General Terms and Conditions (GTC)

I. Scope of Application

1. These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation purposes, as well as all related services and supplies provided to the customer by the operating company with which the accommodation contract is concluded (hereinafter referred to as “the Hotel”). The term “accommodation contract” includes and replaces the following terms: lodging, guest accommodation, hotel, or hotel room contract.
2. The subletting or further letting of the provided rooms, as well as their use for purposes other than accommodation, require the prior written consent of the Hotel. Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) does not apply if the customer is not a consumer.
3. General terms and conditions of the customer do not apply unless expressly agreed upon in writing by the Hotel.

II. Contract Conclusion and Contracting Parties

1. The contract is concluded through offer and acceptance. The declaration of intent by the Hotel must be in text form.
2. Contracting parties are the Hotel and the customer.
3. All claims against the Hotel generally become time-barred one year from the statutory start of the limitation period. This does not apply to claims for damages or other claims based on the Hotel’s intentional or grossly negligent breach of duty.

III. Services, Prices, Payment, Offsetting

1. The Hotel is obliged to hold the rooms booked by the customer ready and to provide the agreed services.
2. The customer is obliged to pay the applicable or agreed prices of the Hotel for the room provision and any other services utilized in the Hotel’s local currency. This also applies to services ordered directly by the customer or through the Hotel and provided by third parties, which are paid in advance by the Hotel. Additional costs incurred because the customer fulfills their payment obligation in a currency other than the Hotel’s local currency will be charged to the customer and must be borne by them.
3. The agreed room rates become due no later than at check-in, and payment for additional services utilized becomes due no later than upon the customer’s departure. Any advance payments made in accordance with paragraphs 6 to 8 will be credited towards the total amount owed.
4. The agreed prices include taxes and local charges valid at the time of contract conclusion. Local charges owed by the customer under municipal law, such as a visitor’s tax, are not included. In the event of changes to the statutory VAT or the introduction, modification, or elimination of local charges on the subject matter of the contract after the conclusion of the contract, prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between contract conclusion and contract fulfillment exceeds four months.
5. The Hotel may condition its approval of a subsequent reduction in the number of booked rooms, Hotel services, or the customer’s stay duration on an increase in the price for the rooms and/or other Hotel services.
6. Invoices of the Hotel without a due date are payable within ten days of receipt without deduction. The Hotel may demand immediate payment of due claims from the customer at any time. In the event of payment default, the statutory provisions apply. For each reminder after default occurs, the Hotel may charge a reminder fee of €4.50, unless the customer proves that the Hotel has incurred no damage or a substantially lower amount of damage. The Hotel reserves the right to prove higher damages and claim compensation accordingly, taking into account the reminder fee already incurred.
7. The Hotel is entitled, at the time of contract conclusion, to demand a reasonable advance payment or security deposit, such as a credit card guarantee. The amount of the advance payment and the payment dates may be agreed upon in text form in the contract. For advance payments or security deposits for package tours, statutory provisions remain unaffected. In the event of the customer’s payment default, statutory provisions apply.
8. In justified cases, such as the customer’s payment default or contract scope expansion, the Hotel is entitled to demand an advance payment or security deposit, or an increase of the advance payment or security deposit agreed upon in the contract, up to the full agreed remuneration, even after the conclusion of the contract and until the beginning of the stay.
9. The Hotel is further entitled to demand a reasonable advance payment or security deposit from the customer for existing and future claims arising from the contract, either at the start or during the stay, provided no such payment has already been made.
10. The customer may only offset claims against the Hotel’s claims if the claims are undisputed or legally established.

IV. Customer’s Right of Withdrawal (Cancellation)

1. The customer’s withdrawal from the contract with the Hotel is only possible if a withdrawal right has been expressly agreed upon in the contract, if a statutory withdrawal right exists, or if the Hotel expressly agrees to terminate the contract in text form. Any agreement on a withdrawal right or the Hotel’s consent to contract termination must be in text form.
2. If a withdrawal deadline has been agreed upon between the Hotel and the customer, the customer may withdraw from the contract until that date by providing a declaration in text form without triggering any payment or damage compensation claims by the Hotel. The customer’s withdrawal right expires if it is not exercised by the agreed deadline. The timing of receipt of the declaration by the Hotel is decisive.
3. If no withdrawal right has been agreed upon or has already expired, and the Hotel does not agree to contract termination, the Hotel retains the claim to the agreed remuneration despite the customer not utilizing the service.

V. Hotel’s Right of Withdrawal

1. If it has been agreed that the customer may withdraw from the contract within a certain period, the Hotel is entitled to withdraw from the contract during this period if inquiries from other guests regarding the contractually booked rooms are received and the customer does not waive their withdrawal right in text form upon the Hotel’s inquiry within an appropriate deadline.
2. If an agreed or requested advance payment or security deposit as per Section III Paragraph 6 or 7 is not provided, even after a reasonable deadline set by the Hotel has passed, the Hotel is also entitled to withdraw from the contract.
3. The Hotel is further entitled to withdraw from the contract for objectively justified reasons, particularly if:
   • Force majeure or other circumstances beyond the Hotel’s control make the contract fulfillment impossible;
   • Rooms or facilities are booked under misleading or false information or concealment of essential facts (e.g., the customer’s identity, solvency, or purpose of stay);
   • The Hotel has justified cause to believe that the utilization of services may endanger the smooth operation of the Hotel, safety, or public reputation of the Hotel without being attributable to the Hotel’s domain of responsibility;
   • The purpose or reason for the stay is unlawful;
   • Rooms are used for purposes other than accommodation without prior approval in text form, especially for commercial purposes like photography or filming for publication;
   • There is a violation of Section I Paragraph 2.
4. The justified withdrawal of the Hotel does not entitle the customer to claims for damages.

VI. Rooms Availability, Handover and Return

1. The customer has no claim to the provision of specific rooms unless expressly agreed upon in the contract.
2. Booked rooms are available to the customer from 3:00 PM on the agreed day of arrival. The customer has no claim to earlier availability.
3. Smoking is strictly prohibited in all hotel rooms. A violation of this rule will result in a cleaning fee of €250 unless the customer can prove that the Hotel incurred no damage or a significantly lower amount of damage.
4. On the agreed day of departure, rooms must be vacated and made available to the Hotel by 11:00 AM. If the room is vacated after this time, the Hotel may charge 50% of the full accommodation price (list price) for use of the room up to 6:00 PM and 90% of the full accommodation price after 6:00 PM. The customer retains the right to prove that the Hotel incurred no damage or a substantially lower amount of damage.
5. For fire safety reasons, the use of open flames, heating appliances, or other high-powered electrical devices in hotel rooms is prohibited.

VII. Hotel Liability

1. The Hotel is liable for damages arising from injury to life, body, or health, as well as for other damages resulting from an intentional or grossly negligent breach of duty by the Hotel. In cases of minor negligence, the Hotel is liable only for breaches of essential contractual obligations, and liability is limited to typical foreseeable damages.
2. For items brought into the Hotel, liability is governed by statutory provisions (§§ 701 et seq. BGB). The Hotel recommends the use of the room safe or the Hotel’s central safe. Liability for valuables exceeding €800 (cash, securities, etc.) or €3,500 (other items) requires a separate storage agreement.
3. If the customer is provided with a parking space in the Hotel’s parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to vehicles parked or maneuvered on the Hotel’s property and their contents, the Hotel is only liable for intent or gross negligence.
4. Wake-up services are performed with great care. Messages, mail, and merchandise deliveries for guests are handled with care. The Hotel will deliver, store, and – upon request – forward such items for a fee. Claims for damages, except in cases of intent or gross negligence, are excluded.

VIII. Customer Liability

1. The customer is obliged to treat the Hotel’s inventory and property with care and to report any damage caused immediately.
2. The customer is liable for damages caused by themselves, their companions, or visitors, whether intentionally or negligently. If the Hotel has a credit card on file as a guarantee, it is entitled to charge it immediately in the event of any damage incurred. The guest retains the right to prove that a lesser amount of damage was caused. The damages include, for example:
   • Damage to furnishings or fixtures;
   • Excessive soiling requiring special cleaning;
   • Loss of revenue if damages result in room closures.
3. If unauthorized individuals stay overnight in the customer’s room, or if unauthorized events are held, the Hotel is entitled to charge a penalty fee of up to €2,000. The customer retains the right to prove that the Hotel incurred no damage or a substantially lower amount of damage.

IX. Group Travel and Supervision Obligations

1. For group bookings, the customer is responsible for ensuring compliance with the contract. This includes appointing responsible supervisors for the group, especially for minors.
2. Supervisors must ensure that the group adheres to the Hotel’s rules, including the prohibition of alcohol consumption by minors. Any violations of these obligations may result in the cancellation of the accommodation contract or additional charges.

X. Final Provisions

1. Amendments or additions to the contract, the acceptance of applications, or these General Terms and Conditions must be made in text form. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the location of the Hotel. The exclusive place of jurisdiction for commercial transactions is the Hotel’s registered location. For consumers, the place of jurisdiction is determined by statutory provisions.
3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of law rules are excluded.
4. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected. Statutory provisions apply in all other respects.

Last updated: June 1, 2019