I. Scope of application

1. These terms and conditions apply to contracts for the rental of rooms for accommodation and conference rooms, as well as all other services and deliveries provided by the hotel (hereinafter referred to as the hotel) to the customer.

2. The 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 (1) sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer.

3. The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II. Conclusion of contract, contractual partners, statute of limitations

1. The contract is concluded upon acceptance of the customer's request by the hotel. The hotel is free to confirm the room reservation in writing.

2. The contracting parties are the hotel and the customer. If a third party has made the reservation on behalf of the customer, they shall be jointly and severally liable with the customer to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

3. All claims against the hotel shall become time-barred one year after the start of the regular limitation period of § 199 I BGB (German Civil Code), which is dependent on knowledge. Claims for damages shall become time-barred after five years, regardless of knowledge. The shortened limitation periods shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, prices, payment, offsetting

1. The hotel is obligated to keep the rooms/conference rooms booked by the customer available and to provide the agreed services.

2. The customer is obligated to pay the hotel's applicable or agreed prices for the provision of rooms/conference rooms and any other services used by him. This also applies to services and expenses incurred by the hotel to third parties at the customer's request.

3. The agreed prices include the applicable statutory value-added tax. If the period between conclusion of the contract and fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 5%.

4. Prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel services, or the length of stay of the guests, and the hotel agrees to these changes.

5. Hotel invoices with a due date are payable within 10 days of receipt of the invoice without deduction and plus any bank charges. The hotel is entitled to demand payment of accrued claims at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge reminder fees or standard bank current account interest. The hotel reserves the right to prove higher damages.

6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

7. The organizer/customer is liable for the payment of any additional services of any kind ordered by the event participants from the hotel.

8. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

IV. Withdrawal by the customer (cancellation, annulment)/Non-use of the hotel's services (no show)

1. The customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests, and interests of the customer, if the customer can no longer be reasonably expected to adhere to the contract as a result, or if the customer is entitled to any other statutory or contractual right of withdrawal.

2. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until that date without triggering any payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless there is a case of withdrawal in accordance with Clause IV. Section 1 Sentence 3 Withdrawal by the customer.

3. When registering multiple persons, especially groups, the list of participants should be made available to the hotel 21 days prior to arrival in the interests of all parties.

4. If the content of the reservation confirmation differs from the content of the registration, the differing content of the confirmation shall become binding for both parties if the customer does not object within 10 days.

5. The following cancellation fees apply to changes or cancellations of reserved rooms or other hotel services:
Free of charge up to 3 days before the date, thereafter 80% of the agreed price of all booked services.

V. Withdrawal by the hotel

1. If a right of withdrawal for the customer within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms/conference rooms and events and the customer does not waive their right upon inquiry by the hotel.

2. If an agreed advance payment or an advance payment requested in accordance with III, section 6 above is not made, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract. Rooms may be booked under misleading or false statements of material facts, e.g., regarding the identity of the customer or the purpose of the stay, or if the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardize the smooth running of the business, the safety, or the public image of the hotel, without this being attributable to the hotel's sphere of control or organization, there is a violation of section I. 2 above.

4. In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.

VI. Provision, handover, and return of rooms/conference rooms

1. The customer does not acquire any right to the provision of specific rooms.

2. Reserved conference rooms are only available to the customer at the time agreed in writing. Any use of the rooms beyond the agreed period requires prior consultation with the hotel. Reserved hotel rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer has no right to earlier availability.

3. On the agreed departure date, the rooms must be vacated and the keys returned to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6:00 p.m., and 100% after 6:00 p.m., in addition to any damage incurred. The customer is free to prove to the hotel that no damage or significantly less damage has been incurred.

VII. Liability of the hotel

1. The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims for damages by the customer are excluded. This does not apply to damages resulting from injury to life, limb, or health, if the hotel is responsible for the breach of duty, and other damages based on an intentional or grossly negligent breach of duty by the hotel. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruptions and minimize any possible damage.

2. The hotel is liable to the customer for items brought onto the premises in accordance with the statutory provisions, i.e. up to one hundred times the room price, up to a maximum of EUR 3,500.00, and for money, securities, and valuables up to EUR 800.00. Liability claims shall lapse if the customer does not immediately notify the hotel of any loss, destruction, or damage after becoming aware of it (§ 703 BGB). For further liability on the part of the hotel, the above clause 1, sentences 2 to 4 shall apply accordingly.

3. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to parked vehicles and their contents on the hotel premises, except in cases of intent or gross negligence. This also applies to the hotel's vicarious agents. The above clause 1, sentences 2-4, applies accordingly.

4. Wake-up calls will be carried out by the hotel with the utmost care. Messages, mail, and goods deliveries for guests will be handled with care. The hotel will take care of the delivery, storage, and—upon request—forwarding of these items for a fee. The above clause 1, sentences 2 to 4, applies accordingly.

VIII. Final provisions

1. Amendments or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation must be made in writing. Unilateral amendments or additions by the customer are invalid.

2. The place of performance and payment is the registered office of the hotel.

3. The exclusive place of jurisdiction for commercial transactions—including disputes relating to checks and bills of exchange—is the registered office of the hotel. If a contractual partner meets the requirements of Section 38 (1) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.

5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or incorrect, this shall not affect the validity of the other provisions. In all other respects, the statutory provisions shall apply.

Last updated: May 2023