Terms & Conditions
§ 1 Scope of Application
(1) These terms and conditions shall apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other services and deliveries provided by the hotel for the customer.
(2) The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel.
(3) The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
§ 2 Conclusion of contract, contracting parties, limitation period
(1) The contract is concluded by the hotel's acceptance of the customer's application. This means that a hotel accommodation contract is already concluded with the customer's telephone order and the hotel's verbal confirmation of the booking. The hotel is free to confirm the room booking in writing.
(2) Contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
(3) All claims against the hotel shall generally become statute-barred after one year from the beginning of the knowledge-dependent regular limitation period. Claims for damages shall become statute-barred after 5 years irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
§ 3 Leistungen, Preise, Zahlung, Aufrechnung
(1) The hotel is obligated to provide the rooms booked by the customer and to render the agreed services.
(2) The customer is obligated to pay the applicable or agreed prices of the hotel for the room provision and any other services used. This also applies to services and expenses the hotel incurs for third parties at the customer’s request.
(3) The agreed prices include the applicable statutory VAT. If the period between the conclusion and the fulfillment of the contract exceeds four months and the general price for such services charged by the hotel increases, the hotel may raise the contractually agreed price appropriately, but by no more than 5%.
(4) Prices may also be changed by the hotel if the customer subsequently requests changes to the number of booked rooms, the hotel’s services, or the length of stay of the guests, and the hotel agrees to these changes.
(5) Hotel invoices without a specified due date must be paid within 10 days of receipt without deduction. The hotel is entitled to declare accrued claims due at any time and demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently 8%, or, in business transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages.
(6) The hotel is entitled, at the time of contract conclusion or thereafter, to request an appropriate advance payment or security deposit, taking into account the legal provisions for package travel. The amount of the prepayment and the payment dates may be agreed upon in writing in the contract.
(7) The customer may only offset or reduce a claim by the hotel with an undisputed or legally established counterclaim.
§ 3 Services, prices, payment, set-off
(1) The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
(2) The customer is obliged to pay the prices of the hotel applicable or agreed for the provision of the room and the other services used by the customer. 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 and performance of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 5%.
(4) The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.
(5) Invoices of the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge the currently applicable statutory default interest in the amount of 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
(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 may be agreed in writing in the contract.
(7) The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
4 Withdrawal of the Customer (Cancellation) / Non-utilisation of the Hotel's Services (No Show)
(1) Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If such consent is not given, the agreed price under the contract shall be payable even if the customer does not avail himself of contractual services. This shall not apply in the event of a breach of the hotel's obligation to show consideration for the rights, legal assets and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
(2) Insofar as a date for withdrawal from the contract free of charge has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal by the customer pursuant to subsection 1 sentence 3 exists.
(3) In the case of rooms not used by the customer, the hotel shall credit the income from renting the rooms to other parties as well as the saved expenses.
(4) The hotel is at liberty to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In the event of cancellations up to 30 days prior to arrival, the customer shall not incur any obligations, but shall be obliged to pay 40% of the contractually agreed price from 29 to 24 days prior to arrival, 70% from 24 to 19 days prior to arrival and 90% from 19 days prior to arrival.
(5) The customer is free to prove that the above claim did not arise or did not arise in the amount claimed.
§ 5 Withdrawal of the hotel
(1) Insofar as a right of the customer to withdraw free of charge within a certain period has been agreed in writing, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers about the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel.
(2) If an agreed advance payment or an advance payment demanded above pursuant to § 3 (6) is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
(3) Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
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force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
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rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
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the hotel has reasonable grounds to believe that the use of the hotel service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;
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there is an infringement of § 1 para. 2.
(4) In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
§ 6 Room provision, handover and return
(1) The customer does not acquire a 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.
(3) The customer shall not be entitled to earlier provision.
(4) On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10.00 a.m. at the latest. Thereafter, the hotel may charge 50 % of the full accommodation price (list price) due to the late vacating of the room for its use in excess of the contract until 6 p.m., and 100 % from 6 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any claim to a usage fee or that the claim is significantly lower.
§ 7 Liability of the hotel
(1) The hotel shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages arising 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 duties typical of the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum.
(2) The hotel shall be liable to the customer for items brought in in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500.00, and for money, securities and valuables up to € 800.00. Money, securities and valuables up to a maximum value of € 2,500 may be stored in the hotel or room safe. The hotel recommends making use of this possibility. Liability claims expire unless the customer notifies the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). The above paragraph 1 sentences 2 to 4 shall apply accordingly to any further liability of the hotel.
(3) Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles and other means of transport (bicycles, e-bikes, etc.) parked or manoeuvred on the hotel's property and their contents, except in cases of intent or gross negligence. Paragraph 1 sentences 2 to 4 above shall apply accordingly.
(4) Wake-up calls shall be carried out by the hotel with the utmost care.
(5) Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment. Paragraph 1 sentences 2 to 4 above shall apply accordingly.
§ 8 Final provisions
(1) Amendments or supplements to the contract, the acceptance of the application or these terms and conditions for hotel accommodation shall be made in writing. Unilateral amendments or supplements by the customer are invalid.
(2) The place of performance and payment shall be the registered office of the hotel.
(3) The exclusive place of jurisdiction - also for cheque and bill of exchange disputes - in commercial transactions shall be the registered office of the hotel.
(4) German law shall apply. 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.
(6) Duty to inform according to the Consumer Dispute Settlement Act: The hotel is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.