Terms and Conditions

General Terms and Conditions

I. Scope of Application

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer.

2. Subletting or re-letting the rented rooms, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel. Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is hereby waived, unless the customer is a consumer.

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

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

1. The contract is concluded upon acceptance of the customer’s booking by the hotel. 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 booking on behalf of the customer, that third party is jointly and severally liable to the hotel, together with the customer, 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 statute-barred one year from the commencement of the regular limitation period under Section 199 Paragraph 1 of the German Civil Code (BGB), which is dependent on knowledge of the claim. Claims for damages become statute-barred after five years, regardless of knowledge of the claim. These shortened limitation periods do not apply to claims based on intentional or grossly negligent breach of duty by the hotel.

III. Services, Prices, Payment, Set-off

1. The hotel is obligated to provide the rooms booked by the customer and to render the agreed-upon services.

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

3. The agreed-upon prices include the applicable statutory value-added tax. If the period between the conclusion of the contract and its fulfillment 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 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 stay, and the hotel agrees to these changes.

5. Hotel invoices without a due date are payable within 10 days of receipt without deduction. The hotel is entitled to demand immediate payment of any outstanding amounts at any time. 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 a higher loss.

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 upon in writing in the contract.

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

IV. Customer Cancellation (i.e., Cancellation, Resignation) / Failure to Utilize Hotel Services

1. Cancellation of the contract concluded with the hotel by the customer requires the hotel’s written consent. If such consent is not given, the agreed price under the contract is payable even if the customer does not utilize the contractual services. This does not apply in cases of breach of the hotel’s obligation to respect the rights, legal interests, and legitimate interests of the customer, if, as a result, adherence to the contract is no longer reasonable for the customer, or if the customer has another statutory or contractual right of withdrawal.

2. If a deadline for free cancellation of the contract has been agreed upon in writing between the hotel and the customer, the customer may cancel the contract up to that deadline without incurring any payment or damage claims from the hotel. The customer’s right of cancellation expires if they do not exercise their right to cancel in writing to the hotel by the agreed deadline, unless a case of cancellation by the customer pursuant to Section 1, Sentence 3 applies.

3. If rooms are not used by the customer, the hotel must calculate the revenue from renting the rooms to other guests, as well as any expenses saved.

4. The hotel is entitled to demand the contractually agreed-upon compensation 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 accommodation with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

V. Hotel’s Right of Withdrawal

1. If a free right of withdrawal for the customer within a specific period has been agreed upon in writing, the hotel is also entitled to withdraw from the contract within this period if inquiries from other customers for the contractually booked rooms are received and the customer does not waive their right of withdrawal upon inquiry from the hotel.

2. If an agreed-upon prepayment or a prepayment required according to Clause III No. 6 above is not made even after the expiry 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 make performance of the contract impossible;

– rooms are booked under misleading or false pretenses regarding essential facts, e.g., concerning the identity of the customer or the purpose of the stay;

– the hotel has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth operation of the business, the safety of the hotel, or its public image, without this being attributable to the hotel’s sphere of control or organization;

– there is a breach of Clause I No. 2 above.

4. In the event of justified withdrawal by the hotel, the customer is not entitled to compensation.

VI. Room Availability, Check-in, and Check-out

1. The customer is not entitled to a specific room.

2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer is not entitled to earlier access.

3. On the agreed departure date, rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. After this time, the hotel may charge 50% of the full room rate (list price) for use of the room beyond the agreed time until 6:00 p.m., and 100% thereafter. This does not establish any contractual claims for the customer. The customer is free to prove that the hotel incurred no loss or a significantly lower loss of revenue.

VII. Hotel Liability

1. The hotel is liable for its contractual obligations with the due diligence of a prudent businessperson. The customer’s claims for damages are excluded. This exclusion does not apply to damages resulting from injury to life, body, or health if the hotel is responsible for the breach of duty; other damages based on an intentional or grossly negligent breach of duty by the hotel; and damages based on an intentional or negligent breach of essential contractual obligations by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by its legal representatives or agents. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon receiving immediate notification from the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and minimize any potential damage.

2. The hotel is liable for items brought onto the premises by the customer in accordance with statutory provisions, up to one hundred times the room rate, but not exceeding €3,500.00, and for cash, securities, and valuables up to €800.00. Cash, securities, and valuables can be stored in the hotel or room safe up to a maximum value of [insert hotel’s insurance coverage amount]. The hotel recommends making use of this option. Liability claims expire if the customer does not immediately notify the hotel upon becoming aware of any loss, destruction, or damage (§ 703 German Civil Code). For any further liability of the hotel, the provisions of paragraph 1, sentences 2 to 4 above, apply accordingly.

3. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or moved on the hotel premises and their contents, except in cases of intent or gross negligence. The provisions of paragraph 1, sentences 2 to 4 above, apply accordingly.

4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and parcels for guests are handled with care. The hotel undertakes the delivery, safekeeping, and—upon request and for a fee—the forwarding of these items. The provisions of paragraph 1, sentences 2 to 4 above, apply accordingly.

VIII. Final Provisions

1. Amendments or additions to the contract, 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 hotel’s registered office.

3. The exclusive place of jurisdiction—including for disputes concerning checks and bills of exchange—is, in commercial transactions, the hotel’s registered office. If a contracting party meets the requirements of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the hotel’s registered office shall be the place of jurisdiction.

4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules is excluded.

5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.