GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (GTC)
I. Scope of application
1. 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 for 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 para. 1 sentence 2 BGB is waived insofar as 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, contract partners; limitation period
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 contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtor 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 generally become time-barred one year after the commencement of the regular limitation period under § 199 (1) BGB, which is dependent on knowledge. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the limitation period 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 obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. the customer is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. the agreed prices include the respective statutory value added tax. If the period between conclusion and fulfillment of the contract exceeds four 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. the prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the duration of the guests' stay and the hotel agrees to this.
5. invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. 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 provide evidence of higher damages.
6. the hotel is entitled to demand a reasonable advance payment as security in the form of a credit card guarantee, a deposit or similar upon conclusion of the contract or thereafter, taking into account the legal provisions and the provisions for package tours. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The advance payments and security deposits for package tours shall not affect the statutory provisions.
7. the hotel is further entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay in the sense of the aforementioned future claim arising from the contract, insofar as this has not already been made in accordance with No. 6 above.
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 (i.e. cancellation) / non-utilization of the hotel's services
1. a withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall 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 reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of withdrawal.
2. insofar as the hotel and the customer have agreed in writing 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. The customer's right of rescission shall expire if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date, unless a case of rescission by the customer pursuant to No. 1 sentence 3 exists.
3. in the case of rooms not used by the customer, the hotel shall offset the expenses saved.
offset.
4. the hotel is at liberty to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90 % of the contractually agreed price for accommodation with or without breakfast, 70 % for half-board and 60 % for full-board arrangements. The customer is at liberty to prove that the above-mentioned claim has not arisen or has not arisen in the amount claimed.
V. Cancellation by the hotel
(1) Insofar as the customer's right to withdraw from the contract free of charge within a certain period has been agreed in writing, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
2. if an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract. The hotel is also entitled to refuse performance and to be compensated for any damages incurred in this respect. Further claims remain reserved.
3. 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 it impossible to fulfill the contract
- rooms are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose;
- the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
- there is a breach of Clause I No. 2 above.
4. in the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.
5. supplementary special regulation in the event of force majeure:
Should restrictions on the number of hotel stays be imposed by the authorities, the hotel may, at its own discretion, cancel reserved stays or agree a rebooking with the guest. If the hotel cancels a reserved stay, the guest is entitled to a refund of any payments already made. The guest shall have no further claims for damages arising from the loss of the hotel stay.
VI Obligation to register and contact details
Registration obligation: Since 01.01.2025, the statutory registration obligation for domestic guests no longer applies.
Nevertheless, guests are obliged to provide their private address in order to fulfill the accommodation contract.
Voluntary information: Guests have the option to voluntarily provide their contact details, such as cell phone, email address and date of birth.
VII Room provision, handover and return
1. the customer does not acquire any entitlement to the provision of specific rooms
2. booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.
3. on the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. After this time, the hotel may charge € 70 for the late vacating of the room for its use in excess of the contract until 6.00 p.m., after 6.00 p.m. 100% of the full accommodation price (list price) may be charged. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.
VIII. Liability of the hotel
1. the hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
2. the hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. Money, securities and valuables can be stored in the hotel safe. The hotel recommends that guests make use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). The above number 1 sentences 2 to 4 shall apply accordingly to any further liability of the hotel.
3. if the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
4. wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The above number 1 sentences 2 to 4 apply accordingly.
IX. Final provisions
1. amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
2. place of performance and payment is the registered office of the hotel.
3. the exclusive place of jurisdiction - also for check and bill of exchange disputes - is the registered office of the hotel in commercial transactions. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.