Terms & Conditions - SIDE HamburgTerms & Conditions - SIDE Hamburg
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Terms & Conditions

Hotel address

SIDE
Drehbahn 49
D-20354 Hamburg
Germany
Tel.: +49 (0)40-30 99 90
Fax: +49 (0)40-30 99 93 99

Terms of business for services by SIDE (Seaside Hotels GmbH & Co. KG)

These conditions apply to all services such as for example overnight accommodation/lodging services, assignment of conference and banqueting rooms for the holding of events, photographic and film recordings and for all additional serviced associated therewith. They apply equally to the assignment of other rooms, display cases and areas.

Solely the following terms of business shall apply. Client (description of event organiser/person ordering/guest etc.) will not become part of the contract even if they are not expressly refuted.

1. Contract agreement

The contracting partners are the SIDE Hotel (hereafter referred to as SIDE) and the guest. The contract is created for the above-mentioned services once SIDE has confirmed a guest’s reservation of the above-mentioned services. The guest will receive the booking confirmation in text form.

This confirmation makes the agreed services binding on both parties.

A contractual relationship is also created if the guest books a service or reserves rooms and SIDE provides these services or rooms, because a confirmation in text form is no longer feasible due to lack of time.

If the object of the service is the reservation of rooms, display cases or other areas, a subletting or re-letting as well as the use of the rooms for purposes other than the temporary accommodation shall be invalid without the prior written agreement of SIDE.

If the booking or reservation is made by a third party, then this person will become the contracting partner of SIDE regardless of an effective power of attorney by the guest, and shall be liable for all liabilities arising from this contract along with the guest as joint debtors in common.

2. Arrival and departure

Booked rooms will be available to the guest on the day of arrival from 3pm and on the day of departure until 12pm. The decision regarding the rooms to be allocated to the guest shall be made by SIDE on the day of arrival. If a late arrival has not been expressly agreed, SIDE has the right to re-let booked rooms after 4pm without the guest being able to make compensation claims in this regard, if no guarantee is present. In case of departure by 6pm, 50% of the room rate will be charged, after 6pm the full rate.

3. Prices

Prices will be determined according to the price list valid on the date of the service provision, where statutory sales tax is imposed this will be included in the price. If more than four months elapse between agreement of the contract and the provision of the service, and if the statutory sales tax rises, then SIDE is entitled to charge the increased sales tax rate. If a fixed price was agreed and if more than 6 months elapse between contract agreement and service provision, then SIDE will reserve the right to make an appropriate price amendment.

4. Payment conditions

All invoices by SIDE are due for payment immediately. As soon as arrears arise, SIDE is entitled to invoice the statutory arrears interest. The enforcement of a higher arrears loss shall remain unaffected by this. For reminders that are made after falling into arrears, a reminder fee of EUR 7.00 can be imposed.

SIDE is entitled to request an appropriate advance payment or security guarantee from the guest, in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

SIDE is additionally entitled to request an appropriate advance payment or security payment in the meaning of the above paragraph at the outset or during the guest’s stay for existing or future claims from the contract, if such has not already been paid according to the above paragraph.

The guest can only offset a claim by SIDE against a claim that is undisputed or has been judicially determined as legally binding.

5. Withdrawal of SIDE

In the event of force majeure or other prevention grounds that are not the responsibility of SIDE, in particular those that are outside the sphere of influence of SIDE, SIDE shall reserve the right to withdraw from the contract without the guest being entitled to compensation claims.

SIDE is also entitled to withdraw from the contract if an agreed advance payment or security guarantee has not been paid by the guest in accordance with Section 4 paragraph 2, even after the setting of an appropriate grace period by SIDE.

A right to withdrawal of SIDE is also justified in the event that an unauthorised subletting or re-letting has taken place according to Section 1 paragraph 4.

SIDE will inform the guest of the exercise of the right of withdrawal without delay in text form.

The guest shall not have any claim to compensation in the occurrence of the above events.

6. Cancellation/withdrawal on the part of the guest

If the guest does not use the agreed services, then he shall remain obliged to pay cancellation charges according to the following conditions. The reason for the guest’s absence is irrelevant in this regard.

The following cancellation periods apply:

A booked room can be cancelled free of charge up to one day before arrival by 4pm free.
At a later time, the hotel reserves the right to charge 90% of the booked overnight accommodation amount.

In case of a booking of 10 rooms or more, special cancellation periods apply. After expiry of the deadlines, 90% of the booked overnight accommodation amount will be charged.

10 – 30 room units
up to 8 weeks before arrival 100% Free of charge
6 weeks before arrival 50% charge
4 weeks before arrival 75% charge
1 room free of charge up to one day before arrival by 4pm

30 – 50 room units
12 weeks before arrival 100% free of charge
8 weeks before arrival 50% charge
6 weeks before arrival 75% charge
2 rooms free of charge up to one day before arrival by 4pm

From 50 room units
20 weeks before arrival 100% free of charge
12 weeks before arrival 50% free of charge
8 weeks before arrival 75% charge
4 weeks before arrival 90% charge
2 rooms free of charge up to one day before arrival by 4pm

On particular dates, such as for example trade fair dates, special cancellation periods and payment methods will be determined.

The guest is permitted to provide evidence of a lower loss than the above-mentioned cancellation costs.
In all cases the following applies: the evidence of a smaller loss is permitted to the guest, the proof of a larger loss to SIDE, event services which were booked under misleading or inaccurate information of relevant facts and where the event organiser has a well-founded reason to assume that the use of the day services could endanger the smooth functioning of operations, the safety or the reputation of the event organiser with the public, without this being attributable to his area of responsibility or organisation.

7. Events

The event organiser shall obtain all official permits necessary to carry out his event in good time in advance and at his own expense. He is responsible for the observation of this permit as well as of other official regulations in association with the event. Newspaper advertisements and public invitations as well as sales events require the prior written agreement of SIDE. SIDE has the right to cancel this event if essential interests of SIDE will be damaged by the publication, or if SIDE has the justified grounds to suspect that the event risks jeopardising the smooth functioning of operations, the safety or the reputation of the company or of the guests. This applies in particular to political events. The organiser shall then not be due any compensation claims.
Where SIDE has obtained technical or other third-party facilities for the event organiser, SIDE shall act in the name and on behalf of the event organiser. The organiser shall be responsible for the correct use and proper return of this facility and shall indemnify SIDE against all claims by third parties resulting from the provision of these facilities. The event organiser shall only be permitted to bring external food and drink after prior written permission by SIDE. A service charge will then be invoiced.

The following cancellation periods apply for events:

Conference package

4-30 persons
8 weeks before event start cancellable 100% free of charge
6 weeks, 50% of participants free of charge
4 weeks, 25% of participants free of charge
1 week, 10% of participants free of charge
One participant can be cancelled free of charge up to one day before the start of the event

30-50 persons
12 weeks before event being cancellable 100% free of charge
8 weeks, 50% of participants cancellable free of charge
6 Weeks, 25% of participants cancellable free of charge
2 weeks, 10% of participants cancellable free of charge
Two participants can be cancelled free of charge up to one day before event start

from 50 persons
20 weeks before event start, 100% free of charge
12 weeks, 50% of participants free of charge
8 weeks, 25% of participants free of charge
4 weeks, 10% of participants free of charge
Two participants can be cancelled free of charge up to one day before event start

In case of a participant reduction, SIDE Hotel reserves the right to make appropriate changes to the room allocation.

Room rents

12 weeks before event start, cancellable 100% free of charge
8 weeks, 50% of room rent charged
6 weeks, 75 of room rent charged
2 weeks, 50% of the room rent + 50% of the lost F&B turnover charged
In case of a later withdrawal, 100% of the room rent + 50% of the lost F&B turnover will be charged.

If the agreed start and end times of the event are moved without the prior agreement of SIDE, then SIDE can charge additional costs for the reservation of staff, unless the moved dates are the responsibility of SIDE.

The following also applies here: the evidence of a small loss is reserved to the event organiser, the evidence of a larger loss to SIDE. Special services that become useless due to a cancellation, shall in any event be paid for.

The event organiser shall be responsible for the loss or damage caused by himself, his employees or guests. It is the obligation of the organiser to take out appropriate insurances. SIDE can require evidence for such insurances. In order to prevent damage, the affixing of decorative materials or other objects is only permitted with the written agreement of SIDE. If the rights of third parties are affected during events (copyrights etc), then the event organiser is obliged to pay relevant fees directly before carrying out the event (GEMA etc). If nevertheless compensation for damages claims are made against SIDE, the event organiser shall indemnify SIDE against the claimants.

Exhibition or other objects, including personal ones, that are brought from outside into the event rooms or the hotel are there at the risk of the customer. The hotel shall not be liable, including for damage to assets, except in case of gross negligence or malice on the part of the hotel. Exceptions to this are the injury to life, body, liberty or health. In addition, all cases in which the safeguarding represents a contractually typical obligation due to the circumstances of the individual case, are exempted from this liability indemnification.

Decorative material brought from outside must correspond to the fire safety technical requirements. The hotel is entitled to demand an official proof of this. If such a proof is not provided, the hotel is entitled to remove material already brought in at the expense of the customer. Due to potential damage, the setting up and affixing of objects must be agreed with the hotel in advance.

Exhibition or other objects brought in, must be removed without delay at the end of the event. If the customer fails to do this, the hotel may undertake the removal and storage at the expense of the customer. If the objects remain in the event room, the hotel can invoice an appropriate usage charge for the time that the objects remain in the room. The customer is free to provide evidence that the above-mentioned claim was not incurred or that it was not incurred in the demanded amount.

8. Liability

1. If faults or defects arise in the SIDE services listed in these terms and conditions, SIDE shall endeavour to remedy this. The guest is obliged to notify SIDE without delay of any faults or defects. If the guest intentionally fails to make this immediate notification, then he shall have no claim either to compensation for damages nor for discount.

2. SIDE shall be liable according to statutory regulations for all damages arising from the injury to body, life and health as well as in case of intentionally hidden defects.

For all other damage that is not covered by paragraph 2 and which is caused by lack of diligence on the part of SIDE, its legal representatives or agents, SIDE shall only be liable if this damage is based on the breach of an essential contractual obligation or on a cardinal obligation. Liability is limited to the foreseeable, contractually typical damage.

The above liability exclusions also apply in cases of claims for damages compensation made by the guest against employees or agents of SIDE. For objects brought in from outside, SIDE shall be liable to the guest according to statutory regulations. For this reason, liability for valuable objects (cash and jewellery and so on) is capped at EUR 800.00.

Guests will have access to a safe in their rooms.

SIDE shall endeavour to carry out wake-up calls punctually, transmit messages in a timely and correct manner and deliver goods of all kinds. Lost items will only be forwarded at the request, risk and expense of the guest. After expiry of one year after finding, the objects shall pass into the ownership of the finder. The above points do not create any liability on the part of SIDE.
If a guest is provided with a parking space in the hotel garage or another location even for a charge, this does not create any safeguarding contract.
SIDE does not have any surveillance obligation. SIDE shall only be liable for direct damage to the vehicle that is due to fault already existing at the time of provision of the parking space. This liability is limited to EUR 15,000.00 per vehicle including accessories. SIDE shall only be liable if the damage is notified to SIDE at the latest upon departure from the premises.

The guest shall use the leisure facilities of the hotel at his own risk.
Objects brought in from outside (technical equipment or even personal objects) of the event organiser are in the event rooms at the risk of the event organiser. The liability of SIDE and its employees is limited to intent and gross negligence, with the exception of injury to body, life and health.

9. Miscellaneous

If any provision of the terms of Business should become ineffective, this shall not affect the effectiveness of the remaining provisions. The invalid provision shall be replaced by another provision that is as close as possible to the intention of the original provision. Any other agreements or side agreements require written form.

Oral side agreements do not exist. The place of fulfilment is Hamburg.

Jurisdiction is, where the contracting partner of SIDE is a merchant in the meaning of the law, Hamburg. The law of the Federal Republic of Germany shall apply exclusively.

version: September 2016

SIDE
Drehbahn 49
20354 Hamburg

Questions? +49-40-30 99 90 info@side-hamburg.de