General Terms and Conditions for the Hotel Accommodation Agreement

§ 1 Scope of Application

1. These Terms and Conditions apply to the provision of hotel rooms (hotel accommodation contract), all additional services and deliveries provided to the customer in this context, as well as to the temporary provision of conference, meeting, banquet and (other) event spaces (event contract) for the purpose of holding events of any kind, such as meetings, conferences, seminars, family and other celebrations and other events, including all additional services and deliveries provided to the customer in this connection, in particular gastronomic services provided by the Atlantic Grand Hotel Travemünde.
2. Deviating provisions, in particular the customer’s own general terms and conditions, shall not apply unless they are expressly acknowledged by the hotel in writing.
3. Where reference is made in these General Terms and Conditions to “the Hotel”, this shall mean the Atlantic Grand Hotel Travemünde.

§ 2 Conclusion of Contract, Contracting Parties, Limitation Period

1. The hotel accommodation contract and the event contract are each concluded upon written confirmation in text form by the Atlantic Grand Hotel Travemünde following the customer’s booking request. The hotel accommodation contract may also be concluded by verbal confirmation if the booking request is made for the same day. In the case of bookings via the hotel’s own website, the contract is concluded by clicking the button “BOOK WITH OBLIGATION TO PAY”. With the booking request, the reason for and purpose of the event must be stated.
2. Contracting parties are the Atlantic Grand Hotel Travemünde and the customer. If a third party makes the booking on behalf of the customer, the third party shall be liable to the hotel as the ordering party jointly and severally with the customer for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the third party. Irrespective of this, each ordering party is obliged to pass on all booking-relevant information, in particular these General Terms and Conditions, to the customer.
3. The Atlantic Grand Hotel Travemünde may require from the customer and/or the third party a reasonable advance payment and/or security (e.g. insurance, deposits, guarantees), also to secure against possible damage.
4. Subletting or reletting of the rooms, areas or other spaces provided and/or their use for purposes other than those stated in the booking confirmation require the prior consent of the hotel in text form. The right of termination pursuant to § 540 para. 1 sentence 2 of the German Civil Code (BGB) is excluded.

§ 3 Services, Prices, Payment, Set-Off

1. The hotel is obliged to provide and render the services ordered by the customer and confirmed by the hotel in accordance with these General Terms and Conditions.
2. The customer is obliged to pay the prices applicable or agreed for the confirmed services and those actually used, as charged by the Atlantic Grand Hotel Travemünde. This also applies to services and expenses incurred by the hotel vis-à-vis third parties at the request of the customer or the ordering party. In addition, the customer and the ordering party are liable for payment of all services ordered by event participants, in particular food and beverages, as well as any other costs caused by event participants.
3. The agreed prices include the applicable statutory value-added tax. Local taxes owed by the guest under municipal law, such as visitor’s tax, are not included. If the period between conclusion of the contract and performance exceeds six months and the price generally charged by the Atlantic Grand Hotel Travemünde for such services increases, the hotel may increase the contractually agreed price accordingly, but by no more than 5%.
4. The prices may also be changed by the Atlantic Grand Hotel Travemünde if
   1. in the case of a hotel accommodation contract, the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the customer’s length of stay and the hotel agrees;
   2. in the case of an event contract, the customer subsequently requests changes to the size and/or number of booked areas and rooms, the number of participants, the hotel’s services and/or the duration of the event and the hotel agrees.

   If no event duration has been agreed, the hotel may charge additional expenses, in particular for personnel, for events extending beyond 11:00 p.m.

5. Invoices of the Atlantic Grand Hotel Travemünde are payable immediately upon receipt without deduction. The customer agrees that invoices may be transmitted electronically. In the event of default, the hotel is entitled to charge default interest at a rate of 5 percentage points above the applicable base interest rate for consumers. In commercial transactions, the default interest rate shall be 9 percentage points above the applicable base interest rate. The hotel reserves the right to assert further damages. For each reminder after default has occurred, the ATLANTIC Hotel may charge a reminder fee of EUR 15.
6. The hotel is entitled to make all claims accrued during the customer’s event at the ATLANTIC Hotel due at any time by issuing an interim invoice and to demand immediate payment.
7. The customer may only offset or reduce claims against claims of the Atlantic Grand Hotel Travemünde with undisputed or legally established claims.
8. The hotel reserves the right to conduct a credit check and, in the event of a negative result, to withdraw from the contract or to require advance payment.

§ 4 Withdrawal by the Customer (Cancellation) / Non-Utilization of Hotel Services (No Show)

1. The customer may withdraw from the contract concluded with the hotel only if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists, or the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to cancellation should be made in text form.
2. If a deadline for free exercise of the right of withdrawal has been agreed, the customer may withdraw from the contract up to that time without triggering any payment or damage claims by the hotel. The customer’s right of withdrawal expires if it is not exercised in text form vis-à-vis the hotel by the agreed deadline.
3. If no right of withdrawal has been agreed or if it has already expired, and no statutory right of withdrawal exists and the hotel does not agree to cancellation, the hotel shall retain its claim to the agreed remuneration despite non-utilization of the service. The hotel shall credit income from other rentals of the rooms as well as saved expenses. If the rooms are not rented otherwise, the ATLANTIC Hotel may demand the contractually agreed remuneration and may lump-sum the deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractual price for overnight stays with or without breakfast as well as for package arrangements including third-party services, 70% for half-board arrangements and 60% for full-board arrangements. The customer is free to prove that the above claim did not arise or did not arise in the stated amount.

In addition, the following applies to event contracts:

1. If the right to free withdrawal has not been agreed or has already expired, no statutory right to free withdrawal exists and the hotel does not agree to free cancellation, the contractually expressly stated area and room costs as well as services commissioned from third parties shall be payable even if the contractual services are not used. If the area and room costs were not expressly stated in the contract but included proportionately in the conference package, the hotel may invoice the proportion attributable to area/room costs multiplied by the agreed number of participants. Income from any other rental of the areas/rooms shall be credited.
2. If the customer withdraws between the 12th and the 8th week before the event date, the hotel is entitled to charge an additional 25%, between the 8th and the 4th week before the event date 50%, and in the case of any later withdrawal 75% of the lost food and beverage revenue.
3. The food and beverage revenue shall be calculated according to the formula: menu price of the event plus beverages multiplied by the number of participants. If no price has yet been agreed for catering, the least expensive three-course menu from the respective current event offer shall be applied. Beverages shall be calculated at one third of the menu price.
4. If a conference package per participant has been agreed, the hotel is entitled to charge, in the event of withdrawal, 25% between the 12th and 8th week before the event date, 50% between the 8th and 4th week before the event date, 75% between the 4th week and the 4th day before the event date, and 100% thereafter of the conference package multiplied by the agreed number of participants.
5. The deduction of saved expenses is taken into account in numbers 2 to 4. The customer is free to prove that the above claim did not arise or did not arise in the stated amount. The hotel is free to prove higher damages.

§ 5 Withdrawal by the Hotel

1. If the customer has been granted a right of free withdrawal pursuant to Section IV para. 2, the hotel is likewise entitled to withdraw from the contract within the agreed period if inquiries from other customers exist for the booked rooms or areas/spaces and the customer does not finally confirm the booking within a reasonable period upon request by the hotel.
2. If an advance payment or security agreed pursuant to Section II para. 3 is not provided within a reasonable period set for this purpose, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for good cause, in particular if:
   • force majeure or other circumstances not attributable to the hotel make performance of the contract impossible;
   • rooms or areas/spaces are booked under misleading or false information regarding essential facts, e.g. regarding the person of the customer or the purpose;
   • the hotel has justified reason to assume that use of the hotel’s services may endanger the smooth operation of the business, the security or the public reputation of the Atlantic Grand Hotel Travemünde, without this being attributable to the hotel’s sphere of control or organization;
   • the purpose or occasion of the stay or event is unlawful;
   • unauthorized subletting or reletting pursuant to Section II para. 4 exists;
   • a case pursuant to Section VI para. 3 exists;
   • obligations pursuant to Section VII para. 3 are not fulfilled or not properly fulfilled or their fulfillment is not or not properly evidenced to the hotel;
   • the hotel becomes aware of circumstances indicating that the customer’s financial situation has deteriorated significantly after conclusion of the contract, in particular if the customer fails to settle due claims of the hotel or does not provide sufficient security and the hotel’s payment claims appear to be at risk;
   • the customer has filed an application for the opening of insolvency proceedings, has submitted an affidavit pursuant to § 807 of the German Code of Civil Procedure, has initiated out-of-court debt settlement proceedings or has ceased payments;
   • insolvency proceedings are opened over the customer’s assets or their opening is rejected due to lack of assets or for other reasons.
4. The hotel shall notify the customer immediately in writing of the exercise of the right of withdrawal.
5. In the aforementioned cases of withdrawal, the customer shall have no claim for damages.

§ 6 Arrival and Departure

1. The customer does not acquire a claim to the provision of specific rooms or areas/spaces unless the hotel has confirmed the provision of specific rooms or areas/spaces in writing.
2. Booked hotel rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier availability.
3. Booked hotel rooms must be occupied by the customer no later than 6:00 p.m. on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hotel has the right to allocate booked rooms to others after 6:00 p.m. without the customer deriving any claims for compensation therefrom. In this respect, the hotel has a right of withdrawal.
4. On the agreed day of departure, hotel rooms must be vacated and made available to the hotel no later than 11:00 a.m. Thereafter, the hotel may charge, in addition to any damages incurred, the day room rate for use of the room until 6:00 p.m., and 100% of the full applicable accommodation rate after 6:00 p.m. The customer is free to prove that no damage or significantly lower damage has been incurred.

§ 7 Obligations / Liability of the Customer

1. Exhibits or other items brought in, including personal items, are at the contracting party’s risk in the event areas or within the Atlantic Grand Hotel Travemünde. The hotel assumes no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel. Statutory liability pursuant to §§ 701 et seq. BGB remains unaffected.
2. The attachment of decorative material or similar items and the use of hotel areas outside the rented rooms or areas/spaces, e.g. for exhibition purposes, require the hotel’s written consent and may be made dependent on payment of additional remuneration. These and other items brought in by the customer must comply with local fire safety and other regulations. If not collected immediately, but no later than within 12 hours after the end of the event, they shall be stored at the hotel, for which reasonable remuneration, at least equal to the rental costs for the used areas, shall be owed by the customer. Waste left behind by the customer may be disposed of by the hotel at the customer’s expense.
3. Any official permits required for an event must be obtained by the customer in good time and at the customer’s own expense. The customer is responsible for compliance with public-law requirements and other regulations. Any charges payable to third parties in connection with the event, in particular GEMA fees, entertainment tax, etc., must be paid directly to the respective creditor.
4. The customer may generally not bring food and beverages to events. In special cases (e.g. national specialties), a written agreement may be concluded; at a minimum, a service charge or corkage fee shall be charged. An exception applies if a separate agreement has been made with the hotel in the case of parallel commissioning of a catering service provider.
5. The customer undertakes to inform the hotel immediately and without being requested, at the latest upon conclusion of the contract, if the provision of services and/or the event, due to its political, religious or other character, is likely to attract public interest or affect the hotel’s interests. Newspaper advertisements, other advertising measures and publications that refer to the hotel and/or include, for example, invitations to job interviews or sales events, generally require the hotel’s written consent. If the customer breaches this duty of disclosure or if publication occurs without such consent, the hotel has the right to cancel the event. In this case, the provisions of Section V of these General Terms and Conditions (Withdrawal by the Hotel) shall apply accordingly.
6. The customer and the ordering party are liable for all damage to buildings or inventory caused by event participants, event visitors, employees or other third parties from their sphere or by themselves or their legal representatives.

§ 8 Liability of the Hotel, Limitation Period

1. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy them upon immediate notification by the customer. If the customer culpably fails to notify the hotel of a defect, no claim for reduction of the contractually agreed remuneration shall arise.
2. The hotel is liable in accordance with statutory provisions for all damages resulting from injury to life, body or health.
3. The hotel is liable for other damages caused by slight negligence only if these are attributable to the breach of a material contractual obligation or a cardinal obligation in a manner that endangers the purpose of the contract. In such cases, liability is limited to the foreseeable damage typical for the contract.
4. For other damages, the hotel’s liability is further limited for each individual case of damage and for all cases of damage arising out of or in connection with the contractual services to a maximum amount of EUR 5,000,000 for property damage and a maximum of EUR 100,000 for financial loss. Liability limitations and exclusions do not apply if the damage is based on an intentional or grossly negligent breach of duty by the hotel, its legal representatives or senior employees.
5. The above liability limitations apply to all claims for damages regardless of their legal basis, including claims arising from tort. They also apply to any claims for damages by a customer against employees or vicarious agents of the hotel. They do not apply in cases of liability for defects following the assumption of a guarantee for the quality of a thing or work, in cases of fraudulently concealed defects, or in cases of personal injury.
6. The hotel is liable for items brought in by the customer in accordance with statutory provisions, i.e. up to one hundred times the accommodation price, but not exceeding EUR 3,500. Liability for valuables (cash, jewelry, etc.) is limited to EUR 800. Cash and valuables kept in the hotel safe are insured up to a maximum value of EUR 10,000. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage.
7. If a parking space in the hotel garage or on a hotel parking lot is made available to the customer, even against payment, no safekeeping contract is concluded. The hotel has no duty of supervision. The hotel is not liable for loss of or damage to vehicles parked or maneuvered on the hotel premises or their contents unless the hotel, its legal representatives or vicarious agents are guilty of intent or gross negligence. In such cases, the damage must be asserted to the hotel at the latest when leaving the hotel premises.
8. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except in cases of gross negligence or intent, are excluded.
9. Messages, mail and consignments for customers and/or event participants are handled with care. The hotel assumes delivery, storage and, upon request and against payment, forwarding. Claims for damages, except in cases of gross negligence or intent, are excluded.
10. Items left behind by the customer will be forwarded upon request at the customer’s risk and expense. The hotel is entitled, after a storage period of no more than three months, to hand over such items to the local lost property office, charging a reasonable fee.
11. Claims for damages by the customer become time-barred no later than two years from the date on which the customer becomes aware of the damage, or irrespective of such knowledge no later than three years from the damaging event. This does not apply to liability for damages resulting from injury to life, body or health, or to other damages based on an intentional or grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.

§ 9 Final Provisions

1. Amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions for hotel accommodation shall be made in text form. Unilateral amendments or additions by the customer are invalid.
2. Place of performance and payment is Lübeck.
3. Exclusive place of jurisdiction – including for disputes concerning checks and bills of exchange – in commercial transactions is Lübeck. If a contracting party has no general place of jurisdiction within Germany, Lübeck shall be deemed the place of jurisdiction. However, the ATLANTIC Hotel is entitled to bring actions and other legal proceedings also at the customer’s general place of jurisdiction.
4. The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules is excluded.
5. The hotel further notes that it is neither obliged nor willing to participate in out-of-court dispute resolution proceedings, such as those conducted by the German Consumer Dispute Resolution Body or the Federal Universal Conciliation Body.
6. For the performance of the accommodation contract, personal data are collected in accordance with our privacy policy (www.atlantic-grand.de/datenschutz).
7. Should individual provisions of these General Terms and Conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, statutory provisions shall apply.

As of 12/2025