You candownload our current terms and conditions (AGB) here.
I. Area of application
- These Terms and Conditions of Business apply to contracts for the rental of hotel rooms for lodging purposes, as well as all other services and deliveries provided by the hotel for the customer.
- Subletting or subletting of the rooms made available and their use for purposes other than lodging require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
- The customer's terms and conditions shall only apply if this has been expressly agreed in writing beforehand.
II Conclusion of Contract, Contract Partner; Statute of Limitations
- The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing.
- The contracting parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, the customer 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 by the third party.
- All claims against the hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. services, prices, payment, set-off
- The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
- The customer is obligated to pay the hotel's applicable or agreed prices for the provision of the rooms and the additional services used by the customer. This also applies to the hotel's services and expenses to third parties arranged by the customer.
- The agreed prices include the respective statutory value-added tax. If the period between conclusion and performance of the contract exceeds four months and if 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%.
- Furthermore, the hotel may change the prices if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of the guests' stay and the hotel agrees to such changes.
- Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled at any time to declare accrued accounts receivable due and payable and to demand immediate payment. In the event of default in payment, the hotel is entitled to charge the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
- 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 dates of payment may be agreed in writing in the contract.
- The customer may only offset or reduce a hotel's claim against a claim of the hotel with an undisputed or legally valid claim.
IV. Rescission by the customer (i.e. cancellation) / non-use of the hotel's services
- The customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If such consent is not obtained, the agreed price under the contract is payable even if the customer does not make use of contractual services. This does not apply in the event of a breach of the hotel's obligation to take the customer's rights, legal interests and interests into consideration if the customer can no longer be reasonably expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of rescission.
- The customer may withdraw from the contract up to 14 days before the date of arrival without triggering payment or damage compensation claims by the hotel. The customer's right of rescission expires if he does not exercise his right of rescission in writing to the hotel by the agreed date, unless a case of rescission by the customer pursuant to No. 1 sentence 3 exists.
- 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.
- 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 to pay at least 80% of the contractually agreed price for overnight 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-mentioned claim did not arise or did not arise in the amount demanded.
V. Cancellation by the hotel
- Insofar as the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed in writing, the hotel is entitled for its part 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 upon inquiry by the hotel.
- If an agreed advance payment or advance payment requested in accordance with Clause III No. 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is likewise entitled to rescind the contract.
- Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- rooms are booked under misleading or false information of material facts, e.g. in the person of the customer or the purpose;
- the hotel has reasonable cause to believe that the use of the hotel's services may jeopardize the smooth operation of the business, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization.
- there is a violation of Clause I No. 2 above.
- In the event of justified withdrawal by the hotel, the customer shall have no claim to damages.
VI. room provision, handover and return
- The customer does not acquire any claim to the provision of specific rooms.
- Booked rooms are available to the customer from 15.00 hours on the agreed day of arrival. The customer is not entitled to earlier availability.
- On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 12:00 noon. After that time, the hotel may charge 50% of the full accommodation price (list price) for use of the room in excess of the contractual period until 6:00 p.m. due to the delayed vacating of the room, and 100% from 6:00 p.m. onwards. Contractual claims of the customer shall not be justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
VII Liability of the Hotel
- The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims for damages by the customer 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 based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of duties typical of the contract by the hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy such upon knowledge thereof or upon prompt notification of the customer. The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.
- The hotel shall be liable to the customer for items brought to the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 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 € (insert the hotel's insured sum). The hotel recommends making use of this option. Liability claims expire unless the customer notifies the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). The above No. 1 sentences 2 to 4 shall apply accordingly to any further liability of the hotel.
- Insofar as the customer is provided with a parking space in the hotel garage or a hotel parking lot, even against payment, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property or their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
- Wake-up orders are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel shall be responsible for delivery, storage and - if desired - forwarding of such items for a fee. The above No. 1 sentences 2 to 4 apply accordingly.
VIII. final provisions
- Amendments or supplements to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
- The place of performance and payment is the hotel's registered office.
- The exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - in commercial transactions is the hotel's registered office. Insofar as a contractual partner fulfills the requirements of § 38 para. 2 ZPO (Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
- German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
- 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. In all other respects the statutory provisions shall apply.