General terms and conditions for the hotel accommodation contract
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as for all services and deliveries that the hotel provides to the customer.
2. The subletting of the rented room, or its use for purposes other than accommodation, requires the prior written permission of the hotel, whereby § 540 paragraph 1, sentence 2 of the German Civil Code will be waived where the customer is not the user.
3. The customer's own terms and conditions will only apply where this has been previously agreed in writing.
II. Contract completion, contracting partners, limitation
1. The contract becomes valid when the hotel accepts the customer's booking application. The hotel will confirm the booking of the room in writing at its own discretion.
2. The contracting partners are the hotel and the customer. Should a third party have made the booking on behalf of the customer, the third party and the customer are considered joint debtors to the hotel for all conditions in this contract, providing that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel are limited to one year from the beginning of the standard period of limitation subject to knowledge of the claim concerned, as constituted in §199 paragraph 1 of the German Civil Code. Claims for damages are limited to five years, regardless of when acknowledged. Claims arising from intentional or grossly negligent breaches of duty on the part of the hotel will not be affected by these limitations.
III. Services, prices, payment, offsetting
1. The hotel is obligated to reserve the room booked by the customer and to provide any agreed services.
2. The customer is obligated to pay the prices charged by or agreed with the hotel for the room and any further services provided to him. This shall also apply to the hotel's services and expenses towards third parties caused by the customer.
3. The agreed prices include the statutory value added tax. Should the period between the conclusion of the contract and the fulfilment of the contract exceed four months, and the hotel increases the prices charged for these services, the price agreed in the contract can be increased accordingly up to an increase of 5%.
4. The hotel can also amend the prices if the customer later requests amendments to the number of booked rooms, the hotel's services or the length of their stay, and the hotel agrees to this.
5. Any invoice issued by the hotel without indication of a due date is payable immediately upon receipt of the given invoice without deduction. The hotel is entitled to declare at any time its accrued charges to be due and to demand immediate payment thereof. In the case of default of payment, the hotel is entitled to demand the applicable statutory default interest, currently 8 % or, for legal transactions with a consumer, 5 % above the base interest rate. The hotel reserves the right to provide proof that the costs it incurred were greater.
6. The hotel is entitled, at the time of the conclusion of the contract or thereafter, to demand an appropriate instalment or security deposit, observing the legal provisions for package tours. The total amount of the deposit and payment deadlines can be agreed within the contract.
7. The customer may only reduce or offset a claim made by the hotel with an undisputable or legally binding claim.
8. Payment terms for group bookings: 50 % of the total package price must be paid in the form of a deposit 4 weeks before arrival. The remaining amount must be paid on arrival at the hotel.
IV. Withdrawal by the customer (i.e. cancellation, annulment) / Failure to use the hotel's services
1. The customer may only withdraw from their contract with the hotel with the written agreement of the hotel. If this is not provided, the customer must pay the total cost according to the cancellation deadlines below, including if the customer does not use the services agreed in the contract. This does not apply where the hotel fails in its obligation to consider the rights or interests of the customer where the customer can no longer be expected to abide by the contract, or has any other legal or contractual right to demand cancellation.
2. The hotel's cancellation deadlines for individual bookings are:
up to 3 days prior to arrival: free of charge
3 to 0 days before arrival: 90% of the agreed room rate.
3. Should the customer and the hotel have agreed in writing a different deadline up to which the customer can withdraw from the contract free of charge, the customer may withdraw from the contract up to this date without receiving claims for payment or damages from the hotel. The customer's right to withdraw lapses if he does not exercise his right to withdraw in writing to the hotel, provided that this case does not fall under paragraph 1, sentence 3 above.
4. The hotel's cancellation deadlines for group bookings are:
up to 8 weeks prior to arrival: free of charge
up to 6 weeks prior to arrival: 30% of the price of the room
up to 4 weeks prior to arrival: 50 % of the price of the room
up to 7 days prior to arrival: 80 % of the price of the room
later than 7 days prior to arrival: 100 % of the price of the room, plus 100 % of the boarding costs
5. The hotel’s cancellation deadlines for packages/arrangements bookings are:
up to 14 days prior to arrival: free of charge
later than 14 days prior to arrival: 100 % of the price of the room, without the boarding costs
6. The early bird rate can not be changed or canceled. The payment of this stay is due immediately and can not be refunded.
V. Withdrawal by the hotel
1. Provided that the parties have agreed in writing that the customer has the right to withdraw free of charge within a specified time period, the hotel is also entitled to withdraw from the contract during this period if other customers wish to use the contractually reserved rooms and the customer will not relinquish his right of withdrawal from the contract at the hotel's request.
2. The hotel is also entitled to withdraw from the contract if an agreed deposit or a deposit demanded in accordance with clause III, sentence 6, is not paid after a suitable extension period.
3. The hotel is further entitled to cancel the contract for an objectively justified reason, for example
due to force majeure or other circumstances outside of the hotel's control that would make it impossible to fulfil the requirements of the contract;
if misleading or incorrect information regarding important facts is used to book the room, e.g. in terms of the
customer's person or the purpose for which the room was booked;
where the hotel has reason to believe that providing the agreed services could adversely affect the smooth running of the business, security or the hotel's public image, without this being the fault of the ownership or management of the hotel;
in the event of a breach of clause I, sentence 2 above.
4. In case of justified cancellation of the contract by the hotel, the customer has no right to damages.
VI. Provision, handover and return of rooms
1. The customer cannot be guaranteed a particular room.
2. Booked rooms are available for the customer to check in from 3 pm on the date of arrival. The customer cannot be guaranteed an earlier check in time.
3. The customer must vacate the room by 11 am on the agreed departure date. After this time, the hotel is entitled to charge the customer for the delayed departure that exceeds the time stipulated in the contract. This will be 50 % of the full price of the room up to 6 pm and 100 % of the price after 6 pm. Contractual claims by the customer shall not be established hereby. The customer is, however, entitled to provide documentary evidence to show that the hotel has little or no claim to these charges.
VII. Hotel liability
1. The hotel undertakes to fulfil its contractual obligations with the due care of a prudent businessman. The customer has no right to claim for reimbursement of damages. This excludes cases where claims arise from damage to life, limb or health, where the hotel has breached its duty, other damages caused by intention or gross negligence on the part of the hotel and damages caused by intention or negligence on the part of the hotel in the fulfilment of obligations typical to the contract concerned. A breach of obligation by the hotel is considered equal to that of a legal representative or vicarious agent. Should disruptions or defects occur in respect of service provision on the part of the hotel, the hotel is to act to remedy this immediately following reports from the customer or when it becomes aware of the situation. The customer is obligated to do whatever is reasonable to rectify the disruption and to keep the amount of damage as low as possible.
2. In accordance with legal requirements, the hotel is liable for items brought into the room by the customer to the value of 100 times the price of the room, up to €3,500, as well as for cash, securities and valuable items up to €800. Cash, securities and valuable items up to a value of €1,500 can be stored in the hotel or room safe. The hotel recommends that the customer make use of this facility. The right to claim under this liability is invalidated if the customer does not report the loss, destruction or damage of an item to the hotel immediately upon discovery (§ 703 German Civil Code). For any liability assumed by the hotel above and beyond this, the provisions set out under paragraph 1, sentences 2 to 4 above apply accordingly.
3. Should the customer be provided a parking space within the hotel garage or hotel car park, whether free of charge or paid for, this does not constitute a contract of secure custody. In cases where vehicles or their contents have been stolen or damaged while parked or while driving on hotel property, the hotel shall not be liable, unless this is caused due to intent or gross negligence on the hotel's behalf. Paragraph 1, sentences 2 to 4 apply accordingly.
4. Wake-up call services shall be performed by the hotel with the greatest care. Messages, post and other deliveries for the guests will be handled with care. The hotel shall ensure delivery, storage and, upon request and against payment, the forwarding of goods. Paragraph 1, sentences 2 to 4 apply accordingly.
VIII. Final conditions
1. Amendments or additions to the contract, the acceptance proposal or to these terms and conditions for hotel accommodation must be made in writing. Amendments or additions made solely by the customer will not be considered valid.
2. The location for fulfilment and payment is the hotel's registered address.
3. The exclusive place of jurisdiction for commercial transactions - including disputes concerning cheques and bills of exchange - is deemed to be the hotel's registered address. Provided that a contractual partner complies with the requirements of § 38, paragraph 2 of the German Code of Civil Procedure and has no general place of jurisdiction within Germany, the jurisdiction will be the hotel's registered address.
4. German law shall apply. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual requirements of these general terms and conditions for hotel accommodation be or become invalid or void, this does not affect the validity of the remaining conditions. Outside of this, statutory regulations shall apply.