General terms and conditions for the hotel accommodation contract
§ 1 Scope
- These terms and conditions apply to contracts for the provision of hotel rooms for accommodation and for all other related services and deliveries by the hotel.
- Subletting of the provided hotel rooms requires prior written consent of the hotel.
- Deviating contract contents or changes are only binding for the contracting parties if they are confirmed in writing by both contracting parties.
§ 2 Conclusion of contracts, partners
- The contract is concluded when the hotel confirms it to the guest.
- If the hotel rejects a booking request and makes a different offer, the hotel is bound to this different offer for a period of two days. The contract is concluded on the basis of this new offer if the guest declares acceptance in written form to the hotel within the binding period.
- The contractual partners are the hotel and the guest. If a third party makes the booking for the guest, they are liable to the hotel as a customer together with the guest as joint debtor for all obligations arising from the contract.
- If the hotel has granted the guest an option in the contract, the guest can withdraw from the contract within a certain period without further legal consequences. The option dates are binding for both contractual partners. If the guest withdraws within the agreed option period, the hotel is not entitled to compensation. The determining factor for the timeliness of the cancellation is its receipt by the hotel. The contract is binding when the guest accepts the offer and confirms it in writing with the hotel. The option expires if none of the parties confirm the offer in writing within the specified option period and the option period elapses. After the agreed option period has expired, the hotel can freely dispose of the rooms or services booked in the option without consultation.
§ 3 Services, pricing, payment
- The hotel is obliged to keep the rooms reserved by the guest available in accordance with these general terms and conditions and to provide the agreed-upon services.
- The guest is obliged to pay the agreed prices for rented hotel rooms as well as the hotel's prices agreed for other agreed services. This also applies to services and expenses of the hotel towards third parties arranged by the guest or the customer.
- The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and arrival of the guest exceeds four months and the statutory sales tax or any applicable local taxes or duties increase after the conclusion of the contract, the hotel reserves the right to increase the agreed prices by the amount by which the applicable sales tax or local taxes and duties have increased. The consumer price index (CPI) is also considered a basis for price adjustments.
- Unless other payment terms have been expressly agreed upon, payments are due immediately upon receipt of the invoice without any deductions. The hotel is entitled to demand accrued claims at any time and to request payment immediately. In the event of default, the hotel is entitled to charge default interest of five (5) percentage points and, if the guest is a company, eight (8) percentage points above the respective base rate. The hotel reserves the right to claim higher damages. The hotel can charge a reminder fee of EUR 5.00 for each reminder after the default occurs.
- The hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
- If an agreed advance payment or the advance payment requested by the hotel according to the above regulation is not made or not made in full by the due date, the hotel is entitled to terminate the contract.
- If the guest stays in the hotel for more than 7 days, the hotel is entitled to issue interim bills.
§ 4 Cancellation by the hotel
- If a guest's right of withdrawal without charge has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract during this period if there are requests from other guests for the contractually booked hotel rooms and if the guest, upon request by the hotel, does not waive their right to withdraw without charge in written form within 5 days of receiving said request.
- If the advance payment or security deposit according to § 3 No. 5 is not made even after the expiry of a reasonable grace period set by the hotel with a threat of refusal, the hotel is entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract, in particular if
- higher powers or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- rooms were booked while misleading or misrepresenting essential facts, e.g. regarding the guest or purpose of the booking
- the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardize the smooth running of the business, general security or the hotel's public reputation;
- there is an unauthorized subletting;
- the hotel becomes aware that the guest's financial situation has deteriorated significantly after the conclusion of the contract, especially if the guest does not settle due claims by the hotel or does not offer sufficient reassurance and therefore the hotel's payment claims appear to be at risk;
- the guest has applied for the commencement of insolvency proceedings, has given an affidavit according to Section 807 of the Code of Civil Procedure, has initiated an extrajudicial procedure for debt settlement or has stopped paying;
- insolvency proceedings have been opened against the property of the guest or the opening of these proceedings was refused due to lack of assets.
§ 5 Cancellation by the guest
Unless otherwise agreed, the guest can cancel hotel rooms free of charge until 6 p.m. on the day of arrival. The hotel then grants the guest the right to withdraw at any time. The following provisions apply:
- If the guest withdraws from the booking, the hotel is entitled to reasonable compensation.
- The hotel has the choice of claiming compensation in the form of a flat-rate compensation instead of a specifically calculated compensation. The flat-rate compensation is 90% of the contractually agreed price for overnight stays with or without breakfast, 70% of the contractually agreed price for half board and 60% of the contractually agreed price for full board arrangements. The guest is free to prove that the hotel does not suffer any damage or that the damage incurred is lower than the required compensation.
- If the hotel specifically calculates the compensation, the amount of the compensation is max. the amount of the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
§ 6 Provision, handover and return of rooms
- The guest acquires the right to the room category he has booked - however, he is not entitled to the provision of certain rooms unless the hotel has confirmed the provision of certain room categories and rooms in writing.
- Booked hotel rooms are available to the guest from 2:00 p.m. on the agreed arrival date. The guest is not entitled to earlier provision.
- The hotel rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. Thereafter, due to the delayed evacuation of the hotel room for its use beyond the contract, the hotel can invoice 50% of the full accommodation price (list price) until 6:00 p.m., from 6:00 p.m. 100%. This does not justify contractual claims by the guest.
§ 7 Extension of use, additional services
- Reserved hotel rooms are only available to the guest within the period agreed in writing. A claim beyond this requires an additional written agreement.
- The costs incurred in addition to the agreed contractual services, such as telephone, bar, garage etc. are to be paid by the guest.
§ 8 Liability of the guest for damage
- The guest is liable for all damage to the building or inventory, provided the hotel is not at fault.
- The hotel can require the guest to provide adequate security (e.g. insurance, deposits, sureties).
§ 9 Liability of the hotel
- The hotel is fully liable for all damage resulting from injury to life, limb and health, guarantees for the nature of the object of the contract, fraudulent concealment of defects, as well as fraudulent deception. Liability under the Product Liability Act remains unaffected.
- Without prejudice to Section 9 No. 1, the hotel's liability for slightly negligent breaches of duty is excluded, provided that there are no essential contractual obligations (the fulfillment of which enables the proper execution of the contract and / or the violation of which jeopardizes the achievement of the purpose of the contract and on the fulfillment of which the guest regularly relies may: so-called cardinal obligations) are affected.
- The hotel's liability for slightly negligent breaches of duty of cardinal duties according to § 9 No. 3 is limited to the foreseeable damage typical for the contract at the time the contract was concluded.
- Without prejudice to § 9 No. 1., all claims against the hotel expire within one year, provided the guest is an entrepreneur.
- § 9 No. 1 - 4 apply accordingly to the hotel's legal representatives and vicarious agents.
- The hotel carries out wake-up calls with the greatest care.
- Messages, mail and consignments for guests are handled with care. The hotel takes care of the delivery, storage and - if requested - forwarding of the same as well as on request also for lost property.
- Items left lying behind will only be forwarded at the guest's request and expense. The guest bears the cost of shipping. The hotel will inform the guest about objects left behind and undertakes to keep them for six months. The hotel is entitled to hand over the aforementioned items to the local lost property office after the statutory retention period.
- If the contracting party is provided with a parking space in the hotel garage or in a hotel car park, this does not result in a custody contract. The hotel does not have to be monitored.
§ 10 final provisions
- Changes or additions to the contract, the contract confirmation or these terms and conditions for events must be in writing. Unilateral changes or additions by the contractual partner are invalid. To comply with the written form requirements specified in these General Terms and Conditions, it is sufficient to submit the corresponding declaration by fax or email.
- The place of fulfillment and payment is the seat of the hotel.
- The exclusive place of jurisdiction is - if the guest is an entrepreneur - the seat of the hotel.
- German law applies. The application of the UN sales law and the conflict of laws is excluded.
- Should individual provisions of these general terms and conditions for events be ineffective or void, this does not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.