Terms and Conditions
General Terms and Conditions for the Hotel Accommodation Agreement

I. Scope of Application

1. These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging, as well as to all other services and supplies provided by the hotel to the guest.

2. Subletting or subleasing the rooms provided, as well as using them for purposes other than lodging, requires the hotel’s prior written consent; in this regard, Section 540(1), sentence 2 of the German Civil Code (BGB) is excluded, provided that the customer is not a consumer.

3. The customer’s terms and conditions shall apply only if this has been expressly agreed to in writing in advance

II. Conclusion of the Contract, Contracting Parties; Statute of Limitations

1. The contract is concluded upon the hotel’s acceptance of 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 made the reservation on behalf of the customer, that third party is jointly and severally liable with the customer to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.

3. All claims against the hotel generally become time-barred one year after the start of the regular statute of limitations period under Section 199(1) of the German Civil Code (BGB), which is contingent upon the hotel’s knowledge of the claim. Claims for damages become time-barred after five years, regardless of whether the hotel has knowledge of the claim. The shortened statute of limitations periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, Prices, Payment, Setoff

1. The hotel is obligated to keep the rooms booked by the guest available and to provide the agreed-upon services.

2. The guest is obligated to pay the hotel’s applicable or agreed-upon rates for the room and any additional services the guest has used. This also applies to services and expenses incurred by the hotel on behalf of the guest and paid to third parties.

3. The agreed-upon rates include the applicable statutory value-added tax. If the period between the conclusion of the contract and its fulfillment exceeds four months and the rate generally charged by the hotel for such services increases, the hotel may raise the contractually agreed-upon rate by a reasonable amount, but by no more than 5%.

4. The hotel may also change the prices if the customer subsequently requests changes to the number of rooms booked, the hotel’s services, or the length of the guests’ stay, and the hotel agrees to such changes.

5. Hotel invoices without a due date are payable in full 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 the applicable statutory default interest, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove that it has suffered greater damages.

6. The hotel is entitled, upon conclusion of the contract or thereafter, to demand a reasonable advance payment or security deposit, taking into account the legal provisions governing package tours. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract.

7. The customer may only set off against a claim of the hotel a claim that is undisputed or has become final and binding.

IV. Customer Withdrawal (i.e., Cancellation) / Failure to Use the Hotel’s Services

1. The customer’s cancellation of the contract concluded with the hotel requires the hotel’s written consent. If such consent is not granted, the agreed-upon price under the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach by the hotel of its obligation to respect the customer’s rights, legal interests, and interests, if the customer can no longer reasonably be expected to remain bound by the contract as a result, or if the customer is entitled to any other statutory or contractual right of withdrawal.

2. If a deadline for withdrawing from the contract free of charge has been agreed upon in writing between the hotel and the customer, the customer may withdraw from the contract by that deadline without triggering any claims for payment or damages by the hotel. The guest’s right to cancel expires if the guest does not exercise this right in writing to the hotel by the agreed deadline, unless a case for cancellation by the guest pursuant to paragraph 1, sentence 3, applies.

3. For rooms not occupied by the guest, the hotel shall offset the revenue from renting the rooms to other guests as well as the expenses saved.

4. The hotel is free to demand the contractually agreed-upon payment and to apply a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed-upon price for overnight stays with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements.

The customer is free to prove that the claim mentioned above did not arise or did not arise in the amount claimed.

V. Cancellation by the Hotel

1. If a right of the customer to cancel free of charge within a specified period has been agreed upon in writing, the hotel is, for its part, entitled to cancel the contract during this period if there are inquiries from other customers regarding the rooms booked under the contract and the customer does not waive his or her right to cancel upon the hotel’s request.

2. If an agreed-upon advance payment—or one required pursuant to Clause III, No. 6 above—is not made even after the expiration 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 withdraw from the contract for good cause, for example if

• force majeure or other circumstances beyond the hotel’s control render performance of the contract impossible;
• rooms are booked based on misleading or false statements regarding material facts, e.g., regarding the guest’s identity or the purpose of the stay;
• the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational responsibility;
• there is a violation of Clause I, No. 2 above.

4. If the hotel has a valid reason to cancel, the customer is not entitled to compensation.

VI. Room Assignment, Check-In, and Check-Out

1. The customer has no right to be provided with specific rooms.

2. Booked rooms are available to the customer starting at 3:00 p.m. on the agreed-upon arrival date. The customer has no right to check in earlier.

3. On the agreed-upon departure date, the rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. After that time, due to the delayed vacating of the room, the hotel may charge 50% of the full room rate (list price) for its use beyond the terms of the contract until 2:00 p.m., and 100% after 2:00 p.m. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel incurred no claim for usage fees or a significantly lower claim.

VII. Hotel Liability

1. The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessperson. Claims by the guest for damages are excluded. Exceptions to this are damages resulting from injury to life, limb, 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 the hotel’s duties typical to the contract. A breach of duty by a legal representative or vicarious agent of the hotel shall be deemed equivalent to a breach by the hotel itself. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy the situation upon becoming aware of them or upon immediate notice from the customer. The customer is obligated to make a reasonable effort to help resolve the disruption and minimize any potential damage.

2. The hotel is liable to the guest for items brought onto the premises in accordance with statutory provisions, i.e., up to one hundred times the room rate, with a maximum of €3,500, and for cash, securities, and valuables up to €800. Cash, securities, and valuables may be stored in the hotel or room safe up to a maximum value of €6,200. The hotel recommends taking advantage of this option. Liability claims expire unless the guest immediately notifies the hotel upon becoming aware of any loss, destruction, or damage (Section 703 of the German Civil Code (BGB)). For any further liability on the part of the hotel, the second through fourth sentences of paragraph 1 above apply accordingly.

3. If a parking space is made available to the guest in the hotel garage or in a hotel parking lot—even for a fee—this does not constitute a contract of safekeeping. The hotel is not liable for the loss of or damage to motor vehicles parked or maneuvered on the hotel premises, or to their contents, except in cases of willful misconduct or gross negligence. The second through fourth sentences of paragraph 1 above apply accordingly.

4. Wake-up calls are handled by the hotel with the utmost care.

5. Messages, mail, and packages for guests are handled with care. The hotel will deliver, store, and—upon request and for a fee—forward such items. The second through fourth sentences of paragraph 1 above apply accordingly.

6. The company does not participate in dispute resolution proceedings before a consumer arbitration board.

VIII. Final Provisions

1. Any amendments or additions to the contract, the acceptance of the reservation, 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 hotel’s registered office.

3. The exclusive place of jurisdiction—including for disputes involving checks and bills of exchange—in commercial transactions is the hotel’s registered office. If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be the hotel’s registered office.

4. German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded.

5. Should any 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 apply.