AGB - Park-Hotel Hagenbeck: Terms and conditions for your stay

General Terms and Conditions (AGB) of Park-Hotel Hagenbeck GmbH

The following terms and conditions apply to Park-Hotel Hagenbeck GmbH (PHH).

Scope of application §1

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes and all other associated services and deliveries provided to the guest by PHH in connection with mandatory and additional optional services related to the use of the hotel rooms.
The subletting and re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the accommodation provider, whereby Section 540 (1) sentence 2 BGB is waived.
Terms and conditions of the customer and/or the guest shall only apply if this has been expressly agreed in writing in advance.
The GTC apply to all services booked via our own booking system at www.parkhotel-hagenbeck.de, partners and intermediaries commissioned by us (such as online booking platforms)

§2 Conclusion of contract, partners, limitation period

The accommodation contract is concluded when PHH accepts the customer's application and confirms it with a booking confirmation in text form within 24 hours of receipt of the guest's booking. The terms and conditions and house rules are thereby recognized and confirmed at the latest with the signature of the registration form.
If no confirmation is received within 24 hours of the guest's booking, no contract is concluded.
The contracting parties are the accommodation provider and the customer. If a third party has booked on behalf of the customer (contingent contract or group booking), it is liable to PHH together with the guest as joint and several debtor for all obligations arising from the accommodation contract, provided that PHH has received a corresponding declaration from the third party. The third party then becomes a party to the contract.
A group booking is deemed to exist if more than nine rooms per night are booked by a contracting party in the course of one or more booking transactions that are related in terms of time and/or subject matter. A group booking is independent of the booking method. It may be made in person, by telephone, by fax, by e-mail, in writing, via "www.parkhotel-hagenbeck.de", via intermediaries (e.g. so-called online portals) or by other means.
All claims against PHH are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of Section 199 (1) BGB. Claims for damages shall become time-barred within five years regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty or justified withdrawal by PHH.

§3 Services, prices, payment, offsetting

The services consist in particular of the provision of hotel rooms and other premises for use against payment, e.g. for seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organization of cultural and sporting events and other programmes, the implementation of special health-promoting measures or comparable offers, as well as for all other related services and deliveries by PHH. PHH is entitled to have its services performed by third parties.
PHH is obliged to keep the rooms booked by the customer or equivalent replacements available and to provide the agreed services. The company is free to define industry-standard restrictions such as minimum stays, advance payments and booking guarantees for certain dates.
The customer is obliged to pay PHH's applicable or agreed prices for the provision of the room and the other services used by the customer. This also applies to services and expenses of PHH to third parties arranged by the guest.
The agreed prices include the applicable statutory value added tax. If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the accommodation provider for such services increases, the accommodation provider may increase the contractually agreed price appropriately, but by no more than 10%. If the period between conclusion and fulfillment of the contract is less than four months, the change in the VAT rate shall be charged to the customer if the customer is a merchant within the meaning of the German Commercial Code (HGB). Local taxes such as city tax and visitor's tax are not included and therefore charged separately, even if they are incurred after the booking date.
The prices may also be changed by PHH if the guest subsequently requests changes to the number of rooms booked, the services provided by PHH or the length of stay of the guests and PHH agrees to this.
Invoices will also be issued digitally in pdf format after 01.01.2025, but not as e-invoices within the meaning of EU Directive 2014/55/EU or the European standard for electronic invoicing EN-16931. Park-Hotel Hagenbeck GmbH may, at its own discretion, convert invoicing to e-invoices within the statutory transition periods.
Invoices from PHH without a due date are payable immediately upon receipt of the invoice without deduction. PHH is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, PHH shall be entitled to charge the applicable statutory default interest. PHH reserves the right to provide evidence of higher damages.
PHH is entitled to demand a reasonable advance payment and security upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates may be agreed in writing in the contract. The company is also free to immediately check the validity of credit cards provided and to carry out a pre-authorization.
The customer may only offset, retain or reduce a claim by PHH with a claim that is undisputed or legally binding.

§4 Events

In order to enable PHH to make careful preparations, the contracting party must inform PHH of the final number of participants at least five days before the start of the event. If the contracting party informs PHH of a higher number of participants than agreed, this higher number shall only become part of the contract if PHH agrees to this in writing. If PHH does not agree in writing, the contracting party is not entitled to hold the event with a higher number of participants. If PHH agrees, invoicing shall be based on the new agreement (possibly with additional expenses). The Contractual Partner is not entitled to consent. Irrespective of the notification of the number of participants, invoicing shall be based on the contractual agreements. If fewer participants actually take part in the event, this shall be irrelevant for invoicing purposes.
If the agreed start time of an event is postponed, PHH is entitled to charge the contracting party for all additional costs incurred as a result.
Reserved rooms shall only be available to the Contractual Partner within the period agreed in writing. Any use beyond this period requires the written consent of PHH and will generally only be granted for an additional fee. PHH reserves the right to make changes to the room, provided these are reasonable for the Contractual Partner, taking into account PHH's interests.
For events that extend beyond midnight, PHH may charge €50.00 plus VAT per booked service employee and per hour or part thereof. The contracting party is liable to PHH for additional services provided to the event participants or to third parties in connection with the event.
The contracting party shall obtain all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Fees payable to third parties for the event, such as GEMA fees, entertainment tax, etc., must be paid by the contractual partner to the creditor without delay.
The contracting party shall be liable for the conduct of its employees, event participants and other auxiliary staff in the same way as for its own conduct. PHH may require the contracting party to provide appropriate security (e.g. insurance, deposits, guarantees).
In order to prevent damage, the attachment and installation of decorative material or other objects must be agreed with PHH in advance. Exhibits and other items brought to the event must be removed at the end of the event. If the contracting party fails to comply with this provision, PHH shall be entitled to remove and store such items at the contracting party's expense. Any transport packaging, outer packaging and all other packaging materials brought in must be disposed of by the contracting party at its own expense. Disposal may be subject to a charge if the contracting party leaves the packaging behind after the end of the event. All items brought in during the event, such as decoration material and the like, must comply with all applicable regulations.
PHH does not provide insurance cover for items brought in. The contracting party is solely responsible for taking out the necessary insurance.
Any malfunctions or defects in equipment provided by PHH shall be remedied to the extent that PHH is able to do so. The contracting party may not derive any claims in this connection.
If the contracting partner brings in its own electrical equipment, this shall require the consent of the hotel management prior to connection to the electricity grid. The electricity consumption incurred shall be charged in accordance with the applicable supply and working prices as charged to PHH by the utility company. PHH is free to record and charge a flat rate. Any faults or defects in PHH's technical equipment caused by the connection shall be borne by the Contractual Partner.
If PHH procures technical or other equipment from third parties for the Contractual Partner, PHH shall act in the name and for the account of the Contractual Partner; the Contractual Partner shall be liable for the careful handling and proper return of such equipment and shall indemnify PHH against all claims of third parties upon first written request. PHH shall not be liable for failure to procure the equipment on time or for defects in the equipment procured.
The Contractual Partner may not bring food and beverages to the events. In special cases (e.g. national specialties etc.), a written agreement may be made; in such cases, a general costs fee will be charged less the proportionate cost of goods.
Newspaper advertisements containing invitations to job interviews or sales events generally require the prior written consent of PHH. If a publication is made without consent, PHH has the right to cancel the event.
Any kind of advertising, information, invitations that make reference to the hotel, in particular by using the hotel name, requires the prior written consent of the hotel.
All terms and conditions governing the use of rooms shall apply mutatis mutandis to events, unless more specific provisions are contained in Section 4 for events.

§5 Withdrawal by the customer (cancellation), non-utilization of accommodation services (no show)

Withdrawal by the customer from the contract concluded with the accommodation provider requires the written consent of PHH. If this is not given, the agreed price under the contract must be paid even if the guest does not make use of contractual services. This does not apply in the event of a breach of PHH's obligation to take into account the rights, legal interests and interests of the guest, if the guest can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of withdrawal.
If PHH and the customer have agreed in writing on a date for free or only partially charged withdrawal from the contract, the guest may withdraw from the contract up to that date without triggering payment and damage compensation claims by PHH. The conditions can already be seen in the shopping cart during the booking process. The right of withdrawal expires if the guest does not exercise his right of withdrawal in writing vis-à-vis PHH by the agreed date, unless there is a case of withdrawal by the guest pursuant to Clause IV No. 1 sentence 3.
In the case of rooms not used by the customer, PHH shall offset the income from the re-letting of the rooms and the expenses saved.
If the stay is shortened, PHH reserves the right to adjust the rate according to the number of nights actually used. Possible additional costs are to be paid in addition to the agreed fee for cancellation.
PHH is free to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. The customer is then obliged to pay 90% of the contractually agreed price for the rental of the rooms. However, the customer is entitled to prove that PHH has incurred no loss or a significantly lower loss.

§6 Withdrawal by PHH

If the customer's right to withdraw free of charge within a certain period has been agreed in writing, PHH is entitled to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked rooms and the guest does not waive his right of withdrawal upon enquiry by PHH.
If an agreed advance payment or an advance payment requested in accordance with § 3 above is not made even after a reasonable grace period set by PHH has expired, PHH is also entitled to withdraw from or terminate the contract.
Furthermore, PHH is entitled to extraordinary withdrawal from the contract for objectively justified reasons, for example if
- force majeure, pandemics or other circumstances for which PHH is not responsible make it impossible to fulfill the contract
- rooms are booked under misleading or false statements of material facts, e.g. in the person of the guest or the purpose,
- PHH has reasonable grounds to believe that the use of PHH's services may jeopardize the smooth operation of PHH's business, its security or public reputation, without this being attributable to PHH's sphere of control and organization,
- there is a breach of the above § 1.2.
PHH must inform the customer and the guest of the exercise of the right of withdrawal/termination without delay.
In the event of justified withdrawal by PHH, the customer and the guest shall have no claim to compensation.

Room provision, handover and return

The guest is not entitled to the provision of specific rooms unless expressly agreed in the contract.
Booked rooms are available to the guest from 3 p.m. on the agreed day of arrival. The guest is not entitled to earlier availability. Unless otherwise agreed, PHH has the right to allocate booked rooms to other guests after 6 p.m. without the contractual partner being able to derive any rights or claims from this.
On the agreed day of departure, the rooms must be vacated and made available by PHH by 12:00 noon at the latest. Thereafter, PHH may charge 50% of the full accommodation price (list price) for the delayed vacating of the room until 3 p.m., and 100% from 3 p.m. onwards. This shall not give rise to any contractual claims on the part of the guest. The guest is free to prove that PHH has no or a significantly lower claim to a usage fee. If a key or key card issued is lost or not returned on departure, a fee of €40.00 may be charged. Should the loss of the key or key card or the locking out of the room necessitate the deployment of a security service, PHH reserves the right to charge the contractual partner a flat-rate fee of €50.00 per deployment.
Smoking is not permitted in the entire building, including the rooms. In the event of a violation, the guest will be charged a flat-rate compensation fee of €250.00. Should PHH incur further damage costs (e.g. fire department deployment, destroyed furniture, etc.), these will be passed on to the guest.
The guest is obliged to provide all relevant personal data in accordance with the Federal Registration Act truthfully in advance online, but at the latest on arrival in the form of a registration form and to provide proof of this on request.

§8 Liability

PHH shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the guest for damages are excluded. This does not apply to damages resulting from injury to life, limb or health if PHH is responsible for the breach of duty. The same applies to other damages resulting from an intentional or grossly intentional breach of duty by PHH and damages resulting from an intentional or negligent breach of typical contractual obligations by PHH. A breach of duty by PHH is equivalent to a breach of duty by a legal representative or vicarious agent.
PHH shall be liable to the guest for items brought into the accommodation in accordance with the statutory provisions. Liability claims expire if the guest does not notify PHH immediately after becoming aware of the loss, destruction or damage (Section 703 BGB). For any further liability of PHH, the above § 1 points 2 to 4 apply accordingly.
If the guest is provided with a parking space in the hotel's own parking lot, even for a fee, this does not constitute a safekeeping agreement. PHH shall not be liable for loss of or damage to motor vehicles, motorcycles and bicycles parked or maneuvered on the property and their contents, except in cases of intent or gross negligence. The above § 1 points 2 to 4 apply accordingly. The terms and conditions and privacy policy for the use of the hotel's underground parking garage for short-term parkers are clearly legible on signs posted at the entrance to the parking garage.
PHH is liable for all damage culpably caused by the guest himself, his employees or his visitors in the PHH or to the inventory itself. PHH must be notified immediately of any such damage, whereby PHH is free to charge a lump sum for damages.
In the case of arranged services (not package tours), PHH is not liable for the provision of services by third-party service providers or transportation companies, but only for the proper arrangement of the travel service and for the proper forwarding of information from the service provider to the participant.
No liability is assumed for lost property. They will only be returned on request for a fee. The accommodation provider undertakes to store them for 6 months.
Insofar as PHH procures third-party services, technical or other equipment from third parties for the customer, the latter acts on behalf of and for the account of the guest; the guest is liable for the careful handling and proper return of the equipment and indemnifies PHH against all third-party claims arising from the provision of this equipment.
By reserving a room, the guest may use the designated public areas, such as the lobby, community space, fitness and sauna area, etc., free of charge. PHH reserves the right to close these public areas at short notice without prior notice. In the event that a public area is unavailable, the guest is not entitled to partial or full reimbursement of their costs for the overnight stay. The public areas are therefore not considered part of the scope of services.
The liability of PHH, its legal representatives and vicarious agents for damages resulting from injury to life, limb or health, as well as liability under the Product Liability Act and liability due to a fraudulently concealed defect or the assumption of a quality guarantee is not limited by these GTC. Furthermore, these GTC do not limit PHH's liability for damages based on an intentional or grossly negligent breach of duty by PHH, its legal representatives or vicarious agents. If none of the aforementioned cases applies, PHH's liability for damages resulting from the breach of an obligation which is essential for the achievement of the purpose of the contract, the fulfillment of which is therefore essential for the proper performance of the contract and on the observance of which the member relies and may rely (essential contractual obligation), is limited to the foreseeable damage typical for the contract. Otherwise, PHH's liability is excluded. Insofar as liability for damages is limited under this clause, this also applies to any liability of PHH's vicarious agents and legal representatives.

Obligations of the guest

The guest is obliged to personally comply with statutory registration requirements. They are also obliged to provide truthful information about themselves on the registration forms provided by us and to identify themselves on request by presenting an official identity card or passport. This is requested, for example, during digital check-in by uploading a photo of the ID.
The occupancy of the room with more than the booked number of persons requires our prior consent in text form. This also applies in particular to the provision of overnight accommodation to third parties, even if this is free of charge.
Subletting is not permitted.
The keeping of animals requires prior written consent in text form. This may incur additional costs, for example for cleaning.
If the period of stay for room bookings is extended, a new reservation must be made up to 14 days before the end of the contract. A tacit extension of the reservation is excluded. If the guest does not move out in good time, this shall constitute unauthorized occupation. PHH is entitled to make use of its right of self-help in this respect, to take possession of the room and to temporarily store the guest's belongings in a storage room at the guest's expense and risk, exercising a right of lien.
PHH is entitled to enter the rooms during the guest's stay at normal times of day for the purpose of cleaning and maintaining the premises.
It is the guest's responsibility to check whether the guest's stay in a room is subject to registration under the German Residents' Registration Act. The guest acknowledges that - if the guest registers for the period of the stay in a room - the guest may have to pay fees, in particular broadcasting fees for the room to the collecting authority.
Messages, post and consignments for guests are handled with care. PHH will deliver, store and - on request - forward them for a fee. Claims for damages, except for gross negligence or intent, are excluded.

§10 Final provision

Amendments and supplements to the contract, the acceptance of applications or the General Terms and Conditions for PHH must be made in writing. This also applies to the waiver of this written form requirement. Unilateral amendments or additions by the guest or booker are invalid.
The place of performance and payment is the registered office of PHH
PHH reserves the right to expel guests or visitors from the property. This applies in particular if guests do not follow the instructions of PHH staff, make discriminatory comments, harass or endanger other guests and visitors.
The exclusive place of jurisdiction - also for disputes relating to checks and bills of exchange - in commercial transactions is the registered office of PHH. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of PHH.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws shall be excluded.
Should individual provisions of these General Terms and Conditions for Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

Status December 2024