I. Scope of Application
These Terms and Conditions apply to contracts for the temporary rental of hotel rooms for accommodation purposes, as well as to all other related services and deliveries provided by the hotel to the customer (Hotel Accommodation Agreement). The term “Hotel Accommodation Agreement” replaces and includes the following terms: lodging agreement, guest accommodation contract, hotel contract, hotel room contract.
Subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel. Section 540 (1) sentence 2 of the German Civil Code (BGB) shall not apply insofar as the customer is not a consumer.
General terms and conditions of the customer shall only apply if this has been expressly agreed in text form beforehand.
II. Conclusion of Contract, Contracting Parties, Limitation Period
The contract is concluded when the hotel accepts the customer’s booking request. The hotel may confirm the room reservation in text form at its discretion.
Contracting parties are the hotel and the customer. If a third party makes a booking on behalf of the customer, that third party and the customer are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has received an appropriate declaration from the third party.
All claims against the hotel shall generally become time-barred one year after the statutory commencement of the limitation period. Claims for damages become time-barred, irrespective of knowledge, after five years, except for those arising from injury to life, body, health, or freedom. Such claims become time-barred, irrespective of knowledge, after ten years. The limitation period reductions do not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.
III. Services, Prices, Payment, Set-Off
The hotel is obliged to make the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the agreed or applicable hotel 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. The agreed prices include the applicable statutory value-added tax (VAT).
The hotel may make its consent to a subsequent reduction in the number of booked rooms, the scope of hotel services, or the duration of stay conditional upon an increase in room prices and/or other hotel services.
Invoices issued by the hotel without a payment due date are payable within 10 days from receipt without any deduction. The hotel may demand immediate payment of due claims at any time. In case of default, the hotel is entitled to charge the applicable statutory default interest—currently 8% above the base interest rate, or 5% for transactions involving a consumer. The hotel reserves the right to prove higher damages.
The hotel is entitled to require a reasonable advance payment or security deposit (e.g., by credit card guarantee or prepayment) upon conclusion of the contract. The amount and due dates may be agreed in text form. Statutory provisions on package travel advance payments remain unaffected.
In justified cases (e.g., customer payment arrears or contract scope extension), the hotel may request an advance payment or security deposit even after conclusion of the contract, up to the full agreed price.
The customer may only offset or reduce claims of the hotel with undisputed or legally established counterclaims.
IV. Withdrawal by the Customer (Cancellation, No-Show)
Customer withdrawal from the contract requires the hotel’s consent in text form. If such consent is not given, the agreed contract price remains payable even if the customer does not use the contractual services.
If a deadline for free cancellation in text form was agreed between the hotel and the customer, the customer may cancel the contract free of charge within this period. The right to withdraw expires if not exercised in text form by the agreed deadline.
If rooms are not used, the hotel must credit any revenue from re-letting the rooms and any saved expenses. If the rooms are not re-let, the hotel may charge the agreed price and apply a flat-rate deduction for saved expenses. The customer must pay at least 90% of the contract price for bed and breakfast, 70% for half board, and 60% for full board arrangements. The customer remains free to prove that the hotel did not incur or incurred a lower claim.
V. Withdrawal by the Hotel
If a free cancellation deadline for the customer has been agreed in text form, the hotel is likewise entitled to withdraw from the contract within this period if other customer requests for the same rooms exist and the customer does not waive their right of withdrawal when asked by the hotel.
If the customer fails to provide an agreed or requested advance payment or security deposit after a reasonable grace period set by the hotel, the hotel may withdraw from the contract.
The hotel may also withdraw from the contract for justified reasons, for example if:
- Force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible;
- Rooms are booked under misleading or false information regarding essential facts (e.g., customer identity or purpose of stay);
- The hotel has justified reason to believe that the use of its services may jeopardize its smooth operations, safety, or reputation, without being attributable to its organization;
- The purpose or reason for the stay is unlawful;
- There is a breach of Section I, paragraph 2 above.
In the event of a justified withdrawal by the hotel, the customer shall have no right to claim damages.
VI. Room Availability, Handover, and Return
The customer has no entitlement to specific rooms unless expressly agreed in text form.
Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. There is no right to earlier availability.
On the agreed departure date, rooms must be vacated and returned to the hotel by 11:00 a.m. After this time, the hotel may charge 50% of the full room rate (listed rate) for late departure until 6:00 p.m. and 100% thereafter. This does not create contractual claims for continued occupancy. The customer may provide evidence that the hotel incurred no or significantly lower charges.
VII. Liability of the Hotel
The hotel is liable for its obligations under the contract. Customer claims for damages are excluded except for:
- Damages resulting from injury to life, body, or health, if caused by the hotel’s fault;
- Other damages caused by intentional or grossly negligent breaches of duty by the hotel;
- Damages caused by negligent violation of essential contractual obligations.
Liability for the acts of legal representatives or vicarious agents is equivalent. In the event of service disruptions or defects, the hotel shall, upon notice by the customer, make reasonable efforts to remedy the situation. The customer must contribute to resolving the issue and minimizing possible damage.
For items brought into the hotel, liability is governed by statutory provisions. Liability is limited to 100 times the room rate, but not exceeding €3,500, and for money, securities, and valuables, to €800. Money, securities, and valuables may be stored in the hotel or room safe up to the maximum insured amount (insert amount). The hotel recommends using this option.
If the customer is provided with a parking space in the hotel garage or on the hotel premises, this does not constitute a storage contract. The hotel is not liable for loss or damage to vehicles or their contents, except in cases of intent or gross negligence.
Wake-up calls are handled with the utmost care. Messages, mail, and packages for guests are handled carefully, with storage and forwarding available upon request and for a fee. The liability exclusions above apply accordingly.
VIII. Final Provisions
Amendments or additions to the contract, acceptance of applications, or these Terms and Conditions must be made in text form. Unilateral changes by the customer are invalid.
Place of performance and payment is the location of the hotel.
The exclusive place of jurisdiction—including disputes involving checks and bills of exchange—in commercial transactions is the hotel’s registered office. If a contracting party meets the requirements of §38 (2) ZPO and has no general place of jurisdiction in Germany, the hotel’s registered office shall be the place of jurisdiction.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules is excluded.
Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected. Statutory provisions apply otherwise.