GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION AGREEMENT

I. Conclusion of Contract, Parties, Liability, Statute of Limitations

1. The contract shall come into effect upon the hotel’s acceptance of the guest's application. At its discretion, the hotel may confirm the room reservation in writing

2. The parties to the contract are the hotel and the guest.

3. All claims against the hotel shall generally become statute-barred one year after the commencement of the statutory limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The limitation periods shall not apply to claims based on a wilful or grossly negligent breach of duty by the hotel.

II. Services, Prices, Payment, Set-Off

1. The hotel is obliged to keep the rooms booked by the guest ready and to provide the agreed services.

2. The guest is obligated to pay the hotel's agreed or applicable prices for the provision of the room and the additional services used by the guest. This shall also apply to the Hotel's services and expenses to third parties caused by the customer. The agreed prices include the respective statutory value added tax.

3. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the guest's length of stay requested by the guest dependent on an increase in the price of the rooms and/or the hotel's other services.

4. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the dates of payment may be agreed in writing in the contract. In the case of advance payments or securities for packages, the statutory provisions shall remain unaffected.

5. The hotel is further entitled to demand from the guest, at the beginning of and during the stay, a reasonable advance payment or security deposit within the terms of no. 4 above for existing and future claims under the contract, unless such payment or security deposit has already been made in accordance with no. 4 and/or 5.

III. Repudiation by Guest (Cancellation, Annulment) / Failure to Use Hotel Services (No Show)

1. Cancellation of the accommodation agreement by the guest requires the hotel’s written consent. If such is not given, then the price agreed in the agreement must be paid even if the guest does not make us of the contractual services. This shall not apply in the event of a breach of the hotel's obligation to consider the guest's rights, legal property and interests if the guest can no longer be reasonably expected to adhere to the contract as a result or if the guest has any other statutory or contractual right of rescission.

2. If the hotel and the guest have agreed in writing on a date for free withdrawal from the contract, the guest may withdraw from the contract until that date without incurring payment or damage compensation claims by the hotel. The guest's right of rescission expires if he does not exercise his right of rescission in writing to the hotel by the agreed date, unless a case of rescission by the guest pursuant to Item IV No. 1, clause 3 exists.

3. In the case of rooms not used by the guest, the hotel shall set off the income from renting such rooms to other parties and the expenses saved.

The following cancellation periods and payment terms apply:

- up to 7 days before arrival

- from up to 6 to 1 day before arrival 80% of the offer price

- in case of cancellation on the day of arrival 100% of the offer price

IV. Repudiation by Hotel

1. iI it has been agreed in writing that the guest may withdraw from the contract free of charge within a certain period, the hotel is entitled for its part 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 or her right to withdraw at the hotel's request.

2. If an agreed advance payment or security deposit, or the advance payment or security deposit required in accordance with Item II, Nos. 4 and/or 5 above, is not made even after a reasonable grace period set by the hotel has expired, the hotel is likewise entitled to rescind the contract.

3. Furthermore, the hotel is entitled to rescind the contract for objectively justified reasons, for example if:

- force majeure or other circumstances beyond the Hotel's control make it impossible to fulfill the contract;

- rooms are booked under misleading or false information of essential facts, e.g. the person of the guest or the purpose of the guest's stay;

- the hotel has reasonable grounds 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 violation of the above-mentioned Item I No. 2.

4. The hotel's justified withdrawal from the contract does not give rise to a claim for damages by the guest.

V. Room Availability, Delivery and Return

1. The guest does not acquire the right to be provided specific rooms.

2.  Reserved rooms are available to the guest starting at 2:00 pm on the agreed arrival date. The guest does not have the right to earlier availability.

3.  Rooms must be vacated and made available to the hotel no later than 11:00 am on the agreed departure date. After that time, the hotel may charge 50% of the full accommodation price for use of the room and 100% after 6:00 pm due to the late vacating of the room in excess of the contractual period. Contractual claims of the guest shall not be justified by this. The guest is free to provide proof that the hotel has no or a significantly lower claim for usage fees. 

VI. Liability of the Hotel

1.  The hotel is liable for its obligations under the terms of contract with the due diligence of a prudent  commercial entity. Claims for damages by the guest are precluded. Excluded from this are damages arising 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 duties typical of the contract by the hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon prompt notification by the guest. The guest is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.

2. The hotel shall be liable to the guest for items brought to 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 up to € 800 for money, securities and valuablesVII. Final Provisions

VII. Final Provisions

1. Amendments or additions to the contract, the acceptance of applications or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

2. The place of performance and payment is the hotel's business seat.

3. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions is the hotel's business seat under company law. If a contractual partner fulfills the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the hotel's business seat under company law.

4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.

5. if individual provisions of these General Terms and Conditions for the Hotel Accommodation Agreement are or become invalid or void, the validity of the remaining provisions shall not be affected thereby.

6. This English version of the Terms and Conditions is a translation of the original in German and is for information purposes only. In case of a discrepancy, the German original will prevail.