These terms & conditions are valid for the temporary lease of hotel rooms for accommodation, as well as all further services and goods provided for the customer by the hotel.
The subletting of rooms as well as their use for other purposes apart from accommodation is only possible with prior written consent of the hotel.
The customer's own terms & conditions only apply when this is agreed in advance.
The contract is concluded when the hotel accepts the customer's request. The hotel may confirm the room booking in writing at its own discretion.
The contractual partners are the hotel and the customer. If a third party has made a booking for the customer, the customer and the third party are jointly responsible for all obligations arising from the hotel accommodation contract, as long as the hotel has a corresponding statement from the third party.
If the hotel provides work and services as stipulated in the contract, or concludes a contract regarding the delivery of newly produced items, claims due to defects are subject to a limitation period of one year after the legal start of this limitation. All other claims from the customer are subject to a limitation period of 6 months. This does not apply in the case of liability of the hotel for damages caused by injury to life, body or health, or liability for other damages due to intentional gross negligence on the part of the hotel, its legal representatives or hotel employees; in these cases the legal limitation period applies.
Services, Prices, Payment, Summation
The hotel is obliged to keep the rooms booked by the customer available and to carry out all agreed services.
The customer is obliged to pay the agreed or applicable price for the hotel rooms, as well as for any additional services used. This also applies to the hotel's services and charges to third parties which are caused by the customer.
The agreed price is including the statutory value added tax (VAT).
If more than four months separate the agreement and fulfilment of the contract, and the hotel increases the general price of these services, the contractually agreed price may be raised by the hotel, by a maximum of 10%.
Furthermore, the prices may be changed by the hotel if the customer would like to make changes to the number of reserved rooms, the hotel services or the duration of their stay at a later date, and if the hotel agrees to such changes.
Bills from the hotel which do not state a due date are payable in full within 10 days of receipt. The hotel is entitled to demand immediate payment of any accumulated claims at any time. When payment is delayed, the hotel is entitled to charge interest, in accordance with § 288 BGB (Civil Code); entitlement to claim higher damages shall remain unaffected.
The hotel is entitled to demand a reasonable payment in advance or deposit, while taking into account the legal regulations for package tours. The amount of this advanced payment and the payment deadline can be agreed in writing in the contract.
Only with, or because of, a disputed or legally binding claim, the customer can make or amend a claim against the hotel, or validate a right of retention.
Customer Cancellations
Cancellation of the contract agreed with the hotel requires written approval by the hotel. If this is not provided, the agreed price is still to be paid, even if the customer does not use the services agreed in the contract.
This does not apply if services by the hotel are delayed or cancelled where the hotel is at fault.
If a deadline for cancellation has been agreed in writing in the contract by the hotel and the customer, the customer can cancel the contract up to this deadline, without the hotel being able to claim compensation or payment. The customer's cancellation right expires if they do not notify the hotel of this cancellation in writing before the agreed deadline, unless services by the hotel are delayed or cancelled where the hotel is at fault.
If the customer does not use rooms which they had reserved, the hotel must credit the customer for income received from renting the room to another party as well as for expenses that the hotel has saved.
The hotel is entitled to charge the customer a flat-rate compensation fee for damages incurred. The customer is then obliged to pay 95% of the contractually agreed price for accommodation with or without breakfast, 70% of the price for half board bookings and 60% of the price for full board bookings.
The customer is entitled to prove that no damages are incurred, or that the damages incurred by the hotel are lower than those demanded by the hotel.
Cancellation by the Hotel
If the right of cancellation by the customer within a certain time period is agreed in writing, the hotel is also entitled to withdraw from this contract in this time period, if there are enquiries from other customers regarding the reserved room(s), and if the customer does not waive their right to cancel when asked by the hotel.
If the agreed advanced payment is not paid by the customer, even after an appropriate grace period, the hotel is entitled to cancel the contract.
Furthermore, the hotel is entitled to withdraw from the contract for justified reasons, for example:
force majeure or other circumstances out of the control of the hotel, which make it not possible to fulfil the contract;
rooms which are booked using misleading or incorrect facts, e.g. the name of the customer or the use of the room;
the hotel has justified reason to believe that the demands of the hotel services could threaten the smooth running of the business, the safety or reputation of the hotel in public, which is out of the control of the hotel;
clause (2) of "Area of Validity" is violated.
The hotel must inform of the cancellation immediately and reimburse any fees already paid.
The customer or organiser has no right to compensation from the hotel, except in the case of intentional or gross negligence by the hotel, its legal representatives or hotel employees.
Room Availability, Handover and Return
The customer has no right to demand a specific room.
Booked rooms will be available to the customer from 15:00 on the agreed arrival date. The customer has no right to earlier availability of the room.
On the agreed departure date the room must be vacated by 12:00 at the latest. After this time, the hotel is entitled to charge 50% of the full room price (list price) for use of the room until 18:00, and 100% of the room price after 18:00, for the damages arising. The customer is entitled to prove that no or lower damages arose as a result.
Liability of the Hotel
As long as it is not regarding fundamental contractual obligations, the hotel's liability is limited to damages caused by intent or gross negligence which can be ascribed to the hotel, its legal representatives or hotel employees; this is not valid in the case of liability for damage caused by injury to life, body or health. If disturbances or shortcomings in the services of the hotel arise, the hotel will make efforts to ensure an immediate remedy for the situation, after finding out about the problem or after being informed by the customer. The customer is obliged to offer reasonable assistance in solving the problem and to minimise possible damage,
The hotel is liable, according to legal regulations, for items brought to the hotel by customers up to a value of one hundred times the room rate, maximum EUR 3,500 as well as for money and valuables up to EUR 800. Money and valuables up to the value of EUR 5,000 can be stored in the hotel or room safe; in this case the maximum liability listed above does not apply. The hotel recommends that its guests use this facility.
All liability claims are forfeited if the customer does not inform the hotel immediately after discovering the loss, damage or destruction (§ 703 Civil Code)
Unlimited liability of the hotel is controlled by the legal regulations.
As long as a parking space in the hotel garage or in the hotel car park is provided, including those for a fee, a contract of deposit is not concluded. If loss or damage occurs to a vehicle parked or being moved within the hotel's grounds, the hotel is not liable for this loss of the vehicle's contents, except in the case of intent or gross negligence. This also applies to employees of the hotel.
Wake-up calls will be carried out with due care by the hotel. Claims for damages, except in the case of intent or gross negligence, are precluded.
Messages, postal and goods deliveries for guests are dealt with carefully. The hotel will take care of the delivery, storage and - on request and for a fee - forwarding. Claims for damages, except in the case of intent or gross negligence, are precluded.
Final Clauses
Changes or additions to the contract, the acceptance proposal or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions made by the customer are not valid.
Location of fulfilment of the contract and payment is the hotel.
The exclusive place of jurisdiction - including disputes over bills and cheques – is the location of the hotel for commercial traffic. As long as the contractual partner fulfils all requirements of § 38 Para 1 ZPO (Code of Civil Procedure) and no place of jurisdiction in the country, the place of jurisdiction of the hotel has jurisdiction.
The laws of the Federal Republic of Germany apply.
If individual clauses of these terms and conditions become invalid or void, the validity of the remaining clauses is unaffected. The statutory provisions apply.