Terms and conditions

General terms and conditions for the hotel accommodation contract

This English version is provided for convenience. In case of discrepancies, the German version is the binding one.

I. Scope

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

2. Subletting or further letting of the rooms made available and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 (1) sentence 2 of the German Civil Code (BGB) is waived unless the customer is a consumer.

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

II. Conclusion of contract, contracting parties, limitation

1. The contract is concluded when the hotel accepts the customer’s request. 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 booked on behalf of the customer, that third party is liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the hotel has 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 limitation period depending on knowledge pursuant to § 199 (1) BGB. Claims for damages become time-barred after five years irrespective 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, set-off

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

2. The customer is obliged to pay the agreed or applicable prices for the room rental and for further services used by the customer. This also applies to services and expenses of the hotel towards third parties arranged by the customer.

3. The agreed prices include the statutory value added tax applicable at the time. If the statutory value added tax changes, the agreed prices shall be adjusted accordingly. This shall only apply to contracts concluded with consumers if the period between conclusion of the contract and performance exceeds four months.

4. Invoices of the hotel are due for payment without deduction within 10 days of receipt. The hotel may demand immediate payment of the invoice amount at any time.

5. The hotel may at any time demand an appropriate advance payment or security deposit from the customer.

6. The customer may only offset or set off a claim of the hotel against an undisputed or legally established claim.

IV. Cancellation by the customer (i.e. cancellation) / non-use of hotel services

1. Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If this is not given, the agreed price under the contract must be paid even if the customer does not use contractual services. This does not apply in the event of a breach of the hotel’s obligation to have regard for 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 any other statutory or contractual right of cancellation.

2. Where a date for free cancellation of the contract has been agreed in writing between the hotel and the customer, the customer may cancel the contract until that date without triggering any payment or damages claims of the hotel. The customer’s right of cancellation expires if the customer does not exercise the right of cancellation in writing towards the hotel by the agreed date, unless a case under number 1 sentence 3 applies.

3. For rooms not used by the customer, the hotel shall offset the income from letting the rooms elsewhere and the expenses saved.

4. The hotel is free to demand the contractually agreed remuneration and to charge a flat rate for the expenses saved. In this case the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the above claim did not arise or did not arise in the amount demanded.

V. Cancellation by the hotel

1. Where a free right of cancellation of the customer within a certain period has been agreed in writing, the hotel is in turn entitled to cancel the contract within this period if other customers’ enquiries for the contractually booked rooms are received and the customer does not waive the right of cancellation upon the hotel’s enquiry.

2. If an agreed advance payment or an advance payment demanded under clause III no. 6 above is not made even after expiry of a reasonable grace period set by the hotel, the hotel is likewise entitled to cancel the contract.

3. The hotel is further entitled to cancel the contract extraordinarily for objectively justified reasons, 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 statements of essential facts, e.g. concerning the person of the customer or the purpose; • the hotel has justified reason to assume that use of the hotel’s services may jeopardise the smooth operation of the business, the safety 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 justified cancellation by the hotel, the customer has no claim for damages.

VI. Provision, handover and return of rooms

1. The customer does not acquire a claim to the provision of particular rooms.

2. Booked rooms are available to the customer from 4 pm on the agreed day of arrival. The customer has no claim to earlier provision.

3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11 am at the latest. In the event of late vacating, the hotel may charge 50% of the full room rate (list price) for use beyond the contract until 6 pm and 100% from 6 pm. This does not establish any contractual claims for the customer. The customer is at liberty to prove that the hotel incurred no or a substantially lower claim for usage fees.

VII. Liability of the hotel

1. The hotel is liable with the diligence of a prudent merchant for its obligations arising from the contract. Claims of the customer for damages are excluded. Excepted from this are damage arising from injury to life, body or health if the hotel is responsible for the breach of duty, other damage based on an intentional or grossly negligent breach of duty by the hotel, and damage based on an intentional or negligent breach of obligations typical of the contract. A breach of duty by the hotel is equivalent to a breach by a statutory representative or vicarious agent. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavour to remedy them upon becoming aware or upon immediate complaint by the customer. The customer is obliged to contribute what can reasonably be expected of them in order to remedy the disruption and keep a possible loss small.

2. For items brought in, the hotel is liable to the customer under the statutory provisions, i.e. up to one hundred times the room price, at most €3,500, and for money, securities and valuables up to €800. Money, securities and valuables may be kept in the hotel or room safe up to a maximum value of €,-. The hotel recommends making use of this option. Liability claims expire unless the customer notifies the hotel immediately upon gaining knowledge of loss, destruction or damage (§ 703 BGB). For any further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.

3. Where a parking space is made available to the customer in the hotel garage or on a hotel car park, even for a fee, no custodial contract is thereby concluded. The hotel is not liable in the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, except in the case of intent or gross negligence. The above number 1 sentences 2 to 4 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 assumes delivery, safekeeping and – upon request – onward dispatch of the same for a fee. The above number 1 sentences 2 to 4 apply accordingly.

VIII. Final provisions

1. Amendments or supplements to the contract, the acceptance of the request or these terms and conditions for the hotel accommodation should be made in writing. Unilateral amendments or supplements by the customer are invalid.

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

3. Exclusive place of jurisdiction – also for cheque and bill disputes – is, in commercial transactions, the registered office of the hotel. If a contracting party satisfies the requirements of § 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction is 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 of conflict of law rules is excluded.

5. Should individual provisions of these general terms and conditions for the 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.