Scope of application
- These terms and conditions apply to contracts relating to the rental of rooms for the purposes of accommodating guests and to all other associated deliverables and services provided by the hotel.
Contract conclusion, parties, liability
- The contract is concluded as a result of the hotel accepting the client’s application. The hotel is at liberty to confirm the room reservation in writing.
- Contracting parties are the hotel and the client. If a third party makes the booking on behalf of the client, it shall be jointly and severally liable towards the hotel together with the client for all obligations arising from the hotel accommodation contract, providing the hotel has received a corresponding statement to that effect from the third party.
- The guest does not acquire any entitlement to the provision of particular rooms. Should rooms that have been agreed upon not be available, the hotelier is obliged to endeavour to provide equivalent alternatives in the hotel itself or in other properties.
The hotel is liable for fulfilling its obligations arising out of the contract. Except for services that are typically rendered, this liability is limited to performance shortcomings, which can be attributed to wilful intent or gross negligence on the part of the hotel.
Provision and return of rooms
- Guests does not acquire any entitlement to the provision of certain rooms, unless the hotel has confirmed the provision of a particular room in writing.
- Guests may occupy the rooms they have reserved from 2pm onwards; they are not entitled to check into their rooms earlier. Unless a later arrival time has been expressly agreed, the hotelier reserves the right to allocate the reserved room to other guests after 6pm, if the guest concerned has not informed the hotel that they will be arriving later.
- Rooms must be vacated by no later than 11am on the day of departure.
Deliverables, prices, payment
- The hotel is obliged to provide the services ordered by the guest and confirmed by the hotel.
- The guest is obliged to pay the prices agreed with the hotel for the provision of those services.
- The agreed prices include statutory value-added tax. Changes to the pro-rata rate of VAT are to be borne by the client, irrespective of the contract conclusion date.
- If the period between contract conclusion and service provision exceeds 120 days, the hotel reserves the right to amend its prices without prior notification.
- Individual guests – invoices are to be paid immediately in cash or by credit card without any further deductions on departure. The following credit cards are accepted for this purpose: American Express, Diners Club, Mastercard and Visa.
- The hotel is entitled to require prepayment of a reasonable amount at any time. The amount of the prepayment and the payment deadlines can be agreed in writing in the contract.
- Vouchers issued by the hotel will only be accepted, if the original is presented in the hotel. Non-prepaid vouchers may not be redeemed. The value of the voucher always corresponds to the value on the date of issue; price discrepancies resulting from price increases / hotel package modifications may occur.
- Vouchers issued by tour operators will only be accepted, if the hotel has a credit agreement with the company in question or if the corresponding prepayments have been made. Guests are not able to claim refunds on services to which a voucher entitles them, but which they have not utilised.
Claims and rights arising from agreements made with the hotel may only be assigned to third parties with the consent of the hotelier.
Withdrawal by the hotel
- If prepayment is not made even after expiry of a reasonable deadline set by the hotel and that involves the threat of repudiation, the hotel is entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if
- force majeure or other circumstances, for which the hotel is not responsible, make performance of the contract impossible
- if the facilities, spaces or rooms provided are sublet by the event organiser or guest without the prior written consent of the hotel.
- The hotel must notify the guest without delay of its intention to exercise its right of withdrawal.
- The guest is not entitled to claim damages against the hotel, unless the hotel has acted wilfully or in a grossly negligent manner.
Withdrawal by the individual guest
- In the event that the guest is unable to utilise the contractually agreed services and cancels within 14 days of their scheduled arrival, they are obliged to pay 80 per cent of the agreed or customary price, irrespective of the reason preventing them from staying at the hotel.
- The hotelier shall undertake in good faith to reallocate any non-utilised rooms as best they can, in order to avoid losses or shortfalls.
- The guest is obliged to pay the agreed price for the duration of the contract until the room can be reallocated.
Loss of or damage to property that guests bring with them
- The hotel’s liability for personal property that guests bring with them is governed by statutory provisions, i.e. up to 100 times the room rate, however not exceeding a maximum of € 3,000. As far as valuables (jewellery, cash...) are concerned, this liability is limited to € 750. Cash and valuables that are stored in the hotel’s safe are insured up to € 25,000. Any personal property that the guest brings with them is on the hotel’s premises at the guest’s risk. The hotel is not liable for loss, destruction of or damage to the guest’s personal property, unless it has acted in a grossly negligent or wilful manner.
- Any personal property that the guest brings with them must comply with fire safety regulations. The hotel is entitled to require a relevant official permit to be submitted.
- Any items that guests bring with them must be removed without delay on departure. Should the guest not comply with this requirement, the hotel is entitled to have the items removed and put into storage at the guest’s expense. If the items remain in the hotel, it is entitled to charge a fee for the period those items remain on the hotel’s premises. The hotel then reserves the right to provide proof that the loss it incurred was higher, while the guest shall provide proof that the hotel’s loss was lower than the fee charged.
The hotel is also not liable for damage resulting from parking vehicles in the hotel’s parking area, even if usage of the parking area is explicitly flagged or a parking fee is charged. This does not apply if the hotel or its vicarious agents act in a grossly negligent manner or with wilful intent.
- The guest is liable for any damage to the building or inventory caused by them or by other associated third parties.
- The hotel may require the guest to lodge reasonable sureties (insurance policies, deposits, guarantees).
- Wake-up calls: the hotel shall make every effort to provide a wake-up call service that meets guests’ requirements. Claims for damages resulting from a failure to make a requested call will however not be accepted.
- Mail and consignments of goods: messages, mail and consignments of goods addressed to guests are handled with care. The hotel shall undertake the safekeeping, delivery and, if requested, the forwarding of the said items. However, liability for loss, delay or damage will not be accepted.
- Lost property: any items that the guest leaves behind in the hotel shall only be forwarded on request and at the risk and expense of the guest. The hotel undertakes to store such items for 6 months. After this period the items shall be handed over to the local lost property office, if they are of apparent value.
- In the case of events, alterations or amendments to the contract, to the request acceptance or to these general terms and conditions must be made in writing. Unilateral alterations or amendments by the event organiser are not valid.
- The place of performance and payment is the hotel’s registered office.
- Sole place of jurisdiction in relation to commercial transactions, including disputes involving cheques and bills of exchange, is the hotel’s registered office. If one contracting party meets the precondition stipulated in § 38 Par. 1 ZPO (German Code of Civil Procedure) and has no place of general jurisdiction in Germany, the hotel’s registered office shall be deemed the place of jurisdiction.
- German law applies.
- Should any specific terms contained in these General Terms and Conditions for individual guests be invalid or void, this does not affect the validity of the remaining terms. Furthermore, statutory provisions apply.
Mandatory information in accordance with Regulation (EU) No. 524/2013 of the European Parliament and Council:
Link to the website of the European Commission’s Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr. We are available to answer any initial questions about possible dispute resolution that you may have at email@example.com.