1. Scope
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all
other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes
and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, and hotel room contract.
1.2 The subletting or further rental of the rooms provided, as well as their use for purposes other than accommodation,
require the hotel’s prior written consent. Section 540, Paragraph 1, Sentence 2 of the German Civil Code (BGB) is waived unless
the customer is a consumer.
1.3 The customer’s general terms and conditions only apply if this has been expressly agreed in advance.
2. Conclusion of contract, contract partners, limitation period
2.1 The contracting parties are the hotel and the customer. The contract is concluded upon the hotel’s acceptance of the customer’s request. The hotel is free
to confirm the room booking in text form.
2.2 All claims against the hotel generally expire one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3. Services, prices, payment and offsetting
3.1 The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or applicable hotel prices for the provision of the room and any additional services used by the customer. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include taxes and local charges applicable at the time of conclusion of the contract. Local charges that are payable by the guest under the respective municipal law, such as tourist tax, are not included.
In the event of a change in the statutory sales tax or the introduction, amendment, or abolition of local charges on the service after conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services, or the customer’s length of stay, requested by the customer, dependent on an increase in the price for the rooms and/or other hotel services.
3.5 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of outstanding amounts from the customer at any time. In the event of default by the customer, the statutory provisions apply. The hotel reserves the right to prove greater damages.
3.6 The hotel is entitled to demand an appropriate advance payment or security from the customer upon conclusion of the contract, for example, in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of default by the customer, the statutory provisions apply.
3.7 In justified cases, for example, if the customer is in arrears with payment or if the scope of the contract is expanded, the hotel is entitled to demand an advance payment or security deposit within the meaning of Section 3.6 above, even after the conclusion of the contract and up to the start of the stay, or to increase the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 The hotel is also entitled to demand an appropriate advance payment or security deposit within the meaning of Section 3.6 above from the customer at the start of and during the stay for existing and future claims arising from the contract, provided that such payment has not already been made in accordance with Section 3.6 and/or Section 3.7 above.
3.9 The customer may only offset or set off a claim against a claim of the hotel if it is undisputed or legally binding.
4. Customer withdrawal (cancellation,
cancellation / non-use of the
hotel’s services (no show)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists, or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal and any consent to cancellation of the contract must each be made in text form.
4.2 If a date for withdrawing from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any payment or compensation claims from the hotel. The customer’s right of withdrawal expires if the customer does not exercise their right of withdrawal vis-à-vis the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, no statutory right of withdrawal or termination exists, and if the hotel does not consent to cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must credit any income from renting the rooms to other parties as well as any saved expenses. If the rooms are not rented to other guests, the hotel may deduct a flat-rate amount for saved expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast, as well as for package arrangements with third-party services, 70% for half-board, and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim has not been incurred or has not been incurred to the required amount.
5. Cancellation by the hotel
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive his right of withdrawal upon request from the hotel within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for good cause for objectively justified reasons, in particular if – force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible; – rooms or spaces are culpably booked under misleading or false information or by concealing essential facts; the identity of the customer, their ability to pay or the purpose of the stay can be important in this case; – the hotel has reasonable grounds to believe that the use of the service could jeopardize the smooth operation, safety, or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization; the purpose or reason for the stay is illegal; there has been a violation of the above-mentioned clause 1.2.
5.4 The hotel’s justified withdrawal does not entitle the customer to compensation.
6. Room availability, handover and return
6.1 The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed upon.
6.2 Booked rooms are available to the customer from 2:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.3 On the agreed departure date, 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 50% of the full accommodation price (list price) for the use of the room beyond the contractually agreed time until 6:00 p.m., and 90% from 6:00 p.m. onwards. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the hotel has no or a significantly lower claim to usage fees.
7. Hotel liability
7.1 The hotel is liable for damages resulting from injury to life, limb, or health for which it is responsible. Furthermore, it is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded unless otherwise provided in this Section 7. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the customer. The customer is obligated to make a reasonable effort to remedy the disruption and minimize any potential damage.
7.2 The hotel is liable to the customer for items brought into the hotel in accordance with statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring money, securities, and valuables with a value of more than €800 or other items with a value of more than €3,500, this requires a separate storage agreement with the hotel.
7.3 If a parking space is made available to the customer in the hotel garage or car park, even for a fee, this does not constitute a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel is only liable in accordance with the above section 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and consignments for guests are handled with care. The hotel is responsible for delivery, storage, and – upon request – forwarding of the same for a fee. The hotel is only liable in accordance with the above section 7.1, sentences 1 to 4.
8. Final provisions
8.1 Changes and additions to the contract, the acceptance of the offer, or these General Terms and Conditions must be made in writing. Unilateral changes or additions
by the customer are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for check and bill disputes – in commercial transactions is the location of the hotel. If a contractual partner meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.