General Terms and Conditions for Hotel Accommodation
I. Scope of Application
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.
The sub-letting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, 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, Partners, Statute of Limitations
The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in writing.
The contractual partners are the hotel and the customer. If a third party has ordered for the customer, they shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages are subject to a limitation period of five years, regardless of knowledge. These reductions do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, Prices, Payment, Offset
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the hotel's applicable or agreed prices for the room rental and the other services used by them. This also applies to services and expenses of the hotel to third parties initiated by the customer.
The agreed prices include the respective statutory Value Added Tax (VAT). If the period between the conclusion of the contract and the 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%.
Prices may also be changed by the hotel if the customer subsequently requests changes to the number of booked rooms, the hotel's service, or the guests' length of stay, and the hotel agrees to this.
Hotel invoices are payable on the day of arrival without deduction. In the event of default in payment, the hotel is entitled to demand the currently applicable statutory default interest.
The hotel is entitled to demand a reasonable advance payment in the form of a credit card guarantee or security deposit upon conclusion of the contract.
The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. Withdrawal by the Customer (Cancellation)
Withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this is not provided, the agreed price from the contract must be paid even if the customer does not use the contractual services.
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 until then without triggering payment or damage claims by the hotel.
In the case of rooms not used by the customer, the hotel must credit the income from renting the rooms to others as well as the saved expenses.
The hotel is free to demand the contractually agreed compensation and to flat-rate the deduction for saved expenses. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight stay with breakfast.
V. Withdrawal by the Hotel
If a right of free withdrawal for the customer was agreed in writing within a certain period, the hotel is also entitled to withdraw from the contract during this period if there are inquiries from other customers for the booked rooms.
If an agreed advance payment is not made even after a reasonable grace period set by the hotel has expired, the hotel is entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example, if:
Force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible.
Rooms are booked under misleading or false information regarding essential facts (e.g., identity of the customer or purpose).
The hotel has justified reason to assume that the use of the hotel service may jeopardize the smooth operation of the business, security, or the hotel's public reputation.
In the event of a justified withdrawal by the hotel, the customer has no claim to damages.
VI. Room Provision, Handover, and Return
The customer does not acquire a claim to the provision of specific rooms.
Booked rooms are available to the customer from 3:00 PM on the agreed day of arrival.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 AM at the latest. Thereafter, the hotel may charge 50% of the full room rate for use exceeding the contract until 1:00 PM, and 100% from 3:00 PM onwards.
VII. Liability of the Hotel
The hotel is liable for its obligations under the contract with the care of a prudent businessman. Claims for damages by the customer are excluded, except for damages resulting from injury to life, body, or health, or other damages based on an intentional or grossly negligent breach of duty by the hotel.
The hotel is liable to the customer for brought-in items according to the statutory provisions, which is up to one hundred times the room price, up to a maximum of 3,500 euros.
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 storage contract. The hotel is not liable for loss or damage to motor vehicles parked or maneuvered on the hotel property, except in cases of intent or gross negligence.
VIII. Final Provisions
Changes or additions to the contract or these terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
The place of performance and payment is the registered office of the hotel.
The exclusive 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.