General Terms and Conditions for the Hotel Accommodation Contract

I) Scope of application

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and 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, require the prior written consent of the hotel. 

3. The customer's terms and conditions shall only apply if this has been agreed in advance. 

II) Conclusion of contract, contractual partners, liability; statute of limitations

1. The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the room reservation in writing. 

2. The contracting parties are the hotel and the customer. If a third party has placed the order on behalf of the customer, they shall be jointly and severally liable with the customer to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party. 

3. The hotel is liable for its obligations under the contract. In areas not typical of the service, liability is limited to intent and gross negligence on the part of the hotel.

4. The limitation period for all claims by the customer is 6 months. 

5. This limitation of liability and short limitation period shall also apply in favour of the hotel in the event of a breach of obligations during the initiation of the contract and positive breach of contract. 

III) Services, prices, payment, offsetting

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services. 

2. The customer is obliged to pay the hotel's applicable or agreed prices for the provision of rooms and any other services used by him. This also applies to services and expenses incurred by the hotel on behalf of the customer. 

3. The agreed prices include the applicable statutory value added tax. If the period between conclusion of the contract and fulfilment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 10%. 

4. Prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel services or the length of stay of the guests, and the hotel agrees to these changes. 

5. Hotel invoices 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 late payment, the hotel is entitled to charge interest at a rate of 5% above the respective base rate. The customer reserves the right to prove that the damage incurred by the hotel was lower, and the hotel reserves the right to prove that it was higher.

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. 

7. The customer may only offset or reduce a claim against the hotel with an undisputed or legally binding claim. 

IV) Cancellation by the customer (cancellation, annulment)

1. The customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in cases of default on the part of the hotel or impossibility of performance for which it is responsible. 

2. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until that date without triggering any payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless there is a case of default on the part of the hotel or an impossibility of performance for which it is responsible. 

3. For rooms not used by the customer, the hotel shall credit the income from renting the rooms to other parties as well as the expenses saved. 

4. The hotel is free to charge a flat rate for any damage incurred and to be compensated by the customer. 

5. The following cancellation fees apply to the hotel: – up to four weeks before arrival: free of charge – up to three weeks before arrival: 20% of the booked services – up to two weeks before arrival: 40% of the booked services – up to one week before arrival: 60% of the booked services – from the third day before arrival: 80% of the booked services. 

6. The customer is free to prove that no damage has been incurred or that the damage incurred by the hotel is lower than the flat rate charged. 

V) Cancellation by the hotel 

1. If a right of withdrawal for the customer within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the hotel customer does not waive their right of withdrawal. 

2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a threat of rejection has expired, the hotel is also entitled to withdraw from the contract. 

3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if: – force majeure or other circumstances beyond the hotel's control make it impossible to fulfil the contract; – rooms are booked under misleading or false statements of material facts, e.g. regarding the identity of the customer or the purpose of the booking; – the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardise the smooth running of the business, the safety or the public image of the hotel, without this being attributable to the hotel's sphere of control or organisation. – there is a violation of the scope of application of paragraph 2. 

4. The hotel must immediately inform the customer of the exercise of the right of withdrawal.

5. In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages. 

VI) Room provision, handover and return

1. The customer does not acquire any right to the provision of specific rooms. 

2. Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability. 

3. On the agreed departure date, the hotel rooms must be vacated by 11 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6 p.m., and 100% after 6 p.m., in addition to any damages incurred. The customer is free to prove to the hotel that no damage or significantly less damage has been incurred. 

VII) Voucher redemption

1. Cash payment of the voucher value is excluded. 

2. We kindly request to inform us in advance about any voucher redemption. 

VIII) Hotel liability 

1. The hotel is liable for the diligence of a prudent businessman. However, this liability is limited in areas not typical for the service to performance defects, damage, consequential damage or disruptions attributable to intent or gross negligence on the part of the hotel. Should disruptions or defects occur in the hotel's services, the hotel will endeavour to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimise any possible damage. 

2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends making use of the room safe. Liability claims shall lapse if the customer does not inform the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). 

3. The statutory provisions apply to the hotel's unlimited liability. 

4. If the customer is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel is only liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents in cases of intent or gross negligence. This also applies to the hotel's vicarious agents. 

5. Messages, mail and goods deliveries for guests are handled with care. The hotel will deliver, store and, upon request, forward such items for a fee. Claims for damages are excluded, except in cases of gross negligence or intent. 

IX) Final provisions

1. Any amendments or additions to the contract, acceptance of the application or these terms and conditions for hotel accommodation must be made in writing. Unilateral amendments or additions by the customer are invalid. 

2. The place of performance and payment is the registered office of the hotel. 

3. The exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange – in commercial transactions is the registered office of the hotel. If a contractual partner fulfils the requirements of Section 36 (1) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. 

4. German law applies.  

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.