General Terms and Conditions for the Hotel Accommodation Contract
I. Scope of application
1. these terms and conditions apply to contracts for the rental of hotel rooms for accommodation
hotel rooms for accommodation, as well as all other services and supplies provided by the hotel for the customer.
and deliveries of the hotel.
2. the subletting or re-letting of the rooms provided and their use for purposes other
other than for accommodation purposes require the prior written consent of the hotel, whereby
hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
is a consumer.
3. the customer's terms and conditions shall only apply if this has been expressly
expressly agreed in writing.
II Conclusion of contract, contract partner; limitation period
1. the contract is concluded upon acceptance of the customer's application by the hotel.
The hotel is at liberty to confirm the room booking in writing.
2. the contractual partners are the hotel and the customer. If a third party has ordered for the customer
liable to the hotel together with the customer as joint and several debtors for all
obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration
of the third party.
3. all claims against the hotel shall generally become time-barred one year after the commencement of the
regular limitation period of § 199 para. 1 BGB. Claims for damages
are subject to a limitation period of five years irrespective of knowledge. The shortening of the limitation period
not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
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 obliged to pay the applicable or agreed hotel prices for the room rental and the other
the hotel's applicable or agreed prices for the room rental and other services used.
This also applies to services and expenses of the hotel to third parties arranged by the customer.
third parties.
3. the agreed prices include the respective statutory value added tax. If
the period between the conclusion and fulfillment of the contract exceeds four months and
the price generally charged by the hotel for such services increases, the hotel may
the hotel may raise the contractually agreed price appropriately, but by no more than 5%.
4. the prices may also be changed by the hotel if the customer subsequently
changes to the number of rooms booked, the hotel's services or the length of stay of the guests
of the guests and the hotel agrees to this.
5. invoices of the hotel without a due date are payable within 10 days of receipt of the
invoice without deduction. The hotel is entitled to declare accrued claims due at any time
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 of currently 8% or, in the case of legal transactions
or, in the case of legal transactions in which a consumer is involved, 5% above the base rate.
the base interest rate. The hotel reserves the right to prove higher damages.
reserved.
6. the hotel is entitled, upon conclusion of the contract or thereafter, taking into account the
legal provisions for package tours, to demand an appropriate advance payment or security deposit.
to demand. The amount of the advance payment and the payment dates
may be agreed in writing in the contract.
7. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
or reduce a claim of the hotel.
IV. Withdrawal by the customer (i.e. cancelation) / Non-utilization of the hotel's services
1. the customer's withdrawal from the contract concluded with the hotel requires the hotel's
written consent of the hotel. If this is not given, the agreed price from the contract
contract must be paid even if the customer does not make use of contractual services.
services. This shall not apply in the event of a breach of the hotel's obligation to consider
rights, legal interests and interests of the customer, if the customer can no longer reasonably be
the contract is no longer reasonable or if the customer has any other 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
contract has been agreed in writing, the customer may withdraw from the contract up to that date
without incurring payment or damage compensation claims by the hotel. The right of withdrawal
of the customer expires if he does not exercise his right to withdraw from the contract
right of withdrawal in writing to the hotel by the agreed date, unless a case of withdrawal by the
customer pursuant to No. 1 sentence 3.
3. in the case of rooms not used by the customer, the hotel shall offset the income
from renting the rooms to other parties and the expenses saved.
4. the hotel is at liberty to demand the contractually agreed remuneration and to make a flat-rate deduction
for saved expenses. In this case, the customer is obliged
at least 95% of the contractually agreed price for accommodation with or without breakfast.
breakfast.
The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the
the amount claimed.
V. Cancellation by the hotel
1. if the customer's right to cancel the contract free of charge within a certain period has been
agreed in writing, the hotel is entitled for its part to withdraw from the contract during this period if
contract if there are inquiries from other customers for the contractually booked rooms and the customer
booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
not waived. If the customer's right to withdraw from the contract free of charge within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon enquiry by the hotel.
2. if an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 above is not made even after
payment is not made even after a reasonable grace period set by the hotel has expired, the hotel is also
the hotel is also entitled to withdraw from the contract.
3. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason
for objectively justified reasons, for example if
- force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract
impossible to fulfill the contract;
- rooms are booked under misleading or false statements of material facts, e.g. concerning the
person of the customer or the purpose;
- the hotel has justified cause to believe that the use of the hotel's services might jeopardize the
the smooth running of the business, the security or the reputation of the hotel in the
hotel in the public eye without this being attributable to the hotel's sphere of control or organization.
of the hotel;
- there is a breach of Clause I No. 2 above.
4. in the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
VI Room provision, handover and return
1. the customer acquires no entitlement to the provision of specific rooms.
2. booked rooms are available to the customer from 3 p.m. on the agreed day of arrival.
available. The customer is not entitled to earlier availability.
3. on the agreed day of departure, the rooms must be vacated and made available to the hotel by 12.00 noon at the latest
at the latest. After this time, the hotel may charge 50% of the full accommodation price
the room until 6.00 p.m. for its use in excess of the contract, 50% of the full accommodation price
(list price), from 6.00 p.m. 100%. Contractual claims
of the customer are not justified by this. The customer is at liberty to prove that the
Hotel has no or a significantly lower claim to a usage fee.
VII Liability of the hotel
1. the hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman
from the contract. Claims of the customer for damages are excluded. From this
This does not apply to damages resulting from injury to life, limb or
health, if the hotel is responsible for the breach of duty, other damages which are
are based on 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.
obligations of the hotel. A breach of duty on the part of the hotel is equivalent to that of a
representative or vicarious agent. Should disruptions or defects in the hotel's services
the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate
customer, the hotel shall endeavor to remedy the situation. The customer is obliged to do what is reasonable to
to remedy the disruption and to minimize any possible damage.
2. the hotel shall be liable to the customer for property brought into the hotel in accordance with the statutory provisions,
This is up to one hundred times the room rate, up to a maximum of € 3,500, as well as for money,
securities and valuables up to € 800. Money, securities and valuables can be
up to a maximum value of € (insert the hotel's sum insured) in the hotel or room safe.
room safe. The hotel recommends that you make use of this option.
make use of this option. Liability claims shall lapse if the customer does not notify the hotel after becoming aware of the
the hotel immediately after becoming aware of the loss, destruction or damage
(§ 703 BGB). For any further liability of the hotel, the above number
1 sentences 2 to 4 apply accordingly.
3. if the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee
parking lot, even for a fee, this does not constitute a safekeeping agreement.
In the event of loss of or damage to vehicles parked or maneuvered on the hotel property
or maneuvered motor vehicles and their contents, the hotel shall not be liable, except in cases 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 merchandise deliveries for guests are handled with care. The
hotel will take care of the delivery, storage and - on request - the forwarding
forwarding of the same. The above number 1 sentences 2 to 4 apply accordingly.
VIII Final provisions
1. amendments or additions to the contract, the acceptance of the application or these terms and conditions
for hotel accommodation should be made in writing. Unilateral amendments or supplements
amendments by the customer are invalid.
2. the place of performance and payment is the registered office of the hotel.
3. the exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange
the registered office of the hotel. Insofar as a contractual partner fulfills the
of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be
place of jurisdiction shall be the registered office of the hotel.
4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of
excluded.
5. should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become
be or become invalid or void, this shall not affect the validity of the remaining provisions.
provisions shall not be affected. Otherwise, the statutory provisions shall apply.