GENERAL TERMS AND CONDITIONS –

Hotel Accommodation Agreement

These General Terms and Conditions govern the contractual relationship between you as a guest and us, Hotel garni DünenNest, represented by Sascha Justus (hereinafter referred to as the “Hotel”), and shall be deemed accepted upon reservation.

§1 Scope of Application

1. These Terms and Conditions apply to contracts regarding the rental of hotel rooms for accommodation purposes, as well as all further services and deliveries provided by the Hotel to the guest (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, is prohibited without the prior consent of the Hotel.

3. Terms and conditions of the guest shall only apply if expressly agreed in text form.

4. The Hotel exclusively provides accommodation services. Insofar as additional third-party services are arranged, these do not constitute the Hotel’s own travel services. The Hotel is not a tour operator within the meaning of Section 651a of the German Civil Code (BGB). External service providers shall be solely responsible for their respective services.

§2 Conclusion of Contract, Contractual Partners, Limitation Period

1. The contract shall come into effect upon acceptance of the guest’s booking request by the Hotel. The guest agrees that contract-related communication, in particular reservation confirmations, invoices, check-in information, and other notifications, may be sent electronically by e-mail. The privacy policy can be found at:

2. The contractual partners are the Hotel and the guest. If a third party has made the booking on behalf of the guest, such third party shall be jointly and severally liable together with the guest for all obligations arising from the Hotel Accommodation Contract, provided that the Hotel has received a corresponding declaration from the third party.

3. Claims against the Hotel shall become time-barred in accordance with the statutory provisions.

§3 Services, Prices, Payment

1. The Hotel is obliged to keep the rooms booked by the guest available and to provide the agreed services.

2. The guest is obliged to pay the applicable or agreed prices for the room rental and any additional services used by the guest. This shall also apply to services and expenses incurred by the Hotel towards third parties at the guest’s request.

3. The agreed prices include the applicable statutory value added tax. Local charges, such as visitor’s tax or spa tax, payable by the guest under municipal law, are not included.

4. Prices may be changed by the Hotel if the guest subsequently requests changes to the number of booked rooms, Hotel services, or the duration of stay, and the Hotel agrees thereto.

5. Invoices issued by the Hotel without a due date are payable within 10 days from receipt of the invoice without deduction.

6. Advance Payments / Terms of Payment: The Hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. For certain offers or special rates, bookings may be subject to full prepayment. Corresponding payment conditions shall be communicated to the guest before conclusion of the contract or in the reservation confirmation.

7. The guest agrees that invoices may be transmitted electronically.

§4 Withdrawal by the Guest (Cancellation) / Non-Utilization of Services

1. The guest shall have the right to cancel the contract subject to the cancellation period stated in the reservation confirmation. In the event of cancellation after expiry of the free cancellation period or in the event of non-arrival, the cancellation fees specified in the reservation confirmation shall apply. Cancellations must generally be made in text form.

2. No Right of Withdrawal for Hotel Bookings: Pursuant to Section 312g para. 2 no. 9 BGB, there is no right of withdrawal for accommodation contracts concluded for a specific period of time. Bookings made by telephone, e-mail, or via our website are therefore binding once confirmed by us.

§5 Withdrawal by the Hotel

1. If a guest has been granted a temporary right of withdrawal following a booking request (e.g. room reservation option), the Hotel shall be entitled to withdraw from the contract during this period if requests from other guests for the contractually booked room are received.

2. If an agreed advance payment is not made even after expiry of a reasonable grace period set by the Hotel together with a notice of refusal, the Hotel shall likewise be entitled to withdraw from the contract. The Hotel shall inform the guest of the exercise of the right of withdrawal.

3. Furthermore, the Hotel shall be entitled to extraordinarily withdraw from the contract for objectively justified reasons, in particular if:

   • force majeure or other circumstances beyond the Hotel’s control, such as official orders, natural disasters, pandemics, epidemics, power outages, or supply disruptions, make fulfillment of the contract impossible;

   • rooms or premises are booked under misleading or false statements or concealment of essential facts; essential facts may include the identity of the customer, solvency, or purpose of stay;

   • the Hotel has justified reason to believe that the use of the Hotel services may jeopardize the smooth operation, security, or reputation of the Hotel;

   • unauthorized subletting or re-letting exists.

4. In the event of justified withdrawal by the Hotel, the guest shall have no claim for damages.

§6 Room Availability, Handover, and Return

1. The guest shall not acquire any right to the provision of specific rooms.

2. Booked rooms shall be available to the guest from 1:00 p.m. on the day of arrival.

3. Rooms must be vacated by 11:00 a.m. on the day of departure. If the respective departure time is exceeded, the Hotel may charge the guest 50% of the agreed overnight accommodation price for use of the room between 11:00 a.m. and 5:00 p.m., and 100% of the agreed overnight accommodation price after 5:00 p.m.

§7 Use of Rooms / House Rules

1. The Hotel is a non-smoking hotel. Smoking is prohibited in all indoor areas.

2. In the event of a violation of the smoking ban, the Hotel shall be entitled to charge a reasonable cleaning fee as well as compensation for any resulting loss of use. The guest shall be entitled to prove that no damage or a significantly lower damage has occurred.

3. The Hotel concept is aimed at adults and guests seeking peace and quiet. Children under the age of 12 can therefore generally not be accommodated.

4. The Hotel concept is designed for allergy-sensitive guests. Pets are therefore generally not permitted.

5. The guest undertakes to behave considerately towards other guests and employees. In particular, disturbances of the peace, manipulation of safety equipment, unlawful use, or significant nuisance are prohibited.

6. The Hotel shall be entitled to extraordinarily terminate the accommodation contract in the event of serious violations of the house rules or disturbances to Hotel operations and to claim compensation for resulting damages and loss of use.

§8 Liability of the Hotel

1. The Hotel shall be liable for damages resulting from injury to life, body, or health caused by intentional or negligent breach of duty by the Hotel. For other damages, the Hotel shall only be liable in cases of intent or gross negligence.

2. The Hotel’s liability for items brought into the Hotel shall be governed by the statutory provisions of Sections 701 et seq. of the German Civil Code (BGB).

3. If a parking space is provided to the guest, no safekeeping agreement shall thereby come into existence. The Hotel shall not be liable for loss of or damage to parked vehicles or their contents, except in cases of intent or gross negligence.

4. Use of the common facilities and garden area shall be at the guest’s own risk. The Hotel’s liability under statutory provisions shall remain unaffected.

5. Wake-up calls shall be carried out by the Hotel with the utmost care. Claims for damages, except in cases of gross negligence or intent, are excluded.

6. Messages, mail, and goods consignments for guests shall be handled with due care. The Hotel shall assume responsibility for delivery, storage, and – upon request and against payment – forwarding of such items. Claims for damages, except in cases of gross negligence or intent, are excluded.

§9 Liability of the Guest

1. The guest shall be liable for all damages to the building, inventory, or Hotel facilities caused culpably by the guest.

2. The guest shall also be liable for culpably caused damages by accompanying persons or visitors.

§10 Miscellaneous

1. Where the guest is transported by the Hotel, liability for personal injury and property damage shall be limited in accordance with the Hotel’s motor vehicle insurance coverage.

§11 Final Provisions

1. Amendments or supplements to the contract, the booking confirmation, or these General Terms and Conditions should be made in text form. Unilateral amendments or supplements by the guest shall be invalid.

2. Place of performance and payment shall be St. Peter-Ording.

3. In commercial transactions, the exclusive place of jurisdiction – including for disputes concerning checks and bills of exchange – shall be the registered office of the Hotel. If a contractual party fulfills the requirements of Section 38 para. 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the registered office of the Hotel shall be the place of jurisdiction.

4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

5. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected. In all other respects, the statutory provisions shall apply.

   Notice pursuant to Section 36 of the German Consumer Dispute Resolution Act (VSBG): The Hotel is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.