AGB & Cancellation policy


General Terms and Conditions including Cancellation Policy of Navis Geminas Service Deutschland GmbH (operating company: Seehotel Töpferhaus, Restaurant LammButtRind, NatureSpa)


§ 1 Scope of application

1. these General Terms and Conditions (GTC) apply to all services provided by Navis Geminas Service Deutschland GmbH (hereinafter referred to as "Hotel") to the guest, the organizer or other contractual partners (hereinafter referred to as "Contractual Partner"). The services consist in particular of the provision of hotel rooms and other premises for use in return for payment, e.g. for seminars, meetings, presentations, conferences, weddings, banquets and other events, the sale of food and beverages (F&B), the organization of sporting events and other programs, the implementation of special health-promoting measures or comparable offers as well as for all other related services and deliveries of the hotel. The hotel is entitled to have its services performed by third parties.

2. these GTC refer to all types of contracts such as hotel accommodation, package tours, contingent or event contracts concluded with the hotel. The GTC shall also apply to all future transactions with the contractual partner.

3. general terms and conditions of the contractual partner shall not apply, even if the hotel does not expressly object to them. Counter-confirmations of the contractual partner with reference to its GTC are hereby rejected.

§ 2 Conclusion of contract

1. the respective contract is generally concluded upon verbal or written application by the contract partner and acceptance by the hotel. The hotel is at liberty to accept the application in writing, verbally, in text form (e-mail, fax) or conclusively by rendering the service. Contracts with a value of € 2,000 or more are concluded by acceptance of the hotel in digital form.

2. if the contractual partner concludes a so-called contingent contract, the contractual partner shall be liable for all damages culpably caused by the end user.

3. the subletting or re-letting or the use of the rooms provided by third parties free of charge as well as the use for purposes other than accommodation is only permitted if the hotel expressly permits this. The hotel may, at its own discretion, grant a written exception upon request.

§ 3 Room use, room handover, departure

1. the rooms are made available exclusively for accommodation purposes. Pets may only be brought along with the prior consent of the hotel for a separate charge.

2. the contractual partner shall be liable to the hotel for all damage caused by him or by third parties who receive the hotel's services at his instigation.

3. the contract partner has no claim to the use of specific rooms. If rooms are not available in the hotel, the hotel will inform the contract partner immediately and offer an equivalent replacement in a nearby hotel of the same category. If the contract partner refuses, the hotel must reimburse the contract partner for services rendered without delay. 4.

4. booked rooms are available to the contractual partner from 3:00 p.m. on the day of arrival. The Contractual Partner is not entitled to earlier availability. Unless otherwise agreed, the hotel has the right to reallocate booked rooms after 6:00 p.m. without the contractual partner being able to derive any rights or claims from this.

5. the rooms must be vacated by 11:00 a.m. at the latest on the day of departure. Thereafter, the hotel may charge 25% of the overnight rate for the additional use of the room until 2:00 p.m., 80% from 2:00 p.m. and 100% from 5:00 p.m. onwards (daily rate) in addition to the resulting damage.

6. any form of smoking - including e-cigarettes - and open fires are prohibited in all hotel rooms, including balconies and terraces and public areas. In the event of non-compliance, a special cleaning fee of at least € 300 will be charged. Should the contractual partner trigger a fire alarm, a minimum charge of € 600 will be due. The hotel expressly reserves the right to assert further claims for damages.

§ 4 Events

1. in order to enable the hotel to make careful preparations, the contract partner must inform the hotel of the final number of participants at least three days before the start of the event. If the contract partner informs the hotel of a higher number of participants than agreed, this higher number shall only become part of the contract if the hotel agrees to this in writing. If the hotel does not agree in writing, the contract partner is not entitled to hold the event with a higher number of participants. If the hotel agrees, invoicing shall be based on the new agreement (possibly with additional expenses). The contract partner is not entitled to consent. Billing shall be based on the contractual agreements irrespective of the notification of the number of participants. If fewer participants actually take part in the event, this shall be irrelevant for invoicing purposes.

2. if the agreed start time of the event is postponed, the hotel shall be entitled to charge the contract partner for all additional costs incurred as a result.

3. there is no entitlement to a specific room. The hotel is at liberty to determine appropriate rooms for the type of event and the number of persons at its own discretion. 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 the hotel and will generally only be granted for an additional fee. The hotel reserves the right to change rooms insofar as this is reasonable for the contract partner, taking into account the interests of the hotel.

4. the contract partner shall be liable to the hotel for additional services provided to the event participants or to third parties in connection with the event.

5. the contract partner shall be liable to the hotel for the full payment of the rooms reserved by its guests and other services used, in particular the usual consumption of drinks and food during the event, insofar as these services were not paid for by the guests on site.

6. the contractual partner must 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 directly to the creditor without delay.

7. the contract partner shall be liable for the conduct of its employees, the event participants and other auxiliary staff in the same way as for its own conduct. The Hotel may require the Contractual Partner to provide appropriate security (e.g. insurance, deposits, guarantees).

8. in order to prevent damage, the attachment and installation of decorative material or other objects must be agreed with the hotel in advance. Exhibits and other items brought into the hotel must be removed at the end of the event. If the Contractual Partner fails to comply with this provision, the Hotel shall be entitled to remove and store such items at the Contractual Partner's expense. Any transport packaging, outer packaging and all other packaging materials brought in must be disposed of by the Contractual Partner at its own expense. Disposal may be subject to a charge if the Contractual Partner leaves the packaging behind after the end of the event. All items brought in during the event, such as decoration material etc., must comply with all applicable regulations.

9. the hotel does not provide insurance cover for items brought in. The conclusion of any necessary insurance is the sole responsibility of the contractual partner.

10. faults or defects in equipment provided by the hotel will be rectified insofar as this is possible for the hotel. The contract partner may not derive any claims in this connection.

11. if the contract partner brings in his own electrical equipment, the hotel management's consent is required prior to connection to the power grid. The electricity consumption incurred shall be charged according to the valid supply and working prices as charged to the hotel by the utility company. The hotel is free to record and charge a flat rate. Any faults or defects in the hotel's technical equipment caused by the connection shall be borne by the contract partner.

12. with the consent of the hotel, the contract partner is entitled to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this. If suitable hotel equipment remains unused as a result, the hotel may charge a cancellation fee.

13. if the hotel procures technical or other equipment from third parties for the contract partner, the hotel shall act in the name and for the account of the contract partner; the latter shall be liable for the careful handling and proper return of such equipment and shall indemnify the hotel against all third-party claims upon first written request. The hotel shall not be liable for failure to procure the equipment in good time or for defects in the equipment procured.

14. 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 shall be charged less the proportionate cost of goods. In the event of non-compliance, the hotel is entitled to demand a lump-sum compensation amount per participant for the loss incurred that would have accrued to the hotel for the provision of the service. The hotel accepts no liability whatsoever for damage to health caused by the consumption of food and drink brought into the hotel.

15. any kind of advertising, information, invitations through which a reference to the hotel is established, in particular through the use of the hotel name, requires the prior written consent of the hotel.

16. the hotel and the contractual partner are both responsible for compliance with all applicable laws and official regulations. Should this result in adjustments to the scope or nature of the provision of agreed services, the prices shall be adjusted upwards or downwards in accordance with any changes in costs. A right to withdraw from the contract free of charge shall only arise if the provision of essential services becomes completely impossible or if the total price of the event would increase by more than 10%.

§ 5 Provision of services, prices, payments, offsetting and assignment

1. the prices of the respective services are determined according to the hotel's price list valid at the time the service is provided. All prices include the currently applicable statutory value added tax. The prices do not include public charges such as visitor's tax, cultural promotion tax (so-called "bed tax") and the like. The contractual partner shall bear the aforementioned charges in addition. The respective amounts will be invoiced separately. Increases in value added tax shall be borne by the contractual partner. Subsequent changes to the services may result in changes to the prices. The Hotel is entitled to demand an advance payment or security deposit of up to 100% of the Contractual Partner's total payment obligation from the Contractual Partner upon conclusion of the contract. The amount of the advance payment and the payment dates shall be set out in the contract.

2. invoices are to be paid immediately by card or bank transfer. The hotel is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators will only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund of unused services is excluded.

3. the hotel's claim for payment is due immediately upon receipt of the respective invoice without deduction. An invoice shall be deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless earlier receipt can be proven. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest.

4. the preparation of a total invoice does not release the customer from the obligation to pay the individual invoices on time. A delay in payment of even one individual invoice entitles the hotel to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit of up to 100% of the outstanding payment.

5. a reminder fee of € 5.00 is due for each reminder. All other collection costs incurred shall be borne by the contractual partner.

6. the contract partner may only claim a set-off for any defects in performance against claims of the hotel insofar as (a) such defects in performance were reported to the hotel immediately upon discovery, and (b) the hotel was given the opportunity to remedy them, and (c) such a remedy of defects did not take place, and (d) the defect in performance is undisputed, and (e) the claim for set-off has been legally established. This shall apply mutatis mutandis to the exercise of a right of retention due to the contractual partner's own claims. Claims and other rights may only be assigned with the written consent of the hotel. If the contract partner uses a credit card for the payment of hotel services with advance payment obligation (e.g. general orders with advance payment, guaranteed booking or vouchers) without physically presenting it (e.g. via telephone, Internet or similar), the contract partner is not entitled in relation to the hotel to revoke this charge to his credit card company.

§ 6 Cancellation of services / reduction of services

1. reservations of the contracting party are binding for both contracting parties after acceptance by the hotel.

2. the hotel grants the customer a right of withdrawal at any time. Cancellation must be made in writing by email, post or fax.

3. in the event of cancellation or reduction by the contractual partner, the contractual partner must pay the following compensation:

a) Reservations of up to 5 rooms and a stay of up to 3 nights

Cancellation of rooms up to 48 hours before arrival: Free of charge

Cancellation of rooms up to 24 hours before arrival: 50% of the agreed price

Cancellation less than 24 hours before: 80% of the agreed price

b) Reservations of 6 or more rooms and / or a stay of 4 or more nights

Cancellation up to 90 days before arrival: 10% of the agreed price

Room cancellation 89 to 30 days before arrival: 50% of the agreed price

Room cancellation 29 to 15 days before arrival: 75% of the agreed price

Cancellation 14 days or less before arrival: 100% of the agreed price

c) Reservations of arrangements and events of the hotel with overnight stay

Cancellation up to 30 days before arrival - 25% of the agreed price

Cancellation 29 to 2 days before arrival - 50% of the agreed price

Cancellation less than 48 hours before arrival: 80% of the agreed price

d) Reservations of rooms within a contingent for weddings and private events

Cancellation up to 30 days before arrival: free of charge

Room cancellation 29 to 15 days before arrival: 50% of the agreed price

Cancellation 14 to 2 days before arrival: 80 % of the agreed price

Cancellation 1 day before arrival or in case of no-show: 100 % of the agreed price

e) Reservations of Mind-Body-Souls arrangements with overnight stay

Cancellation up to 60 days before arrival: 20 % of the agreed price

Cancellation up to 30 days before arrival: 40% of the agreed price

Cancellation 29 days to the day of arrival: 80 % of the agreed price

In case of no-show: 100 % of the agreed price

If the cancellation relates to a rebooking, the cancellation costs shall always be 100% of the agreed price, irrespective of the time of cancellation, whereby the higher price between the originally booked or rebooked event shall apply as the basis for calculation.

f) Reservations for seminars and conferences with and without overnight accommodation

10% of the canceled order value for cancellations up to 180 days before arrival;

30% of the canceled order value for cancellations 179-120 days before arrival;

50% of the canceled order value for cancellations 119-60 days before arrival;

70% of the canceled order value for cancellations 59-30 days before arrival;

90% of the canceled order value for cancellations 29-0 days before arrival.

g) Reservations for weddings, family celebrations, company celebrations, restaurant services and other events with or without overnight accommodation

If canceled more than 359 days before the start of the event, 10% of the order value;

30% of the order value if canceled 359 to 180 days before the start of the event;

If canceled 179 to 60 days before the start of the event, 60% of the order value;

80% of the order value if canceled 59 to 7 days before the start of the event;

and 100% of the order value if canceled 6 or fewer days before the start of the event or no show.

4. the contractual partner is entitled to prove that the hotel's loss is lower.

5. the above deadlines apply equally to the hotel, without affecting the provisions of § 7 of these GTC.

§ 7 Withdrawal / termination by the hotel

1. the hotel is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) in accordance with the statutory provisions if

a) the contract partner fails to render a due service;

b) the fulfillment of the contract is impossible due to force majeure, fire, storm or water damage, strike or other circumstances for which the hotel is not responsible;

c) the contract partner provides misleading or false information about essential data;

d) the contract partner uses the name of the hotel for advertising purposes without prior written consent;

e) rooms covered by the contract are sublet in whole or in part without the written consent of the hotel;

f) the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation, safety or public reputation of the hotel.

2. the hotel must inform the contract partner of the exercise of the withdrawal / termination as soon as possible. Cancellation of the contract by the hotel shall not entitle the contract partner to claim damages or other compensation. In the event of justified termination of the contract, this shall not affect the hotel's right to compensation for any damage incurred and for any expenses it has incurred.

§ 8 Liability of the hotel, items brought into the hotel, statute of limitations

1. the hotel shall only be liable for all statutory and contractual claims in the event of intentional or grossly negligent conduct.

2. by way of exception, the hotel shall be liable for slight negligence in the event of damage

a) which are based on the breach of essential contractual obligations. In such cases, liability shall be limited to the foreseeable damage typical of the contract;

b) due to injury to life, body and health.

3. liability of the hotel for consequential or indirect damages is excluded.

4. exclusions and limitations of liability shall apply in the same way in favor of all companies employed by the hotel to fulfill its contractual obligations, their subcontractors and vicarious agents. They shall not apply if the hotel assumes a guarantee for the quality of an item or a work or in the event of fraudulently concealed defects.

5. the contract partner is obliged to notify the hotel of any recognizable defects immediately, at the latest upon departure.

6. the statutory provisions of §§701 ff BGB apply to items brought in by the contractual partner.

7. vehicles parked on the hotel premises, even for a fee, do not constitute a safekeeping contract. The hotel shall not be liable for damage to or loss of vehicles parked on the hotel premises and their contents.

8. items left behind by the Contractual Partner / overnight guest will only be forwarded at the request, risk and expense of the Contractual Partner. The hotel shall store the items for 12 months and charge a reasonable fee for this. Thereafter, the items will be handed over to the local lost and found office if they have a recognizable value.

9. all claims of the contract partner against the hotel arising from or in connection with the contract shall become statute-barred after the expiry of one year, beginning at the end of the year in which the claim arose and the contract partner became aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence.

§ 9 Additional provisions for package travel contracts

1. if the hotel's obligation to provide services consists, in addition to the provision of board and lodging, in the organization of a leisure program as a paid personal service, this shall constitute a so-called package travel contract.

2. the contractual partner may not assert any claims due to changes, deviations or reductions of individual services within the framework of a package travel contract which become necessary after conclusion of the contract if they are merely insignificant.

3. if agreed and provided services are not used by the contractual partner, a reduction or refund of the total fee is not possible.

4. the hotel shall not be liable for damages suffered by the contract partner as a result of the use of a special service provided by a third party. In this respect, the contract partner is referred to the enforcement of his claims against the respective organizer of the special service.

§ 10 Place of performance and payment, place of jurisdiction, ancillary agreements, partial invalidity

1. the place of performance and payment for both parties is the registered office of the hotel.

2 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

3. with the exception of private end consumers, the place of business of the hotel is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract.

4. collateral agreements, amendments or supplements to these General Terms and Conditions must be made in writing. Unilateral amendments and additions by the contractual partner are invalid.

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. The contracting parties undertake to replace the invalid provision with one that is valid and comes as close as possible to the meaning of the invalid provision. In all other respects, the statutory provisions shall apply.


Terms of use of the guest W-LAN of the Seehotel Töpferhaus

These terms of use govern the rights and obligations in connection with the use of the hotel's guest Wi-Fi.

§ 1 Services of the hotel

1. the hotel provides the guest with access to the Internet in selected public hotel areas as well as the guest rooms in the form of a W-LAN access for free use.

2. the provision of the W-LAN depends on the respective technical and operational possibilities. There is no entitlement to a functioning W-LAN or a specific local coverage of the W-LAN.

3. furthermore, the hotel does not guarantee that the W-LAN can be used without disruption or interruption. Nor can the hotel guarantee transmission speeds.

4. the hotel reserves the right to change, restrict or discontinue access to the W-LAN without prior notice in the event of necessary technical repair and maintenance work.

5. there is no entitlement to use certain services via the W-LAN. In particular, ports may be blocked. As a rule, surfing the Internet and sending and receiving e-mails is made possible.

§ 2 Access and use

1. the hotel offers the W-LAN only for hotel guests. It is not a publicly accessible telecommunications service, but an internal W-LAN for hotel guests.

2. the prerequisite for use is that the guest registers in advance for the use of the W-LAN and/or accepts the validity of these terms of use at the beginning of the use of the W-LAN. This can usually be done by selecting the W-LAN network in the terminal device via a registration form or a welcome page that can then be called up.

3. there is no entitlement to use the W-LAN. The hotel is free to restrict or discontinue access to the W-LAN at any time without giving reasons.

4. the current version of these terms of use, which is made available to the guest when registering for the W-LAN, shall apply.

§ 3 Access data

1. if the guest has provided login data (e.g. user name, password, e-mail, etc.) in the course of registration, these must be kept secret by the guest and not made accessible to unauthorized third parties.

2. if the guest has received registration data, the guest must ensure that access to and use of the W-LAN with his user data is carried out exclusively by him as a user. If there are facts that justify the assumption that unauthorized third parties have gained or will gain knowledge of these access data, the guest must inform the hotel immediately.

3. the guest is liable as a user for any use and/or other activity carried out under his access data in accordance with the statutory provisions.

§ 4 Obligations as a user

1. the guest is obliged to provide truthful information about himself/herself when using the service.

2. the guest is obliged to comply with the applicable laws when using the W-LAN.

3. further obligations arising from other provisions of these Terms of Use shall remain unaffected.

§ 5 Prices

The service is provided free of charge.

§ 6 Availability of the services

As the services are provided free of charge, the guest is not entitled to use the W-LAN. However, the hotel shall endeavor to ensure that the Wi-Fi can be used without interruption.

§ 7 Prohibited actions

The guest as a user is prohibited from any actions when using the W-LAN that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors.

In particular, the following actions are prohibited:

a) posting, distributing, offering and advertising pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;

b) publishing or making available content that insults or defames other participants or third parties;

c) the use, provision and distribution of content, services and/or products that are legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so;

d) the making available to the public of works protected by copyright or other acts in breach of copyright, in particular when using so-called "Internet file-sharing networks" or file-sharing services.

Furthermore, the following activities are also prohibited, irrespective of any violation of the law, when posting your own content on the service provider's website and when communicating with other users (e.g. by sending personal messages, participating in discussion forums, etc.):

(a) the transmission of above-average amounts of data and, in particular, the persistent transmission of such amounts of data;

b) hosting a web server or other servers by using a W-LAN of the service provider;

c) changing the default DNS servers in the network settings of the service provider's W-LAN;

d) the sending of junk or spam mails and chain letters;

e) the distribution of viruses, Trojans and other harmful files;

f) the distribution of lewd, offensive, sexually explicit, obscene or defamatory content or communication as well as content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (explicitly or implicitly in each case);

g) requesting other users or third parties to disclose passwords or personal data for commercial or unlawful purposes. Also prohibited is any action that is likely to impair the smooth operation of the W-LAN, in particular to place a disproportionately high load on the systems.

§ 8 Blocking of access

The hotel may temporarily or permanently block users' access to the WLAN at any time if there are concrete indications that the guest is violating or has violated these Terms of Use and/or applicable law or if the hotel has any other legitimate interest in blocking access.

§ 9 Exemption from liability

1. the guest as user is responsible for all his actions in connection with the use of the Internet via the W-LAN.

2. the guest shall indemnify the hotel against all claims asserted by third parties against the hotel due to a breach by the user of statutory provisions, third-party rights (in particular personal rights, copyrights and trademark rights) or contractual obligations, assurances or guarantees, including the costs of the necessary legal defense (lawyer's fees and court costs in the statutory amount) upon first request.

3. in the event of the assertion of claims within the meaning of clause 10 paragraph 2, the guest is obliged to cooperate immediately and fully in the clarification of the facts and to make the necessary information available to the hotel in a suitable manner.

§ 10 Limitation of liability

1. the hotel shall be liable without limitation for all damage caused by the hotel in the event of intent or gross negligence.

2. in the event of slight negligence, the hotel shall be liable without limitation in the event of injury to life, limb or health.

3. otherwise, the hotel shall only be liable insofar as the hotel has breached a material contractual obligation. Essential contractual obligations are abstractly defined as those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damages.

4. insofar as the liability of the hotel is excluded or limited in accordance with the aforementioned provisions, this shall also apply to our vicarious agents.

5. liability under the Product Liability Act remains unaffected.

§ 11 Data protection

1. the hotel shall ensure that the guest's personal data is only collected, stored and processed insofar as this is necessary for the contractual provision of services and is permitted by law or ordered by the legislator.

2. in the event that declarations of consent under data protection law are obtained from the guest in the context of the use of the hotel's services, it is pointed out that the guest may revoke these at any time with effect for the future.

3. in order to provide the services of the hotspot for the guest, the use of personal data of the terminal device is necessary. In this context, the MAC addresses of end devices may also be temporarily stored. Furthermore, the hotel may store log data ("log files") on the type and scope of use of the services for 7 days. This data cannot be directly assigned to the person of the guest.

§ 12 Final provisions

1. the law of the Federal Republic of Germany shall apply, whereby the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

2. if the guest is a merchant, a legal entity under public law or a special fund under public law, the registered office of the hotel shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

3. should individual provisions of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions.


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