General Terms and Conditions for Hotel Accommodation Agreements

I. Scope of Application

1. These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer.
2. The subletting or re-letting of the provided rooms, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 of the German Civil Code (BGB) is waived, unless the customer is a consumer.
3. The customer’s terms and conditions only apply if this has been expressly agreed in writing beforehand.

II. Conclusion of Contract, Contractual Partners; Statute of Limitations

1. The contract is concluded upon the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in writing.
2. The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, they are liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation agreement, provided that the hotel has a corresponding declaration from the third party.
3. All claims against the hotel generally become statute-barred within one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, Prices, Payment, Offsetting

1. The hotel 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.
2. The customer is obliged to pay the hotel’s applicable or agreed prices for the room rental and the other services used by them. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. The agreed prices include the respective statutory value-added tax. If the period between conclusion of the contract and performance of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by a maximum of 10%.
4. The prices can also be changed by the hotel if the customer subsequently requests changes to the number of booked rooms, the service provided by the hotel, or the length of stay of the guests, and the hotel agrees to this.
5. Invoices from the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to demand payment of accrued claims at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to demand the respectively applicable statutory default interest at a rate of currently 9% or, in the case of legal transactions in which a consumer is involved, at a rate of 5% above the base interest rate. The hotel reserves the right to prove a higher damage. The hotel may charge €5.00 for each reminder after default.
6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract. The hotel is also entitled to demand immediate payment of accrued claims by issuing an interim invoice at any time during the guest’s stay at the hotel.
7. The customer may only offset or reduce a claim of the hotel with an undisputed or legally established claim.

IV. Withdrawal of the Customer (i.e. Cancellation, Stornierung) / Non-utilisation of the Hotel’s Services

1. Withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not occur, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This does not apply in the event of a breach of the hotel’s obligation to protect the rights, legal interests, and interests of the customer, if it is no longer reasonable for the customer to adhere to the contract as a result, or if the customer is entitled to any other statutory or contractual right of withdrawal.
2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or compensation claims by the hotel. The customer’s right of withdrawal expires if they do not exercise their right of withdrawal in writing to the hotel by the agreed date, unless a case of withdrawal by the customer pursuant to number 1 sentence 3 exists.
3. In the case of rooms not used by the customer, the hotel must credit the income from renting the rooms elsewhere as well as the saved expenses.
4. The hotel is free to demand the contractually agreed remuneration and to lump-sum the deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation during the booked period.

V. Withdrawal by the Hotel

1. If a right of free withdrawal for the customer has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract on its part during this period if inquiries from other customers for the contractually booked rooms are available and the customer does not waive their right to withdraw upon request from the hotel.
2. If an agreed advance payment or an advance payment requested above in accordance with clause III No. 6 is not made even after expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, for example if
   • – force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
   • – rooms are booked under misleading or false information of essential facts, e.g. in the person of the customer or the purpose;
   • – obvious errors, spelling, printing and calculation errors that occur to the hotel in the presentation of an offer or in the context of an order confirmation are not binding for the hotel.
   • – the hotel has reasonable cause to believe that the use of the hotel service may endanger the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organisation;
   • – there is a violation of clause I No. 2 above.
   • – the hotel becomes aware of circumstances that the financial circumstances of the guest have significantly deteriorated after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be endangered;
   • – the guest has filed an application for the opening of insolvency proceedings over his assets, submitted an affidavit according to § 807 of the German Code of Civil Procedure, initiated an out-of-court procedure serving debt regulation or suspended his payments;
   • – insolvency proceedings are opened over the assets of the guest or the opening of the same is rejected for lack of assets or for other reasons.
4. In the event of justified withdrawal by the hotel, the customer has no claim for damages.

VI. Room Provision, Handover and Return

1. The customer does not acquire any claim to the provision of specific rooms.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier provision.
3. On the agreed day of departure, the rooms must be made available to the hotel vacated by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for its use exceeding the contract until 6:00 p.m. due to the delayed vacating of the room, and 100% from 6:00 p.m. Contractual claims of the customer are not established by this. They are free to prove that the hotel has no or a significantly lower claim to compensation for use.

VII. Liability of the Hotel

1. The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Claims of the customer for damages are excluded. This excludes damages resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of contract-typical duties of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the services of the hotel, the hotel will endeavour to provide a remedy upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and keep any possible damage to a minimum.
2. For items brought in, the hotel is liable to the customer in accordance with the statutory provisions, i.e. up to one hundred times the room price, but not more than €4,000. Money, securities and valuables can be kept in the hotel safe up to a maximum value of €2,000.00. The hotel recommends making use of this possibility. The liability claims expire if the customer does not immediately notify the hotel of the loss, destruction or damage after gaining knowledge thereof (§ 703 BGB). The above number 1 sentences 2 to 4 apply accordingly to a further liability of the hotel.
3. Insofar as a parking space is made available to the customer in the hotel garage or on a hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel is not liable, except in the case of intent or gross negligence. In this case, the damage must be claimed against the hotel at the latest when leaving the hotel property. The above number 1 sentences 2 to 4 apply accordingly.
4. Wake-up calls are carried out by the hotel with the greatest care. Messages, post and goods shipments for the guests are treated with care. The hotel takes over the delivery, storage and – on request – the forwarding of the same for a fee. The above number 1 sentences 2 to 4 apply accordingly.
5. No liability is assumed for the presentation of the offers and their data transmission on internet platforms. Incorrectly submitted offers are not binding and the hotel can withdraw from the contract according to V. point 3.

VIII. Liability of the Customer / Smoking in the Hotel

1. The hotel is a non-smoking hotel. If the customer or a person located in the hotel at the instigation of the customer smokes in the hotel, the customer is obliged to pay a lump-sum compensation for expenses (for cleaning costs, any non-rentability of a hotel room due to smoke odour, other organisational expenses). The assertion of further damages remains reserved. If the fire alarm system is triggered due to smoking, the customer is also obliged to pay or reimburse the hotel for the costs of any resulting fire brigade operation.

IX. Final Provisions

1. Changes or additions to the contract, the acceptance of the application or these terms and conditions for the hotel accommodation shall be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of performance and payment is the registered office of the hotel.
3. Exclusive place of jurisdiction – also for cheque and bill disputes – in commercial traffic is the registered office of the hotel. If a contracting party fulfils the requirement of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.