I. SCOOPE OF APPLICATION
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services provided by the hotel.
2. The subletting or re-letting of the leased rooms as well as their use of purposes other than accommodation require the prior consent of the hotel in text form whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.
3. General terms and conditions of the customer only apply if this has been expressly agreed in advance.
II. II. CONCLUSION OF CONTRACT, CONTRACT PARTNER, LIABILITY AND LIMITATION
1. The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s request. The hotel can confirm the booking of the hotel room in writing.
2. The contracting parties are the hotel and the customer. If a third party has ordered for the customer, he and the customer are jointly liable to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
3. All claims against the hotel become statute-barred one year from the start of the statutory limitation period. Claims for damages become statute-barred after five years, regardless of knowledge, as long as they are not based on injury to life, body, health or freedom. These claims for damages expire in ten 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, SET-OFF
1. The hotel is obliged to keep available the rooms booked by the customer and to provide the agreed services.
2. The customer is obliged pay for the hotel room as well as all applicable prices for any other used services provided by the hotel. This also applies to services and expenses of the hotel to third parties initiated by the customer. The agreed prices include the respective statutory sales tax.
3. The hotel can make its consent to a subsequent request of the customer to a reduction in the number of booked rooms, the hotel’s services or the customer’s length of stay dependent on the possible increased price of the rooms and / or other hotel.
4. Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damage.
5. The hotel is entitled to request a reasonable advance payment or a security deposit from the customer upon conclusion of the contract for example in form of a credit card. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In case of advance payments or security deposits for packaged tours, the statutory provisions remain unaffected.
6. In justified cases, e.g. payment arrears by the customer or expansion of the scope of the contract, the hotel is entitled, even after the conclusion of the contract up to the beginning of the stay, to make an advance payment or security deposit within the meaning of number 5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration to demand.
7. The hotel is also entitled to demand an appropriate advance payment or security deposit from the customer in the sense of above number 5 for existing and future claims from the contract at the beginning of the stay, as long as such has not already been made in accordance with above number 5 and / or above 6.
8. The customer can only offset or set off an undisputed or legally binding claim against a claim by the hotel.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE THE HOTEL’S SERVICES (NO SHOW)
1. Cancellation by the customer of the concluded contract with the hotel requires the hotel’s consent in writing. If this does not happen the price agreed in the contract must be paid even if the customer does not use the contractual services.
2. If between the hotel and the customer a date has been agreed until when the customer can withdraw from the contract free of charge the customer then can withdraw without triggering a claim by the hotel for a payment or compensation. The customers right of withdrawal expires if he does not exercise his right to withdraw by the agreed date in the contract.
3. In the case of a room not used by the customer, the hotel has to credit the income from renting these rooms to other parties as well as the saved expenses. If the rooms are not rented to someone else, the hotel can demand the contractually agreed remuneration and apply a lump sum for the hotel’s saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
V. WITHDRAWAL BY THE HOTEL
1. If it has been agreed in writing 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 there are inquiries from other customers about the contractually booked rooms and the customer upon request by the hotel with an appropriate deadline does not waive his right to withdraw.
2. If an agreed advance payment or a security deposit requested in accordance with section III above number 5 and / or 6 is not made even after a reasonable grace has not been made even after a reasonable grace period set by the hotel the hotel then is also entitled to withdraw from the contract.
3. Furthermore the hotel is entitled to withdraw from the contract for an objectively justified reason especially if – force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
– Rooms are culpably booked with misleading or false information about essential contractual facts, e.g. about the customer or the purpose of his stay;
– the hotel has justified reason cause to believe that the event may jeopardize the smooth business operations, security or public image of the hotel without this being attributable to the hotel’s sphere or control of organisation.
– the purpose of the event is illegal;
– there is a violation of section 1.2.
4. The justified withdrawal by the hotel does not give the customer any right for compensation.
VI. VI. ROOM AVAILABILITY, HANDING OVER AND RETURN
1. The customer does not acquire the right to be provided specific rooms, unless this has been expressly agreed.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer does not have the right to an earlier availability.
3. On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. After this, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for the usage beyond the contract until 6:00 p.m., 100% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim to usage fee.
VII. HOTEL LIABILITY
1. The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this is damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage based on an intentional or grossly negligent breach of duty by the hotel and damage based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy the situation when it becomes aware of it or when the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
2. The hotel is liable to the customer for items brought in according to the statutory provisions. After that, liability is limited to 1/100 times the room rate but up to a maximum of € 3.500 and in deviation for money, securities and valuables up to a maximum of € 800,-.
3. 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 result in a safekeeping agreement. The hotel is not liable for loss of or damage to vehicles parked or maneuvered on the hotel property and their contents, except in the case of willful intent or gross negligence. For the exclusion of the customer’s claims for damages, the regulation of the above number 1, sentences 2 to 4 applies accordingly.
4. Wake-up calls are carried out by the hotel with great care.
Messages, mail and deliveries for guests are handled with care. The hotel will deliver, store and – on request – forward the same for a fee. For the exclusion of claims for damages by the customer, the regulation of the preceding number 1, sentences 2 to 4 applies accordingly
VIII. GUEST LIABILITY
The guest is liable to the hotel for any damage caused by him. Damage caused by the guest to rooms, furnishings and other rooms of the hotel must be reported to the hotel immediately. Any other damage or malfunctions found must also be reported to the hotel immediately.
IX. FINAL PROVISIONS
1. Changes and additions to the contract, the acceptance of it or the general business conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of fulfillment and payment is the hotel’s location.
3. The exclusive place of jurisdiction – also for check and bill of change disputes – is the companies business location. If a contractual partner meets the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany the place of jurisdiction is the hotel’s location under company law.
4. German law applies. The application of the UN sales law and conflict of law is excluded.
5. Should individual provisions of these general terms and conditions for events become ineffective or void than this shall not affect the validity of the remaining provisions. In addition the statutory provisions apply.
Updated June 2021