General Terms and Conditions for the Hotel Accommodation Contract

1 SCOPE OF APPLICATION

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other services and deliveries provided to the customer by the hotel in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

1.2 The subletting or further rental of the provided rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is excluded, insofar as the customer is not a consumer.

1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in advance.

2 CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS

2.1 The contracting parties are the hotel and the customer. The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in text form.

2.2 All claims against the hotel generally become statute-barred after one year from the statutory commencement of the limitation period. Claims for damages become statute-barred after five years depending on knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages become statute-barred after ten years regardless of knowledge. The limitation periods do not apply to claims based on intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

3.2 The customer is obliged to pay the prices agreed or applicable for the room rental and the further services used by him from the hotel. This also applies to services ordered directly by the customer or via the hotel, which are provided by third parties and advanced by the hotel.

3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Local charges owed by the guest under the respective municipal law, such as visitor’s tax, are not included. In case of changes to statutory VAT or the introduction, change or abolition of local charges on the service item after conclusion of the contract, the prices shall be adjusted accordingly. In contracts with consumers, this only applies if the period between conclusion of the contract and performance exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s service or the customer’s length of stay dependent on an increase in the price for the rooms and/or the other services of the hotel.

3.5 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 case of default of payment, the hotel is entitled to charge the statutory default interest currently 8% or, in transactions involving consumers, 5% above the base rate. The hotel reserves the right to prove higher damages. General Terms and Conditions for the Hotel Accommodation Contract.

3.6 The hotel is entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract, e.g. in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. Statutory provisions remain unaffected for advance payments or security deposits for package tours.

3.7 In justified cases, such as customer payment arrears or extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit according to the above clause 3.6 or an increase of the agreed advance payment or security deposit up to the full agreed remuneration, even after conclusion of the contract until the start of the stay.

3.8 The hotel is furthermore entitled to demand an appropriate advance payment or security deposit from the customer at the beginning and during the stay for existing and future claims from the contract, unless such payment has already been made according to the above clauses 3.6 and/or 3.7.

3.9 The customer may only offset or withhold payment against a claim of the hotel if the claim is undisputed or legally established.

4 CUSTOMER’S WITHDRAWAL (CANCELLATION, TERMINATION) / NON-USE OF HOTEL SERVICES (NO SHOW)

4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible if a withdrawal right has been expressly agreed in the contract, if there is any other statutory right of withdrawal or if the hotel expressly agrees to the termination of the contract. The agreement of a right of withdrawal and any consent to a contract termination shall be made in text form.

4.2 If a deadline for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or compensation claims of the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw to the hotel by the agreed deadline.

4.3 If no right of withdrawal has been agreed or has already expired, there is no statutory right of withdrawal or termination and the hotel does not agree to a contract termination, the hotel retains the claim to the agreed remuneration despite non-use of the service. The hotel shall offset the income from re-renting the rooms and the expenses saved. If the rooms are not rented to others, the hotel may calculate the deduction for saved expenses as a lump sum. The customer is free to prove that the above claim has not arisen or has not arisen to the demanded extent.

5 HOTEL’S WITHDRAWAL

5.1 If it has been agreed that the customer may withdraw free of charge from the contract within a certain period, the hotel is entitled to withdraw from the contract within this period if requests from other customers for the contractually booked rooms exist and the customer does not waive his right to withdraw within a reasonable period after inquiry by the hotel.

5.2 If an advance payment or security deposit agreed or demanded under clauses 3.6 and/or 3.7 is not made even after expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw extraordinarily from the contract for good cause, in particular if

• force majeure or other circumstances beyond the hotel’s control make performance of the contract impossible;
• rooms are booked under misleading or false information or concealment of essential facts; essential may be the identity of the customer, solvency or purpose of stay;
• the hotel has justified reason to assume that use of the service may jeopardize smooth business operations, safety or the hotel’s reputation in public, without this being attributable to the hotel’s sphere of control;
• the purpose or occasion of the stay is unlawful;
• there is a violation of clause 1.2 above.

5.4 The hotel’s justified withdrawal does not entitle the customer to claim damages.

6 ROOM AVAILABILITY, HANDOVER AND RETURN

6.1 The customer does not acquire any entitlement to the provision of certain rooms unless expressly agreed.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier provision.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. After that, the hotel may charge 50% of the full lodging price (list price) for use exceeding the contract until 6:00 p.m., and 90% after 6:00 p.m. This does not constitute a contractual claim by the customer. The customer is free to prove that no or a significantly lower claim to usage fee has arisen for the hotel.

7 HOTEL’S LIABILITY

7.1 The hotel is liable for damages caused by it due to injury to life, body or health. Furthermore, it is liable for other damages resulting from intentional or grossly negligent breach of duty by the hotel or from intentional or negligent breach of contractual duties typical for the contract. A breach of duty by a legal representative or vicarious agent of the hotel is equivalent to a breach by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. If disturbances or defects in the hotel’s services occur, the hotel will endeavor to provide remedy upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disturbance and to minimize possible damage.

7.2 The hotel is liable to the customer for items brought in according to statutory provisions. The hotel recommends using the hotel safe. If the guest wishes to deposit money, securities and valuables worth more than 800 euros or other items worth more than 3,500 euros, a separate safekeeping agreement with the hotel is required.

7.3 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and shipments for guests are treated with care. The hotel assumes responsibility for delivery, safekeeping and – upon request – forwarding of these items against payment. The hotel is liable only in accordance with the provisions of clause 7.1, sentences 1 to 4.

8 FINAL PROVISIONS

8.1 Amendments and supplements to the contract, acceptance of the application or these general terms and conditions must be in text form. Unilateral amendments or supplements by the customer are invalid.

8.2 Place of performance and payment as well as exclusive jurisdiction – also for disputes regarding checks and bills of exchange – is Freiburg im Breisgau in commercial traffic. If a contracting party meets the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction within Germany, Freiburg im Breisgau is deemed place of jurisdiction.

8.3 German law applies. The application of the UN Sales Convention and the conflict of laws is excluded.

8.4 Should individual provisions of these general terms and conditions be or become invalid or ineffective, this shall not affect the validity of the remaining provisions. Otherwise, statutory provisions shall apply.

Copyright of this contract lies with the IHA. It cannot guarantee the correctness, completeness and timeliness of the content.

General Terms and Conditions for the Hotel Accommodation Contract