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Terms and Conditions

General Terms and Conditions (GTC) of Gate Hotel UG (limited liability)

I. Scope of Application

These terms and conditions apply to contracts for the rental use of hotel rooms for accommodation, as well as for all additional services and deliveries provided by the hotel.
The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel.
The customer’s general terms and conditions will only apply if expressly agreed in writing beforehand.

II. Conclusion of Contract and Statute of Limitations

The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing.
All claims against the hotel generally expire after one year from the start of the statutory limitation period. Claims for damages expire after five years, regardless of awareness. These limitation reductions do not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.

III. Services, Prices, Payment, Offsetting

  1. The hotel is obligated to make the booked rooms available and provide the agreed services.
  2. The customer is obligated to pay the applicable or agreed prices of the hotel for the room rental and any other services used. This also applies to services and expenses incurred by the hotel at the request of the customer for third parties.
  3. Agreed prices include the statutory VAT. If the period between contract conclusion and fulfillment exceeds four months, and the price generally charged by the hotel for such services increases, the hotel may adjust the agreed price by no more than 5%.
  4. Prices may also be adjusted if the customer later requests changes to the number of rooms, hotel services, or the duration of the guests’ stay, and the hotel agrees.
  5. Hotel invoices without a due date are payable in full within 10 days of receipt. The hotel is entitled to declare outstanding amounts due and demand immediate payment. In case of default, the hotel may charge the statutory default interest.
  6. The hotel may require a reasonable advance payment or security deposit upon contract conclusion or afterward. The amount and due dates can be agreed upon in the contract.
  7. The customer may only offset or reduce claims of the hotel with undisputed or legally established claims.

IV. Customer Cancellation (Withdrawal, Termination)

  1. A customer’s withdrawal from the contract requires the hotel’s written consent. If this is not provided, the agreed price must still be paid even if the services are not used.
  2. If a date for free cancellation has been agreed upon in writing, the customer may withdraw from the contract without incurring payment or damages until that date. If the customer does not exercise their right to withdraw in writing by the agreed date, this right expires.
  3. For unused rooms, the hotel will offset income from other rentals and saved expenses.
  4. The hotel is free to charge the customer 80% of the agreed price for overnight stays (with or without breakfast) as a lump-sum damage amount. The customer may prove that no damage occurred or that the damage is less than the lump sum charged.

V. Hotel Cancellation (Termination)

  1. If a free cancellation option was agreed upon for the customer, the hotel may also cancel the contract within this period if there are inquiries from other customers for the reserved rooms, and the customer does not waive their cancellation right upon inquiry.
  2. The hotel may cancel the contract if a required advance payment is not made even after a reasonable grace period set by the hotel.
  3. The hotel may also cancel the contract for justifiable reasons, for example, if:
    • Force majeure or circumstances beyond the hotel’s control make fulfillment impossible.
    • Rooms are booked under false or misleading information regarding essential facts, e.g., the customer’s identity or the purpose of the stay.
    • The hotel has reasonable grounds to believe that the use of services could jeopardize its smooth operation, security, or reputation without being attributable to the hotel.
  4. In the case of justified cancellation, the customer has no claim for damages.

VI. Room Availability, Check-in, and Check-out

  1. The customer has no claim to specific rooms.
  2. Booked rooms are available from 3:00 PM on the agreed arrival date. Early check-in is not guaranteed.
  3. Rooms must be vacated by 11:00 AM on the departure date. For late check-out, the hotel may charge 50% of the full room rate until 3:00 PM and 100% thereafter. The customer may prove that the hotel incurred no or significantly lower costs due to the delay.
  4. Smoking is prohibited throughout the hotel. A fee of €100 may be charged for smoking in the rooms.
  5. Weapons are prohibited on the premises. Violations will result in a house ban.
  6. Hotel parking spaces are subject to availability and are provided from 3:00 PM on the arrival day until 11:00 AM on the departure day. Pre-booked parking follows the same cancellation terms as rooms.

VIII. Hotel Liability

  1. The hotel is liable for its obligations under the contract with the diligence of a prudent businessperson. Customer claims for damages are excluded except for:
    • Damages resulting from injury to life, body, or health due to the hotel’s breach of duty.
    • Other damages caused by intentional or grossly negligent breaches of duty by the hotel.
  2. For property brought by guests, liability is limited to:
    • Up to 100 times the room rate, but no more than €3,500.
    • For money, securities, and valuables, up to €800.
  3. Parking liability does not constitute a safekeeping contract, and the hotel is not liable for loss or damage to parked vehicles or their contents except in cases of intent or gross negligence.

IX. City Tax

The City of Berlin charges an accommodation tax (“City Tax”) on overnight stays. The tax applies once the accommodation is provided, regardless of actual use. Cancelled stays are not taxed.

X. Filming and Photography

Commercial filming, photography, and other recordings require prior hotel approval. Special rates may apply. Unlawful or unethical content is strictly prohibited, and the premises must be left in their original condition.

XI. Final Provisions

  1. Changes or additions to the contract, its acceptance, or these terms must be in writing. Unilateral changes by the customer are invalid.
  2. The place of performance and payment is the hotel’s registered office.
  3. German law applies exclusively, with the exclusion of the UN Sales Law.
  4. The court of jurisdiction is Berlin if the customer is a merchant, a public entity, or resides abroad.
  5. If any provision is invalid, the remaining provisions remain unaffected.

Berlin, January 2025
Gate Hotel UG (limited liability)
Torstraße 201, 10115 Berlin