SHOP
Allgemeine Geschäftsbedingungen THE BLASKY
§ 1 Scope of application
1.1. These terms and conditions apply to accommodation contracts and to all other services provided to third parties (guests) by TEMA GmbH, trading under the brand name The Blasky, and all its subsidiaries.
1.2. Deviating provisions, even if they are contained in the general terms and conditions of the contractual partner, shall not apply unless they are expressly recognized in writing by TEMA GmbH, acting under The Blasky brand, and all its sub-companies.
§ 2 Conclusion of contract
2.1. In response to a booking request from the customer, the accommodation contract shall be concluded if the room is available with a corresponding reservation confirmation from TEMA GmbH, trading under The Blasky brand, and its sub-companies, which must be made at least in text form.
2.2. The contracting parties are the relevant TEMA GmbH, trading under the brand name The Blasky, and all its sub-companies operating the hotel, apartment or other accommodation (hereinafter TEMA GmbH, trading under the brand name The Blasky), and the customer. If a third party makes the booking on behalf of the guest, the third party is liable together with the guest as joint and several debtor for all obligations arising from the concluded contract, provided that TEMA GmbH, acting under The Blasky brand, has received a corresponding declaration from the third party; this does not affect the tortious liability of the guest. Irrespective of this, each customer must ensure that the guest complies with the contractual provisions and the provisions of these terms and conditions.
2.3. Offers made by TEMA GmbH, trading under The Blasky brand, and its sub-companies with regard to available rooms are subject to change and non-binding. TEMA GmbH, trading under The Blasky brand, and its sub-companies may refuse to conclude an accommodation contract at their own discretion.
2.4. There is no entitlement to the use of the accommodation service in a specific room. TEMA GmbH, acting under The Blasky brand, and its sub-companies reserve the right to define industry-standard restrictions such as minimum stays, booking guarantees or deposits for certain dates.
2.5. The subletting and re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of TEMA GmbH, acting under the brand name The Blasky.
§ 3 Services, prices, payments
3.1. TEMA GmbH, acting under the brand name The Blasky, is obliged to keep the rooms booked by the customer available in accordance with these General Terms and Conditions and to provide the agreed services. The contractual partner does not acquire any claim to the provision of specific rooms unless TEMA GmbH, acting under The Blasky brand, has confirmed the provision of specific rooms in writing. If rooms or other services (e.g. laundry service) are reserved in addition, the conditions for these additional services are binding for both contracting parties.
3.2. The amount of the remuneration shall be determined by the respective agreement, subsidiarily the respective price list with the respective rates and service descriptions.
3.3. The contractual partner is obliged to pay the applicable or agreed prices of TEMA GmbH, acting under The Blasky brand, for the room rental and the other services used by him. This also applies to services and expenses of TEMA GmbH, acting under The Blasky brand, towards third parties that are arranged by the guest or the customer.
3.4. The invoice amount is due for payment without deduction within 7 days of invoicing. We would like to point out that we are not obliged to issue a separate payment reminder or overdue notice. In the event of late payment, we reserve the right to charge interest on arrears and other reminder fees in accordance with the statutory provisions. In the event of late payment, TEMA GmbH, trading under the brand name The Blasky, is entitled to charge consumers interest on arrears at a rate of 5% above the ECB prime rate. In business transactions, the default interest rate is 8% above the prime rate of the ECB. TEMA GmbH, acting under the brand name The Blasky, reserves the right to claim higher damages. The hotel may charge a reminder fee of EUR 5.00 for each reminder sent after default has occurred.
3.5. The acceptance and selection of credit cards is at the discretion of TEMA GmbH, acting under the brand name The Blasky, in each individual case upon presentation of a credit card. This also applies if the general acceptance of credit cards is indicated by notices in the accommodation building. Checks, credit cards and other means of payment are only accepted on account of performance. If your credit card does not permit a debit, your reservation will be automatically canceled.
3.6. TEMA GmbH, acting under the brand name The Blasky, is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date may be agreed in writing in the contract. TEMA GmbH, acting under The Blasky brand, is also entitled to declare claims accrued during the contractual partner’s stay due at any time by issuing an interim invoice and to demand immediate payment.
3.7. The contractual partner may only offset or reduce a claim of TEMA GmbH, acting under The Blasky brand, against an undisputed or legally established claim.
3.8. The customer must expressly provide the contractual partner with the correct billing address at the time of booking. If the billing address is not defined in detail by the Customer, the Contractual Partner shall use the details known to it at the time of booking.
§ 4 Arrival and departure
4.1. Booked rooms are available to the guest from 15:00 on the agreed day of arrival. The guest is not entitled to earlier availability.
4.2. Booked rooms must be occupied by the guest by 11:59 p.m. on the agreed day of arrival at the latest. Unless a later arrival time has been expressly agreed, TEMA GmbH, acting under the brand name The Blasky, has the right to allocate booked rooms to other guests after 00:00 without the guest being able to derive any claims for compensation from this. TEMA GmbH, acting under The Blasky brand, is entitled to a right of withdrawal in this respect.
4.3. Unless otherwise agreed, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest on the agreed departure date. Thereafter, TEMA GmbH, acting under the brand name The Blasky, may charge the daily room rate for the additional use of the room in addition to the damage incurred by it as a result. The contractual partner is at liberty to prove to TEMA GmbH, trading under The Blasky brand, that it has incurred no loss or a significantly lower loss.
§ 5 Cancellation by the guest, withdrawal
5.1. TEMA GmbH, acting under The Blasky brand, grants the contractual partner the right to withdraw from the contract at any time. In the event that the contractual partner withdraws from the reservation, TEMA GmbH, trading under The Blasky brand, has the right to reasonable compensation.
5.2. TEMA GmbH, acting under The Blasky brand, has the option of claiming a flat-rate cancellation fee from the contractual partner instead of a specifically calculated compensation.
5.3. In the case of guaranteed bookings by private individuals, we will hold the reservation even after 17:00. It can be canceled free of charge up to 24 hours before arrival, unless other arrangements have been agreed with the reservation confirmation. After this time, 100% of the agreed price may be charged.
5.4. Cancellations of commercial group or contingent reservations by companies or enterprises.
- Up to 20 rooms per night: Cancellations up to 4 weeks before arrival are free of charge. Unless otherwise contractually agreed (e.g. for trade fair periods). Further cancellation regulations may apply if these are additionally noted in the contract.
- From a group size of at least 20 rooms per night: Cancellations up to 8 weeks before arrival are free of charge, unless otherwise contractually agreed (e.g. for trade fair periods). Further cancellation regulations may apply if these are additionally noted in the contract.
- Cancellations after the deadline specified in a) and b) will be charged 100% of the agreed total price. Verbal and written special agreements on room reservations or the rental of event rooms or special services are excluded from the above-mentioned cancellation agreements and require separate agreement.
5.5. If TEMA GmbH, acting under the brand name The Blasky, calculates the compensation specifically, the amount of the compensation is the amount of the agreed price for the service to be provided by TEMA GmbH, acting under the brand name The Blasky, less the value of the expenses saved by TEMA GmbH, acting under the brand name The Blasky, as well as what TEMA GmbH, acting under the brand name The Blasky, acquires through other uses of the hotel service. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
5.6. The above provisions on compensation apply accordingly if the guest does not make use of the booked services without informing TEMA GmbH, acting under The Blasky brand, in good time.
§ 6 Withdrawal of the customer from the hotel accommodation contract
6.1. The customer may only withdraw from the hotel accommodation contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract termination should be made in text form.
6.2. If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel.
6.3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or right of termination and the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite the non-utilization of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
§ 7 Withdrawal of TEMA GmbH, acting under the brand The Blasky
7.1. If, in individual cases, the customer’s right to withdraw from the contract free of charge within a certain period was agreed in writing upon conclusion of the contract, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually reserved rooms or the contractually reserved event rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
7.2. If an advance payment or security deposit agreed or demanded in accordance with Section III. above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
7.3. Furthermore, the hotel is entitled to withdraw from the contract for an objectively justified reason. An objectively justified reason exists if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
- rooms are booked with misleading or materially false information, e.g. regarding the identity of the customer or the purpose;
- events or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
- the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
- the purpose or occasion of the stay and/or the event is unlawful;
- the customer allows a third party to use the room without the hotel’s consent.
7.4. The justified withdrawal of the hotel does not entitle the customer to claim damages.
§ 8 Withdrawal by the customer from events etc.
8.1. The customer may only withdraw from the event contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract termination shall be made in text form.
8.2. If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
8.3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or right of termination and the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilization of the service. The hotel must offset the income from other use of the rooms as well as the expenses saved. The expenses saved can be calculated as a lump sum as follows.
8.4. The obligation to pay compensation does not apply in the event of cancellation up to 84 days before the agreed date of the event. In the event of withdrawal, the compensation shall amount to – up to 42 days before the start of the event 50% – up to 14 days before the start of the event 75% – from 13 days before the start of the event 90% of the agreed price or the price resulting from the hotel’s price list for the agreed event. If the customer has only rented premises (without food and beverages), the compensation shall amount to 90% of the agreed price, irrespective of the time of termination. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher loss has been incurred.
§ 9 Liability and special regulation of TEMA GmbH, acting under the brand The Blasky
9.1. TEMA GmbH shall be liable without limitation for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty.
9.2. TEMA GmbH is only liable for other damages in the event of intent or gross negligence. In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical of the contract.
9.3. The above liability regulations also apply in favor of the legal representatives, employees and vicarious agents of TEMA GmbH. Mandatory statutory liability, in particular under the Product Liability Act, remains unaffected.
9.4. Wake-up service
Wake-up orders are carried out with the utmost care. Liability for non-performance or faulty performance is excluded, unless it is based on intent or gross negligence.
9.5. Use of parking spaces
If the guest is provided with a parking space on the hotel property – even for a fee – this does not constitute a safekeeping agreement. The hotel assumes no duty of supervision. In the event of loss of or damage to vehicles or their contents, the hotel shall only be liable in the event of intent or gross negligence. The damage must be reported to the hotel at the latest when leaving the hotel property.
9.6. Lost property
The hotel is only liable for lost or forgotten items in the event of intent or gross negligence. Found items will be kept for six months. Upon request, they will be returned against reimbursement of the shipping costs. After the retention period has expired, the items will be recycled or disposed of in accordance with the law.
9.7. Smoking ban and special cleaning
Smoking is strictly prohibited in all rooms. In the event of non-compliance, the hotel may charge the guest for the costs of the necessary special cleaning and the loss of use of the room. These costs are calculated on the basis of actual expenditure. The hotel reserves the right to claim further damages. The guest reserves the right to prove lesser damages.
9.8. House rules / rules of conduct
The hotel is entitled to refuse entry to guests or to terminate a stay if there is reasonable cause to believe that the guest is under the influence of drugs or alcohol, is harassing or insulting other guests or employees or is causing a lasting disturbance to the peace of the establishment. In such a case, the accommodation contract can be terminated without notice.
§ 10 Possible use of public areas of the hotel
10.1. When booking a room, the guest may use the designated public areas of the hotel and the restaurant, such as the lobby, bar, terrace, etc., free of charge. However, the public areas are not considered part of the hotel accommodation contract for the booked hotel room.
10.2. TEMA GmbH, acting under the brand The Blasky, reserves the right to close the public areas for urgent operational reasons, even at short notice.
10.3. If the public area is unavailable, the guest is not entitled to a partial or full refund of their payment for the accommodation service.
§ 11 Statute of limitations and final provisions
11.1. Contractual claims for damages by the contractual partner shall become time-barred within one year of the commencement of the statutory limitation period. This shall not apply to claims for damages arising from injury to life, limb or health or for other damages based on an intentional or grossly negligent breach of duty by the hotel, a legal representative or vicarious agent. In these cases, the statutory limitation periods shall apply.
11.2. Amendments or additions to the contract or these General Terms and Conditions must be made in writing to be effective. Unilateral amendments or additions by the customer are invalid.
11.3. The place of performance and payment is the registered office of TEMA GmbH, trading under the brand name “The Blasky”, in Frankfurt am Main.
11.4. The exclusive place of jurisdiction for all disputes arising from the contractual relationship – insofar as the contractual partner is a merchant, a legal entity under public law or a special fund under public law – is the registered office of the hotel in Frankfurt am Main. The same shall apply if the contractual partner does not have a general place of jurisdiction in Germany or moves his domicile or usual place of residence abroad after conclusion of the contract or if this is not known at the time the action is brought. In all other respects, the statutory provisions on jurisdiction shall apply
11.5. The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions of international private law is excluded.
11.6. Should individual provisions of these General Terms and Conditions be or become invalid or void in whole or in part, the validity of the remaining provisions shall remain unaffected. In all other respects, the statutory provisions shall apply.
§ 12 Data Protection
12.1. TEMA GmbH, acting under the brand “The Blasky”, processes personal data of the customer exclusively in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
12.2. The collection, processing and use of personal data takes place insofar as this is necessary for the establishment, execution and processing of the contractual relationship or the customer has expressly consented.
12.3. Data shall only be passed on to third parties if this is necessary for the execution of the contract (e.g. to payment service providers, external service providers or authorities due to legal obligations).
12.4. The customer has the right to information, correction, deletion, restriction of processing and objection to processing and data portability in accordance with Art. 15 et seq. GDPR. These rights can be asserted at any time at the contact address given in the legal notice.
12.5. Further details on data processing, the tools used (e.g. for online bookings or cookies) and our data protection officer can be found in the privacy policy on our website.
Status: 18.06.2025
