1. These Terms and Conditions apply to contracts concerning the rental of hotel rooms for accommodation purposes and to all associated additional services and deliveries by the hotel (“Hotel Admission Contract”) The term “Hotel Admission Contract” includes and replaces the following terms: accommodation, guest hospitality, hotel and hotel room contract.
2. The customer’s Terms and Conditions shall only apply if this was the subject of an explicit, prior, written agreement.
II. Conclusion of the contract, partners; subletting
1. The Contract comes into force when the Hotel accepts the request by the Customer. It is at the discretion of the Hotel to confirm the room booking in writing.
2. The Hotel and the Customer are the contractual partners. A third party ordering on behalf of the Customer shall be jointly and severally liable with the Customer for all obligations arising from the Hotel Admission Contract, provided the third party has submitted a suitable acceptance of liability to the Hotel.
3. Subletting or any provision of the rooms that were booked or provided to other persons, also their use for purposes other than accommodation, shall require the prior written consent of the Hotel; Section 540 (1) clause 2 German Civil Code (BGB) does not apply if the Customer is a consumer.
III. Services, prices, payment, off-setting
1. The hotel undertakes to reserve the room booked by the customer and to provide the agreed services.
2. The Customer undertakes to pay for the provision of the room and for any other services claimed according to the current or agreed Hotel prices. This applies also to any services and benefits provided to third parties by the Hotel on behalf of the Customer.
3. The agreed prices include the taxes and local charged applicable when the Agreement is concluded. They do not include local charges payable by the Guest according to local bylaws, for instance spa taxes. The prices will be adjusted accordingly if the statutory rate of value added tax changes after the conclusion of the contract, or in the event of the introduction, amendment or withdrawal of local charges. This shall only apply to contracts with consumers if the time between contractual conclusion and fulfilment exceeds a period of four months.
4. Moreover, the Hotel shall be entitled to amend the prices insofar as the Customer makes subsequent changes to the number of booked rooms, the hotel services, or the length of accommodation, and the Hotel agrees to these changes.
5. Insofar as cash payment upon departure has not been agreed, the Hotel invoices are payable in full within 10 days of receiving the invoice, even without statement of a maturity date. The Hotel is entitled at any time to declare due all accrued receivables and to demand immediate payment. In cases of payment arrears, the Hotel is entitled to charge the statutory rate of arrearage interest, which is currently 8 percent above the base rate, or 5 percent above the base rate for transactions involving a consumer. It is at the discretion of the Hotel to demonstrate a greater damage.
6. The Hotel is entitled upon conclusion of the contract or thereafter and with due consideration of the statutory provisions concerning group travel, to demand a reasonable deposit payment or the provision of security. The amount of the deposit payment and the payment dates can be specified in writing in the contract.
7. The Hotel shall be entitled in justified cases, e.g. arrearage by the Customer or enlargement of the contractual volume, to demand a deposit payment or the provision of security in the meaning of clause 6 above, or to increase the deposit payment or the provision of security specified in the contract, up to the amount of the full remuneration, even after conclusion of the contract or the start of accommodation.
8. Moreover, the Hotel is entitled, at the beginning or during the period of accommodation, to demand that the Customer provide a reasonable deposit payment or security in the meaning of clause 5 above to collateralise current and future receivables, unless this collateralisation was already provided in clauses 5 and/or 6 above.
9. The customer may only set-off or reduce a claim by the Hotel with a claim which is undisputed or decided with final, res judicata effect.
IV. Withdrawal by the Customer (i.e. cancellation)/Failure to claim the hotel services
1. The Customer may only withdraw from the contract concluded with the Hotel if the contract explicitly includes a right of withdrawal, a lawful right of withdrawal otherwise exists only if the Hotel explicitly agrees to the withdrawal. The agreement of a right of withdrawal or any consent to cancellation of the Contract must be set out in writing.
2. The Customer will be entitled to withdraw from the contract without any liability to pay compensation or damages to the Hotel insofar as the Hotel and the Customer have agreed a date for contractual cancellation without charge and the cancellation is before this date. The Customer’s right to withdraw from the contract will lapse insofar as the Customer does not notify the Hotel of this withdrawal before the agreed date.
3. A statutory right of withdrawal or cancellation does not exist insofar as a right of withdrawal has not been agreed or has already lapsed; the Hotel will be entitled to demand payment of the agreed remuneration despite failure to claim the Hotel services, unless it agrees to cancel the contract. The Hotel must deduct any income from otherwise renting the rooms, as well as the expenses saved. The Hotel is entitled to deduct a flat rate for saved expenses if the rooms are not otherwise rented. The Customer undertakes in these cases to pay at least 90 percent of the contractually agreed price of accommodation either with or without breakfast and for special arrangements with external service providers, 70 percent for half board arrangements and 60 percent for full board arrangements. It is at the discretion of the Customer to prove that this claim is unjustified, or unjustified in the stated amount.
V. Withdrawal by the Hotel
1. Any period extended to the Customer for a free right of withdrawal from the contract will also entitle the Hotel to withdraw from the contract insofar as it receives enquiries from other customers for the contractually booked rooms, and the Customer does not renounce their right of withdrawal on request by the Hotel.
2. The Hotel shall likewise be entitled to withdraw from the Contract insofar as a deposit payment or provision of security according to Section III (6) is not made, even after an appropriate grace period extended by the Hotel.
3. Moreover, the Hotel shall be entitled to withdraw from the contract with immediate notice for materially justified reasons, for instance if
- performance of the contract is impossible due to force majeure or for other reasons that are not the responsibility of the Hotel;
- rooms or facilities are booked with misleading or false information regarding essential facts of the contract, such as the identity of the Customer or the propose of the stay;
- the hotel has justifiable cause to believe that the hotel services and performances might jeopardise the smooth operation of the hotel and its security or public reputation, without this being attributable to the Hotel’s own area of control or organisation;
- the purpose, i.e. the occasion, of the residence is unlawful;
- there is a violation according to Section II (3) above.
4. The Customer has no right to compensation in cases of justified withdrawal by the Hotel.
VI. Room availability, delivery and return
1. Unless agreed explicitly in writing, the Customer does not acquire the right to be provided specific rooms.
2. Reserved rooms are available to the Customer from 3.00pm on the agreed arrival date. The customer does not have the right to earlier availability.
3. Rooms must be vacated and made available to the Hotel no later than 12:00pm on the agreed departure date. After that time, the Hotel may charge 50 percent of the full accommodation rate (list price) in addition to damages so occurred for the additional use of the room until 6:00pm; 100 percent will be charged after 6:00pm. This does not constitute a contractual entitlement on the part of the Customer. It is at the discretion of the Customer to prove that the Hotel is entitled to no or a significantly lower claim to remuneration for use.
VII. Liability of the Hotel
1. The Hotel is liable for damages to life, limb and health for which it is responsible. Furthermore, the Hotel shall be liable for other damage caused by a culpably intentional or grossly negligent violation of a contractual obligation, or by an intentional or negligent violation of a typical contractual duty, the so-called essential or cardinal obligations of the Hotel. Typical contractual obligations are those that are essential to or enable the orderly execution of the contract and on whose fulfilment the Customer ordinarily relies and may rely. A violation of obligations by a legal representative or vicarious agent of the Hotel is considered equivalent to a violation of obligations by the Hotel itself. Other claims to compensation not otherwise provided for in this Section VII. are excluded. The Hotel will make every attempt to rectify any disturbances or deficiencies in the services of the Hotel as soon as it acquires knowledge thereof or is notified by the Customer. The Customer is obliged to make a reasonable contribution to the rectification of the disturbance or minimisation of possible damage.
2. The Hotel’s liability toward the customer’s property bought into the hotel is in accordance with the statutory provisions. The Hotel recommends use of the hotel and room safes. Guests intending to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros must reach a separate storage agreement with the Hotel.
3. Items left behind by the Customer will only be forwarded on the request, at the risk and on the cost of the Customer. The Hotel will keep the items for a period of three months; they will then be handed over to the local Lost and Found Office, provided they possess an evident value. The items will kept for a further nine months and then marketed or destroyed if the Lost and Found Office is not willing to accept them. Number 1 clauses 1 to 5 above apply accordingly to liability.
4. Insofar as a parking space is provided to the customer in the hotel car park or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is charged. The Hotel shall only be liable in accordance with No. 1 clauses 1 to 5 above in the event of loss or damage to motor vehicles and their contents that are left or parked on the hotel property.
5. The Hotel will perform wake-up calls with the utmost diligence. Messages, post and consignments will be treated with care. The Hotel will manage the delivery, storage and – on request – the forwarding of these messages, post and consignments. Number 1 clauses 1 to 5 above apply to the exclusion of compensation claims by the Customer.
VIII. Third-party services
The Hotel will merely pass on or request third-party party services as accessory services and will thereby broker these services from the third-party provider in the name and on the request of the guest/Customer. The Hotel is liable only for the orderly execution of this brokerage; liability is therefore restricted to intent and gross negligence. The Hotel provides no warranty for impairments in the services of and/or damage by the third-party provider and shall therefore accept no liability.
IX. Limitation period
Claims by the contractual partners that are not based on fraudulent intent or Section VII.1 clauses 1 to 4 shall lapse – unless there are shorter statutory limitation periods – after one year, but in all cases and irrespective of knowledge or grossly negligent ignorance after five years after such actions, the contractual violation or other incidents that gave rise to the damage.
X. Final provisions
1. Changes and additions to this Agreement, the acceptance of booking requests or the Terms and Conditions must be in writing. Unilateral changes or additions by the Customer are invalid.
2. The place of fulfilment and payment for transactions involving registered businesses – also for disputes on cheques and bills of exchange – is the respective hotel location. The registered offices of the Hotel shall be the place of jurisdiction insofar as a contractual partner satisfies the conditions of Section 38 (2) Code of Civil Procedure (ZPO) and does not have an ordinary place of jurisdiction in Germany.
3. German law applies. The United Nations Convention on the International Sales of Goods (CISG) and the provisions on the conflicts of laws do not apply.
4. Any current or future invalidity of individual provisions of these Terms and Conditions will not affect the validity of the provisions as a whole. Statutory provisions will otherwise apply.