Terms and Conditions of LyvInn Hotels

Status 20.01.2023

1. Scope

These T&C’s apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by LyvInn Hotels to the customer in this context (hereinafter referred to as “contract”). The term “contract” includes and replaces the following terms: Hotel accommodation contract, lodging contract, guest accommodation contract, hotel contract and hotel room contract. The term “customer” shall be used uniformly for guest, orderer, tenant, organiser, agent, etc. The T&C’s apply to services and deliveries of LyvInn Hotels (hereinafter referred to as: Hotel) under the following company names:

Hotel Frankfurt Messe:

Salima 1 OpCo GmbH, Westendstraße 28, 60325 Frankfurt / Main, Germany

The customer’s T&C’s shall only apply if this has been expressly agreed in advance.

1. Conclusion of contract

(1) The contract is concluded by the hotel’s acceptance of the customer’s application. Acceptance is effected by means of a booking confirmation from the hotel. The hotel is free to confirm the booking in text form. If the payment or authorisation of the means of payment fails during a booking via the hotel’s website (www.lyvinn.com), no booking is made and therefore no contract is concluded.

(2) The contracting parties are the hotel and the customer. If the booking is not made by the customer himself but by a third party, the third party shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the contract. Irrespective of this, the third party is obliged to pass on to the customer all information relevant to the booking, in particular these T&C’s.

(3) The sub-letting and re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form.

(4) Bookings may only be made by persons with full legal capacity.

(5) If a customer makes several bookings for individual travellers of up to 4 rooms for the same period, although the booking of a group tour of 5 rooms or more is also possible in this respect, the hotel reserves the right to combine the bookings as a group booking and to treat them in accordance with its regulations.

(6) The respective valid house rules shall also become part of the contract. The house rules can be requested from the hotel.

III. Services, prices, payment

(1) The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.

(2) The hotel is entitled to accommodate customers at the booked price in another hotel with comparable facilities and services without any recourse being possible against the hotel if there is an important reason, in particular if accommodation in the reserved hotel is not possible. The customer shall have no claim in this respect.

(3)The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services booked or used by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.

(4) The hotel does not accept cash payment when paying the price.

(5) The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. They do not include local taxes that are owed by the customer according to the respective local law (e.g. visitor’s tax). In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and performance of the contract exceeds four months.

(6) The hotel may make its consent to a subsequent change requested by the customer in the number or category of rooms or beds booked or the hotel’s service or the customer’s length of stay conditional on an increase in the price for the provision of the room and/or the hotel’s other services.

(7) The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in text form in the contract.

(8) The total price less any advance payments already made is due, unless otherwise agreed, after detailed invoicing on arrival before the room is made available and/or other services are provided by the hotel.

(9) Special conditions apply for groups, which will be sent with an offer.

(10) Special offers and discounts cannot be combined, the most favourable offer applies in each case. The hotel reserves the right to request proof of accommodation from the customer upon arrival.

(11) Invoices of the hotel are payable immediately upon receipt by the customer without deduction. The customer shall be in default at the latest if he fails to make payment within 14 days of receipt of an invoice. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest applicable at the time. The statutory interest on arrears currently amounts to 5 percentage points above the base rate for legal transactions involving a consumer.

(12) Any bank charges and currency differences arising from the payment of the price shall be borne by the customer. In the event of return debits or chargebacks, the hotel shall charge the customer for the costs incurred.

(13) Refunds are usually made via the original means of payment used.

(14) The customer may only set off or reduce a claim or exercise a right of retention against a claim of the hotel with a claim that is undisputed or has been finally adjudicated.

(15) Our hotels are cashless.

(16) At check-in, the data and details on the registration form may be checked against a photo ID at the hotel’s request.

1. Withdrawal of the customer (cancellation) / non-utilisation of the booked services (no-show)

The hotel grants the customer a right of withdrawal in accordance with the following provisions:

(1) Room bookings for individual travellers:

1. a) Free cancellations are possible up to one day before arrival, unless otherwise agreed. On certain days there may also be deviations.
2. b) If a booking has been made, the following cancellation fees will be charged in the event of cancellation on the day of arrival or if the service is not used:
3. aa) in the event of a lodging rate, 100% of the contractually agreed lodging rate shall be charged.
4. bb) in the case of a rate combining accommodation and services, such as breakfast, 100% of the contracted accommodation rate will be charged.
5. c) In deviation from the above regulations, bookings with the addition “non-refundable” cannot be cancelled free of charge. 100% of the contractually agreed accommodation price will be charged.

(2) Room bookings for groups:

Group bookings will be notified of special cancellation conditions with the offer.

(3) The exercise of the customer’s right of withdrawal requires text form.

1. Withdrawal of the hotel

(1) If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers about the contractually booked room and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline.

(2) If an advance payment or security deposit agreed or demanded in accordance with Clause III (7), (8) and (11) is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall be entitled to withdraw from the contract.

(3) Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if:

– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;

– rooms or spaces are booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay;

– the hotel has reasonable grounds to believe that the use of the hotel service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organisation;

– the purpose or reason for the stay is unlawful; – there is a violation of section II paragraph 3 or 4, section VI paragraph 4 or 8 to 9;

– the hotel becomes aware of circumstances that the financial circumstances of the customer have deteriorated significantly after conclusion of the contract, in particular if the customer does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk;

– the customer has filed an application for the opening of insolvency proceedings against his assets, has submitted an affidavit in accordance with § 802 c para. 3 of the German Code of Civil Procedure (Zivilprozessordnung), has initiated extrajudicial proceedings for the settlement of debts or has suspended his payments;

– insolvency proceedings are opened against the assets of the customer or the opening of such proceedings is rejected for lack of assets or for other reasons.

(4) The justified withdrawal of the hotel does not justify a claim for damages on the part of the customer.

1. Arrival and departure, other provisions regarding the hotel stay

(1) The customer does not acquire a claim to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in writing.

(2) in the case of group bookings with accommodation in shared rooms, the hotel will determine the room layout.

(3) Booked rooms are available to the customer from 3.00 p.m. on the agreed day of arrival. The customer has no right to earlier availability. Earlier availability always requires the consent of the hotel.

(4) On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. After this time, the hotel may charge 100% of the full valid accommodation rate for the use of the room in excess of the contractually agreed rate, in addition to any damage incurred by the hotel as a result. Contractual claims of the customer are not justified by this. In the event of a late check-out booked in advance, the departure time shall be extended to 3.00 p.m. at the latest.

(5) For groups, a list of all participants with full name and date of birth must be handed over to the hotel at the latest 3 days upon arrival.

(6) If the total number of persons arriving exceeds the contractually agreed number of persons, there shall be no entitlement to accommodation for the additional persons.

(7) Persons under 18 years of age are not permitted to spend the night in the dormitory. In private rooms, minors may only stay overnight in the company of a parent or at least one adult person authorised by the legal guardians or with a written declaration of consent and a copy of the identity card of a person with parental authority. The latter is only accepted for minors over 16 years of age. These regulations do not apply to group travellers accompanied by an adult person authorised by the legal guardians. The hotel reserves the right to refuse accommodation to minors in individual cases.

(8) Children older than 3 years must always be accommodated in their own beds. Parents / legal guardians must ensure that they only sleep in the lower beds in order to minimise the risk of accidents. A limited number of children’s beds are available and must be booked before arrival. The parents must fulfil their duty of care in this respect. The hotel is not liable for any damage.

(9) The bringing of pets or noisy large medical equipment (e.g. respirators/oxygen equipment) is only permitted in private rooms. The hotel may refuse to accommodate animals in individual cases. Animals must always be registered with the hotel in advance. The hotel charges a fee of 20.00 EUR per animal and overnight stay.

(10) If breakfast is booked, breakfast will be served after the overnight stay.

VII. Liability and limitation

(1) The customer is liable for culpably or negligently caused inventory damage or gross contamination. If the guilty party of a group is not identified, the entire group is jointly and severally liable. Damage or costs for the removal of gross contamination are to be paid directly on site or will be invoiced subsequently if the hotel is charged costs for e.g. fire brigade or other rescue operations by third parties. The latter also applies to damage and gross contamination which is only discovered after the departure of the client or group.

(2) Smoking is strictly prohibited in all areas of the hotel. In case of violation, the hotel will charge a fee of 500.00. The same applies to tampering with smoke alarms or unauthorised opening of emergency doors. The hotel reserves the right to claim higher damages if, for example, the hotel is charged for a fire brigade operation or a fire caused by unauthorised smoking has caused damage to the hotel property.

(3) Should any disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation upon immediate notification by the customer. If the customer culpably fails to notify the hotel of a defect, a claim for reduction of the contractually agreed remuneration shall not arise.

(4) The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated below.

(5) Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a custody agreement. The hotel is not obliged to monitor the parking space.

(6) Messages, mail and consignments of goods for customers are handled with care. The hotel will take care of the delivery, safekeeping and – on request – forwarding of the same against payment, as well as for lost property on request. The hotel’s delivery address may differ from the hotel or company address. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a storage period of one month at the latest, charging an appropriate fee.

(7) Claims for damages by the customer shall be asserted at the latest within two years from the time at which the customer becomes aware of the damage and shall be excluded thereafter. This does not apply to the hotel’s liability for damages arising from injury to life, limb or health or for other damages based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.

(8) Disclaimer: Gymnastics on and jumping from, as well as improper use of the double-decker beds are strictly prohibited. The hotel accepts no liability for any damage or injury caused by falling from a double-decker bed or from the steps themselves.

VIII. Final provisions

(1) Amendments or additions to the contract, the acceptance of the application or these T&C’s shall be made in text form. Unilateral amendments or supplements by the customer are invalid.

(2) The place of performance and payment is the registered office of the hotel.

(3) The exclusive place of jurisdiction – also for disputes regarding cheques and bills of exchange – in commercial transactions shall be the hotel’s registered office. If a contracting party does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the hotel’s registered office under company law. However, the hotel is also entitled to bring legal actions and other legal proceedings at the customer’s general place of jurisdiction.

(4) The law of the Federal Republic of Germany shall apply as a matter of principle. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

(5) Should individual provisions of these T&C’s for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

(6) LyvInn Hotels dissociates itself in all respects from radicalism, discrimination, xenophobia and violence and reserves the right not to accommodate persons who lack this distance.