General Terms and Conditions

1 Scope of application
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation, Guest Accommodation, Hotel, Hotel Room Contract.
1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

2 Conclusion of contract, contractual partners, limitation period
2.1 The contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is at liberty to confirm the room booking in text form.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. Claims for damages are subject to a limitation period of five years depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten 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.

3 Services, prices, payment, offsetting
3.1 The hotel is obliged to keep the rooms (room categories) booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable hotel prices for the provision of the room and the other services used by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective local law, such as visitor’s tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the number of persons in the room, the hotel’s services or the duration of the customer’s stay requested by the customer dependent on the price for the rooms and/or for the hotel’s other services being increased.
3.5 Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the start of the stay.
3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 3.6 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause 3.6 and/or clause 3.7.
3.9 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.

4 Withdrawal by the customer (cancelation, cancellation / non-use of the hotel’s services (no show))
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a termination of the contract shall be made in text form.
4.2 If the hotel and the customer have agreed 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 withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-utilization of the service. The hotel has to take into account the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not otherwise rented out, the hotel may make a flat-rate deduction for saved expenses. When booking the standard rates BAR – Best Available Rate, Weekend List Rate, Special Rate PRO1 and PRO2, the customer can cancel free of charge up to 3 days before arrival. Thereafter, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with/without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
4.4 Special rates are subject to the following cancellation conditions:
Early booking rate 30 days in advance – cannot be canceled free of charge, 100% cancellation fee Early booking rate 14 days in advance – cannot be canceled free of charge, 100% cancellation fee Early booking rate 07 days in advance – cannot be canceled free of charge, 100% cancellation fee
Long-term stay, min. 3 nights/max. 6 nights, can be canceled free of charge up to 7 days in advance, then 100% cancellation fee Long-term stay, min. 7 nights, can be canceled free of charge up to 7 days in advance, then 100% cancellation fee

5 Withdrawal by the hotel
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material may be the identity of the customer, the ability to pay or the purpose of the stay;
– the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or reason for the stay is unlawful;
– there is a violation of the above-mentioned clause 1.2.
5.4 The justified withdrawal of the hotel does not entitle the customer to compensation.

6 Room provision, handover and return, smoking ban, loss of room card, pets, fellow travelers
6.1 The customer is not entitled to the provision of specific rooms unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the delayed vacating of the room until 6:00 p.m., and 90% from 6:00 p.m. onwards. If a third party has placed an order on behalf of the customer, it 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.
2.3 All claims against the hotel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. Claims for damages shall become time-barred after five years, irrespective of knowledge. The shortening of the limitation period does not apply to claims.Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim for compensation for use.
6.4 Smoking is prohibited in the entire hotel area. The hotel is entitled to charge a special cleaning fee of EUR 250.00 for non-compliance with the smoking ban. This special cleaning fee covers the costs for the special cleaning of curtains, beds, furnishings and similar. The customer is expressly permitted to prove that the damage has not occurred at all or is significantly lower than the lump sum demanded. Despite special cleaning, the room must be closed for a few days until no more smoke can be detected. During this time, the room cannot be rented out. The customer is obliged to pay compensation for the loss of the rental. This compensation is limited to the loss of 4 days á 180.00. The customer is expressly permitted to prove that no damage has occurred at all or that it is significantly lower than the lump sum demanded for loss of rental.
6.5 If the room card is lost, the hotel is entitled to a replacement cost of EUR 10.00 from the customer.
6.6 Pets are charged at a price per pet per day as set out in the hotel accommodation contract. If pets are brought along without prior notification in a room not permitted for pets, the hotel reserves the right to charge the special costs mentioned above in the smoking ban.
6.7 In the event of the stay of additional fellow travelers who have not been registered in advance, the hotel will charge additional costs incurred as a result of additional consumption during the stay.

7 Liability of the hotel
7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel Further claims for damages are excluded, unless otherwise provided for in this clause 7. In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them without delay. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4 Wake-up calls shall be 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 hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.
7.5 Items left behind will only be forwarded on request and at cost. The hotel shall store items left behind for six months.

8 Final provisions
8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer are invalid.
8.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction – also for check and bill of exchange disputes – is the location of the hotel in commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
8.3 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.
8.4 Should individual provisions of these General Terms and Conditions 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.

German Hotel Association (IHA) e.V.