I. Scope of Application

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as to all further services and supplies provided by the hotel to the customer.
Subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) is waived insofar as the customer is not a consumer.
The customer’s own terms and conditions apply only if this has been expressly agreed in writing beforehand.

II. Conclusion of the Contract, Contractual Parties, Statute of Limitations

The contract comes into effect when the hotel accepts the customer’s application. The hotel is at liberty to confirm the room booking in writing.
The contractual parties are the hotel and the customer. If a third party has made the booking on behalf of the customer, that third party is liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
As a rule, all claims against the hotel become time-barred one year from the start of the knowledge-dependent standard limitation period of § 199 para. 1 BGB. Claims for damages become time-barred after five years, irrespective of knowledge. These reductions of the limitation period do not apply to claims based on an intentional or grossly negligent breach of obligation by the hotel.

III. Services, Prices, Payment, Set-Off

The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the hotel’s applicable or agreed prices for the room provided and for the further services used by the customer. This also applies to services arranged by the customer and expenses paid by the hotel to third parties.
The agreed prices include the applicable statutory VAT.
Hotel invoices without a due date are payable within 10 days of receipt of the invoice, without deduction. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest, currently 8%, or, for legal transactions involving a consumer, 5% above the base rate. The hotel reserves the right to prove higher damages.
The hotel is entitled, upon conclusion of the contract or thereafter, and taking into account the legal provisions for package holidays, to require an appropriate advance payment or security deposit. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
The customer may only set off or reduce a claim of the hotel against an undisputed or legally established claim.

IV. Withdrawal of the Customer / Non-Use of the Hotel’s Services

Withdrawal by the customer is only possible if this has been expressly agreed with the hotel in writing. The same applies where a statutory right of withdrawal exists.
If a date for free-of-charge withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering payment or damages claims by the hotel. The customer’s right of withdrawal expires if it is not exercised in writing towards the hotel by the agreed date.

If the customer does not arrive and no right of withdrawal was agreed or exercised in time, the hotel is at liberty to demand the contractually agreed remuneration and to apply a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast.

For rooms not used by the customer, the hotel must credit the income from renting the rooms to other parties.
The customer is free to prove that the above-mentioned claim did not arise, or did not arise in the amount demanded.

V. Withdrawal of the Hotel

If a free-of-charge right of withdrawal for the customer within a certain period has been agreed in writing, the hotel is entitled, during this period, to withdraw from the contract itself if there are enquiries from other customers for the contractually booked rooms and the customer, upon enquiry by the hotel, does not waive their right of withdrawal.
If an advance payment agreed or demanded in accordance with Clause III No. 5 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is likewise entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if

force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible;
rooms are booked on the basis of misleading or false statements of material facts, e.g. regarding the identity of the customer or the purpose of the stay;
the hotel has justified cause to believe that use of the hotel’s services could jeopardise the smooth operation of the business, the safety or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation;
there is a breach of Clause I No. 2 above.

In the event of justified withdrawal by the hotel, the customer has no claim to damages.

VI. Provision, Handover and Return of Rooms

The customer acquires no claim to the provision of specific rooms.
Booked rooms are available to the customer from 2 p.m. on the agreed day of arrival. The customer has no claim to earlier availability.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10 a.m. at the latest. Thereafter, on account of the late vacating of the room, the hotel may charge 50% of the full accommodation rate (list price) for its use beyond the contract until 6 p.m., and 100% from 6 p.m. onwards. This does not establish any contractual claims for the customer. The customer is free to prove that the hotel has no claim to a usage fee, or a substantially lower one.

VII. Liability of the Hotel

The hotel is liable for its contractual obligations with the diligence of a prudent businessperson. Claims for damages by the customer are excluded. Exempt from this are damages arising from injury to life, body or health where the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional or negligent breach of obligations typical of the contract. A breach of duty by a legal representative or vicarious agent is equivalent to a breach by the hotel itself. Should disruptions or defects in the hotel’s services occur, the hotel will endeavour to remedy them upon becoming aware of them or upon prompt complaint by the customer. The customer is obliged to make reasonable efforts to help remedy the disruption and keep any possible damage to a minimum.
For items brought in by the customer, the hotel is liable to the customer in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of €3,500, and for money, securities and valuables up to €800. Liability claims expire unless the customer notifies the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). This does not apply if the items were taken into safekeeping by the hotel or if the loss, destruction or damage was caused by hotel employees.
If the customer is provided with a parking space in the hotel garage or in a hotel car park, including for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel premises, or their contents, except in cases of intent or gross negligence. Sentences 2 to 4 of No. 1 above apply accordingly.
Wake-up calls are carried out by the hotel with the greatest of care. Messages, post and deliveries for guests are handled with care. The hotel will deliver, hold and – on request and for a fee – forward them. Sentences 2 to 4 of No. 1 above apply accordingly.

VIII. Final Provisions

Changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
The place of performance and payment is the registered office of the hotel.
The exclusive place of jurisdiction – also for cheque and bill-of-exchange disputes – in commercial transactions is the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and of conflict-of-law rules is excluded.
Should individual provisions of these general terms and conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.