General Terms and Conditions
Guest accommodation contract (accommodation contract)
Rights and obligations for guests and hosts
- These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
2. Conclusion of contract, contractual partner, statute of limitations
- The guest accommodation contract is concluded as soon as the room has been booked and confirmed or, if confirmation was no longer possible due to time constraints, made available.
Whenever a guest accommodation is bindingly agreed, whether by telephone, verbally, in writing, by fax, by e-mail or on the Internet, an accommodation contract is concluded. It is expressly pointed out that verbal agreements with the guest are also legally binding.
- The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he and the customer are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract.
- All claims against the hotel become statute-barred one year from the start of the statutory limitation period. Claims for damages become statute-barred after five years regardless of knowledge.
3. Services, prices, payment, offsetting
- The conclusion of the guest accommodation contract obliges the contracting parties to fulfill the contract – regardless of the duration of the contract.
- The hotel is obliged to provide the rooms booked by the customer and to provide the agreed services.
- The customer is obliged to pay the hotel’s agreed or applicable prices for rooms provided and for other services used by him. This also applies to services and expenses of the hotel to third parties initiated by the customer. The agreed prices include the respective statutory value added tax.
- Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to demand the applicable statutory default interest.
- Das Hotel ist berechtigt, bei Vertragsabschluß oder zu Beginn und während des Aufenthalts vom Kunden eine angemessene Vorauszahlung oder Sicherheitsleistung zu verlangen.
4. Withdrawal by the customer (cancellation, cancellation) / failure to use the hotel’s services (no show)
- The guest cannot withdraw from a binding accommodation contract free of charge for reasons of personal or other hindrance (illness, death, no vacation, bad weather, etc.) (§ 537 BGB).
- There is basically no right of withdrawal free of charge.
- In the event that the contractual services are not used, the guest is obliged to pay the agreed customary price, minus the expenses saved by the hotelier. The savings amount to 20 percent of the room rate for guest rooms and 10% of the room rate for holiday apartments.
- If the guest does not appear, if he arrives later than agreed or if he leaves earlier, he is still obliged to pay in full minus the saved expenses of 20% during the entire agreed period of stay.
- The hotelier is required in good faith to re-allocate unused rooms if possible in order to avoid failures.
- Until the room is otherwise assigned, the guest must pay the amount calculated in accordance with Section 4 for the duration of the contract.
- The income from other occupancy must be taken into account. If other occupancy is not possible, the accommodation provider retains the right to remuneration.
5. Resignation of the hotel
- Der Hotelier ist verpflichtet, bei Nichtbereitstellung des Zimmers für mindestens gleichwertigen Ersatz zu sorgen.
- The hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
- Rooms are booked with misleading or false information about essential facts, e.g. the person of the customer or the purpose of his stay
- the hotel has justified cause to assume that the use of the hotel service can endanger the smooth business operations, the security or the reputation of the hotel in public.
- The hotelier can give extraordinary notice to the guest in the event of use of the accommodation contrary to the contract (e.g. smoking in a non-smoking room, annoyance to other guests through noise or alcoholism, damage to facilities, etc.)
6. Room availability, room handover and room return
- The customer does not acquire the right to be provided specific rooms.
- Booked rooms are available to the customer from 2 p.m. to 6 p.m. on the agreed arrival date. The customer has no right to earlier availability. If the customer arrives later than 6 p.m., the hotel asks for information. Unless a later arrival time has been agreed, the hotel reserves the right to reassign reserved rooms after 6 p.m. – in order to save the guest a possible cancellation fee.
- On the agreed departure date, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest, unless a later departure time has been agreed. Thereafter, due to the late vacating of the room, the hotel can charge appropriate fees for its use beyond the contract.
7. Final provisions
- Changes or additions to the contract or these general terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
- The place of fulfillment and payment is the seat of the hotel.
- The place of business is the exclusive place of jurisdiction.
- German law applies. The application of the UN sales law and the conflict of laws is excluded.
- Should individual provisions of these general terms and conditions for the hotel accommodation contract be ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.