1 Scope
1.1 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 to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior consent of the hotel in writing, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is excluded, unless the customer is a consumer.
1.3 The customer’s general terms and conditions only apply if this has been expressly agreed in advance.
1.4 These terms and conditions do not apply in the event of a reservation via third-party providers such as Hotel.de, HRS, Expedia, Booking.com, etc. In this case, the terms and conditions of these third-party providers apply. In this case, the hotel acts only as a service provider and not as a contractual partner.
2 Conclusion of contract, contractual partners, statute of limitations
2.1 The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing.
2.2 All claims against the hotel are generally subject to a statute of limitations of one year from the start of the statutory limitation period. Claims for damages are subject to a statute of limitations of five years from the date of knowledge, unless they are based on injury to life, limb, health or freedom. This does not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3 Services, prices, payment, offsetting
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for the room rental and the other services used by him. This also applies to services commissioned directly or via the hotel by the customer, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest himself under the respective municipal law, such as tourist tax. If the statutory sales tax is changed or local taxes on the subject of the service are newly introduced, changed or abolished after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the length of stay requested by the customer dependent on the price for the rooms and/or other services of the hotel increasing.
3.5 Hotel invoices without a due date are payable within fourteen days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the customer at any time. In the event of default in payment by the customer, the statutory provisions apply. The hotel reserves the right to prove a higher damage. In the event of default in payment by the customer, the statutory provisions apply.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
3.7 In justified cases, for example payment arrears of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of the aforementioned clause 3.6 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of the aforementioned clause 3.6 for existing and future claims arising from the contract from the customer at the beginning and during the stay, insofar as such has not already been provided in accordance with the aforementioned clause 3.6 and/or clause 3.7.
3.9 The customer can only offset or set off against a claim of the hotel with an undisputed or legally established claim.
3.10 Collection of guest data
The collection of certain guest data is necessary for the proper fulfillment of the hotel accommodation contract. This also applies to German citizens. The collection and processing of this data is based on Art. 6 Para. 1 lit. b GDPR.
The following data is collected at check-in:
Address of the guests: The complete address is used for the clear identification of the guest, the assignment of previous stays as well as invoicing and, if necessary, for tax records.
Email address: The email address is used for electronic invoice dispatch, the dispatch of reservation-related information and the sending of the digital registration form.
Phone number: The phone number is required for contacting in an emergency, for check-in instructions in case of late arrival, information about an earlier check-in and the possibility to use our digital room key on the mobile phone.
Date of birth: The query of the date of birth is required to prevent the accommodation of minors without legal guardians according to section 2.3 of these terms and conditions.
Nationality and reason for travel: This information is collected for statistical purposes and transmitted to the Federal Statistical Office.
The collected guest data will not be used for marketing purposes or promotions without your express consent. A transfer to third parties only takes place if this is necessary for the fulfillment of the accommodation contract or you have expressly consented.
4 Withdrawal of the customer (cancellation, cancellation) / non-use of the hotel’s services (no-show)
4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract should be made in writing.
4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
4.3 If a right of withdrawal is not agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite non-use of the service. The hotel must credit the income from renting the rooms elsewhere as well as the saved expenses. If the rooms are not rented elsewhere, the hotel can lump-sum the deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for overnight stays with or without breakfast as well as for package specials with external services, 70% for half-board and 60% for full-board specials. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed. In the case of a booked rate that includes an advance payment of 100% of the total stay and a right of withdrawal up to a contractually agreed date, the hotel reserves the right to retain the deposit in full if the cancellation is not made in time. The same applies to the non-use of the hotel’s services (no-show).
4.4 The non-use of the hotel’s services (no-show) occurs if the rented hotel room is not occupied by 06:00 a.m. on the day following the contractually agreed arrival day at the latest.
5 Withdrawal of the hotel
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract on its part during this period if requests from other customers for the contractually booked rooms are available and the customer does not waive his right to withdraw upon request from the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or requested in accordance with clauses 3.6 and/or 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if – Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; – Rooms or spaces are culpably booked under misleading or false information or concealment of material facts; the identity of the customer, the ability to pay or the purpose of the stay may be essential; – The hotel has reasonable cause to believe that the use of the service may endanger the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization; – The purpose or the occasion of the stay is illegal; – There is a violation of the above-mentioned clause 1.2.
5.4 The justified withdrawal of the hotel does not constitute a claim for damages by the customer.
6 Room provision, handover and return
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no claim to earlier provision.
6.3 On the agreed departure day, the rooms must be made available to the hotel vacated by 11:00 a.m. at the latest. After that, the hotel can charge €15.00 for the use of the room beyond the contract period until 1:30 p.m. due to the delayed evacuation of the room (late departure), from 1:30 p.m. 100% of the full accommodation price (list price). Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a significantly lower claim to compensation for use.
7 Liability of the hotel
7.1 The hotel is liable for damages for which it is responsible resulting from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual duties of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this section 7. Should disruptions or defects occur in the services of the hotel, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable for him to remedy the disruption and keep possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate safekeeping agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above section 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the greatest care. Messages, mail and goods shipments 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. The hotel is only liable in accordance with the above section 7.1, sentences 1 to 4.
8 Final provisions
8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for check and bill disputes – is the registered office of the hotel in commercial transactions. If a contracting party meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
8.3 German law applies. The application of the UN Sales Convention and conflict of laws is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.