English translation of the German original supplied by the hotel. This is a translation for information purposes and is not a legal review.
1. SCOPE
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and to all other services and supplies provided by the hotel to the customer in this context (hotel accommodation contract). They do not apply to package travel within the meaning of Section 651a of the German Civil Code (BGB). The term “hotel accommodation contract” includes and replaces the terms accommodation contract, guest accommodation contract, hotel contract and hotel room contract.
1.2 Subletting or re-letting the rooms provided, as well as using them for purposes other than accommodation, requires the hotel’s prior consent in text form. The right of termination under Section 540(1), sentence 2 BGB is excluded.
1.3 The customer’s general terms and conditions shall apply only if expressly agreed in text form.
2. CONCLUSION OF THE CONTRACT; CONTRACTING PARTIES
The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s booking request. For bookings made via the hotel’s own website, the contract is concluded by clicking the “Book now” button.
3. SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obliged to make the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the prices agreed or applicable for the provision of the rooms and for any additional services used. This also applies to services arranged by the customer directly or through the hotel, provided by third parties and paid for in advance by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local charges payable by the guest personally under the relevant municipal law, such as a visitor’s tax. If statutory VAT changes, or local charges relating to the services are introduced, changed or abolished after the contract has been concluded, the prices shall be adjusted accordingly. For contracts with consumers, this applies only if more than four months elapse between the conclusion of the contract and performance.
3.4 Where payment by invoice has been agreed, payment must be made in full within ten days of receipt of the invoice, unless otherwise agreed.
3.5 When the contract is concluded, the hotel may require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the event of late payment by the customer, the statutory provisions shall apply.
3.6 In justified cases, for example if the customer is in arrears with payments or the scope of the contract is extended, the hotel may, even after the contract has been concluded and up until the start of the stay, require an advance payment or security as described in Clause 3.5 above, or increase the advance payment or security agreed in the contract up to the full agreed remuneration.
3.7 The hotel may also require the customer, at the beginning of and during the stay, to make a reasonable advance payment or provide security as described in Clause 3.5 above for existing and future claims arising from the contract, insofar as such payment or security has not already been provided under Clause 3.5 and/or Clause 3.6.
3.8 The customer may set off or offset a claim against a claim by the hotel only if the customer’s claim is undisputed or has been established by a final court judgment.
3.9 The customer agrees that invoices may be sent electronically.
4. CUSTOMER WITHDRAWAL / TERMINATION (“CANCELLATION”); NON-USE OF HOTEL SERVICES (“NO-SHOW”)
4.1 The customer may withdraw unilaterally from the contract concluded with the hotel only if a right of withdrawal has been expressly agreed in the contract or a statutory right of withdrawal or termination exists.
4.2 If the hotel and the customer have agreed on a deadline by which the customer may withdraw from the contract free of charge, the customer may withdraw by that deadline without triggering payment or compensation claims by the hotel. The customer’s right of withdrawal expires if it is not exercised vis-à-vis the hotel in text form by the agreed deadline.
4.3 If no right of withdrawal has been agreed, or such right has already expired, and no statutory right of withdrawal or termination exists, the hotel remains entitled to the agreed remuneration even if the services are not used. The hotel must credit income from renting the rooms to other parties and expenses saved. If the rooms are not rented to others, the hotel may apply a flat-rate deduction for expenses saved. In that case, the customer must pay 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements including third-party services, 70% for half-board arrangements and 60% for full-board arrangements. The customer may prove that the claim did not arise or did not arise in the amount claimed.
5. HOTEL WITHDRAWAL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a specified period, the hotel may also withdraw from the contract during that period if other customers enquire about the rooms booked under the contract and the customer, when asked by the hotel and given a reasonable deadline, does not waive the right to withdraw. The same applies if an option has been granted and other enquiries are received, but the customer is not willing to make a firm booking when asked by the hotel and given a reasonable deadline.
5.2 The hotel is also entitled to withdraw from the contract if an advance payment or security agreed or requested under Clause 3.5 and/or Clause 3.6 is not provided even after expiry of a reasonable additional period set by the hotel.
5.3 The hotel is further entitled to terminate the contract with immediate effect for objectively justified reasons, in particular if:
– force majeure or other circumstances beyond the hotel’s control make performance of the contract impossible;
– rooms or premises are booked using misleading or false information, or by concealing material facts; material facts may include the customer’s identity, ability to pay or purpose of stay;
– the hotel has reasonable grounds to believe that use of the services may jeopardise the smooth operation, safety or public reputation of the hotel, provided the circumstances are not attributable to the hotel’s sphere of control or organisation;
– the purpose or reason for the stay is unlawful;
– there is a breach of Clause 1.2 above.
5.4 A justified withdrawal by the hotel does not entitle the customer to compensation. If the hotel has a claim for compensation against the customer following withdrawal under Clause 5.2 or 5.3 above, the hotel may calculate it as a lump sum. Clause 4.3 shall apply accordingly.
6. ROOM AVAILABILITY, HANDOVER AND RETURN
6.1 The customer is not entitled to a specific room unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer is not entitled to have a room made available earlier.
6.3 On the agreed departure date, rooms must be vacated and made available to the hotel no later than 11:00 a.m. If a room is vacated late, the hotel may charge 50% of the full accommodation price (price according to the price list) for use beyond the agreed period until 6:00 p.m., and 90% from 6:00 p.m. onwards. This does not create any contractual entitlement for the customer. The customer may prove that the hotel incurred no claim for a usage fee, or that the claim was substantially lower.
7. HOTEL LIABILITY
7.1 The hotel is liable for damage to life, limb or health for which it is responsible. It is also liable for other damage resulting from an intentional or grossly negligent breach of duty by the hotel, or from an intentional or negligent breach of duties typical of the contract. Contractual duties typical of the contract are those duties that are essential to the proper performance of the contract and on whose fulfilment the customer relies and may reasonably rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach by the hotel. Further claims for damages are excluded unless otherwise provided in this Clause 7. If disruptions or defects occur in the hotel’s services, the hotel will endeavour to remedy them once it becomes aware of them or if the customer reports them without delay. The customer is obliged to do what is reasonable to help remedy the disruption and minimise any possible damage.
7.2 The hotel is liable for items brought onto the premises in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring in cash, securities or valuables worth more than EUR 800, or other items worth more than EUR 3,500, a separate safekeeping agreement with the hotel is required.
7.3 If a parking space is made available to the customer in the hotel garage or car park, whether free of charge or for a fee, this does not constitute a safekeeping agreement. If motor vehicles parked or manoeuvred on the hotel premises, or their contents, are lost or damaged, the hotel is liable only in accordance with Clause 7.1, sentences 1 to 4 above.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are handled carefully. By prior arrangement with the customer, the hotel may accept and store mail and parcels and, at the customer’s request, forward them for a fee. The hotel is liable in this regard only in accordance with Clause 7.1, sentences 1 to 4 above.
8. FINAL PROVISIONS
8.1 Amendments and additions to the contract, the acceptance of the booking request or these general terms and conditions should be made in text form. Unilateral amendments or additions are invalid.
8.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Kinding. However, the hotel may also bring legal proceedings against the customer at the customer’s registered office. The same applies to customers who do not fall under the first sentence if they have neither their registered office nor their residence in a Member State of the European Union.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
8.4 In accordance with its statutory obligation, the hotel points out that the European Union has established an online platform for the out-of-court resolution of consumer disputes (the “ODR platform”): http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration bodies.
Important note: This is a translation of the German text provided and is not legal advice. The reference to the EU ODR platform in Clause 8.4 has been translated as written in the source; please verify whether this clause is still current before publication.