(1) These Terms and Conditions shall apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel for the customer.
(2) The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 Para. 1 Sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
(3) The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.
(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) The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he 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 are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of Section 199 (1) of the German Civil Code (BGB). 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.
(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 prices of the hotel applicable or agreed upon for the provision of the rooms 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 fulfillment 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) Prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel’s services or the guests’ length of stay and the hotel agrees.
(5) Invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The Hotel shall be 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 statutory default interest currently applicable at the rate of 8% or, in the case of legal transactions involving a consumer, at the rate 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.
(1) Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If this does not take place, the agreed price from the contract is to be paid even if the customer does not use 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) If a date for the cost-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 damage compensation claims by the hotel. The customer’s right to withdraw from the contract shall expire if he does not exercise his right to withdraw from the contract in writing to 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 shall be free to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. In this case, the customer is obligated to pay at least 80% of the contractually agreed price for overnight accommodation with breakfast, 90% for overnight accommodation without breakfast.
(5) The customer is free to prove that the above claim has not arisen or has not arisen in the amount claimed.
(1) If the customer’s right to withdraw free of charge within a certain period of time has been agreed in writing, the hotel is entitled for its part to withdraw from the contract within this period of time if there are requests from other customers for the contractually reserved rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
(2) If an agreed advance payment or an advance payment demanded above pursuant to § 3 (6) is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
(3) Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if
(4) In the event of a justified withdrawal by the hotel, the customer shall have no claim for damages.
(1) The customer does not acquire a claim to the provision of certain rooms.
(2) Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival.
(3) The customer has no right to earlier provision.
(4) On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) due to the delayed vacating of the room for its use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
(1) The hotel is liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by the hotel, and damages resulting from an intentional or negligent breach of typical contractual duties 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 deficiencies in the hotel’s services, the hotel shall endeavor 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 to keep any possible damage to a minimum.
(2) The hotel shall be liable to the customer for items brought into the hotel 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 may be stored in the hotel or room safe up to a maximum value of € (insert sum insured by the hotel). The hotel recommends to make use of this possibility. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). For further liability of the hotel, the above paragraph 1 sentences 2 to 4 apply accordingly.
(3) Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on hotel 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 merchandise shipments for the guests will be handled with care. The hotel shall take care of delivery, safekeeping and – upon request – forwarding of the same against payment. Paragraph 1 sentences 2 to 4 above shall apply accordingly.
(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 is the registered office of the hotel.
(3) The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions shall be the registered office of the hotel. If a contracting party fulfills the requirements of Section 38 (2) of the German 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.
(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 (§ 36 VSBG): The hotel is neither willing nor obligated to participate in dispute settlement proceedings before a consumer arbitration board.
IMPORTANT NOTE: The German version of this document will govern our relationship—this translated version is provided for convenience only and will not be interpreted to modify the German version. You can view the German version here.
