General Terms and Conditions of Van der Valk Hotel Hildesheim GmbH
Data protection
The personal data specified in the contract, in particular name, address, telephone number, bank data, which are necessary and required solely for the purpose of implementing the resulting contractual relationship, are collected on the basis of legal authorizations.
For any use of the personal data beyond this and the collection of additional information, the consent of the person concerned is regularly required.
Scope of application
These Terms and Conditions apply to the provision of accommodation services and to all other deliveries and services of Van der Valk Hotel Hildesheim GmbH in connection therewith. They apply in the same way to the provision of other rooms, showcases and areas in areas connected with the hotel.
In addition to the individual agreements made with the business partner - summary term for the guest, the customer, the organizer, the orderer, etc. - the following General Terms and Conditions shall apply. The business partner's terms and conditions shall not become part of the contract, in particular even if Van der Valk Hotel Hildesheim GmbH does not expressly object to them.
1. contractual relationship
The agreement of any services, including in particular the reservation of rooms, shall become binding for both parties by means of a written or oral agreement.
The reservation of rooms establishes a rental relationship. Any subletting or reletting as well as the use of hotel rooms for other than residential purposes shall require the prior written consent of the hotel.
If the reservation is made by a third party, this third party shall also become a contracting party, irrespective of any effective authorization by the business partner, and shall be liable for all obligations arising from this contract alongside the business partner as joint and several debtor.
Van der Valk Hotel Hildesheim GmbH shall be liable for its obligations arising from the established contractual relationship. However, in the area not typical for services, the liability is limited to intent and gross negligence (of Van der Valk Hotel Hildesheim GmbH). In all other respects, reference is made to clause 7 of the Terms and Conditions.
The limitation period for all claims of the business partner is six months.
2. services
Van der Valk Hotel Hildesheim GmbH is obliged to keep the rooms booked by the business partner ready and to provide the agreed services.
The business partner is obligated to pay the prices of Van der Valk Hotel Hildesheim GmbH applicable or agreed upon for the provision of the room and the other services used by the business partner. This also applies to services and expenses of Van der Valk Deutschland GmbH to third parties arranged by the business partner.
The business partner does not acquire any claim to the provision of certain rooms. If agreed rooms or room categories are not available, Van der Valk Hotel Hildesheim GmbH is obligated to make efforts to find an equivalent substitute in its own house or in other properties at the location.
3. arrival and departure
Booked rooms are available from 3:00 p.m. on the day of arrival and until 12:00 a.m. on the day of departure. The determination of the rooms to be allocated to the business partner will be made by Van der Valk Hotel Hildesheim GmbH on the day of arrival.
Unless a later arrival has been expressly agreed, Van der Valk Hotel Hildesheim GmbH has the right to assign booked, unoccupied rooms to other parties after 6:00 p.m. without the business partner being able to derive any claims for compensation from this. Van der Valk Hotel Hildesheim GmbH is entitled to a right of withdrawal in this respect.
Rooms with guaranteed reservations will be kept free by Van der Valk Hotel Hildesheim GmbH until 10:00 p.m. at the latest; unless a later arrival of the business partner has been agreed with Van der Valk Hotel Hildesheim GmbH.
Deposit reservations are considered guaranteed reservations. In this case, the ordered rooms must be kept free without fail.
The business partner is requested to inform the reception in case of a later departure after 12.00 a.m. at the latest by 10.00 p.m. on the day before departure. If possible, the room will be kept free for the business partner. In case of departure before 6:00 p.m., half the room rate will be charged, after 6:00 p.m. the full room rate will be charged for the day of departure.
4. price
The prices are determined according to the price list valid at the time of the service provision. As far as the legal sales tax is applicable, it is included in the prices in the respective legal amount.
Insofar as taxes and duties are increased and/or new taxes and duties are levied on Van der Valk Hotel Hildesheim GmbH, Van der Valk Hotel Hildesheim GmbH shall be entitled to adjust the price accordingly.
If a fixed price was agreed and if there are more than four months between the conclusion of the contract and the provision of the service, Van der Valk Hotel Hildesheim GmbH reserves the right to make a reasonable price change, in which case Van der Valk Hotel Hildesheim GmbH undertakes, however, to inform the business partner of the price change.
5. terms of payment
All invoices of Van der Valk Hotel Hildesheim GmbH are due for payment immediately upon receipt without deduction.
On the day of the due date, the business partner shall be in default without the need for a reminder. From the date of default, Van der Valk Hotel Hildesheim GmbH shall be entitled to charge interest on the due date or default interest in the amount of 5 percentage points above the respective base interest rate pursuant to § 288 BGB. The assertion of a higher damage caused by default remains unaffected and expressly reserved.
Van der Valk Hotel Hildesheim GmbH is entitled to demand from the business partners, upon their arrival/arrival or beforehand by naming the credit card number, an advance payment up to the amount of the expected total turnover, in any case at least in an appropriate amount.
Van der Valk Hotel Hildesheim GmbH shall be entitled to issue interim invoices at any time, which shall become due for payment immediately after presentation to the business partner. If the business partner is in default after presentation of the interim invoice, Van der Valk Hotel Hildesheim GmbH shall be entitled to terminate the accommodation contract without notice.
In case of agreed invoicing based on the reservation contract, a payment period of 14 days from the invoice date shall apply. The payment has to be made without deduction and free of charges.
In the case of bookings/reservations, Van der Valk Hotel Hildesheim GmbH also reserves the right to demand 80% of the expected turnover as a deposit payment.
All payments are due in Euro. Van der Valk Hotel Hildesheim GmbH is entitled to reject foreign currency, checks and credit cards. A commission compensation of 5% will be charged on expenses and third party services in case of settlement by credit cards.
A reminder fee of € 10.00 may be charged in each individual case for reminders sent after default has occurred.
Van der Valk Hotel Hildesheim GmbH reserves the right, for group bookings of 10 persons or more, to consider the reservation as confirmed only if, with the final order by the business partner or after confirmation by Van der Valk Hotel Hildesheim GmbH, a deposit of 20% of the booked services has been paid within 10 days or the agreed/requested advance payment has been made by the set date.
6. withdrawal and cancellation
In the event of force majeure and other impediments for which Van der Valk Hotel Hildesheim GmbH is not responsible, in particular those beyond the hotel's sphere of influence, the hotel reserves the right to withdraw from the contract without the business partner being entitled to any compensation claims.
Insofar as a right of withdrawal of the business partner within a certain period of time has been permitted on the basis of a written agreement, Van der Valk Hotel Hildesheim GmbH shall be entitled for its part to withdraw from the contract within this period of time if there are inquiries from other business partners for the contractually booked rooms and the business partner does not waive its right of withdrawal or does not confirm the reservation in a binding manner.
If an agreed advance payment is not made even after expiry of a reasonable grace period set by Van der Valk Hotel Hildesheim GmbH with a threat of refusal, Van der Valk Hotel Hildesheim GmbH shall also be entitled to withdraw from the contract (cf. i.e. item 5).
If the business partner does not make use of the room ordered without notifying Van der Valk Hotel Hildesheim GmbH in due time, the business partner remains obligated to pay the total price agreed upon for the first day of the trip, including the first overnight stay, without regard to the reason for the prevention.Van der Valk Hotel Hildesheim GmbH is obligated in good faith to assign rooms that are not used to other guests, if possible, in order to avoid cancellations.
Reservations and cancellation deadlines are to be observed as below:
Reservations for tour operators and travel agents made by Van der Valk Hotel Hildesheim GmbH are generally subject to a cancellation period of
30 calendar days prior to the commencement of the provision of services. Van der Valk Hotel Hildesheim GmbH may agree on a different withdrawal period in writing in individual cases.
All other reservations vis-à-vis the business partner as an individual guest, which are made by Van der Valk Hotel Hildesheim GmbH, are subject to the following cancellation periods:
1 room - 2 days
2 - 5 rooms - 5 days
6 - 10 rooms - 14 days
After expiry of the cancellation period, the reservation is converted into a firm booking.
Cancellation declarations must be made in writing by letter, fax or email. The business partner is responsible for proving the receipt of the withdrawal declaration.
Van der Valk Hotel Hildesheim GmbH shall be free to lump-sum the damage incurred by it and to be compensated by the business partner. The business partner is then obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. It is incumbent upon the business partner to prove that no damage has been incurred or that the damage incurred by Van der Valk Hotel Hildesheim GmbH is lower than the demanded flat rate.
In addition, the following cancellation conditions apply, according to which the business partner must generally reimburse lump-sum costs according to the list below.
In all cases listed below, the business partner reserves the right to prove a lower damage, Van der Valk Hotel Hildesheim GmbH reserves the right to prove a higher damage. Insofar as trade customs exist which are contrary to these agreements, it is expressly agreed that these trade customs shall not apply between the contractual partners.
| Cancellation day/calendar day before service provision | Claim of the Van der Valk Hotel Hildesheim GmbH |
| until 60 days before arrival | free of charge |
| until 30 days before arrival | free of charge, if fewer than 50% of the group participants cancel |
| until 21 days before arrival | Calculation of the total price of the first day of the trip including the first overnight stay and 35% for the following days, if the booked service cannot be sold otherwise |
| 7-21 days bebore arrival | Calculation of the total price of the first day of the trip including the first overnight stay and 60% for the following days, if the booked service cannot be sold otherwise |
| less than 7 days before arrival | full total price of the first day of the trip including accommodation and 80% for the following days if the booked service is not resold |
Any use by the business partner and/or its guests that deviates from the agreement of the contracting parties shall entitle Van der Valk Hotel Hildesheim GmbH to terminate the contractual relationship without notice (immediate withdrawal), without this reducing Van der Valk Hotel Hildesheim GmbH's claim to the agreed fee/remuneration.
6.1 Trade fair
Van der Valk Hotel Hildesheim GmbH refers to its separate terms and conditions for bookings during the period of the trade fairs mentioned below.
In particular, Van der Valk Hotel Hildesheim GmbH is generally entitled to request an advance payment to secure the booking for bookings during the period of the trade fairs mentioned below.
In addition, the following cancellation deadlines generally apply (1-4 rooms):
For the Domotex trade fair, cancellation is possible free of charge up to 28 days prior to arrival.
For all the trade fairs listed below, a cancellation free of charge is possible up to 42 days prior to arrival:
Hannover Messe/CeMat,
LIGNA,
Interschutz - The Red Rooster,
EMO,
IAA Commercial Vehicles,
EuroBlech,
EuroTier,
Agritechnica.
If the individual contract specifies terms and conditions that deviate from these, these will be replaced by the above-mentioned regulations in the period of the trade fairs specified by Deutsche Messe AG Hannover for the period.
6.2 Groups
Groups: For bookings of 5 or more rooms, separate regulations and additional charges will generally come into effect.
A consultation with Van der Valk Hotel Hildesheim GmbH is required.
If you have any questions or requests, please do not hesitate to contact us at +49 (0) 5121 300 600.
7. liability
The business partners of Van der Valk Hotel Hildesheim GmbH as well as the guest as such or as host are fully liable to Van der Valk Hotel Hildesheim GmbH for any damage caused by themselves or their guests, irrespective of whether they are responsible for such damage. In this respect, the use contrary to the contractual provision also constitutes a cause of damage with the legal consequence conclusively determined under item 7.
If Van der Valk Hotel Hildesheim GmbH is hindered in the performance of its services due to force majeure or strike, no obligation to pay damages to the business partner can be derived from this. However, Van der Valk Hotel Hildesheim GmbH is obligated to the business partner to make reasonable efforts to procure equivalent services elsewhere.
Van der Valk Hotel Hildesheim GmbH shall be liable to the business partner in accordance with the provisions of §§ 701 et seq. BGB (GERMAN CIVIL CODE). Express reference is made to the content of these provisions, in particular with regard to the obligations of the business partner and the respective liability amounts.
Van der Valk Hotel Hildesheim GmbH shall make every effort to ensure the punctual execution of wake-up orders, the timeliness and correctness of message transmissions as well as the delivery of merchandise shipments of all kinds. Van der Valk Hotel Hildesheim GmbH accepts no liability for any misunderstandings or errors.
Lost property will only be forwarded upon request and at the risk and expense of the business partner. If a request with a call of the business partner is not made, the lost property will be handed over to the finder after the expiration of a one-year storage period.
Found credit cards will be broken into two parts and forwarded to the corresponding credit card company. In case of business partners who are still in the spatial area of the hotel and restaurant facility of Van der Valk Hotel Hildesheim GmbH, the card will be secured and the business partner will be informed of its discovery. If the business partner has already left, the card will be kept for a reasonable period of time, but no longer than 24 hours. It will then be treated in the same way as a found credit card (see above).
Items that have been taken into custody by Van der Valk Hotel Hildesheim GmbH and for which a luggage storage voucher has been issued will be considered lost property after one year, within which the items have not been collected, and will be treated accordingly.
Claims of the business partner or the person who had given items of Van der Valk Hotel Hildesheim GmbH into custody will not be established due to the corresponding treatment as lost property. In this respect, no liability is derived from the conduct of Van der Valk Hotel Hildesheim GmbH.
Van der Valk Hotel Hildesheim GmbH expressly points out that when using the parking garage Marktgarage Hildesheim, not their terms and conditions but those of Hildesheimer Parkhausgesellschaft mbH shall apply. In this respect, any liability of Van der Valk Hotel Hildesheim GmbH for vehicles parked there, in particular their theft and damage, theft from them as well as personal injury, is excluded.
8. special instructions for events
The Organiser as a business partner of Van der Valk Hotel Hildesheim GmbH shall obtain all official permits/approvals that may be necessary for the realisation of the event in due time at its own initiative and at its own expense. It is incumbent upon the organizer to comply with the conditions following these permits/approvals as well as to observe all other regulations under public law in connection with the event.
The Organizer is required to provide lists of all participants in the Event up to 14 days prior to their arrival. Otherwise, Van der Valk Hotel Hildesheim GmbH cannot guarantee that the event will run properly. This restriction applies accordingly in the event that the number of participants is larger than agreed upon. In this case, Van der Valk Hotel Hildesheim GmbH reserves the right to impose restrictions due to insufficient room or space capacities in the hotel, restaurant and/or event area.
Newspaper advertisements, public or political invitations as well as sales events require the express prior written consent of Van der Valk Hotel Hildesheim GmbH. Van der Valk Hotel Hildesheim GmbH shall have the right to cancel the event if the publication impairs essential interests of Van der Valk Hotel Hildesheim GmbH, but also the interests of the entire Van der Valk Hotel Group, or if Van der Valk Hotel Hildesheim GmbH has reasonable grounds to assume that the event threatens to jeopardize the smooth business operations, the safety or the reputation of the hotel or company, including other business partners and guests. Already the serious concern justifies the right of Van der Valk Hotel Hildesheim GmbH to cancel the event. The business partner or organizer shall not be entitled to any claims for damages as a result thereof.
Van der Valk Hotel Hildesheim GmbH expressly reserves the right to change the room, insofar as this is reasonable for the Organizer, taking into account its interests.
Insofar as Van der Valk Hotel Hildesheim GmbH procures technical or other equipment from third parties for the Organizer, it shall act on behalf and for the account of the Organizer or the business partner. The organizer or business partner shall be liable for the careful handling and proper return of such equipment. He/she shall indemnify Van der Valk Hotel Hildesheim GmbH against all claims of third parties arising from the provision of these facilities or the corresponding business arrangement.
The following cancellation deadlines must be observed:
Cancellation of the entire or partial booking free of charge is possible for:
- groups up to 30 persons - up to 30 days before the beginning of the event
- groups up to 50 persons - up to 45 days before the beginning of the event
- Groups up to 100 persons - up to 60 days before the start of the event
- Groups of 101 persons or more - up to 90 days before the start of the event
| until 29 days before event |
Calculation of the rent/turnover guarantee, plus compensation of 35% of the lost turnover (conference flat rate/food/room); if this is not yet concretely determined, minimum menu price banquet x persons applies. |
| until 21 days before event |
Calculation of the rent/turnover guarantee, plus compensation of 50% of the lost turnover (conference flat rate/food/room); if this is not yet concretely determined, minimum menu price banquet x persons applies. |
| until 15 days before event |
Calculation of the rent/turnover guarantee, plus compensation of 66% of the lost turnover (conference flat rate/food/room); if this is not yet concretely determined, minimum menu price banquet x persons applies. |
| until 8 days before event |
Calculation of the rent/turnover guarantee, plus compensation of 80% of the lost turnover (conference flat rate/food/room); if this is not yet concretely determined, minimum menu price banquet x persons applies. |
| until 3 days before event |
Calculation of the rent/turnover guarantee, plus compensation of 90% of the lost turnover (conference flat rate/food/room); if this is not yet concretely determined, minimum menu price banquet x persons applies. |
The group size is defined by the reported number of participants at the time of the firm booking.
If fewer than the number of participants reported by the business partner appear, the price is nevertheless determined according to the actual number of participants reported, or at least according to the agreed number of participants. If the number of participants is greater than the agreed number of participants, the price will be calculated according to the actual number of participants.
In the event of a deviation in the number of participants - by 10% or more - Van der Valk Hotel Hildesheim GmbH shall be entitled to reset the prices. According to the changed number of participants, Van der Valk Hotel Hildesheim GmbH is also entitled to allocate other rooms for the execution of the event; unless this is not reasonable for the Organizer.
If the agreed starting and closing times of the event change, Van der Valk Hotel Hildesheim GmbH shall be entitled to charge additional costs for the readiness to perform.
The proof of a lower damage is incumbent on the Organizer, the proof of a higher damage remains reserved to Van der Valk Hotel Hildesheim GmbH.
The business partner or organizer may only bring food and beverages and make them available to the participants with the prior express written consent of Van der Valk Hotel Hildesheim GmbH. In this case, however, a service fee will be charged.
For events that continue beyond midnight, Van der Valk Hotel Hildesheim GmbH may, unless otherwise agreed, invoice on the basis of itemized receipts; unless the agreed remuneration already takes into account a duration beyond midnight.
Special services that become useless as a result of the cancellation shall be remunerated in any case.
The business partner or organizer shall be liable for losses or damages caused by himself, his employees, other auxiliary personnel and by the participants of the event and shall provide corresponding compensation. It is the responsibility of the business partner or event organizer to take out appropriate insurance and to present proof thereof to Van der Valk Hotel Hildesheim GmbH upon request.
In order to prevent damage, the attachment of decorative material or other objects is only permitted with the written consent of Van der Valk Hotel Hildesheim GmbH.
If the rights of third parties, e.g. copyrights, are affected during the staging of the events, the Organiser shall be obliged to obtain the corresponding permits at its own expense prior to the staging of the event and to pay any fees and costs incurred (GEMA, etc.) directly to the requesting body. Should claims nevertheless be asserted against Van der Valk Hotel Hildesheim GmbH, the business partner or event organizer shall indemnify Van der Valk Hotel Hildesheim GmbH against the claimants.
9 General
The Van der Valk Hotel Hildesheim only has non-smoking rooms. It is therefore forbidden to smoke in the public areas as well as in the guest rooms. We have set up a separate smoking area for our guests. The consumption of cannabis is explicitly prohibited in this area, as well as in the entire hotel. In the event of non-compliance, the hotel has the right to demand an amount of € 150.00 from the guest as compensation for the separate cleaning costs incurred, including any loss of revenue from not being able to rent out the room as a result. This amount of compensation shall be set higher or lower if the hotel proves higher damages or the guest proves lower damages. In the event of non-compliance, the hotel is also entitled to refuse the guest access to the hotel. Any costs incurred will not be reimbursed.
The use or the mention of the name of the establishment and the affiliated parts of the establishment, i.e. in particular Van der Valk Deutschland GmbH in connection with promotional measures of the business partner requires the written consent of the management.
A surcharge will be levied on third-party services which are arranged or charged by Van der Valk Deutschland GmbH. This does not constitute a liability on the part of Van der Valk Deutschland GmbH for the services of third parties and consequently does not exist.
Messages, mail and merchandise shipments received for the business partners and their guests will be handled with the usual care. Van der Valk Deutschland GmbH shall be responsible for their safekeeping, delivery/handover and, upon express request, also for their forwarding. Liability for the loss, theft or damage of the received messages, postal and merchandise consignments, also for the delay in delivery or forwarding, is expressly excluded. The costs of delivery and forwarding will be charged to the business partner or the guest.
Within the scope of its services, Van der Valk Deutschland GmbH will only provide free transportation of persons and luggage in the event of a request, but without obligation. The liability for personal injury and property damage is limited to the settlement obligation from the statutory motor vehicle insurance. Liability for loss of luggage and delays in transportation is fully excluded. However, Van der Valk Deutschland GmbH expressly reserves the right to offer transport services such as luggage service, shuttle service, etc. against payment.
Pets are not allowed in the hotel. (Exception: therapy and guide dogs; proof required) In case of non-compliance, Van der Valk Hotel Hildesheim GmbH will charge a cleaning fee of € 50.00 per day and dog.
At check in, a credit card number will be requested on site in order to be allowed to book gastronomic services to the room. Otherwise, these services must be paid directly in the restaurant or hotel bar.
Prostitution and human trafficking is prohibited and will be reported by Van der Valk Hotel Hildesheim GmbH.
10. severability clause
If individual provisions of the contract established by Van der Valk Deutschland GmbH and its business partner and/or the above General Terms and Conditions or parts thereof are or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions or the remaining parts of the provisions as well as the contract and the conditions as a whole. The invalid or unenforceable provisions shall be replaced by the parties with valid and enforceable provisions which are equivalent or as close as possible to the invalid or unenforceable provisions and which correspond to the economic purpose intended by the parties with the invalid or unenforceable provisions. The same shall apply in the event of an unintentional loophole.
11. collateral agreements
Deviations from the contract established between the parties as well as subsidiary agreements thereto have not been made between the parties; unless they have been made in writing.
12. place of jurisdiction
The place of jurisdiction shall be the place of operation Hildesheim, i.e. the place of performance and fulfillment of Van der Valk Hildesheim GmbH. Deviating provisions of the business partner based on his terms and conditions are expressly excluded by the above terms and conditions of Van der Valk Hildesheim GmbH.
Version august 2022