General Terms and Conditions for the Hotel Accommodation Agreement

I. Scope
1 These Terms and Conditions of Business apply to contracts for the rental of hotel rooms for accommodation purposes as well as all other services and deliveries provided by the hotel for the customer.

2. subletting or subletting of the rooms provided and their use for purposes other than lodging require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not the consumer. 

3. the customer's terms and conditions shall only apply if this has been expressly agreed in writing beforehand.

II Conclusion of Contract, Contract Partner; Statute of Limitations
1. the contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room reservation in writing.

The contracting parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, the customer is liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration by the third party.

All claims against the hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. services, prices, payment, set-off
1 The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.

2. the customer is obligated to pay the hotel's applicable or agreed prices for the provision of the room and the additional services used by the customer. This shall also apply to the hotel's services and expenses to third parties caused by the customer.

3. the agreed prices include the respective statutory value-added tax. If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but not by more than 5%.

Prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel's services or the length of stay of guests and the hotel agrees to such changes.

5. hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled at any time to declare accrued claims due and to demand immediate payment. In the event of default in payment, the hotel is entitled to charge the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.

6. the hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the dates of payment may be agreed in writing in the contract.

7. the customer may only offset or reduce a hotel's claim against a hotel's claim if the claim is undisputed or legally binding.

IV. Rescission by the customer (i.e. cancellation) / non-use of the hotel's services
1. the customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract is payable even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the hotel's obligation to take account of the customer's rights, legal interests and interests if the customer can no longer be reasonably expected to adhere to the contract as a result or if the customer has any other statutory or contractual right of rescission.

If the hotel and the customer have agreed in writing on a date for cost-free withdrawal from the contract, the customer may withdraw from the contract until that date without incurring payment or damage compensation claims by the hotel. The customer's right of rescission expires if he does not exercise his right of rescission in writing to the hotel by the agreed date, unless a case of rescission by the customer pursuant to No. 1 sentence 3 exists. 

3. the cancellation conditions for confirmed reservations are as follows:

- Cancellations up to 31 days before arrival 15 % of the agreed price
- Cancellations up to 4 days before arrival 40 % of the agreed price
- Cancellations less than 4 days Translated with (free version)