General terms and conditions for the hotel accommodation contract
I. Scope
1. These terms and conditions (hereinafter “GTC”) apply to hotel accommodation contracts (hereinafter “contract”) as well as all other services and deliveries provided by the hotel for the guest.
2. Deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, do not apply unless they are expressly recognized by the hotel in writing.
II. Conclusion of the contract
1. In response to a booking request from the guest, a contract is concluded with the corresponding booking confirmation from the hotel.
2. The contracting parties are the hotel and the guest. If a third party makes the booking for the guest, he is liable to the hotel as the customer together with the guest as joint debtor for all obligations under the contract. Regardless of this, every customer is obliged to forward all relevant information, in particular these terms and conditions, to the guest.
III. Services, prices, payment
1. The hotel is obliged to keep the rooms booked by the guest available in accordance with these terms and conditions and to provide the agreed services.
2. The guest is obliged to pay the applicable or agreed hotel prices for rooms provided and for other services used by him.
3. The agreed prices include the respective statutory value added tax.
4. Hotel bills are payable immediately upon receipt without deduction. In the event of default in payment, the hotel is entitled to charge default interest to consumers at the rate of 5% above the base rate and to charge default interest to business guests or customers at 8% above the base rate. The hotel can charge a reminder fee of € 5.00 for each reminder after the occurrence of default.
5. The hotel is entitled to request an appropriate advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date can be agreed in writing in the contract. The hotel is also entitled to make claims that have accrued during the guest’s stay due at any time by issuing an interim invoice and to demand immediate payment.
The guest can only offset an undisputed or legally established claim.
IV. Withdrawal by the guest, cancellation
The hotel grants the guest the right to withdraw at any time. The following provisions apply:
1. In the event that a guest withdraws from the booking, the hotel is entitled to appropriate compensation.
The hotel has the option of claiming a flat rate cancellation fee from the guest instead of a specifically calculated compensation. The cancellation fee is at least 80% of the contractually agreed price for all overnight stays. In individual cases, especially when booking overnight stays at trade fairs, a flat-rate cancellation fee of 100% to be agreed.
2. The above regulations on compensation apply accordingly if the guest does not use the booked room or the booked services without notifying us in good time. Special deadlines for a timely notification of the no-show can be agreed individually.
3. If the hotel has given the guest a period in the contract for timely withdrawal, the hotel is not entitled to any compensation if the withdrawal occurs within this period. The guest must declare the withdrawal in writing. The receipt at the hotel is decisive for the timeliness of the declaration of withdrawal.
V. Resignation of the hotel
1. If an agreed advance payment or security deposit is not made within a period set for this, the hotel is entitled to withdraw from the contract.
2. The hotel is also entitled to withdraw from the contract for an important reason.
3. The hotel must inform the guest immediately in writing of the exercise of the right of withdrawal.
4. In the aforementioned cases of withdrawal, the guest has no right to compensation.
VI. Arrival and departure 1. The guest is not entitled to the provision of certain rooms unless the hotel has confirmed the provision of certain rooms in writing.
Booked rooms are available to the guest from 12:00 p.m. on the agreed arrival date. The guest is not entitled to earlier availability.
2. Booked rooms must be occupied by the guest by 4:00 p.m. on the agreed arrival date at the latest. Unless a later arrival time has been expressly agreed, the hotel has the right to reassign booked rooms after 4 p.m. without the guest being able to derive any claims for compensation. The hotel has the right to withdraw from the contract
3. Rooms must be vacated and made available to the hotel no later than 11.00 am on the agreed departure date. Thereafter, the hotel can charge the full daily room rate for the additional use of the room up to 6 p.m. in addition to the damage it incurs.
VII. Hotel liability, statute of limitations
1. If the guest culpably fails to notify the hotel of a defect, there is no entitlement to a reduction in the contractually agreed fee.
2. The hotel is only liable for other damage caused by slight negligence if this can be traced back to the breach of an essential contractual obligation in a manner that endangers the purpose of the contract. In these cases, liability is limited to the foreseeable damage typical of the contract.
3. In the case of other damage, the hotel’s liability for each individual case of damage and all cases of damage arising from and in connection with the contractual services is limited to an amount of max. € 500,000 for property damage and a max. € 100,000 limited for financial losses.
4. The above limitations of liability apply to all claims for damages regardless of their legal basis, including claims from tort. The above limitations of liability also apply in cases of possible claims for damages by a guest against employees or agents of the hotel.
5. The hotel is liable to the guest for items brought in according to the statutory provisions. For valuables, this liability is limited to € 800.00. Money and valuables that are kept in the hotel safe are insured up to a maximum value of € 5,000.
6. The liability claims expire if the guest does not report the hotel immediately after becoming aware of the loss, destruction or damage.
7. Claims for damages by the guest expire no later than two years from the point in time at which the guest becomes aware of the damage, or regardless of this knowledge, no later than three years from the point in time of the damaging event. This does not apply to liability for damage to life, limb or health as well as for other damages based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.
VIII. Final provisions
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of fulfillment and payment is the seat of the hotel.
3. The exclusive place of jurisdiction – also for check and bill of exchange disputes – is the seat of the hotel in commercial transactions or, at the discretion of the hotel, Frankfurt am Main. If a contractual partner does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office. The hotel is, however, entitled to bring legal action and other legal proceedings to the general place of jurisdiction of the guest.
4. The law of the Federal Republic of Germany applies.
5. Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
Status: May 2005