General Terms and Conditions Hotel Accommodation Contract
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the hotel’s prior consent in text form, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer.
The customer’s general terms and conditions only apply if this has been expressly agreed upon in writing beforehand.
Conclusion of contract, partner, statute of limitations
The contract is concluded when the hotel accepts the customer’s application.
The hotel is free to confirm the room booking in text form.
The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he or she is jointly and severally liable to the hotel together with the customer for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
All claims against the hotel generally expire one year from the start of the statutory limitation period. Claims for damages expire after five years, regardless of knowledge, unless they are based on an injury to life, body, health or freedom. These claims for damages expire in ten years, regardless of knowledge. The shortened statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
Services, prices, payment, offsetting
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 agreed or applicable hotel prices for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory sales tax.
The hotel can make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the customer’s length of stay requested by the customer dependent on an increase in the price for the rooms and/or for the hotel’s other services.
Hotel invoices without a due date are payable without deductions within 10 days of receipt of the invoice. The hotel can demand immediate payment of outstanding claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to prove greater damage.
The hotel is entitled to demand an appropriate advance payment or security in the form of a credit card guarantee, a deposit or similar from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the legal provisions remain unaffected.
In justified cases, e.g. the customer is in arrears in payment or an extension of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of No. 5 above, even after the contract has been concluded, up to the start of the stay, or to increase the advance payment or security deposit agreed in the contract up to the full amount agreed to demand remuneration.
The hotel is also entitled, at the beginning and during the stay, to demand an appropriate advance payment or security deposit from the customer within the meaning of No. 5 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Nos. 5 and/or 6 above was accomplished.
The customer can only offset or set off an undisputed or legally binding claim against a claim of the hotel.
Withdrawal of the customer (cancellation of order, cancellation) / non-use of the hotel’s services (no show)
A withdrawal by the customer from the contract concluded with the hotel requires the hotel’s consent in text form. If this does not occur, the agreed price from the contract must be paid even if the customer does not use the contractual services.
If a date for free withdrawal from the contract has been agreed between the hotel and the customer in text form, the customer can withdraw from the contract until then without triggering claims for payment or damages from the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the hotel in text form by the agreed date.
In the case of rooms not used by the customer, the hotel must credit the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented elsewhere, the hotel can demand the contractually agreed remuneration and make a flat rate deduction for the hotel’s saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half board and 60% for full board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise to the required amount.
Cancellation of the hotel
If it has been contractually 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 about the contractually booked rooms and the customer responds to the hotel’s request Right to withdraw is not waived.
If an agreed advance payment or security deposit requested in accordance with Section III Numbers 5 and/or 6 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.
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 fulfillment of the contract impossible;
Rooms or rooms are culpably booked with misleading or false information about essential contractual facts, e.g. about the customer or the purpose of his stay;
the hotel has reasonable grounds to believe that the use of the hotel service may endanger the smooth business operations, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of the hotel;
the purpose or reason for the stay is unlawful;
there is a violation of the above-mentioned number I no. 2.
If the hotel withdraws with justification, the customer has no right to compensation.
Room preparation, handover and return
The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing.
Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier availability.
On the agreed departure day, the rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract until 6:00 p.m., and 100% from 6:00 p.m. This does not constitute the customer’s contractual claims. He is free to prove that the hotel has no or a significantly lower claim to usage fees.
Bring food and drinks
The customer is generally not allowed to bring food and drinks to events. Exceptions require an agreement with the hotel in text form. In these cases, a contribution will be charged to cover overhead costs.
Technical facilities and connections
If the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it acts in the name, with authority and on behalf of the customer. The customer is liable for careful treatment and proper return. He releases the hotel from all third-party claims arising from the provision of these facilities.
The use of the customer’s own electrical systems using the hotel’s power network requires the customer’s consent in writing. Any malfunctions or damage to the hotel’s technical systems caused by the use of these devices will be borne by the customer, unless the hotel is responsible for this. The hotel may record and charge a flat rate for the electricity costs arising from use.
With the hotel’s consent, the customer is entitled to use their own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.
If the hotel’s suitable systems remain unused due to the customer’s own systems being connected, a loss compensation may be charged.
Malfunctions in technical or other facilities provided by the hotel will be eliminated immediately if possible. Payments cannot be withheld or reduced unless the hotel is responsible for these disruptions.
Loss of or damage to items brought with you
Exhibitions or other items, including personal items, are stored in the event rooms or in the hotel at the customer’s risk. The hotel assumes no liability for loss, destruction or damage, including financial loss, except in the event of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, body or health. In addition, all cases in which safekeeping represents a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
Any decorative material brought along must meet the fire protection requirements. The hotel is entitled to request official proof of this. If such proof is not provided, the hotel is entitled to remove material that has already been brought in at the customer’s expense. Due to possible damage, the placement and attachment of items must be coordinated with the hotel in advance.
Any exhibition or other items brought along must be removed immediately after the end of the event. If the customer fails to do this, the hotel may remove and store the items at the customer’s expense. If the items remain in the event room, the hotel can charge appropriate compensation for use for the duration of their stay. The customer is free to prove that the above-mentioned claim did not arise or did not arise to the required amount.
Customer liability for damages
If the customer is an entrepreneur, he is liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
The hotel may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).
Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
The place of fulfillment and payment is the location of the hotel.
In commercial transactions, the exclusive place of jurisdiction – also for checks and bill of exchange disputes – is the hotel’s registered office. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
If individual provisions of these general terms and conditions for events are ineffective or void, this will not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.