General terms and conditions for the hotel accommodation contract
§ 1 Scope
(1) 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.
(2) The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived if the customer is not a consumer.
(3) The customer’s terms and conditions only apply if this has been expressly agreed in writing beforehand.
§ 2 Conclusion of contract, partners, statute of limitations
(1) The contract is concluded when the hotel accepts the customer’s application. This means that a hotel accommodation contract is already concluded when the customer places the order by telephone and the hotel confirms the booking verbally. The hotel is free 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, they are liable to the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.
(3) All claims against the hotel generally become time-barred one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages become time-barred after 5 years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
§ 3 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 rooms provided and other services used. This also applies to services and expenses of the hotel arranged by the customer for third parties.
(3) The agreed prices include the respective statutory VAT. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 5%.
(4) The hotel can also change the prices if the customer subsequently requests changes to the number of booked rooms, the hotel’s services or the length of stay of the guests and the hotel agrees to this.
(5) Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damage.
(6) The hotel is entitled to demand a reasonable advance payment or security upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
(7) The customer can only offset or reduce a claim from the hotel with an undisputed or legally binding claim.
§ 4 Withdrawal by the customer (cancellation, cancellation)/ non-use of the hotel’s services (no show)
(1) Cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel from 7 days before arrival. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the hotel’s obligation to take into account the rights, objects of legal protection and interests of the customer if this means that adherence to the contract can no longer be expected or if another statutory or contractual right of withdrawal is due.
(2) If a date for free cancellation of the contract has been agreed in writing between the hotel and the customer, the customer can cancel the contract up to that point without triggering payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless a case of withdrawal by the customer pursuant to para. 1 sentence 3 is available.
(3) In the case of rooms not used by the customer, the hotel must offset the income from renting the rooms to other parties and the saved expenses.
(4) The hotel is free 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 90% of the contractually agreed price for overnight accommodation.
(5) The customer is free to prove that the above claim did not arise or did not arise in the required amount.
(6) Unless otherwise agreed, during the COVID pandemic, the guest can withdraw up to 2 days before arrival.
§ 5 Withdrawal by the hotel
(1) If the customer’s right to withdraw free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer exercises his right upon inquiry by the hotel not waived to resign.
(2) If an agreed or above according to § 3 para. 6 is not made even after a reasonable period of grace set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
(3) Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- Zimmer with misleading or false statements of material facts, e.g. B. in the person of the customer or the purpose;
- the hotel has justified reason to believe that the use of the hotel’s services may jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s area of control or organization;
- a violation of § 1 para. 2 is present.
(4) If the hotel withdraws with justification, the customer is not entitled to compensation.
§ 6 Provision, handover and return of rooms
(1) The customer does not acquire the right to be provided specific rooms.
(2) Booked rooms are available to the customer from 3 p.m. on the agreed arrival date.
(3) A fee of €10 will be charged for earlier availability after 12:00 p.m.
(4) On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract due to the delayed evacuation of the room up to 6 p.m. and 100% from 6 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.
(5) Smoking is strictly prohibited in the rooms. If this is violated, a cleaning fee of €100 will be charged. Furthermore, the guest has to bear the days of the room failure due to the smell. The regular daily rate applies here.
(6) Parties are expressly not permitted. In the event of violations in this regard, the hotel reserves the right to evict the guest at any time and not to provide a refund of the room price.
(7) Damages of any kind are to be reimbursed or repaired by the guest.
Damage to the room is carried out by in-house craftsmen, who are remunerated at an hourly rate of €20 per hour/employee.
Material costs are exclusive.
(8) Pets are only permitted if spoken to. In the event of a violation in this regard, the hotel reserves the right to expel the guest at any time and not to provide any refund.
(9) If the guest enters an incorrect number of guests, the hotel is entitled to request the remaining amount for the additional guest. Furthermore, the hotel company reserves the right to initiate a complaint.
§ 7 Liability of the hotel
(1) The hotel is liable for its obligations arising from the contract with the diligence of a prudent businessman. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb 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 resulting from an intentional or negligent breach based on typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
(2) The hotel is not liable for items brought in. There are no safes.
(3) There is no private parking. We expressly point out not to park in the street in front of the hotel. There are numerous parking spaces in the surrounding side streets. No liability is assumed for objects in the vehicle. Please do not leave any bags or valuables in the car or in the hallways.
(4) Messages, mail and consignments of goods for the guests are treated with care. The hotel takes care of the delivery, storage and – on request – the forwarding of the same for a fee. above paragraph 1 sentences 2 to 4 apply accordingly.
§ 8 Final Provisions
(1) Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
(2) The place of performance and payment is the hotel’s registered office.
(3) The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the registered office of the hotel in commercial transactions. If a contractual partner meets the requirement of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
(4) German law applies. The application of the UN sales law and the conflict of laws is excluded.
(5) Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
(6) Information obligation acc. Consumer Dispute Settlement Act (§ 36 VSBG): The hotel is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.