I. Scope
These terms and conditions apply to contracts for the rental of hotel rooms from Hotel Viva Sky for accommodation and to all other services provided by Hotel Viva Sky to the customer in this context (hotel accommodation contract).
The sub-letting or re-letting of the provided premises, the use of the provided hotel rooms for purposes other than accommodation purposes, public invitations or other uses and events require the prior express consent of Hotel Viva Sky and may be made dependent on the payment of an additional remuneration. Section 540 (1) sentence 2 BGB does not apply unless the customer is a consumer.
The customer's terms and conditions only apply if this has been expressly agreed in advance.
II. Conclusion of contract; statute of limitations
By booking a room, the guest accepts the terms and conditions of Hotel Viva Sky.
The contract is concluded when the customer's application is accepted by Hotel Viva Sky. Hotel Viva Sky is free to confirm the room booking in text form.
In principle, all claims against Hotel Viva Sky expire one year from the start of the legal limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by Hotel Viva Sky.
III. Services, prices, payment, offsetting
The customer is obliged to pay the agreed or applicable Hotel Viva Sky prices for the provision of rooms and the other services used by him. This also applies to third-party services commissioned by the customer directly or through Hotel Viva Sky, whose remuneration is paid by Hotel Viva Sky.
The agreed prices include the taxes applicable at the time the contract was concluded. Local taxes owed by the guest in accordance with local law, such as tourist tax, are not included. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local taxes on the subject of the service after conclusion of the contract, the prices will be adjusted accordingly.
Hotel Viva Sky may make its consent to a subsequent reduction in the number of booked rooms, the service provided by the hotel or the length of stay of the customer subject to an appropriate increase in the price for the rooms and/or for the other services provided by the hotel.
If payment on account has been agreed, payment must - subject to a different agreement - be made within 14 days of receipt of the invoice without deduction.
Hotel Viva Sky is entitled to demand an appropriate advance payment or security deposit from the customer, e.g. in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and payment dates may vary.
In justified cases, e.g. payment arrears by the customer or extension of the scope of the contract, Hotel Viva Sky is entitled, even after conclusion of the contract, to demand an advance payment or security deposit in accordance with No. 5 above or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
Hotel Viva Sky is also entitled to demand an appropriate advance payment from the customer at the beginning and during the stay, unless such payment has already been made.
IV. Withdrawal by the customer/failure to use the services of Hotel Viva Sky
The customer can only withdraw from the contract concluded with Hotel Viva Sky if a right of withdrawal has been expressly agreed in the contract, there is a legal right of withdrawal or if Hotel Viva Sky expressly agrees to the cancellation of the contract. The agreement on a right of withdrawal and any consent to a cancellation of the contract must be made in writing.
If an appointment has been made to exercise the right of withdrawal free of charge, the customer can withdraw from the contract until then without triggering payment or compensation claims from Hotel Viva Sky. The customer's right of withdrawal expires if he does not exercise it in writing with Hotel Viva Sky by the agreed date.
If a right of withdrawal has not been agreed or has already expired, there is also no legal right of withdrawal and does Hotel Viva Sky not agree to a cancellation of the contract, it remains entitled to the agreed remuneration despite failure to use the service. Hotel Viva Sky must take into account the income from renting out the rooms elsewhere and the expenses saved. If the rooms are not rented out elsewhere, Hotel Viva Sky may demand the contractually agreed remuneration and lump sum the deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price. He is free to prove that the aforementioned claim did not arise or did not arise to the extent required.
V. Withdrawal from Hotel Viva Sky, unapproved events
Hotel Viva Sky is entitled to extraordinarily withdraw from the contract for objectively justified reasons, in particular if...
force majeure or other circumstances for which Hotel Viva Sky is not responsible make it impossible to fulfill the contract;
Hotel services were booked with misleading or false information or concealment of essential contractual facts. The identity of the customer, his ability to pay or the purpose of his stay may be essential to the contract;
Hotel Viva Sky has reasonable cause to believe that the use of the hotel services may jeopardize the smooth operation, safety or public reputation of Hotel Viva Sky;
the purpose or reason of the stay is illegal;
the advance payment was not made even after a reasonable grace period set by Hotel Viva Sky has elapsed;
The booking has not been confirmed by the guest despite a reminder from the hotel.
Hotel Viva Sky can prevent or cancel unauthorized use or events.
The justified cancellation by Hotel Viva Sky or the prevention of an unauthorized event in accordance with No. 2 above does not give rise to the customer's claim for compensation.
VI. Room provision, handover and return
The customer is not entitled to the provision of specific rooms, unless this has been expressly agreed.
Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier provision. If there is no confirmation from the guest, Hotel Viva Sky has the right to allocate booked rooms elsewhere after 18:00 without the customer being able to derive a claim against Hotel Viva Sky from this. There is no obligation to award otherwise.
If you do not arrive by 23:00, Hotel Viva Sky has the right to cancel the booking. The guest has no claim against the hotel. In case of late arrival, it is up to the guest to contact the hotel in good time to agree on a code for the key safe.
On the day of departure, the rooms at Hotel Viva Sky must be vacated by 11.00 a.m. After that, due to late vacation of the room, Hotel Viva Sky may charge 50% of the full list price for its use across the contract until 14:00 and at least 90% after 14:00. This does not justify the customer's contractual claims. He is free to prove that Hotel Viva Sky has no or significantly lower claim to a usage fee. Should the room be reoccupied afterwards, the hotel is free to vacate the room and reallocate it as contractually agreed.
VII. Liability of Hotel Viva Sky
Hotel Viva Sky is liable for damage due to injury to life, limb or health for which it is responsible. Furthermore, Hotel Viva Sky is liable for other damages based on an intentional or grossly negligent breach of duty by Hotel Viva Sky, and damages based on an intentional or negligent breach of typical contract obligations of Hotel Viva Sky. Duties typical of the contract are those obligations which make the proper execution of the contract possible in the first place and on whose fulfilment the customer trusts and may rely. A breach of duty by Hotel Viva Sky is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause VII. Should malfunctions or deficiencies occur in the services of Hotel Viva Sky, Hotel Viva Sky will endeavour to remedy the situation upon becoming aware of or immediately complaining from the customer. The customer is obliged to do what is reasonable to rectify the fault and to keep potential damage to a minimum. In addition, the customer is obliged to inform Hotel Viva Sky in good time of the possibility of exceptionally high damage occurring.
Hotel Viva Sky is liable to the customer for items brought in in in in accordance with legal provisions. If the customer wishes to contribute money, securities and valuables with a total value of more than €800 or other items with a total value of more than €3,500, a separate storage agreement must be concluded with Hotel Viva Sky. Luggage storage at the front desk is a voluntary additional service provided by the hotel. No liability is assumed for loss or damage.
Items left behind by the customer will only be sent back at the customer's request, risk and, if applicable, costs. Hotel Viva Sky keeps the lost property for six months; after that, it is disposed of.
Wake-up calls are carried out with great care by Hotel Viva Sky.
Messages, mail and shipments for guests are handled with care. Hotel Viva Sky will only deliver and store shipments by prior arrangement. The liability of Hotel Viva Sky is subject mutatis mutandis to the liability of Hotel Viva Sky.
VIII. Hotel-specific information
By booking, the guest agrees that the email address provided will be used and stored by the hotel to answer questions and send a pre- & after-stay email. This consent can be withdrawn in writing by the guest at any time free of charge. (See also http://www.hotel-viva-sky.de/de/717-Datenschutz)
The reception is open until 22/23:00. If you do not arrive by this time, the booking will expire. The guest cannot make a claim against the hotel. (see 6.3)
The city of Constance charges a tourism and climate protection tax for all guests. Children up to 17 years of age are excluded. The amount is settled by the hotel and transferred to the city. The hotel is only an intermediary; questions and difficulties must be settled with the Constance City Council. (see 3.2)
According to the Federal Registration Act (as of May 2015), every guest must fill out a registration form upon arrival. In case of non-compliance, the hotel is free to refuse accommodation.
A room reservation is only valid from the age of 18; minor guests require permission from their legal guardian. This is provided by the hotel and must be applied for there in good time and independently.
Smoking in rooms (including windows) is strictly prohibited. If the balcony doors and windows are closed, you can smoke outside, otherwise the Sky Lodge terrace or the outdoor area in front of the hotel entrance are available.
If the room smells of smoke upon departure, the hotel will charge a cleaning fee of 100.00 EUR, regardless of where you smoked.
Noise protection hours (22:00 — 6:00) must be observed by all guests. In the event of a violation, the hotel may charge any discounts granted to neighboring guests to the perpetrators. In extreme cases, the hotel is entitled to cancel the further accommodation of the perpetrators. Any costs will be charged to the polluter.
Any costs for damage to inventory, loss of keys, as well as fees for smoking in the room or disturbance of the night's sleep (see points 5-7) can also be charged and charged by the hotel at a reasonable rate, or debited from a credit card. This also applies if the hotel bill is not paid.
The consumption of drinks brought along in the Sky Lodge and on the roof terrace is not permitted, as hot and cold drinks can be purchased at the hotel. Meals, such as cake, are welcome to be eaten in the room and on the terrace by appointment.
Entering the roof terrace is at your own risk and responsibility. The tiles are extremely smooth, especially when wet. The hotel cannot be held responsible for injuries.
The hotel is free to prohibit entry for safety reasons.
Entering fire escapes and escape routes is only permitted in an emergency.
Invoices and refunds must be checked immediately; subsequent complaints cannot be considered.
Luggage left at reception is handled with great care. As this is a voluntary and free service, the hotel assumes no liability for loss or damage.
The bicycle garage provided by the hotel is a free service with limited spaces, to which guests have no legal claim. No liability is also assumed for loss or damage.
The travel cancellation insurance, which is offered during booking and on our website, is only provided by the hotel; the contact person is the Hanse Merkur Insurance Group itself.
Parking cards for Döbeleplatz can be purchased at reception. The hotel cannot be held responsible for this free service. This applies to the availability of maps, the availability of parking spaces, and information. Advice from hotel employees is non-binding.
IX. Final provisions
Should individual provisions of these general terms and conditions be or become invalid or void, this shall not affect the effectiveness of the remaining provisions. In all other respects, the legal regulations apply.
As of May 2023
