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TERMS AND CONDITIONS

General terms and conditions of business

§ 1 Scope

1. These terms and conditions apply to all services provided by Backbord21502 GmbH. The services provided by Backbord21502 GmbH to guests, event organisers and other contractual partners consist in particular of the rental of hotel rooms and other premises for, for example, presentations, small trade fairs, seminars, meetings, conferences, banquets and other events, the sale of food and beverages, the supervision and organisation of cultural and sporting events and other programmes. Backbord21502 GmbH is entitled to have its services performed by third parties.

2. The subletting and re-letting of the premises and areas provided requires the prior written consent of Backbord21502 GmbH. Backbord21502 GmbH may, at its own discretion, grant a written exception upon request.

3. These terms and conditions apply to all types of contracts, such as hotel accommodation, package tour, quota or event contracts, concluded with Backbord21502 GmbH. The terms and conditions also apply to all future transactions with the contractual partner.

4. The contractual partner‘s general terms and conditions do not apply, even if Backbord21502 GmbH does not expressly object to them. Any counter-confirmations by the contractual partner with reference to its general terms and conditions are hereby rejected.


§ 2 Conclusion of contract, liability, items brought in and limitation period

1. Offers made by Backbord21502 GmbH are always subject to change.

2. The respective contract is generally concluded after a verbal or written application by the contractual partner and acceptance by Backbord21502 GmbH. Backbord21502 GmbH is free to confirm the application in writing, verbally, in text form (e-mail) or conclusively, by providing services.

3. The contracting parties are Backbord21502 GmbH and the respective contracting party/customer. If the contracting party is not the organiser itself, or if the organiser engages a commercial agent or organiser, the latter shall be jointly and severally liable with the organiser for all obligations arising from the contract. Within the scope of this ‘contingent contract’, the contractual partner is liable for all damages culpably caused by the end user.

4. A group booking exists if a contractual partner/customer books more than four rooms in a hotel establishment in one or more booking transactions that are related in terms of time and/or subject matter. This is independent of the method of booking and can be done in person, by telephone, by email, in writing, via www.backbord-geesthacht.de or via so-called online portals and third-party intermediary sites or by other means.

5. Backbord21502 GmbH shall be liable for its obligations under the contract with the diligence of a prudent businessman. Backbord21502 GmbH shall only be liable for all statutory and contractual claims in the event of intentional or grossly negligent conduct. Claims for damages by the contractual partner/customer are excluded. This does not apply to damages resulting from injury to life, limb or health if Backbord21502 GmbH is responsible for the breach of duty, or other damages based on intentional or negligent breach of typical contractual obligations of Backbord21502 GmbH. A breach of duty by Backbord21502 GmbH is equivalent to a breach of duty by a legal representative or vicarious agent. Should disruptions or defects occur in the services provided by Backbord21502 GmbH, Backbord21502 GmbH shall endeavour to remedy the situation upon becoming aware of it or upon immediate notification by the customer. The contractual partner/customer is obliged to inform Backbord21502 GmbH in good time of the possibility of exceptionally high damage occurring and to limit the possible damage to a minimum.

6. Backbord21502 GmbH shall not be liable for consequential or indirect damage.

7. Exclusions and limitations of liability apply equally in favour of all companies employed by Backbord21502 GmbH to fulfil its contractual obligations, their subcontractors and vicarious agents. They do not apply if Backbord21502 GmbH assumes a guarantee for the quality of an item or a work or in the case of fraudulently concealed defects.

8. The contractual partner/customer is obliged to report any recognisable defects in performance to the hotel immediately, at the latest upon departure.

9. The statutory provisions of Sections 701 et seq. of the German Civil Code (BGB) apply to items brought in by the contractual partner.

10. Items left behind by the contractual partner/customer will only be forwarded upon request, at the risk and expense of the contractual partner, in accordance with the statutory provisions. All claims of the contractual partner against Backbord21502 GmbH arising from or in connection with the contract shall become statute-barred after one year, beginning at the end of the year in which the claim arose and the contractual partner became aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence.


§ 3 Extension of use, room handover and departure

1. Rooms are provided exclusively for accommodation purposes.

2. The contractual partner/customer is liable to Backbord21502 GmbH for all damage caused by them or by third parties who receive the services of Backbord21502 GmbH at their instigation.

3. The contractual partner/customer has no claim to the use of specific rooms. If rooms are not available in the hotel, Backbord21502 GmbH will inform the contractual partner immediately and offer equivalent replacement accommodation in a nearby hotel of the same category. If the contractual partner refuses, Backbord21502 GmbH must immediately reimburse the contractual partner for any services rendered.

4. Booked rooms are available to the contractual partner from 3 p.m. on the day of arrival. Unless otherwise agreed, Backbord21502 GmbH has the right to allocate booked rooms to other guests after 6 p.m. without the contractual partner being able to derive any rights or claims from this.

5. The guest is obliged to vacate the rooms by 10:00 a.m. on the day of departure at the latest. Late check-out is possible in principle, but is subject to availability and is subject to additional fees, which can be requested from the hotel staff.



§ 4 Events

1. For events at which food and beverages are served, the organiser must provide Backbord21502 GmbH with binding information on the number of participants and the selection of food at least 10 working days before the event. If the number of participants exceeds the number agreed upon at the time of booking, this higher number of participants shall only become part of the contract if Backbord21502 GmbH agrees to this in writing. If Backbord21502 GmbH does not agree, the contractual partner is not entitled to hold the event with a higher number of participants. If Backbord21502 GmbH agrees, the invoice will be based on the new agreement. Additional expenses may be charged. The contracting party has no right to consent. The invoice is based on the contractual agreements, regardless of the notification of the number of participants.

2. Reserved rooms are only available to the contractual partner within the period agreed in writing. Any use beyond this requires the written consent of Backbord21502 GmbH and is generally only granted for an additional fee. Room changes are possible, provided that these are reasonable for the contractual partner, taking into account the interests of Backbord21502 GmbH.

3. If the agreed start time of an event is postponed, Backbord21502 GmbH shall be entitled to charge the contractual partner for all additional costs incurred as a result.

4. For events that continue past midnight, Backbord21502 GmbH may charge €50.00 plus VAT for each service staff member booked for each hour or part thereof. The contractual partner shall be liable to Backbord21502 GmbH for additional services provided to event participants or to third parties in connection with the event.

5. All events subject to GEMA fees must be reported to GEMA in advance by the organiser. The organiser shall bear the GEMA fees. Backbord21502 GmbH shall be indemnified by the organiser against all claims by GEMA. The contractual partner shall obtain all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner is responsible for complying with all relevant legal and regulatory requirements.

6. The contractual partner is liable for the conduct of its employees, event participants and other auxiliary staff as well as for its own conduct. Backbord21502 GmbH may require the contractual partner to provide appropriate security (e.g. insurance, deposits, guarantees).

7. Any packaging materials, exhibition items or other objects brought to the venue must be removed after the end of the event. If the organiser fails to do so, Backbord21502 GmbH is entitled to remove and store them at the organiser‘s expense. If items or packaging are left behind in the event room, Backbord21502 GmbH may charge room rental for the duration of their stay. The organiser reserves the right to prove that the damage was less than this. In order to prevent damage, the installation and placement of decorative materials or other items must be agreed with Backbord21502 GmbH in advance. Items brought in as part of an event, such as decorative materials or similar, must comply with all relevant regulations. Malfunctions or defects in equipment provided by Backbord21502 GmbH will be remedied by Backbord21502 GmbH as far as possible. The contractual partner cannot derive any claims in this regard. Backbord21502 GmbH does not provide insurance cover for items brought in. The conclusion of any necessary insurance is the sole responsibility of the contractual partner.

8. The use of the organiser‘s own electrical equipment requires the written consent of the hotel management before connection to the Backbord21502 GmbH power supply. The electricity consumption incurred will be charged at the applicable supply and working rates, as charged to Backbord21502 GmbH by the utility company. Backbord21502 GmbH is free to charge a flat rate. Any malfunctions or defects in the technical equipment of Backbord21502 GmbH caused by the connection shall be borne by the contractual partner/customer.

9. If Backbord21502 GmbH procures technical or other equipment from third parties for the contractual partner, Backbord21502 GmbH shall act on behalf of and for the account of the contractual partner/customer. The latter shall be liable for the careful handling and proper return of the equipment and shall indemnify Backbord21502 GmbH against all claims by third parties upon first written request. Backbord21502 GmbH shall not be liable for late procurement or defects in the procured equipment.

10. Bringing your own food and beverages to events is only permitted with the express permission of the hotel management and is subject to additional costs.

11. Any form of advertising, information or invitations that establish a connection with Backbord21502 GmbH, in particular through the use of the respective hotel name, requires the prior written consent of the hotel.


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

1. The prices for the respective services are determined by the price list of Backbord21502 GmbH valid at the time of service provision. All prices include the currently applicable statutory value added tax. Unless otherwise stated, the prices do not include public levies such as visitor‘s tax, cultural promotion levies (so-called ‘bed tax’) or similar. The contractual partner/customer shall bear these levies in addition to the prices. The respective amounts will be invoiced separately. Increases in value added tax shall be borne by the contractual partner/customer. If the period between the conclusion of the contract and the first contractual service exceeds 120 days, Backbord21502 GmbH shall be entitled to increase prices by up to a maximum of 10%. Subsequent changes to the services may lead to changes in prices. Backbord21502 GmbH 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/customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be specified in the contract.

2. If the contractual partner/customer has booked within a period during which a trade fair, major event or other regional event is taking place in the greater Hamburg, Schleswig Holstein and Lower Saxony, and if, after conclusion of the contract, such an event is postponed for reasons for which Backbord21502 GmbH is not responsible, this contract shall apply to the new period if Backbord21502 GmbH is able to fulfil the agreed services at that time. Backbord21502 GmbH shall inform the contractual partner within a reasonable period of time whether it can fulfil its obligation to perform. If performance is not possible, in particular if the booked rooms have already been rented to third parties for the new period, the parties may withdraw from the contract without giving reasons. The assertion of claims against the other party is excluded. This does not apply to services already rendered. These must be refunded or reimbursed.

3. Backbord21502 GmbH‘s payment claim 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 7 days after dispatch, unless earlier receipt can be proven. In the event of late payment, the statutory rules shall apply.

4. The creation 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 a single invoice entitles Backbord21502 GmbH to withhold all further and future services and to make the performance of the services dependent on a security deposit of up to 100% of the outstanding payment.

5. Backbord21502 GmbH is entitled to demand payment of accrued claims at any time and to demand immediate payment. In the event of late payment, Backbord21502 GmbH is entitled to charge the applicable statutory default interest of currently 8%, or in the case of legal transactions involving a consumer, 5% above the base interest rate. Backbord21502 GmbH reserves the right to prove damage.
Invoices are generally payable immediately in cash or by credit card. Backbord21502 GmbH is entitled to refuse foreign currency, cheques and credit cards. Vouchers from tour operators are only accepted if a credit agreement exists with the company in question or if corresponding advance payments have been made. Refunds for unused services are excluded.

6. The contractual partner may only offset a claim against Backbord21502 GmbH if their claim is undisputed or has been legally established. This applies 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 Backbord21502 GmbH.

7. If the contractual partner uses a credit card to pay for Backbord21502 GmbH services with advance payment obligation (e.g. general orders with advance payment or guaranteed booking) without physically presenting it (e.g. by telephone, the Internet, etc.), the contractual partner is not entitled to revoke this charge vis-à-vis their credit card institution in relation to Backbord21502 GmbH.

8. Invoice corrections and changes on the part of Backbord21502 GmbH shall only be made upon presentation of the original invoice to Backbord21502 GmbH and shall only be processed within 14 days of receipt of the original invoice.


§ 6 Withdrawal, cancellation, reduction

1. Reservations made by the contractual partner are binding for both contractual partners. If a right of withdrawal has not been agreed or has already expired, and if there is no statutory right of withdrawal or termination and Backbord21502 GmbH does not agree to a cancellation of the contract, Backbord21502 GmbH shall retain the agreed remuneration despite the service not being used. Backbord21502 GmbH shall offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, Backbord21502 GmbH may apply a flat rate deduction for expenses saved. In this case, the contractual partner is obliged to pay the following proportions of the contractually agreed total price for accommodation with or without breakfast.

Cancellations must always be made in writing.
- Cancellations are free of charge up to 7 days before arrival.
- For cancellations made 6 days or less before arrival, we charge 80% of the total price.
- For cancellations made 36 hours or less before arrival or in the event of a no-show, we charge 100% of the total price.
We recommend taking out travel cancellation insurance.

2. The contractual partner is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

3. If Backbord21502 GmbH is able to provide the cancelled service to third parties within the agreed period, the contractual partner‘s compensation shall be reduced by the amount paid by these third parties for the cancelled service, up to a maximum of the total compensation.


§ 7 Withdrawal and termination

1. Backbord21502 GmbH is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) in accordance with the statutory provisions if

a) the contractual partner fails to perform a due service

b) the fulfilment of the contract is impossible due to force majeure, strikes or other circumstances for which Backbord21502 GmbH is not responsible

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

d) the contractual partner uses the name of Backbord21502 GmbH in advertising measures without prior written consent

e) rooms covered by the contract are sublet in whole or in part without the written consent of Backbord21502 GmbH

f) Backbord21502 GmbH has reasonable grounds to believe that the use of the hotel services may jeopardise the smooth running of the business, the safety or the public reputation of Backbord21502 GmbH.

2. Backbord21502 GmbH must inform the contractual partner of the exercise of the right of withdrawal/termination in writing without delay, at the latest within 14 days of becoming aware of the reason. The cancellation of the contract by Backbord21502 GmbH does not entitle the contractual partner to claim damages or other compensation. Backbord21502 GmbH‘s claim for compensation for damages incurred and expenses incurred by it remains unaffected in the event of justified termination of the contract.


§ 8 Additional provisions for package travel contracts

1. If Backbord21502 GmbH‘s obligation to provide services includes, in addition to the provision of board and lodging, the organisation of a leisure programme as a paid service, this constitutes a so-called package travel contract.

2. The contractual partner cannot assert any claims due to changes, deviations or reductions in individual services within the scope of a package travel contract that become necessary after the conclusion of the contract if they are merely insignificant.

3. In the case of brokered services (package tours not affected), Backbord21502 GmbH is not liable for the provision of services by third-party service providers or transport companies, but only for the proper brokerage of the travel service and for the proper transmission of information from the service provider to the participant.

4. In the case of a package tour, liability for damages that are not physical injuries is limited to three times the tour price, provided that the damage to the contractual partner was not caused intentionally or through gross negligence, or provided that Backbord21502 GmbH is solely responsible for damage incurred by the contractual partner due to the fault of a service provider.


§ 9 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 Backbord21502 GmbH.

2. German law applies.

3. The place of jurisdiction is – to the extent legally permissible – the registered office of Backbord21502 GmbH.



Backbord21502 GmbH
Bult 2
21029 Hamburg

info@backbord21502.de

Hamburg Local Court HRB 192025  
Management: Marcus Leiseder
VAT ID: DE 454317544

As of: August 2025

 


* Note: Our General terms and conditions of business page has been translated by a translation tool and is not legally binding. Please refer to our German Terms and Conditions page for the binding wording.

BACKBORD GEESTHACHT

HOTEL   ELBE HALL   SUMMER GARDEN

Backbord Geesthacht
Elbstraße 7
21502 Geesthacht

info@backbord21502.de
Phone: +49 40 7256 0550

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