GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS (VERSION: JANUARY 2010)
I. SCOPE OF APPLICABILITY
- These Terms and Conditions govern contracts for the rental use of hotel
rooms for lodging purposes, as well as all other goods and services rendered
by the hotel for the customer in this connection (Hotel Accommodation Contract).
The term “Hotel Accommodation Contract” comprises and replaces the
following terms: accommodation, lodging, hotel, hotel room contract.
- The prior consent in text form of the hotel is required if rooms provided are to
be sublet or rented to other parties or used other than for lodging purposes,
whereby section 540, para. 1, sentence 2 German Civil Code is waived insofar
as the customer is not a consumer.
- The customer’s general terms and conditions shall apply only if these are
previously expressly agreed in text form.
II. CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
- The contract shall come into force upon the hotel’s acceptance of the customer’s
application. At its discretion, the hotel may confirm the room reservation
in text form.
- The parties to the contract are the hotel and the customer. If a third party
placed the order on behalf of the customer, then that party shall be liable visà-
vis the hotel for all obligations arising from the hotel accommodation contract
as joint and several debtor together with the customer, insofar as the hotel
has a corresponding statement by the third party.
- Any claims against the hotel shall generally be time-barred one year after the
commencement of the general statute of limitations period. Damage claims
shall be time-barred after five years, independent of knowledge insofar as they
are not based on claims arising out of death, injury to body, health or liberty.
These damage claims shall be time-barred after ten years, independent of
knowledge. The reduction of the statute of limitation periods shall not apply for
claims which are based on an intentional or grossly negligent breach of obligation
by the hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF
- The hotel is obligated to keep the rooms reserved by the customer available
and to render the agreed services.
- The customer is obligated to pay the agreed or applicable hotel prices for
rooms provided and for other services used. This shall also apply to the hotel’s
services and outlays to third parties caused by the customer. The agreed
prices shall include the respective statutory Value Added Tax.
- The hotel can make its agreement to the customer’s later request for a reduction
of the number of reserved rooms, services of the hotel or the customer’s
length of stay dependent upon the increase of the price for the rooms and/or
for the other services.
- Hotel invoices not showing a due date are payable and due within ten days of
receipt of the invoice without deduction. The hotel shall be entitled at any time
to make accumulating accounts receivable payable and due and to demand
payment without undue delay. With default of payment, the hotel shall be entitled
to demand the respectively applicable statutory default interest in the
amount of currently 8 % or, with legal transactions with a consumer, in the
amount of 5 % above the base interest rate. The hotel reserves the right to
prove greater damage.
- The hotel is entitled to require a reasonable advance payment or security
deposit from the customer upon conclusion of the contract in the form of a
credit card guarantee, an advance payment, etc. The amount of the advance
payment and payment dates may be agreed in text form in the contract. With
advance payments or security deposits for package tours, the statutory provisions
shall remain unaffected.
- In justified cases, e.g. the customer’s default in payment or expansion of the
scope of the contract, the hotel shall be entitled, also after the conclusion of
the contract up to the commencement of the stay, to demand an advance
payment or security deposit within the meaning of the above-mentioned No. 5
or an increase of the advance payment or security deposit agreed in the contract
up to the total agreed remuneration.
- Furthermore, the hotel shall be entitled, at the commencement and during the
customer’s stay, to demand a reasonable advance payment or security deposit
within the meaning of the above-mentioned No. 5 for existing and future
accounts receivable from the contract, insofar as such has not already been
paid pursuant to the above-mentioned No. 5 and/or No. 6.
- The customer may only set-off or reduce or clear a claim by the hotel with a
claim which is undisputed or decided with final, res judicata effect.
IV. REPUDIATION BY CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE
TO USE HOTEL SERVICES (NO SHOW)
- Cancellation by the customer of the contract concluded with the hotel requires
the hotel’s consent in text form. If such is not given, then the price agreed in
the contract must be paid even if the customer does not avail himself of the
- To the extent the hotel and customer agreed in text form upon a date for a
cost-free cancellation of the contract, the customer may cancel the contract
up to that date without incurring payment or damage compensation claims by
the hotel. The customer’s right of cancellation shall expire if he does not exercise
his cancellation right in text form vis-à-vis the hotel by the agreed date.
- If rooms are not used by the customer, the hotel must credit the income from
renting the rooms to other parties and also for saved expenses. If the rooms
are not otherwise rented, the hotel can demand the contractually agreed rate
and assess a flat rate for the saved expenses of the hotel. In this case, the
customer is obligated to pay at least 90 % of the contractually agreed rate for
lodging with or without breakfast, 70 % for room and half-board, and 60 % for
room and full-board arrangements. The customer is at liberty to show that the
above-mentioned claim was not created or not created in the amount demanded.
V. CANCELLATION BY HOTEL
- Insofar as it was agreed in text form that the customer can cancel the contract
at no cost within a certain time period , the hotel is entitled for its part to cancel
the contract during this time period if inquiries from other customers regarding
the contractually reserved rooms exist and the customer, upon inquiry
thereof by the hotel, does not waive his right of cancellation.
- If an agreed advance payment or an advance payment or security deposit
demanded pursuant to Item clause III, No. 5 and/or No. 6 supra is not made
even after a reasonable grace period set by the hotel has expired, then the
hotel is likewise entitled to cancel the contract.
- Moreover, the hotel is entitled to effect extraordinary cancellation of the
contract for a materially justifiable cause, e.g. if
– force majeure or other circumstances for which the hotel is not responsible
make it impossible to fulfil the contract;
– rooms and spaces are reserved with culpably misleading or false information
regarding material contractual facts, such as the identity of the customer
or the purpose of his stay;
– the hotel has justified cause to believe that use of the hotel’s services
might jeopardize the smooth operation of the hotel, its security or public
reputation, without being attributable to the hotel’s sphere of control or
– the purpose or the cause of the stay is illegal;
– there is a breach of the above-mentioned Item clause I., No. 2 supra.
- The customer can derive no damage compensation rights from justified
cancellation by the hotel.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
- The customer does not acquire the right to be provided specific rooms insofar
as this is not expressly agreed in text form.
- Reserved rooms are available to the customer starting at 3:00 p.m. on the
agreed arrival date. The customer does not have the right to earlier availability.
- Rooms must be vacated and made available to the hotel no later than 12:00
noon on the agreed departure date. After that time, on the grounds of the delayed
vacating of the room for use exceeding the contractual time, the hotel
may charge 50 % of the full accommodation rate (list price) for the additional
use of the room until 6:00 p.m. (after 6:00 p.m.: 100 percent). Contractual
claims of the customer shall not be established hereby. The customer is at liberty
to prove that the hotel incurred no or much lesser claim to use damages.
VII. LIABILITY OF THE HOTEL
- The hotel is liable for the performance of its obligations arising from the
contract. Claims of the customer for reimbursement of damages are precluded
except for such which result from death, injury to body or health and the hotel
is responsible for the breach of the obligation, other damage which is caused
by an intentional or grossly negligent breach of obligation and damage which
is caused from an intentional or negligent breach of obligations of the hotel
which are typical for the contract. A breach of obligation of the hotel is
deemed to be the equivalent to a breach of a statutory representative or vicarious
agent. Should disruptions or defects in the performance of the hotel
occur, the hotel shall act to remedy such upon knowledge thereof or upon objection
by the customer made without undue delay. The customer shall be
obliged to undertake actions reasonable for him to eliminate the disruption
and to keep any possible damage to a minimum.
- The hotel is liable to the customer for property brought into the hotel in accordance
with the statutory provisions. Accordingly, the liability is limited to,one
hundred times the room rate but, however, a maximum amount of € 3,500.00
and,in deviation, for cash, securities and valuables, a maximum amount up to
€ 800.00. Cash, securities and valuables up to a maximum value of € (insert
insured amount of hotel) may be stored in the hotel safe or room safe. The hotel
recommends that guests make use of this possibility.
- Insofar as a parking space is provided to the customer in the hotel garage or a
hotel parking lot, this does not constitute a safekeeping agreement, even if a
fee is exchanged. The hotel assumes no liability for loss of or damage to motor
vehicles parked or manoeuvred on the hotel’s property and the contents
thereof, except for cases of intent or gross negligence. For the preclusion of
damage claims of the customer, the regulation of the above-mentioned No. 1,
sentences 2 to 4 supra shall apply respectively.
- Wake-up calls are carried out by the hotel with the greatest possible diligence.
Messages, mail, and merchandise deliveries for guests shall be handled with
care. The hotel will deliver, hold, and, for a fee, forward such items (on request).
For the preclusion of damage claims of the customer, the regulation of
the above-mentioned No. 1, sentences 2 to 4 supra shall apply respectively.
VIII. FINAL PROVISIONS
- Amendments and supplements to the contract, the acceptance of applications
or these General Terms and Conditions should be made in text form. Unilateral
amendments and supplements by the customer are not valid.
- Place of performance and payment is the location of the hotel.
- In the event of dispute, including disputes for checks and bills of exchange,
the courts at the location of the hotel’s registered office according to corporate
law shall have exclusive jurisdiction for commercial transactions. Insofar as a
contracting party fulfils the requirements of section 38, para. 2 of the German
Code of Civil Procedure and does not have a general venue within the country,
the courts at the location of the hotel’s registered office according to corporate
law shall have jurisdiction.
- The contract is governed by and shall be construed in accordance with the
laws of the Federal Republic of Germany. The application of the UN Convention
on the International Sale of Goods and Conflict Law are precluded.
- Should individual provisions of these General Terms and Conditions be or
become invalid or void, the validity of the remaining provisions shall remain
unaffected thereby. The statutory provisions shall also be applicable.