1 Scope
1.1 These Terms and Conditions apply to contracts for the letting of hotel rooms for accommodation, as well as to all other services and supplies provided by the hotel to the customer in this context (hotel accommodation contract). The term ‘hotel accommodation contract’ encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract and 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 hotel’s prior consent in writing; in this regard, the second sentence of paragraph 1 of Section 540 of the German Civil Code (BGB) is excluded, provided that the customer is not a consumer.
1.3 The Customer’s general terms and conditions shall apply only if this has been expressly agreed in advance.
2 Conclusion of the contract, contracting parties, limitation period
2.1 The contracting parties are the hotel and the customer. The contract is concluded upon the hotel’s acceptance of the customer’s booking request. The hotel is free to confirm the room booking in writing.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages or other claims, provided that the latter are based on a breach of duty by the hotel committed with intent or through gross negligence.
3 Services, Prices, Payment, Set-off
3.1 The hotel is obliged to make the rooms booked by the guest available and to provide the agreed services.
3.2 The guest is obliged to pay the hotel’s agreed or applicable rates for the provision of the rooms and any other services used by the guest. This also applies to services commissioned by the guest directly or via the hotel, which are provided by third parties and paid for in advance by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local charges which, under the relevant local authority legislation, are payable by the guest themselves, such as visitor’s tax. In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local charges on the subject matter of the contract after the contract has been concluded, the prices shall be adjusted accordingly. In the case of contracts with consumers, this applies only if the period between the conclusion of the contract and its performance exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction, requested by the customer, in the number of rooms booked, the hotel’s services or the length of the customer’s stay conditional upon an increase in the price of the rooms and/or the hotel’s other services.
3.5 Hotel invoices without a due date are payable in full within ten days of receipt. The hotel may at any time require the guest to make immediate payment of any outstanding amounts. In the event of late payment by the guest, the statutory provisions shall apply. The hotel reserves the right to prove that it has suffered greater losses.
3.6 The hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in writing in the contract. The statutory provisions remain unaffected in the case of advance payments or security deposits for package holidays. In the event of late payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, such as the customer being in arrears with payment or an extension of the scope of the contract, the hotel is entitled, even after the contract has been concluded and up to the start of the stay, to demand an advance payment or security deposit as defined in clause 3.6 above, or to increase the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 The hotel is also entitled, at the start of and during the guest’s stay, to require the guest to make a reasonable advance payment or provide security, as defined in clause 3.6 above, to cover existing and future claims arising from the contract, insofar as such payment or security has not already been provided in accordance with clause 3.6 and/or clause 3.7 above.
3.9 The customer may only set off or offset a claim against a claim by the hotel if that claim is undisputed or has become final and binding.
4 Cancellation by the customer (withdrawal, cancellation)/Failure to make use of the hotel’s services (no-show)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if there is another statutory right of withdrawal, or if the hotel expressly consents to the termination of the contract. Any agreement on a right of withdrawal, as well as any consent to the termination of the contract, must be made in writing.
4.2 Where a deadline for withdrawing from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract by that date without giving rise to any claims for payment or compensation on the part of the hotel. The customer’s right of withdrawal lapses if they do not exercise their right to withdraw from the contract vis-à-vis the hotel by the agreed deadline.
4.3 If no right of withdrawal has been agreed or has already lapsed, and there is no statutory right of withdrawal or termination, and the hotel does not consent to the termination of the contract, the hotel retains the right to the agreed remuneration despite the service not having been used. The hotel must take into account the income from letting the rooms to other parties, as well as the expenses saved. If the rooms are not let to other parties, the hotel may apply a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay at least 90 per cent of the contractually agreed price for accommodation, with or without breakfast, as well as for package deals including third-party services, 70 per cent for half-board arrangements and 60 per cent for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise in the amount claimed.
5 Cancellation by the hotel
5.1 Where it has been agreed that the customer may withdraw from the contract free of charge within a specified period, the hotel is, for its part, entitled to withdraw from the contract during that period if it receives enquiries from other customers regarding the rooms booked under the contract and the customer, upon being asked by the hotel and being given a reasonable period of notice, does not waive their right to withdraw.
5.2 If an advance payment or security deposit agreed or required 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 shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to terminate the contract without notice for objectively justified reasons, in particular if
– Force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract impossible;
– Rooms or accommodation are booked through the provision of misleading or false information, or by concealing material facts; such material facts may include the guest’s identity, financial standing or the purpose of their stay;
– the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the safety or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organisational remit;
– the purpose or reason for the stay is unlawful;
– there has been a breach of clause 1.2 above.
5.4 The hotel’s justified cancellation does not entitle the customer to claim damages.
6. Room allocation, handover and return
6.1 The customer shall have no entitlement to the provision of specific rooms, unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer is not entitled to earlier access.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50 per cent of the full accommodation rate (list price) for its use beyond the terms of the contract until 18.00, and 90 per cent from 18.00 onwards. This does not give rise to any contractual claims on the part of the guest. He is free to prove that the hotel has incurred no claim for a usage fee, or a claim for a significantly lower amount.
7. The hotel’s liability
7.1 The hotel shall be liable for damage resulting from loss of life, personal injury or damage to health for which it is responsible. Furthermore, it shall be liable for any other damage arising from an intentional or grossly negligent breach of duty on the part of the hotel, or from an intentional or negligent breach of the hotel’s obligations typical of the contract. A breach of duty by the hotel shall be deemed equivalent to a breach of duty by a legal representative or vicarious agent. Unless otherwise provided for in this clause 7, any further claims for damages are excluded. Should any disruptions or shortcomings arise in the hotel’s services, the hotel shall endeavour to remedy the situation as soon as it becomes aware of them or upon immediate notification by the guest. The guest is obliged to do what is reasonably expected of them to help resolve the disruption and minimise any potential damage.
7.2 The hotel is liable to the guest for items left on the premises in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. Should the guest wish to bring in cash, securities and valuables worth more than 800 euros, or other items worth more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 Where a parking space is made available to the guest in the hotel garage or in the hotel car park, whether for a fee or not, this does not constitute a contract of safekeeping. In the event of loss or damage to motor vehicles parked or manoeuvred on the hotel premises, and to their contents, the hotel shall only be liable in accordance with the provisions of clause 7.1 above, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, post and parcels for guests are handled with care. The hotel undertakes to deliver, store and – upon request – forward such items for a fee. The hotel’s liability in this regard is limited to the provisions of clause 7.1, sentences 1 to 4, above.
8 Final Provisions
8.1 Any amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions must be made in writing. Unilateral amendments or additions made by the customer shall be invalid.
8.2 The place of performance and payment, as well as the exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange – in commercial transactions is Wingerode. Provided that a contracting party 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 37327 Wingerode.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the law on conflicts of law is excluded.
8.4 Should any 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 shall apply.