GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for the purpose of
accommodation and all other services provided to the customer in this connection and
Deliveries by the hotel (hotel accommodation contract). The term „hotel accommodation contract“ includes and replaces
the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 para.
1 sentence 2 BGB is waived insofar as the customer is not a consumer within the meaning of § 13 BGB.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance in
text form has been agreed.
2.1 The contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the
customer by the hotel. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the charges for the room rental and the services used by him.
other services agreed or applicable prices of the hotel. This also applies to
Services commissioned directly by the customer or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax.
In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion of the contract
and fulfillment of the contract exceeds four months.
3.4 The hotel may withhold its consent to a subsequent reduction in the price requested by the customer.
Number of rooms booked, the hotel's service or the customer's length of stay thereof
that the price for the rooms and/or for the other services of the hotel may change.
increased appropriately.
3.5 Hotel invoices are due for payment immediately upon receipt without deduction. If payment was made on
invoice has been agreed, payment must be made - unless otherwise agreed - within
ten days from receipt of the invoice without deduction.
3.6 The hotel is entitled to demand 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 in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
If the customer is in default of payment, the statutory provisions shall apply.
3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration. 3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above Section 3.6 for existing and future claims arising from the contract, insofar as such has not already been made in accordance with the above Section 3.6 and/or Section 3.7. 3.9 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel. 3.10 The customer agrees that the invoice may be sent to him electronically.
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 a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. 4.2 If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. 4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a termination of the contract, the hotel retains the claim to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. This shall apply accordingly if an option is granted, if other inquiries are received and the customer is not prepared to make a firm booking when asked by the hotel within a reasonable period of time. 5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract. 5.3 Furthermore, the hotel is entitled to extraordinary withdrawal from the contract for objectively justified reasons, in particular if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; - rooms or rooms are culpably booked with misleading or false information or concealment of material facts; the identity of the customer, solvency or the purpose of the stay may be material; the hotel has reasonable grounds to believe that the use of the service is contrary to the contract.
smooth business operations, safety or the reputation of the hotel in the public eye
without this being attributable to the hotel's sphere of control or organization;
- the purpose or reason for the stay is unlawful;
- there is a breach of section 1.2 above.
5.4 The justified withdrawal of the hotel does not entitle the customer to claim damages.
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The
Customer is not entitled to earlier provision.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After this time, the hotel may charge for the delayed vacating of the room.
charge 50% of the full accommodation price (price according to price list) until 18:00, from 18:00 90%. Contractual claims of the customer are thereby
is not justified. The customer is at liberty to prove that the hotel did not incur any or a significantly lower
entitlement to compensation for use has arisen.
7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health.
of health. Furthermore, it shall be liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duty by the hotel.
typical contractual obligations of the hotel. Typical contractual obligations are those obligations which
enable the proper execution of the contract in the first place and on the fulfillment of which the customer
trusts and may trust. A breach of duty by the hotel is equivalent to that of a legal representative.
or vicarious agents. Further claims for damages are excluded, insofar as this clause 7
otherwise agreed, are excluded. Should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer.
to provide a remedy. The customer is obliged to do what can reasonably be expected of him to remedy the fault and minimize any possible damage.
7.2 The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. The
Hotel recommends the use of the hotel or room safe. If the customer has money, securities and
Valuables with a value of more than 800 euros or other items with a value of more than
3,500 euros, this requires a separate safekeeping agreement with the
Hotel.
7.3 Insofar as the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even for a fee,
is made available, this does not constitute a safekeeping contract. In the event of loss
or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care.
Messages for customers are handled with care. The hotel can, by prior arrangement
with the customer for the acceptance, storage and - on request - for a fee, the forwarding of
post and consignments of goods. The hotel shall only be liable in accordance with the above
Section 7.1, sentences 1 to 4 FINAL PROVISIONS
8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.
8.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction - also for check and bill of exchange disputes - in commercial transactions is ... [Please enter location, optionally the location of the hotel or
registered office of the operating company of the hotel]. If the customer fulfills the requirements of § 38 paragraph 2 ZPO
and has no general place of jurisdiction in Germany, the place of jurisdiction shall be ... [Please enter place,
either the location of the hotel or the registered office of the company operating the hotel].
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4 In accordance with the legal obligation, the hotel points out that the European Union
has set up an online platform for the out-of-court settlement of consumer disputes („ODR platform“): http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
Or optionally insert:
The hotel undertakes to participate. Further information on the ODR platform, see Art. 14 para. 2
ODR Regulation.
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