (7) days before arrival. This does not apply to bookings of a rate expressly designated as “non-refundable”.

In the event of later cancellation or change, or in the event of no-show, the Hotel may charge 90 % of the total booked price, insofar as the reserved service cannot be rented otherwise. Saved expenses of the Hotel are accounted for on a flat-rate basis by the remaining 10 %.

The guest expressly remains entitled to prove that the Hotel has incurred no damage or a substantially lower damage.

5.2 Group Reservations (10 rooms or more)

For reservations of ten (10) or more rooms, based on the reserved room allotment, the following applies:

• Free cancellation up to 56 days before arrival.
• Cancellation 55 to 28 days before arrival: 75 % of the booked accommodation services will be charged.
• Cancellation less than 28 days before arrival: 90 % of the booked accommodation services will be charged.

The contractual partner expressly remains entitled to prove that the Hotel has incurred no damage or a substantially lower damage.

5.3 Partial Cancellations of Group Reservations

In the event of partial cancellations, the scales set out in Section 5.2 apply proportionately to the cancelled rooms. If the booked allotment is reduced by more than 50 % as a result of cancellations, the Hotel is entitled to withdraw from the contract as a whole; such withdrawal must be declared in text form within two (2) weeks of receipt of the guest’s or contractual partner’s cancellation notice.

5.4 Form

Cancellations and changes must be made in text form (e.g. by e-mail to info@skahotels-hamburg.de). Receipt by the Hotel is decisive.

5.5 Deviating Conditions

Deviating cancellation and payment conditions from the respective booking confirmation, from platform bookings (Section 2.2) or from individual corporate or public-authority agreements take precedence over the above provisions.

6. Early Departure

If the guest departs early without the Hotel being responsible for this, the Hotel may charge 90 % of the price of the accommodation services not used, insofar as the rooms cannot be rented otherwise. The guest expressly remains entitled to prove that the Hotel has incurred no damage or a substantially lower damage.

7. Arrival and Departure, Check-in / Check-out

7.1 Booked rooms are available to the guest from 3:00 p.m. on the day of arrival. There is no entitlement to earlier availability.

7.2 On the day of departure, rooms must be vacated by 11:00 a.m. at the latest. In the event of late vacating, the Hotel may charge 50 % of the respective room rate for additional use until 3:00 p.m. and 100 % of the respective room rate for use after 3:00 p.m. The guest remains entitled to prove that the Hotel has incurred no damage or a substantially lower damage; no contractual claims of the guest are established hereby.

7.3 Late arrivals are possible by prior arrangement. Unless a later arrival has been agreed, the Hotel may allocate booked rooms otherwise after 8:00 p.m. if the guest has not arrived and cannot be reached; the Hotel’s rights under Section 5 remain unaffected.

8. House Rules, Smoking Ban, Pets

8.1 The house rules displayed in the Hotel and/or published on the website apply; they form part of the contract.

8.2 Smoking is prohibited throughout the entire Hotel. In the event of violations, the Hotel may charge a flat rate of € 150.00 for the cleaning and, if necessary, painting work required to restore the room. The guest expressly remains entitled to prove that no damage or a substantially lower damage has been incurred; the Hotel remains entitled to claim demonstrably higher damages.

8.3 Pets are not permitted.

8.4 In the event of exceptionally heavy soiling of the room, the Hotel may charge a flat rate of € 150.00 for special cleaning. The guest expressly remains entitled to prove that no damage or a substantially lower damage has been incurred; the Hotel remains entitled to claim demonstrably higher damages.

8.5 If a room temporarily cannot be rented out as a result of damage for which the guest is responsible or necessary repairs, the Hotel may claim the lost accommodation revenue as damages on the basis of the respective daily rate, less saved expenses. The guest remains entitled to prove that no damage or a lower damage has been incurred.

9. Parking

9.1 Subject to availability, the Hotel provides its guests with free parking on the hotel premises, including for vans and company vehicles. There is no entitlement to a parking space.

9.2 The provision of a parking space does not constitute a safekeeping agreement; the Hotel assumes no surveillance obligations. For loss of or damage to vehicles parked on the hotel premises and their contents, the Hotel is liable only in accordance with Section 11.

10. Withdrawal and Extraordinary Termination by the Hotel, Domiciliary Rights

10.1 The Hotel is entitled to withdraw from the contract or to terminate it extraordinarily for good cause, in particular if

• force majeure or other circumstances beyond the Hotel’s control make performance of the contract impossible;
• rooms were booked under misleading or false statements of material facts (e.g. regarding the identity of the guest or the purpose of the stay);
• the guest violates the house rules, in particular by significantly disturbing the peace, safety or operation of the Hotel, or behaves in a significantly disrespectful or threatening manner towards staff or other guests;
• the rooms are used for purposes other than accommodation or for unlawful activities;
• an agreed advance payment is not made despite the setting of a grace period (Section 3.4).

10.2 In the event of justified withdrawal or termination, the guest is not entitled to damages. The Hotel’s claims to the agreed remuneration or to damages remain unaffected; saved expenses and alternative rentals will be credited.

10.3 The Hotel exercises domiciliary rights. Instructions given by hotel staff must be followed within reasonable limits.

11. Liability of the Hotel

11.1 The Hotel is liable without limitation for damages arising from injury to life, body or health resulting from a breach of duty by the Hotel, its legal representatives or vicarious agents, as well as for other damages based on intent or gross negligence.

11.2 In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), i.e. obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the guest may regularly rely, the Hotel’s liability is limited to the foreseeable damage typical for this type of contract. In all other respects, liability for slight negligence is excluded.

11.3 For property brought in by the guest, the Hotel is liable in accordance with the statutory provisions of Sections 701 et seq. of the German Civil Code (BGB). Money, securities and valuables should be offered to the Hotel for separate safekeeping or should not be left unattended in the room.

11.4 The Hotel is not liable for disruptions in services merely arranged with third parties.

11.5 The above limitations of liability do not apply if the Hotel has fraudulently concealed a defect or has assumed a guarantee, nor to claims under the German Product Liability Act.

12. Liability of the Guest

The guest must leave the rooms and common areas in proper condition. The guest is liable for damage culpably caused by them or their visitors. If a contractual partner books on behalf of third parties, Section 2.3 applies.

13. Lost Property

Items left behind will only be forwarded upon request and at the guest’s expense and risk. The Hotel keeps lost property for six (6) months; thereafter, items of recognisable value will be handed over to the local lost property office or otherwise disposed of.

14. Final Provisions

14.1 Amendments and additions to the contract or these Terms must be made in text form. Unilateral amendments by the guest or contractual partner are invalid. Individual agreements remain unaffected.

14.2 The place of performance and payment is the registered office of the Hotel.

14.3 If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Hamburg. In all other cases, the statutory places of jurisdiction apply.

14.4 The law of the Federal Republic of Germany applies. For consumers habitually resident abroad, the mandatory consumer protection provisions of their country of residence remain unaffected.

14.5 Should individual provisions of these Terms be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The statutory provisions shall apply in place of the invalid provision.