Terms and Conditions

Preamble

A room booking made by a customer (standard term for ordering party, guest, tenant, organiser, agent, etc.) and accepted by the hotel creates a contract between the two, a Hotelaufnahmevertrag or hotel accommodation contract (standard term for contracts for lodging, hotel and hotel room contract). There are no specific regulations in the German Civil Code (BGB) governing hotel accommodation contracts, except provisions on liability for things brought in. The hotel accommodation contract is a "mixed contract". It includes elements of contracts for services, contracts for works and purchasing contracts. Essentially, the hotel accommodation contract is a rental contract. Hotel accommodation contracts are, like all other civil law, contracts to be complied with by both parties.

I Scope

1. These Terms and Conditions apply to contracts for the letting of hotel rooms for accommodation and for all other services provided for the customer by the hotel.
2. Rooms provided may only be sublet or let to other parties or used for purposes other than accommodation with the prior written consent of the hotel.
3. Any terms and conditions of the customer shall only apply if this is previously agreed in writing.
   
   

II Conclusion of the contract, parties, contract liability and statute of limitations

1. The contract is concluded when the hotel accepts the customer's booking. Where possible and necessary, the hotel shall confirm the room booking in writing.
2. The parties to the contract are the hotel and the customer. In the event that a third party has booked on behalf of the customer, said third party and the customer shall be jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract. The hotel shall be liable for its obligations arising from the contract. Except within the scope of typical contractual performance, this liability is limited to failures or defects resulting from intent or gross negligence on the part of the hotel. The statute of limitations for all claims by the customer is 6 months from the end of the contract. This limitation of liability and short limitations periods for failures on the part of the hotel shall apply even in the case of the breach of obligations in the initiation of the contract, positive breach of contract or tort.
   
   

III Services, prices, payments and set-off

1. The hotel has a duty to provide the customer with the rooms booked and to provide the agreed services.
2. The customer has a duty to pay the applicable or agreed hotel prices for the rooms and for any other services which he or she uses. This also applies to services and outlay by the hotel to third parties where said services or outlay have been initiated by the customer.
3. The agreed prices include statutory value-added tax. In the event that the period between the conclusion of the contract and contract performance exceeds four months and the price generally charged for such services by the hotel increases, the contractually agreed price may be increased appropriately but by no more than 10%.
4. The hotel shall also be entitled to modify the prices if the customer subsequently requests changes to the number of rooms booked, the services to be provided by the hotel or the length of the guests' stay and the hotel agrees to such changes.
5. Invoices issued by the hotel without a due date are to be paid in full within 10 days of receipt. The hotel shall have the right to deem outstanding payments due at any time and to demand immediate payment. In the event of default, the hotel shall be entitled to charge interest of 5% above the applicable base rate. The customer shall be entitled to prove that the loss incurred is lower, and the hotel that the loss incurred is higher. A fee of € 5.50 shall be charged for each reminder once the customer is in default.
6. The hotel shall have the right to require a reasonable advance payment or security at any time. The amount of the advance payment and the payment deadlines can be agreed in writing in the contract.
7. Set-off, reductions and retention of payment on the part of the customer are only admissible if his or her claims are undisputed or have been legally established in a final ruling.
   
   

IV Customer withdrawal from the contract (cancellation)

1. The customer's withdrawal from the contract concluded with the hotel requires the written agreement of the hotel. In the absence of said written agreement, the agreed price shall be payable even if the customer does not make use of the contractual services.
2. In the event that the hotel and the customer have agreed in writing a deadline for withdrawal from the contract, the customer shall be able to withdraw from the contract by that deadline without becoming liable for payment or compensation to the hotel. The customer's right of withdrawal shall lapse if he or she does not give the hotel written notice of his or her withdrawal by the agreed deadline.
3. In the event that rooms are not used by the customer, the hotel shall have a duty to deduct the revenue from letting said rooms to other parties and any expenses saved.
4. The hotel shall be entitled to set a fixed sum for compensation. The customer shall in this case have a duty to pay 90% of the contractually agreed price for bed and breakfast, 70% for half board and 60% for full board bookings. The customer shall be entitled to prove that the loss suffered by the hotel is lower than the fixed sum demanded.
   
   

V Hotel withdrawal from the contract

1. The hotel shall be entitled to withdraw from the contract by or before an agreed withdrawal deadline pursuant to IV. 2. if enquiries from other customers have been received for the contractual rooms and the customer does not, when asked by the hotel, waive his or her right of withdrawal.
2. The hotel shall also be entitled to withdraw from the contract if an agreed advance payment is not made within a reasonable grace period set by the hotel and the customer has been informed that failure to pay within that period may result in cancellation.
3. The hotel shall also be entitled to withdraw from the contract for objectively justified reasons, for example: in the event of force majeure or other circumstances beyond the hotel's control which render performance of the contract impossible; if misleading or incorrect information has been provided on significant points in the room booking, for example concerning the customer or the purpose of the booking; if the hotel has good reason to believe that use of the hotel services will affect the smooth operation of its business, the safety of the hotel or the hotel's public image in a manner that is outside the domain or organisational responsibility of the hotel; in the event of a breach of II.2.
4. The hotel has a duty to inform the customer without delay that it is exercising its right of withdrawal.
5. The customer shall not be entitled to compensation from the hotel unless the hotel has acted with intent or gross negligence.
   
   

VI Provision, handover and vacation of rooms

1. The customer is not entitled to the provision of specific rooms. In the event that the customer has been guaranteed specific rooms and these are not available, the hotel shall have a duty to ensure an equivalent alternative.
2. Rooms booked shall be available from 15:00 on the agreed day of arrival. The customer has no right to require that they be available earlier.
3. The rooms are to be cleared and vacated and the keys returned to the hotel by 11:00 at the latest on the agreed day of departure. After this time, the hotel shall have the right to charge for the additional use of the room at 50% of the room price (list price) up until 18:00 and at the full room price after 18:00.
   
   

VII Liability of the hotel

1. The hotel shall be liable for loss for which it is responsible arising from death, injury or damage to health. It shall also be liable for other loss resulting from an intentional or grossly negligent breach of obligations on the part of the hotel or from an intentional or grossly negligent breach of typical hotel obligations. Breaches of obligations by a legal representative or agent of the hotel shall be equivalent to breaches of obligations by the hotel itself. Unless otherwise stated in item 7, further claims for compensation over and above said liability shall not be admitted. Should disruptions or defects arise in contractual performance by the hotel, the hotel shall make every effort to remedy these upon becoming aware of them or in response to immediate notification by the customer. The customer has a duty to take reasonable steps to deal with said disruptions and keep any loss to a minimum.
2. The hotel shall be liable to the customer for things brought in accordance with the statutory regulations. The hotel recommends the use of the hotel or room safe. If a guest wishes to bring money, securities or valuables worth more than 800 euros or other items worth more than 3500 euros into the hotel, this requires a separate safekeeping agreement with the hotel.
3. The provision to the customer of a parking space in the hotel car park shall not establish a safekeeping contract. In the event of the loss or damage to motor vehicles parked on the hotel grounds or the contents of said vehicles, the hotel shall only be liable as defined in the first to fourth sentences of item 7.1 above
4. The hotel shall carefully provide any wake-up calls requested. Messages, post and parcels for guests shall be handled with the utmost care. The hotel shall undertake delivery, safekeeping and, for an additional fee and if required, forwarding. The hotel shall only be liable in such cases as defined in the first to fourth sentences of item 7.1 above.
   
   

VIII Closing provisions

1. Changes or supplements to the contract, acceptance of the booking or these Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes or supplements on the part of the customer shall not be valid.
2. The place of performance and payment is the registered office of the hotel.
3. For commercial transactions, the courts at the registered office of the hotel shall have sole jurisdiction for all disputes including disputes relating to cheques and bills of exchange. In the event that one party to the contract meets the requirements of section 38 par. 2 of the German Code of Civil Procedure (ZPO) and has no general venue in Germany, the venue shall be the place of the hotel's registered office.
4. The contract is governed by German law.
5. Should individual provisions of these Terms and Conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions.
   
   

Additional provisions for groups of 20 persons or more:

* Group bookings are "fixed and binding" reservations.

* The customers shall be jointly and severally liable.

However, we know that changes in numbers can be unavoidable. That is why we accept cancellations of up to 20% of the number of beds booked up to 30 days before arrival at no charge. We would ask our business partners to notify us as soon as possible of any changes in numbers. This allows us to respond in good time and let the rooms not required to other guests. We require a list of the rooms required with the names of the guests (= rooming list) by three days before arrival at the latest. In the event that we have agreed to cancellation without charging cancellation costs, a one-off administration fee of 130.00 euros shall be payable. Events or items already booked for excursions shall be charged in full. Any commercial customs shall not apply. The customer is responsible for arguing and proving that the hotel has found other guests for the rooms not used. A single bill is issued for groups. Payment is due in cash or by EC debit card (bank card) by the time of departure at the latest. We are unable to accept other forms of payment. For excursions that we organise, we are only the agent and not the organiser pursuant to section 651 ff. BGB. Oral agreements or special agreements shall only be valid if set down in writing. The place of performance and payment shall be the registered office of our hotel. For commercial transactions, the courts at the place of the hotel's registered office shall have sole jurisdiction for all disputes including disputes relating to debit or bank cards and bills of exchange. In the event that one party to the contract meets the requirements of section 38 par. 2 of the German Code of Civil Procedure (ZPO) and has no general venue in Germany, the venue shall be the place of the hotel's registered office. The contract is governed by the law of the Federal Republic of Germany. In the event that individual clauses are invalid or void, this shall not affect the validity of the remaining provisions.

This Terms and Conditions replace and supersede all previous terms and conditions (07/2014)