General terms and conditions of business

Hotel accommodation contract in the hotel

I. Scope

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 for the customer.

2. The subletting or further rental of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer.

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

II. Conclusion of contract, contractual partners, limitation period

1. The contract is concluded upon the hotel's acceptance of the customer's request. The hotel reserves the right to confirm the room booking in writing.

2. The contracting parties are the hotel and the customer. If a third party has made a reservation on behalf of the customer, they are jointly and severally liable 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 expire one year from the start of the regular limitation period, which is dependent on knowledge, pursuant to Section 199, Paragraph 1 of the German Civil Code (BGB). Claims for damages expire after five years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, prices, payment, offsetting

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. The customer is obligated to pay the applicable or agreed hotel prices for the room and any additional services used. This also applies to services and expenses incurred by the hotel for third parties at the customer's request.

3. The agreed prices include the applicable statutory value-added tax. If the period between conclusion of the contract and fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 5%.

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

5. Hotel invoices without a due date are payable within 10 days of receipt without deduction. The hotel is entitled to declare accrued claims due at any time and demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently 8%, or 5% above the base interest rate for legal transactions involving a consumer. The hotel reserves the right to prove higher damages.

6. The hotel is entitled, upon conclusion of the contract or thereafter, to request an appropriate advance payment or security deposit, taking into account the legal provisions for 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 offset or reduce a claim against the hotel if the claim is undisputed or legally binding.

IV. Withdrawal by the customer (i.e. cancellation) and non-use of the hotel's services

1. Any withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this consent is not obtained, the agreed price under the contract must be paid even if the customer does not use the contractual services. This does not apply if the hotel violates its obligation to consider the rights, legal interests, and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract, or if the customer is entitled to another statutory or contractual right of withdrawal.

2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any payment or compensation claims by the hotel. The customer's right of withdrawal expires if they do not exercise their right of withdrawal in writing to the hotel by the agreed date, unless a case of withdrawal by the customer occurs in accordance with paragraph 1, sentence 3.

3. The hotel is free to demand the contractually agreed compensation and to deduct a lump sum for saved expenses. In this case, the customer is obligated to pay at least 80% of the contractually agreed price for overnight accommodation with or without breakfast. The customer is free to provide evidence that the above-mentioned claim has not been incurred or has not been incurred to the required amount.

V. Withdrawal by the hotel

1. If a right of withdrawal for the customer free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive his right of withdrawal upon request from the hotel.

2. If an advance payment agreed upon or requested in accordance with Clause III No. 6 above is not made even after the expiry 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 for objectively justified reasons, for example if

• force majeure or other circumstances beyond the hotel's control make the fulfilment of the contract impossible;
• Rooms are booked under misleading or false information about essential facts, e.g. the identity of the customer or the purpose;
• the hotel has reasonable grounds to believe that the use of the hotel services may jeopardise the smooth running of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation;
• there is a breach of Clause I No. 2 above.

4. In the event of a justified cancellation by the hotel, the customer shall not be entitled to compensation.

VI. Room availability, handover and return

1. The customer does not acquire any right to the provision of specific rooms.

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

3. The entire stay must be paid upon arrival, unless it has already been paid for prior to arrival.

4. In order to qualify for the child discount, proof of the child's age (health card, student ID, vaccination certificate, etc.) must be presented upon check-in.

5. On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel may charge 50% of the full room rate (list price) for use beyond the agreed departure date until 6:00 p.m., and 100% of the full room rate after 6:00 p.m. This does not constitute a contractual claim on the part of the customer. The customer is free to prove that the hotel has incurred no or a significantly lower claim to a usage fee.

VII. Liability of the hotel

1. The hotel is liable for its contractual obligations with the care of a prudent businessman. Customer claims 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 obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the customer. The customer is obligated to make a reasonable effort to remedy the disruption and minimize any potential damage.

2. The hotel is liable to the customer for items brought into the hotel in accordance with statutory provisions, i.e., up to 100 times the room rate, up to a maximum of €3,500, as well as for money, securities, and valuables up to a maximum of €800. Money, securities, and valuables can be stored in the room safe up to a maximum value of €800 and in the hotel safe up to a maximum value of €20,000. The hotel recommends making use of this option. No liability is assumed for unlocked valuables. Liability claims expire if the customer does not notify the hotel immediately upon becoming aware of the loss, destruction, or damage (Section 703 of the German Civil Code). For any further liability of the hotel, the above number 1, sentences 2 to 4 apply accordingly.

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

4. Wake-up calls will be carried out by the hotel with the utmost care. Messages, mail, and shipments for guests will be handled with care. The hotel will be responsible for delivery, storage, and – upon request – forwarding of such items for a fee. Sentences 2 to 4 of Section 1 above apply accordingly.

VIII. Final provisions

1. Changes or additions to the contract, the acceptance of the application, or these Terms and Conditions for Hotel Accommodation must be made in writing. Unilateral changes or additions by the customer are invalid.

2. Place of performance and payment is the registered office of the hotel

3. The exclusive place of jurisdiction – including for disputes regarding checks and bills of exchange – in commercial transactions is the registered office of the hotel. If a contractual partner meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure and does not have a general place of jurisdiction within Germany, the place of jurisdiction shall be the registered office of the hotel.

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

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