General Terms and Conditions
for Hotel Accommodation Contracts
I. Scope of Applicability
1. 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.
2. The prior written consent 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
§ 540, para. 1, sentence 2 German Civil Code is waived
insofar as the customer is not a consumer.
3. The customer's general terms and conditions
shall apply only if these are previously ex-pressly agreed
II. Conclusion of Contract, Parties, Liability,
Statute of Limitations
1. 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
2. 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 vis-à-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
3. Any claims against the hotel shall generally
be time-barred one year after the commence-ment of the general
statute of limitations dependent upon knowledge of §
199, para. 1 Ger-man Civil Code. Damage claims shall be time-barred
after five years, independent of knowl-edge. 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
1. The hotel is obligated to keep the rooms
reserved by the customer available and to render the agreed
2. The customer is obligated to pay the applicable
or agreed 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.
3. The agreed prices include applicable value-added
tax as required by law. If the period between conclusion and
fulfillment of the contract exceeds four months and if the
price gen-erally charged by the hotel for such services increases,
then the hotel may raise the contrac-tually agreed price to
a reasonable extent but not, however, by more than five percent.
4. Moreover, the hotel may change prices if
the customer later wishes to make changes in the number of
reserved rooms, the hotel's services, or the length of guests'
stay, and the hotel consents to such changes.
5. Hotel invoices not showing a due date are
payable and due in full within ten days of receipt. 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 percent or, with legal transactions
with a consumer, in the amount of 5 percent above the base
interest rate. The hotel reserves the right to prove greater
6. The hotel is entitled to require a reasonable
advance payment or security deposit upon conclusion of the
contract or thereafter, observing the legal provisions for
package tours. The amount of the advance payment and payment
dates may be agreed in writing in the contract.
7. The customer may only set-off or reduce
a claim by the hotel with a claim which is undis-puted or
decided with final, res judicata effect.
IV. Repudiation by Customer (Cancellation, Annulment)/Failure
to Use Hotel Services (No Show)
1. Cancellation by the customer of the contract
concluded with the hotel requires the hotel's written consent.
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 contractual services. This shall not apply with the breach
of obligation of the hotel to take into account the rights,
objects of legal protection and interests of the customer,
if holding to the contract is no longer reasonable or another
statutory or contractual cancellation right exists.
2. To the extent the hotel and customer agreed in writing
upon a date for a cost-free cancella-tion 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 writing vis-à-vis
the hotel by the agreed date, insofar as no case pursuant
to Nr. 1, sentence 3 supra exists.
3. If rooms are not used by the customer,
the hotel must apply credit for the income from renting the
rooms to other parties and also for saved expenses.
4. At its discretion, the hotel may demand
the contractually agreed compensation and to make a flat-rate
deduction for saved expenses. In this case, the customer is
obligated to pay 80 percent of the contractually agreed rate
for lodging with or without breakfast, 70 percent for room
and half-board, and 60 percent for room and full-board arrangements.
The customer is at liberty to show that the claim mentioned
above was not created or not created in the amount demanded.
5. If no date for a cost-free cancellation is given in the contract, the date ist 8 week before the first day of arrival, as agreed upon in the contract.
V. Repudiation by Hotel
1. To the extent that a right of cost-free
cancellation within a certain period was agreed in writing
for the customer, the hotel is entitled for its part to cancel
the contract during that pe-riod if there are inquiries from
other customers regarding the contractually reserved rooms
and the customer does not waive his right of rescission upon
inquiry thereof by the hotel.
2. If an agreed advance payment or an advance payment demanded
pursuant to Item III, Nr. 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.
3. Moreover, the hotel is entitled to effect
extraordinary cancellation of the contract for a materially
justifiable cause, e.g. if
o force majeure or other circumstances for
which the hotel is not responsible make it impossible to fulfill
o rooms are reserved with misleading or false
information regarding material facts, such as the identity
of the customer or the purpose;
o 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 attribut-able to the hotel's sphere of control
o there is a breach of the item I. Nr. 2
4. The customer can derive no right to compensation
from justified cancellation by the hotel.
VI. Room Availability, Delivery and Return
1. The customer does not acquire the right
to be provided specific rooms.
2. 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.
3. 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 percent of the full accom-modation rate (list
price) for the additional use of the room until 6:00 p.m.
(after 6:00 p.m.: 100 percent). The customer is at liberty
to show the hotel that it incurred no or much lesser claim
to use damages.
VII. Liability of the Hotel
1. The hotel is liable to exercise the duty
of care of an ordinary merchant with 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 injury to life, body or health and the hotel
is responsible for the breach of the obligation, other damage
which is caused from 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 employee. Should disruptions or defects
in the performance of the hotel occur, the hotel shall act
to remedy such upon knowledge thereof or upon objection without
undue delay by the customer. The customer shall be obliged
to undertake actions reason-able for him to eliminate the
disruption and to keep any possible damage at a minimum.
2. The hotel is liable to the customer for
property brought in to the hotel in accordance with the statutory
provisions, i.e., up to one hundred times the room rate, not
to exceed € 3,500 and up to € 800. For cash, securities
and valuables. 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 utilize this possibility.
Liability claims expire unless the customer notifies the hotel
immediately after gaining knowledge of the loss, destruction,
or damage (§ 703 German Civil Code). With regard to more
extensive liability of the hotel, Nr. 1, sentences 2 to 4
supra shall apply respectively.
3. 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 maneuvered on the
hotel's property, nor the contents thereof, excepting cases
of intent or gross negligence. Nr. 1, sentences 2 to 4 supra
shall apply respectively.
4. Wake-up calls are carried out by the hotel
with the greatest possible diligence.Messages, mail, and merchandise
deliveries for guests are handled with care. The hotel will
deliver, hold, and for a fee forward such items (on request).
Nr. 1, sentences 2 to 4 supra shall ap-ply respectively.
VIII. Final Provisions
1. Amendments and supplements to the contract,
the acceptance of applications, or these General Terms and
Conditions for Hotel Accommodation should be made in writing.
Unilat-eral amendments and supplements by the customer are
2. Place of performance and payment is the
location of the hotel's registered office.
3. In the event of dispute, including disputes
for checks and bills of exchange, the courts at the location
of the hotel's registered office shall have exclusive jurisdiction
for commercial trans-actions. Insofar as a contracting party
fulfills the requirements of § 38, para. 2 of the Ger-man
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 shall have jurisdiction.
4. 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 the conflict of laws are precluded.
5. Should individual provisions of these General
Terms and Conditions for Hotel Accommoda-tion be or become
invalid or void, the validity of the remaining provisions
shall remain unaf-fected thereby. The statutory provisions
shall also be applicable.