1. Scope of Application
2. Conclusion of contract, contracting party, statute of limitations
3. 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 hotel’s agreed or applicable prices for the provision of the rooms and for any additional services utilized. This also applies to services commissioned by the customer—either directly or through the hotel—that are provided by third parties and paid for in advance by the hotel.
The agreed prices include the taxes and local levies applicable at the time the contract is concluded. They do not include local levies owed by the guest personally under applicable local law, such as visitor’s tax. In the event of a change in statutory VAT or the introduction, modification, or abolition of local levies regarding the services provided after the contract is concluded, the prices shall be adjusted accordingly. For contracts with consumers, this applies only if the period between the conclusion of the contract and the performance of the contract exceeds four months.
The hotel may make its consent to a customer’s request to subsequently reduce the number of booked rooms, the scope of hotel services, or the duration of the stay conditional upon a reasonable increase in the price for the rooms and/or other hotel services.
Hotel invoices are due for payment immediately upon receipt, without deduction. If payment on invoice has been agreed upon, payment must be made—unless otherwise agreed—within ten days of receipt of the invoice, without deduction.
The hotel is entitled to require 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 may be agreed upon in the contract in text form. Statutory provisions regarding advance payments or security deposits for package tours remain unaffected. Statutory regulations apply in the event of the customer’s default on payment.
In justified cases—such as the customer being in arrears with payment or an expansion of the scope of the contract—the hotel is entitled, even after the contract has been concluded and up until the start of the stay, to demand an advance payment or security deposit as defined in Section 3.6 above, or an increase in the contractually agreed advance payment or security deposit up to the full agreed remuneration.
Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the start of and during the stay—as defined in Section 3.6 above—to cover existing and future claims arising from the contract, provided such payment or deposit has not already been made in accordance with Sections 6 and/or 7 above.
The customer may only offset a claim against a claim of the hotel if the customer's claim is undisputed or has been established by a final, non-appealable court judgment.
The customer agrees that the invoice may be transmitted electronically.
4. Customer Withdrawal (Cancellation) / Non-use of Hotel Services (No-Show)
The customer may withdraw from the contract concluded with the hotel only if a right of withdrawal has been expressly agreed upon in the contract, if a statutory right of withdrawal exists, or if the hotel expressly consents to the cancellation of the contract.
If a deadline for withdrawing from the contract without charge has been agreed upon between the hotel and the customer, the customer may withdraw from the contract by that date without triggering any claims for payment or damages on the part of the hotel.
If no right of withdrawal has been agreed upon or such right has already expired, and if there is no statutory right of withdrawal or termination and the hotel does not consent to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite the service not being utilized.
5. Cancellation by the hotel
If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is likewise entitled to withdraw from the contract during this period if inquiries from other customers regarding the contractually booked rooms are received and the customer, upon inquiry by the hotel and the setting of a reasonable deadline, fails to waive their right of withdrawal. The same applies to the granting of an option if other inquiries are received and the customer, upon inquiry by the hotel and the setting of a reasonable deadline, is not prepared to make a firm booking.
If an advance payment or security deposit agreed upon or requested in accordance with Clause 3.6 and/or Clause 3.7 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is likewise entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract for good cause, particularly if:
- force majeure or other circumstances beyond the hotel’s control make performance of the contract impossible
- rooms or premises are booked culpably based on misleading or false information or by concealing material facts; material facts may include the customer’s identity, solvency, or the purpose of the stay
- the hotel has reasonable grounds to believe that the use of the services could jeopardize the smooth operation, safety, or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization
- the purpose or occasion of the stay is unlawful
- a violation of the aforementioned Clause 1.2 occurs.
A justified withdrawal by the hotel does not give rise to any claim for damages on the part of the customer.
6. Room preparation, handover and return
The customer does not acquire a right to the provision of specific rooms unless expressly agreed in writing.
Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.
On the agreed day of departure, rooms must be vacated and made available to the hotel no later than 12:00 noon. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation rate (price according to the price list) for use beyond the contractual period up to 6:00 p.m., and 90% from 6:00 p.m. onwards. This does not give rise to any contractual claims on the part of the customer. The customer is entitled to prove that the hotel incurred no claim for a usage fee or a significantly lower claim.
7. Hotel Liability
The hotel is liable for damages resulting from injury to life, body, or health for which it is responsible. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel, or on an intentional or negligent breach of obligations typical of the contract. Obligations typical of the contract are those that enable the proper performance of the contract and on the fulfillment of which the customer relies and is entitled to rely. A breach of duty by the hotel is deemed equivalent to a breach of duty by a legal representative or vicarious agent. Any further claims for damages are excluded, unless otherwise stipulated in this Section 7. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to provide a remedy upon becoming aware of them or upon receiving an immediate complaint from the customer. The customer is obliged to contribute whatever is reasonable to rectify the disruption and to minimize any potential damage.
The hotel is liable to the customer for items brought onto the premises in accordance with statutory provisions. The hotel recommends the use of the hotel safe or the in-room safe. If the customer wishes to bring in cash, securities, or valuables worth more than 800 euros, or other items worth more than 3,500 euros, a separate safekeeping agreement with the hotel is required.
If a parking space in the hotel garage or on the hotel parking lot is made available to the customer—even for a fee—this does not constitute a contract of safe custody. In the event of the loss of or damage to motor vehicles (or their contents) parked or maneuvered on the hotel premises, the hotel is liable only in accordance with Section 7.1, sentences 1 to 4, above.
Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are handled with care. Subject to prior agreement with the customer, the hotel may undertake the receipt, storage, and—upon request and for a fee—forwarding of mail and shipments of goods. In doing so, the hotel shall be liable only in accordance with the provisions of Section 7.1 above, sentences 1 to 4.
5. Final Provisions
Amendments and supplements to the contract, the acceptance of the application, or these General Terms and Conditions must be made in text form. Unilateral amendments or supplements are invalid.
In commercial transactions, the place of performance and payment as well as the exclusive place of jurisdiction—including for disputes involving cheques and bills of exchange—shall be the location of the hotel. If the customer meets the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be the location of the hotel.
German law applies. The application of the UN Sales Convention (CISG) is excluded.
In accordance with statutory obligations, the hotel points out that the European Union has established an online platform for the out-of-court resolution of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/. However, the hotel does not participate in dispute resolution proceedings before consumer arbitration bodies.