General Terms and Conditions for the Hotel Accommodation Contract

1. Scope
   1. These terms and conditions apply to contracts regarding the rental of hotel rooms for accommodation as well as all services and supplies provided to the customer by the hotel.
   2. Subletting the rented room and/or using it for purposes other than accommodation requires the prior written consent of the hotel.
   3. The customer’s terms and conditions apply only if agreed upon in advance.
2. Contract Conclusion, Parties, Liability, and Limitations
   1. The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is at liberty to confirm the room booking in writing.
   2. The contracting parties are the hotel and the customer. If a third party has placed the order on behalf of the customer, (s)he is liable to the hotel together with the customer as a joint debtor for all liabilities arising from the hotel accommodation contract, so long as the hotel has a corresponding declaration from the third party.
   3. The hotel is liable for carrying out its obligations under the contract. In non-typical service areas, the liability of the hotel is limited to willful intent and gross negligence.
   4. The limitation period for all claims made by the customer is 6 months.
   5. This limitation of liability and short limitation period applies in favour of the hotel even if obligations are violated during contractual initiation and positive breach of contract.
3.  Services, Rates, Payment, Billing
   1. The hotel is obliged to hold the room reserved by the customer and to provide the agreed services.
   2. The customer is obliged to pay the applicable or agreed hotel rates for the room rental and the other services used by him/her. This also applies for hotel services and expenses incurred by the customer due to third parties.
   3. he agreed rate includes the applicable VAT. If the period between contract conclusion and fulfillment exceeds 4 months, and if the rate generally charged by the hotel for such services increases, the contractually agreed price can thus be raised proportionally, but not exceeding 10%.
   4. The rates can moreover be modified by the hotel if the customer subsequently changes the number of rooms booked, the hotel service, or the desired length of stay of the guest(s), and if the hotel agrees to this.
   5. Hotel invoices without an expiration date are payable within 10 days from receipt of the invoice. The hotel is entitled at any time to declare accumulated bills due and to demand payment without delay. If payment is delayed, the hotel is entitled to charge interest of 9% (for debtors who are not themselves consumers) and 5% (for direct consumers) above the corresponding base rate of the Deutsche Bundesbank [German Federal Bank]. The customer retains the right to show proof of a lower amount of damage, and the hotel to show a higher amount.
   6. In the case of delay, the hotel is entitled in accordance with § 288 BGB [German Civil Code] to charge the debtor, if he/she is not a consumer, a lump sum of €40.00 for damages because of delay.
   7. The hotel is entitled to request advance payment or a security deposit during contract conclusion or thereafter in consideration of the legal provisions for package holidays. The amount of the advance payment and the payment deadlines may be agreed in writing in the contract.
   8. The customer may only offset or reduce an indisputable or legally binding claim against a claim by the hotel.
4. Withdrawal by the Customer (Cancellation, Rescission)
   1. withdrawal by the customer from the contract concluded with the hotel requires the written agreement of the hotel. If no such agreement exists, the agreed rate must still be paid even if the customer does not make use of the contractual services. This does not apply in the case of a default in service by the hotel or an impossibility on the part of the hotel to provide service.
   2. If a date of withdrawal from the contract was agreed in writing by the hotel and the customer, the customer may withdraw from the contract by that date without incurring claims for payment or damages from the hotel. The customer’s right to withdraw shall expire if (s)he does not exercise his/her right to withdraw by the agreed date in writing to the hotel, provided that no default in service by the hotel or an impossibility on the part of the hotel to provide service is present.
   3. If the customer does not use the rooms, the hotel must credit them with the income from the rental of the room to other parties as well as the expenses saved.
   4. The hotel is at liberty to specify damages incurred as a result of, and to be compensated by, the customer. The customer is then obliged to pay 90% of the contractually agreed price for an overnight stay without breakfast as well as 60% of the arranged booking. Wellness treatments may be cancelled free of charge up to 48 hours before arrival. The customer is at liberty to provide proof that no damages were incurred or that they were lower than the amount demanded by the hotel.
   5. For trade fairs hosted by the hotel, separate cancellation policies apply.
5.  Withdrawal by the Hotel
   1. If a customer’s right to withdraw within a specified period was agreed to in writing, the hotel is entitled on its part to withdraw from the contract within this period if inquiries from other customers regarding the contractually reserved rooms are received and the customer does not waive his/her right to withdraw upon inquiry by the hotel.
   2. If an agreed advance payment is not made even after the expiration of a reasonable grace period set by the hotel along with a notice of refusal, then the hotel is likewise entitled to withdraw from the contract.
   3. The hotel is moreover entitled to an exceptional withdrawal from the contract or objectively justifiable reasons, such as in the case of
      • force majeure or other circumstances beyond the control of the hotel that render the fulfillment of the contract impossible;
      • the room being booked under misleading or false statements of essential facts, e.g., relating to the customer or the purpose;
      • the hotel having justifiable reason to believe that the use of hotel services might jeopardize the smooth operation, safety, or reputation of the hotel in public, without being attributable to the management or organization of the hotel;
      • a breach of the above scope of Section 2 being present.
   4. The hotel must immediately inform the customer if it is exercising its right to withdraw.
   5. The customer is not entitled to damages in the event of a justified withdrawal by the hotel.
6. Room Reservation, Delivery, and Return
   1. The customer has no right to be provided specific rooms.
   2. Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer has no right to earlier check-in.
   3. On the agreed departure date, the hotel rooms are to be vacated by 12:00 noon at the latest to make them available for other customers. After that time, the hotel may charge damages resulting from the additional use of the room until 6:00 p.m. at 50% of the full lodging price (list price), and after 6:00 p.m. at 100%. The customer is at liberty to prove to the hotel that no or significantly lower damages were incurred.
7.  Liability of the Hotel
   1. The hotel is liable for exercising the diligence of a prudent businessperson. Liability outside the typical service area is, however, limited to deficiencies in performance, damages, consequential damages, or disturbances resulting from the willful intent or gross negligence of the hotel. Should disturbances or deficiencies in the services of the hotel arise, the hotel shall endeavour, upon receiving knowledge of this or an immediate complaint from the customer, to remedy the problem. The customer is obliged to assist, to a reasonable extent, in remedying the disturbance and minimizing any possible damage. These restrictions do not apply to personal injuries.
   2. For objects brought by guests, the hotel is liable to the customer according to legal provisions, that is, up to one hundred times the room price or at most 3,000.– Euros, as well as, for money and valuables, up to 760.– Euros. Money and valuables up to a maximum value of 2,500.– Euros can be stored in the room safe. The hotel recommends making use of this option. Liability claims shall expire unless the customer notifies the hotel immediately after becoming aware of a loss, destruction, or damage (Paragraph 703 BGB).
   3. Legal provisions shall apply to the unlimited liability of the hotel.
   4. Insofar as the customer is provided with a parking space in the hotel garage or parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for losses or damage occurring on hotel property to parked or moving vehicles and their contents, except when caused by willful intent or gross negligence. This also applies for agents or employees of the hotel.
   5. Wake-up services will be carried out by the hotel with the utmost care. Claims for damages, except in cases of gross negligence or willful intent, are excluded.
   6. Messages, mail, and shipments for guests will be handled with care. The hotel will handle the delivery, storage, and, if desired – for a fee – forwarding of such items. Claims for damages, except in cases of gross negligence or willful intent, are excluded.
8. Final Provisions
   1. Modifications or additions to the contract, the application acceptance, or these terms and conditions for the hotel accommodation contract shall be made in writing. One-sided modifications or additions made by the customer are invalid.
   2. The place of fulfillment and payment is the location of the hotel.
   3. The exclusive place of jurisdiction for commercial transactions – including for cheque and exchange disputes – is the location of the hotel. Provided that a contracting party satisfies the prerequisite laid out in Section 38, Paragraph 1 ZPO and has no general place of jurisdiction within the country, the place of jurisdiction shall be location of the hotel.
   4. German law applies.
   5. Should individual provisions of these general terms and conditions for the hotel accommodation contract be or become void or invalid, the validity of the remaining provisions shall not be affected. Apart from that, legal provisions apply.