General Terms and Conditions
I. Scope 1. These terms and conditions apply to contracts for the rental of: a) hotel rooms for accommodation of individual guests and travel groups, b) conference, banquet, and event rooms of the hotel for conducting events such as banquets, seminars, conferences, etc. (event customers), as well as all other services and deliveries provided by the hotel for the customer (individual guests, travel groups, and event customers). 2. The subletting or re-letting a) of rooms provided to individual guests and travel groups for purposes other than accommodation, or b) of rooms, spaces, or showcases provided to event customers, as well as invitations to job interviews, sales, or similar events, require the prior written consent of the hotel. 3. Terms and conditions of the customer that deviate from these General Terms and Conditions do not apply, even if the hotel does not expressly object to them, unless the hotel explicitly agrees to their validity in writing.
II. Contract Conclusion, Liability, Statute of Limitations 1. The contract is concluded by the acceptance of the application (confirmation) by the hotel to the customer. 2. The contracting parties are the hotel and the customer. If a third party has ordered for the customer, that party is liable to the hotel together with the customer as joint debtors for all obligations arising from the contract. 3. The hotel is liable for its obligations under the contract. This liability is limited in the non-typical service area to performance deficiencies that are due to intent or gross negligence on the part of the hotel. Event customers are obliged to inform the hotel in good time about the possibility of an unusually high damage occurrence. 4. The statute of limitations for all claims of the customer is 6 months. 5. This limitation of liability and short statute of limitations apply to the hotel also in the case of breaches of obligations during contract initiation and positive breaches of contract.
III. Services, Prices, Payment, and Set-Off 1. The hotel is obliged to keep the rooms or spaces booked by the customer and promised in writing by the hotel and to provide the agreed services. 2. The customer is obliged to pay the applicable or agreed prices of the hotel for the room or space provision and the further services used by them. This also applies to services and expenses of the hotel to third parties caused by the customer in connection with the event. 3. The agreed prices include the respective statutory VAT. If the period between contract conclusion and contract fulfillment exceeds 4 months and the price generally charged by the hotel for such services increases, the contractually agreed price may be increased appropriately, but by no more than 10%. 4. Prices may also be changed by the hotel if the customer subsequently wishes to change the number of booked rooms, the hotel’s services, or the length of stay or meeting duration and the hotel agrees to this. 5. Prices are quoted and agreed upon in euros. If other currencies are mentioned, this is solely for non-binding orientation based on the exchange rate valid at the time of publication. 6. Guest invoices are payable immediately in cash and net. Guest accounts are payable weekly. Invoices sent without a due date by prior credit agreement are payable within 10 days of receipt without deduction. The hotel is entitled to refuse foreign currencies, checks, and credit cards. The hotel is also entitled to declare accrued claims due at any time and to demand immediate payment. In case of payment default, the hotel is entitled to charge interest at 4% above the respective discount rate of the Deutsche Bundesbank. The customer retains the right to prove a lower, the hotel a higher, default damage. 7. The hotel is entitled to request an appropriate advance payment or security deposit at any time, considering the legal regulations for package tours. 8. The customer may only offset a claim of the hotel with an undisputed or legally binding counterclaim.
IX. Customer Withdrawal (Cancellation) A cancellation must always be made in writing to the hotel. 1. Individual guests and travel groups up to 4 people (see clause I.1.a) Cancellation up to 24 hours before arrival is free of charge. a) A withdrawal of the customer from the contract concluded with the hotel requires the hotel’s written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not use the contractual services. This does not apply in cases of default by the hotel or impossibility of performance for which the hotel is responsible. b) If a date for withdrawal from the contract has been agreed upon in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims of the hotel. If there is no case of default by the hotel or impossibility of performance for which the hotel is responsible, the customer’s right of withdrawal expires if they do not exercise this right in writing to the hotel by the agreed date. c) If the customer does not use the booked rooms, the hotel must offset the income from renting the rooms to others and the saved expenses. d) The hotel is free to lump-sum the damage incurred and to be reimbursed by the customer. The customer is then obliged to pay 90% of the contractually agreed price for overnight stays with breakfast, 70% for half-board, and 60% for full-board arrangements. The customer retains the right to prove that no damage occurred or that the damage incurred by the hotel is lower than the requested lump sum. 2. Group arrangements (from 5 people), conferences, and banquet events (see clause I.1.a) a) Subject to a different written agreement, the following conditions apply to cancellations or rebookings: Up to 31 days before arrival, cancellation is free of charge. From 30 days before arrival: 50% of the price of the agreed overnight stays From 10 days before arrival: 75% of the price of the agreed overnight stays From 09 days before arrival: 90% of the price of the agreed overnight stays. b) If the event organizer withdraws from the event 30 days before the event, the hotel is entitled to charge the agreed rental fee if it is no longer possible to rent the room to someone else. c) If the event organizer withdraws only 7 days or less before the event date, the hotel is entitled to charge 70% of the lost food revenue in addition to the agreed rental fee. d) The calculation of the food revenue is based on the formula (menu price/. banquet) x number of persons. If no price has yet been agreed for the menu, the cheapest 3-course menu of the current event offer will be used as a basis. e) Saved expenses according to b) and c) are thus compensated. The event organizer retains the right to prove lower, the hotel higher, damage.
X. Hotel Withdrawal 1. If a right of withdrawal of the customer within a certain period has been agreed upon in writing, the hotel is entitled to withdraw from this contract within this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive their right of withdrawal upon inquiry by the hotel. 2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a rejection threat, the hotel is entitled to withdraw from the contract. 3. The hotel is also entitled to withdraw from the contract for a materially justifiable reason, for example, if force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible; • rooms or events are booked with misleading or false information of essential facts, such as the organizer or the purpose; • the hotel has justified reason to believe that the use of the hotel’s services or the event may endanger the smooth business operations, security, or public reputation of the hotel, without this being attributable to the hotel’s domain or organization; • there is a violation of clause I.2. 4. The hotel must immediately inform the customer of the exercise of the right of withdrawal. 5. In the case of justified withdrawal by the hotel, the customer is not entitled to claim damages, unless there is intentional or grossly negligent behavior by the hotel.
XI. Provision, Handover, and Return of Rooms 1. The customer has no claim to the provision of specific rooms. 2. Booked rooms are available to the customer from 3 pm on the agreed arrival date; the customer has no claim to earlier provision. Unless a later arrival time has been expressly agreed, the hotel reserves the right to rent booked rooms to others after 6 pm. 3. On the agreed departure date, rooms must be vacated and made available to the hotel by 11 am at the latest. Thereafter, the hotel may charge 50% of the full room rate (list price) for additional use of the room until 6 pm, and 100% from 6 pm. The customer is free to prove to the hotel that no or significantly lower damage has been incurred.
VII. Hotel Liability 1. The hotel is liable with the due diligence of a prudent businessman. In the non-typical service area, this liability is limited to performance deficiencies, damages, consequential damages, or disruptions that are due to intent or gross negligence by the hotel. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to eliminate the disruption and keep any damage to a minimum. 2. The hotel is liable to the customer for items brought in according to the statutory provisions, i.e., up to a maximum of €3,000, as well as for money and valuables up to €760. Money and valuables can be stored in the hotel safe up to a maximum value of €3,000. The hotel recommends making use of this option. Liability claims expire if the customer does not immediately notify the hotel after becoming aware of the loss, destruction, or damage (§703 BGB). 3. The unlimited liability of the hotel is subject to the statutory provisions. 4. If the customer is provided with a parking space in the hotel garage or a hotel parking lot, even for a fee, this does not constitute a custody agreement. In case of loss or damage to vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable for intent or gross negligence. This also applies to the hotel’s vicarious agents. 5. Wake-up calls are executed by the hotel with the utmost care. Claims for damages are excluded. 6. Messages, mail, and merchandise deliveries for guests are handled with care. The hotel takes care of delivery, storage, and – upon request – forwarding the same for a fee. Claims for damages are excluded.
VIII. Special Conditions for Banquet Events 1. Changes in the number of participants and event time a) A change in the number of participants by more than 5% must be communicated to the banquet department no later than 5 working days before the start of the event; it requires the hotel’s consent. b) A reduction in the number of participants by a maximum of 5% will be recognized by the hotel when invoicing. In the case of deviations beyond this, the originally reported number of participants minus 5% will be used as the basis for billing. c) In the case of an increase, the actual number of participants will be charged. d) If the number of participants deviates by more than 10%, the hotel is entitled to adjust the agreed prices and exchange the confirmed rooms. e) If the agreed start and end times of the event are shifted without the prior written consent of the hotel, the hotel may charge additional costs for the provision of services, unless the hotel is at fault. 2. Technical Equipment and Connections a) If the hotel procures technical and other equipment from third parties for the organizer at their request, it acts in the name, on behalf, and at the expense of the organizer. The organizer is liable for the careful handling and proper return. They indemnify the hotel from all claims by third parties arising from the provision of these facilities. b) The use of the organizer’s own electrical systems using the hotel’s power network requires the hotel’s written consent. Any malfunctions or damage to the hotel’s technical equipment caused by the use of these devices are the responsibility of the organizer, unless the hotel is responsible. c) Malfunctions in the technical or other equipment provided by the hotel will be remedied immediately if possible. Payments cannot be withheld or reduced unless the hotel is responsible for these malfunctions. 3. Loss or Damage of Items Brought in a) Items for exhibition or other, including personal items, brought in are at the risk of the organizer in the event rooms or the hotel. The hotel assumes no liability for loss, destruction, or damage. b) Decorative material brought in must meet the fire safety requirements. The hotel is entitled to request an official proof. Due to possible damage, the installation and attachment of items must be agreed upon with the hotel in advance. c) Items for exhibition or other items brought in must be removed immediately after the event. If the organizer fails to do so, the hotel may remove and store them at the organizer’s expense. If the items remain in the event room, the hotel may charge room rent for the duration of their stay. The organizer retains the right to prove lower, the hotel higher, damage. 4. Organizer’s Liability for Damage a) The organizer is liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from their area, or themselves.
IX. Final Provisions 1. Amendments, changes, or additions to the contract, the acceptance of the application, or these terms and conditions must be in writing. Unilateral changes or additions by the customer (hotel guest or organizer) are invalid. 2. The place of performance and payment is the seat of the hotel or the operating company. 3. Exclusive jurisdiction – also for check and bill disputes – is in commercial transactions in Germany. 4. German law applies. 5. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions apply.