General Terms and Conditions

General Terms and Conditions

I. Scope

1. The following General Terms and Conditions are an integral part of every agreement between DS-Rendite-Fonds GmbH & Co. Club- und Sporthotel Grömitz KG, Stockholmer Allee 53, 44269 Dortmund (hereinafter known as: the Hotel) and the guest (hereinafter known as: the Customer) for accommodation at the Carat Golf & Sporthotel residence in Grömitz. These General Terms and Conditions likewise form an integral part of every agreement for rental of holiday apartments of the Carat Golf & Sporthotel residence in Grömitz. These agreements are concluded by DS-Rendite-Fonds GmbH & Co. Club- und Sporthotel Grömitz KG solely on behalf of and on the account of the respective owner.
2. The Hotel provides its services exclusively based on these General Terms and Conditions, which can be consulted at any time at this website and are sent to the Customer by email in the event of conclusion of an agreement.
3. Should you have any occasion for complaint, you can contact us at the following address:
   
   Carat Golf und Sporthotelresidenz
   Strandallee 4
   23743 Grömitz
   Telephone 04562 / 3910

II. Agreement conclusion

1. The agreement comes into being when the Hotel accepts the Customer's booking request.
2. The Hotel also offers Customers the option of booking hotel rooms and holiday apartments through the webpage. To do this, the Customer selects the desired rooms / apartments in addition to any additional services via the booking screen. After the Customer has selected the desired services, s/he is displayed his/her selection in the shopping basket. The Customer can empty the shopping basket again at any time by clicking the “Delete” button in the shopping basket window or by closing the browser window. The changes can be made using the keyboard and mouse. By clicking the “Continue” button, the Customer is transferred to a page where s/he can register as a Customer, if s/he does not yet have any access data. The Customer can then enter his/her user name and password, or continue the booking process as a “guest”. If no further changes are to be made to the order, the booking process can be completed and a binding booking submitted by clicking the “Book with obligation to pay” button.
3. The Customer will be informed of receipt of the booking by email. This booking confirmation also simultaneously represents acceptance of the agreement by the Hotel. The agreement thus bindingly comes into force.
4. The Hotel saves the booking request and the order data entered at the same time according to the enclosed privacy statement. Furthermore, the Customer also receives his/her order data by email.
5. German is the language used for conclusion and execution of this agreement.

III. Services, payment options

1. The Hotel undertakes to keep the rooms booked by the Customer available according to the agreed room category and provide the agreed services. The Customer does not acquire any claim to allocation of particular rooms; the subject of the agreement is always a specific room category.
2. The Customer undertakes to pay the Hotel’s currently applicable and/or agreed prices for the room rental and for the additional services of which s/he makes avail. This also applies to services and expenses that the Hotel has arranged with third parties on the Customer’s behalf.
3. Subletting or subleasing of the rooms provided as well as their use for purposes other than accommodation is not allowed.
4. The agreed prices include statutory value added tax in addition to local taxes.
5. Payment of the Hotel’s services is due on site. The payment options of cash, credit card or EC card are available to the Customer in this case.
6. Any vouchers that the Customer purchases through the webpage can be paid by xxx. The vouchers are valid for a period of three years and can be redeemed for the services offered by the Hotel up to the amount indicated on the voucher. In the event of a partial redemption, the remaining amount remains on the voucher and can be redeemed until the voucher expires.
7. Vouchers for designated services are valid for a period of three years and can only be redeemed in connection with a booked stay. No partial redemption is possible with these vouchers.

IV. Cancellation and change of reservation

1. The Hotel grants the Customer a voluntary contractual right of withdrawal on a goodwill basis, with the stipulation that the booking can be cancelled free of charge up to 14 days before the booked travel period. Bookings over New Year can be cancelled free of charge up to 28 days before the booked travel period. The Customer may withdraw from the agreement within this period, without incurring any claims for payment or compensation on the Hotel’s part. The Hotel is to be notified of cancellation in text form.
   
   The voluntary right of withdrawal is granted subject to the proviso that there are no further requests for the rooms / apartments booked by the Customer. If there are further requests for the rooms / apartments booked by the Customer, the Hotel will contact the Customer and inform him/her that there are legitimate reasons for restricting the ability to cancel. In this case, the Customer shall have the option of waiving his/her contractual right of withdrawal or of withdrawing from the agreement.
2. If the Customer withdraws from his/her booking after expiry of the periods mentioned under item 1 and does not make avail of the booked rooms / apartments and the Hotel is unable to reoccupy the latter, the Customer shall bear the agreed costs, with the Hotel’s making a flat-rate deduction for saved expenditure as follows:
   
   in case of bookings of rooms / apartments with or without breakfast, a 20% flat-rate deduction for saved expenditure shall be made. In such cases, the Customer shall pay 80% of the agreed price. If a half-board arrangement is booked, a 30% flat-rate deduction for saved expenditure on the Hotel’s part shall be made and the Customer shall therefore pay 70% of the agreed price. When a full-board arrangement is booked, a 40 % flat-rate deduction for saved expenditure on the Hotel’s part shall be made and the Customer shall therefore remain obliged to pay 60 % of the agreed price.
   
   The Customer shall be entitled to prove that the Hotel has saved expenditure to a greater extent and that this must also be deducted from the price to be paid.
3. As an alternative to non-use of the rooms, the Hotel also offers the Customer the option of a change of reservation after expiry of the contractual right of withdrawal. In this case, the Customer can postpone the travel period within the next six months within the framework of the same or a higher-quality room category, subject to availability. No contractual right of withdrawal exists for changes of reservation. A processing fee of 30.00 € is charged for changes of reservation.

V. Room allocation, check-in and check-out

1. The Customer does not acquire any claim to allocation of particular rooms.
2. Booked rooms are available to the Customer from 4 p.m. onwards on the agreed day of arrival. The Customer is not entitled to earlier availability.
3. If the Customer plans to arrive after 6 p.m., the Hotel is to be notified accordingly. If the Hotel does not receive any notification of late arrival by 6 p.m. on the day of arrival, it will attempt to rent out the booked rooms / apartments elsewhere in order to fulfil its obligation to minimise losses. The Customer will be contacted in this connection via the contact data recorded at the time of booking. If no feedback is obtained from the Customer, the Hotel shall be entitled to rent out the rooms elsewhere.
4. The rooms or apartments are to be vacated and made available by 11.00 a.m. at the latest on the agreed day of departure. In the event of late vacation of the room, the Hotel shall be entitled to demand compensation for the use over and beyond the agreement.

VI. Liability on the part of the Hotel

1. The Customer is entitled to a statutory right of liability for defects. The statutory provisions shall apply with regard to liability for defects, unless otherwise stipulated in the following limitations of liability concerning compensation.
2. The Hotel’s liability for damages shall be limited in amount to the damages foreseeable and typical for the agreement at the time of conclusion thereof, except in the case of deliberate action or gross negligence or in case of damages resulting from injury to life, limb and health and the breach of essential contractual obligations (i.e. provision of the booked rooms / apartments). This shall also apply to indirect consequential damage, i.e. in particular loss of profit. The limitation of liability shall also apply in favour of the Hotel’s agents of vicarious liability.
3. The Hotel shall be liable towards the Customer for items brought in pursuant to the statutory provisions of §§ 701 ff. of the BGB (German Civil Code).
4. The Hotel handles wake-up requests with the utmost care. Messages, post and merchandise deliveries for guests are handled with care. The Hotel takes charge of delivery, storage and - on request - forwarding of the same against a fee.

VII. Right of withdrawal

1. According to § 312 g II no. 9 of the BGB, the right of withdrawal shall not apply to agreements for provision of services in the areas of accommodation for purposes other than residential use, transport of goods, vehicle rental, delivery of food and beverages and for provision of further services in connection with leisure activities if the agreement stipulates a specific date or period for said provision. Consequently, you are not entitled to any right of withdrawal when booking hotel rooms and holiday apartments.
2. The Customer is entitled to a statutory right of withdrawal during purchase of vouchers by consumers through the webpage. The Customer will be informed of this fact within the context of the order.

VIII. Information concerning online settlement of disputes

1. The European Commission provides a platform for online out-of-court settlement of disputes (OS platform), accessible at http://ec.europa.eu/odr.
2. We are neither obliged nor prepared to participate in a dispute settlement procedure before a consumer arbitration body.

IX. Final provisions

Applicable Law is the Law of the Federal Republic of Germany. Compelling provisions of the country of the Customer’s usual place of abode shall remain unaffected.

Last revised: 6th April 2018