Terms and Conditions

T&CS – GENERAL TERMS AND CONDITIONS

- 04.10.2023 -

I. SCOPE OF APPLICATION

1. These terms and conditions apply to contracts for the rental of hotel rooms of INA HOTEL GMBH (hereinafter referred to as "INA HOTELS") for accommodation as well as all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
2. The subletting or subletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of INA HOTELS in text form, whereby § 540 para. 1 sentence 2 BGB is waived, insofar as the customer is not a consumer.
3. The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.

II. CONCLUSION OF CONTRACT, CONTRACT, STATUTE OF LIMITATIONS

1. The contract is concluded upon the acceptance of the customer's request by INA HOTELS; these are the contracting parties. INA HOTELS is free to confirm the room booking in text form.
2. If a third party has placed an order on behalf of the customer, the customer shall be jointly and severally liable to INA HOTELS together with the third party for all obligations arising from the hotel accommodation contract, provided that INA HOTELS has received a corresponding declaration from the third party.
3. All claims against INA HOTELS are generally time-barred within one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by INA HOTELS or its vicarious agents. These claims for damages expire in ten years, regardless of knowledge. The shortening of the statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by INA HOTELS. Claims by consumers within the meaning of § 13 BGB are time-barred according to the statutory provisions.

III. SERVICES, PRICES, PAYMENT, SET-OFF

1. INA HOTELS is obliged to keep the rooms booked by the customer available and to provide the agreed services. In the event of a cancellation, INA HOTELS is entitled to rebook the customer in an adequate hotel.
2. The customer is obliged to pay the agreed or applicable prices of INA HOTELS for the provision of rooms and the other services used by him. This also applies to services ordered directly by the customer or through INA HOTELS, which are provided by third parties and paid for by INA HOTELS.
3. Invoices from INA HOTELS are to be paid immediately and without deduction from the date of receipt of the invoice without any due date. INA HOTELS may, at any time, demand the immediate payment of any receivables due from the customer. In the event of default of payment, INA HOTELS is entitled to claim the applicable statutory default interest at the rate of currently 9%, or in the case of legal transactions in which a consumer is involved, at the rate of 5%. INA HOTELS reserves the right to prove a higher damage.
4. The agreed prices are inclusive of taxes and local charges in force at the time of conclusion of the contract. Not included are the bed tax as well as local taxes that are owed by the guest himself according to the respective municipal law, such as tourist tax. In the event of a change in the statutory value added tax or the introduction, modification or abolition of local taxes on the subject matter of the service after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months.
5. Once the contract has been concluded, INA HOTELS is not obliged to agree to any subsequent reduction requested by the customer in the number of rooms booked, the services provided by INA HOTELS or the length of the customer's stay. If INA HOTELS agrees, it may make the consent conditional on an increase in the price of the rooms and/or other services provided by INA HOTELS.
6. At the time of conclusion of the contract, INA HOTELS is entitled to demand an appropriate advance payment from the customer up to the amount of the full accommodation prices or security deposit, for example in the form of a credit card guarantee or credit card debit. The amount of the advance payment, the payment dates and/or the security deposit must be agreed in writing. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of default of payment by the customer, the statutory provisions remain unaffected.
7. INA HOTELS is also entitled, at the beginning and during the stay, to demand from the customer an advance payment or security within the meaning of clause III.6 above for existing and future claims arising from the contract, insofar as such payment has not already been made in accordance with clause III.6 above.
8. The customer can only offset or offset against a claim of INA HOTELS against an undisputed or legally binding claim.

IV. WITHDRAWAL OF THE CUSTOMER (CANCELLATION, CANCELLATION) / NON-USE OF THE HOTEL'S SERVICES (NO SHOW)

1. A cancellation of the customer from the contract concluded with INA HOTELS is only possible if a right of withdrawal has been expressly agreed in the contract, if there is another statutory right of withdrawal or if INA HOTELS expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a termination of the contract must be made in text form.
2. If an appointment has been agreed between INA HOTELS and the customer to withdraw from the contract free of charge, the customer may withdraw from the contract until then without triggering any claims for payment or damages on the part of INA HOTELS. The customer's right of withdrawal expires if he/she does not exercise his/her right of withdrawal vis-à-vis INA HOTELS by the agreed date.
3. If a right of withdrawal has not been agreed or has already expired, there is no statutory right of withdrawal or termination, and if INA HOTELS does not agree to a termination of the contract, INA HOTELS retains the right to the agreed remuneration despite non-use of the service. INA HOTELS has to take into account the income from renting out the rooms to other parties as well as the expenses saved. If the rooms are not rented out to other parties, INA HOTELS can make a lump sum deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast as well as for package deals with third-party services. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
4. The provisions of Section IV.3. apply accordingly to half-board and full-board arrangements with the proviso that the customer must pay 80% of the contractually agreed price, unless the parties have agreed otherwise in the individual contract. Here, too, the customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.

V. WITHDRAWAL OF THE HOTEL

1. If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period of time, INA HOTELS is entitled to withdraw from the contract during this period if there are enquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon inquiry by INA HOTELS with a reasonable deadline.
2. If an application pursuant to Section III.6. If the agreed or required advance payment or security deposit has not been made even after the expiry of a reasonable grace period set by INA HOTELS, INA HOTELS is also entitled to withdraw from the contract.
3. Furthermore, INA HOTELS is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if:

• force majeure or other circumstances for which INA HOTELS is not responsible make the performance of the contract impossible;
• rooms or rooms are culpably booked with misleading or false information or concealment of material facts; the identity of the customer, the ability to pay or the purpose of the stay may be essential;
• INA HOTELS has reasonable grounds to believe that the use of the service may jeopardize the smooth running of the business, the security or the reputation of INA HOTELS in the eyes of the public, without this being attributable to the sphere of control or organization of INA HOTELS;
• the purpose or reason for the stay is unlawful;
• a violation of point I.2 above. is available

  4.  The justified withdrawal of INA HOTELS does not give rise to any claim by the customer for damages.

VI. ROOM PROVISION, HANDOVER AND RETURN

1. The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. Customer is not entitled to earlier provision.
3. On the agreed day of departure, the rooms must be vacated by 11:00 a.m. at the latest. Thereafter, due to the late vacation of the room, INA HOTELS is entitled to charge 50% of the full accommodation price (list price) until 6:00 p.m. and 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. He is free to prove that INA HOTELS has not been entitled to a usage fee or that it has a significantly lower entitlement.

VII. PETS

1. Dogs and cats (hereinafter referred to as "pets") are subject to prior notification by the guest and the consent of the hotel; for other animals, please contact the hotel with a precise species designation, whereby the hotel can refuse consent at any time and without giving reasons in all cases. A maximum of one (1) pet per single room and two (2) pets per double room can be allowed. An additional fee must be paid for each pet brought along, the amount of which will be communicated to the guest by the hotel when the guest is notified. However, exceptions are guide dogs, deaf dogs and other comparable service dogs. These can be carried free of charge and at any time.

VIII. LIABILITY OF THE HOTEL

1. INA HOTELS is liable for its obligations under the contract. Claims by the customer for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health, if INA HOTELS is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by INA HOTELS and damages based on an intentional or negligent breach of typical contractual obligations of INA HOTELS. A breach of duty on the part of INA HOTELS is equivalent to that of a legal representative or vicarious agent. In the event of disruptions or deficiencies in the services provided by INA HOTELS, INA HOTELS will endeavour to remedy the situation if the customer is aware of it or upon immediate complaint. The customer is obliged to do what is reasonable for him to remedy the malfunction and to keep possible damage to a minimum. In addition, the customer is obliged to inform INA HOTELS in good time of the possibility of an exceptionally high damage.
2. INA HOTELS is liable to the customer for items brought in in accordance with the statutory provisions. INA HOTELS recommends the use of the hotel safe; the in-room safes do not guarantee risk-free storage. If the guest wishes to bring in money, securities and valuables with a total value of more than €800 or other items with a total value of more than €3,500, this requires a separate storage agreement with INA HOTELS.
3. Even outside his room, the customer is generally obliged to take care of his belongings and valuables himself. INA HOTELS shall only be liable in accordance with Section VIII.8 above. Sets 1-4.
4. As a rule, INA HOTELS does not have its own pitches for customers. The parking of vehicles, even temporarily, does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, INA HOTELS shall only be liable in accordance with Section VIII.8 above. Sets 1-4.
5. Wake-up calls, messages, mail and consignments of goods for guests will be handled with care if this is offered. Only after prior agreement will INA HOTELS take over the delivery, storage and, on request, the forwarding of the same for a fee. INA HOTELS shall only be liable for wake-up calls, messages, mail and consignments of goods in accordance with Section VIII.8 above. Sets 1-4.
6. The photos shown on the website and in brochures are for illustrative purposes only and are for illustrative purposes. They do not constitute a guarantee of the quality of the rooms booked by the customer. Although every effort has been made to ensure that photographs, graphics and texts used to illustrate INA HOTELS give the most accurate impression of the accommodation services offered, there may be differences between the booked room and the illustrated room, in particular due to the large number of rooms, changes in equipment or any renovations. The guest is not entitled to any complaint in this regard.
7. INA HOTELS cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to the action of third parties, the guest or their partners, including unavailability of the Internet, prevented access to the website, external interventions, viruses or unauthorized advance payment by the submitter's bank.

IX. LIABILITY OF THE CUSTOMER FOR DAMAGES

1. If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, fellow travellers, visitors or other third parties from his area or himself. Consumers are subject to the statutory liability provisions.
2. INA HOTELS may require the customer to provide adequate security (e.g. insurance, deposits, guarantees).
3. All INA HOTELS are non-smoking hotels. For this reason, smoking is strictly prohibited inside the hotel, on open/half-open windows, in open/half-open doors, in underground car parks, etc. Should this lead to complaints from other guests, the smoking customer is liable. Likewise, the customer will be charged an extra fee to clean / ventilate the room separately. This depends on the damage and starts at €200. If the room is not rentable due to smoking – even for one night – the polluter can be held liable accordingly.

X. FINAL PROVISIONS

1. Changes and additions to the contract, the acceptance of the application or these general terms and conditions must be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of fulfilment and payment is the location of INA HOTELS.
3. The exclusive place of jurisdiction - also for cheque and bill of exchange disputes - is Hamburg in commercial transactions. If a contractual partner fulfils the requirements of Section 38 (2) of the Code of Civil Procedure and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be Hamburg.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.