Terms & Conditions

Terms & Conditions

1.       Scope of Applicability

1.1.     These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel to the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.

1.2.     The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not the consumer.

1.3.     The customer’s general terms and conditions shall apply only if these have been previously agreed.

2.       Conclusion of Contract, Parties, Statue of Limitations

2.1.     The hotel and the customer are the contracting parties. The contract shall come into effect upon the customer’s acceptance of the hotel’s offer.

2.2.     If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the hotel for all obligations arising from the hotel accommodation contract as joint several debtors together with the customer, insofar as the hotel has a corresponding but not adjoining statement by the third party.

2.3.     Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. All claims of damage against the hotel shall be limited to 5 years. This shall neither apply to claims which are based on intentional or grossly negligent breach of the hotel’s obligations.

3.       Services, Prices, Payment, Set-Off

3.1.     The hotel is obliged to keep the rooms reserved by the customer available and to render the agreed services.

3.2.     The customer is obliged to pay the agreed or applicable hotel prices for rooms provided as well as for all other services accepted. This also applies to services ordered by the customer or the hotel, which a third party provides and the hotel disburses.

3.3.     The agreed prices include all taxes and local taxes in effect at the time of the conclusion of the contract. This does not include locally levied taxes, which are owed by the guest according to the particular municipal laws, such as visitor’s tax. If the statutory value added tax is changed or if local taxes concerning services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted accordingly. In cases of contracts with consumers, this shall only apply if the period between the agreement of the contract and its fulfilment exceeds four months.

3.4.     The hotel is entitled to change the prices if the customer later wishes to alter the number of reserved rooms, other hotel services or the length of stay and the hotel and customer consents to such changes.

3.5.     Hotel invoices that do not display a specific due date are payable within ten days of the day of receipt. The hotel reserves the right to demand immediate payment of due debt from a customer. The statutory rules concerning consequences of default of payment apply. The hotel also reserves the right to prove greater damage.

3.6.     The hotel is entitled to require a reasonable or previously agreed advance payment or deposit for the purpose of security for room packages or hotel offers, such as a credit card guarantee or other agreed upon form. The amount of payment required to be made in advance of the commencement of the guest’s stay will be agreed upon in writing at the time of booking. The statutory provisions shall remain unaffected with advance payments or security for package tours.

3.7.     Furthermore, the hotel may demand an appropriate advance payment and/or deposit at the beginning of the stay of the customer, in accordance with No. 3.6 above, for current or future demands/services resulting from the contract provided that such advance payment/security does not exist already in accordance to No. 3.6.

3.8.     The customer may only off-set or reduce the hotel’s payment demands by means of an unchallenged legal claim.

4.       Withdrawal of the Customer (Cancellation, Annulment)/Failure to Use Hotel Services (No-Show)

4.1.     The customer can only withdraw from the contract with the hotel, if a right of withdrawal was specifically agreed upon in the contract, another right to withdrawal exists if the hotel gives consent to withdrawal. The contractual agreement of right of withdrawal as well as the consent to withdraw from the contract shall be in written form.

4.2.     Insofar as the hotel and customer have agreed upon a date for cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right to withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4.3.     If a contractual right of withdrawal was not agreed or has expired, a statutory right to withdrawal or cancellation is not given and the hotel does not consent to the cancellation of the contract. In such cases the agreed hotel services shall be paid regardless of whether the customer avails of the services. In cases of room rates the customer will be charged 100% of the rate for the first night and 90% of every night reserved thereafter, the customer will also be charged 100% of any other non-accommodation related services. The customer is entitled to prove that the demanded sum is incorrect and if so, the hotel agrees to charge the guest accordingly.

5.       Withdrawal of the Hotel

5.1.     Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this time period if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.

5.2.     If an agreed advance payment or security demanded pursuant of No. 3.6 and No. 3.7 is not made after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.

5.3.     Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for materially justifiable causes, particularly if;

-          Force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract impossible.

-          Rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of stay can constitute essential facts.

-          The hotel has justified cause to believe that the use of hotel services might jeopardize the smooth operations of the hotel, its security or public reputation, without being attributable to the hotel’s control or organisation.

-          The purpose or the cause of the stay can be considered illegal to any degree

-          There is a breach of the above-mentioned No. 1.2.

5.4.     The justified withdrawal of the hotel constitutes no claims for damages for the customer.

6.       Room Availability, Delivery and Return

6.1.     The customer does not acquire the right to be provided with specific rooms insofar as this is not specifically previously agreed.

6.2.     Reserved rooms are made available to the customer at 15:00hrs on the agreed arrival date. The customer does not have the right to earlier availability unless previously agreed and consented to by the hotel.

6.3.     Rooms must be vacated and made available to the hotel no later than 12:00hrs on the agreed departure date. A later time of departure can be agreed upon by the customer and the hotel and will incur an extra charge, which will be dependent on the requested departure time and can range as a far as the best available room rate for the following date. The customer is at liberty to prove that the hotel has no or a lower claim to payment demands in the case of the maximum charge of the following nights rate being applied to the customer.

7.       Liability of the Hotel

7.1.     The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations as stated in the contract. A breach of obligation of the hotel is deemed to be equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 7. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection of the customer made without delay. The customer shall be obliged to undertake reasonable actions to eliminate the disruption and to keep any possible damage to a minimum.

7.2.     In case of property being brought into the hotel, the hotel is liable in accordance with statutory provisions. The hotel recommends the use of the hotel room safe is all circumstances involving property which may be considered valuable. If the customer wishes to bring money, securities, stocks, bonds or valuables with a value of more than €800 or other property with a value higher than €3500, a separate safekeeping agreement is required to be made in advance of the arrival date.

7.3.     Insofar as a parking space is provided to the customer on the hotel’s property, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof only pursuant to the preceding No. 7.1.

7.4.     Wake-up calls are carried out by the hotel with the greatest possible diligence. Messages, mail and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold and, for a fee, forward such items on request. The hotel only assumes liability according to the preceding No. 7.1.

8.       Final Provisions

8.1.     Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.

8.2.     For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at [Bitte Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreibergesellschaft] shall have exclusive jurisdiction.

8.3.     The contract is governed by and shall be constructed in accordance with German law. The application of the UN Convention on the international Sale of Goods and Conflict of Law are precluded.

8.4.     Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.