General Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS
1. SCOPE OF APPLICABILITY
- These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel to the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
- The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.
- The customer’s general terms and conditions shall apply only if these are previously expressly agreed.
2. CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
- he hotel and the customer are the contracting parties. The contract shall come into force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm the room reservation in written form.
- Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. This shall neither apply to damage claims nor to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
3. SERVICES, PRICES, PAYMENT, SET-OFF
- The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
- The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel dis-burses.
- The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, such as visitor’s tax. If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.
- The hotel can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.
- Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of due debt from the customer. The statutory rules concerning the consequences of default of payment apply. The hotel reserves the right to prove greater damage.
- The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours. The statutory rules concerning the consequences of default of payment apply.
- In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
- Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit with-in the meaning of the abovementioned No. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 3.7.
- The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
- It is not permitted to bring your own food and drink. However, in special cases an agreement can be reached with the hotel regarding this, which requires written form. In this case the hotel is entitled to charge a service fee, a corkage fee or a fee for clearing food. An exception to this is baby food, which we will be happy to warm up for you, as well as food proven to be required for specific health reasons.
4. WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/ FAILURE TO USE HOTEL SERVICES (NO SHOW)
- The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written from.
- Insofar as the hotel and customer have agreed upon a date for a cost-free with-drawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
- If a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract the agreed hotel services shall be paid regardless of whether the customer avails himself of the contractual services. The hotel must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the hotel. In this case, the customer is obligated to pay at least 90% of the contractually agreed rate for lodging with or without breakfast as well as all-inclusive arrangements with contracted services, 70% for half-board and 60% for full-board arrangements. The customer is entitled to prove that the above-mentioned claim has not accrued at all or has not amounted to the demanded sum.
5. WITHDRAWAL OF THE HOTEL
- Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.
- If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.
- Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract impossible;
- rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;
- the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
- the purpose or the cause of the stay is illegal;
- there is a breach of the above-mentioned No. 1.2.
- The justified withdrawal by the hotel constitutes no claims for damages for the customer.
6. ROOM AVAILABILITY, DELIVERY AND RETURN
- The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.
- Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
- Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, up to 6:00 pm 50% of the full accommodation rate falls due. From 6:00 90%. Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.
7. LIABILITY OF THE HOTEL
- The hotel is liable for harm inflicted on life, limb and physical health for which it is responsible. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 7. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
- The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.
- Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof only pursuant to the preceding No. 7.1, sentences 1 to 4.
- Wake-up calls are carried out by the hotel with the greatest possible diligence. Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. 7.1, sentences 1 to 4.
8. LIABILITY OF THE CONTRACTUAL PARTNER – IN PARTICULAR SMOKING BAN/BAN ON THE USE OF E-CIGARETTES
- There is a complete smoking ban throughout the hotel and in particular in all rooms of the hotel, unless the room is designated as a “smoking room” or specific smoking areas are signposted. The smoking ban covers both standard cigarettes and E-cigarettes, which merely “vape”. The guest (contractual partner of the hotel) is responsible for ensuring that this ban is observed by third parties. All areas and rooms are connected to a central fire alarm system via smoke detectors. In the event of a fire alarm triggered by the prohibited use of E-cigarettes the costs directly incurred as a result, such as the fire service operations or the subsequent costs for restoring the operability of the fire alarm system, shall be borne solely by the guest, to the extent that the guest has culpably triggered the fire alarm.
9. FINAL PROVISIONS
- Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.
- For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is [Please enter location, either that of the hotel or the registered office of the company operating the hotel]. Insofar as a contracting party fulfils the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at [Please enter location, either that of the hotel or the registered office of the company operating the hotel] shall have exclusive jurisdiction.
- The contract is governed by German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
- Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.
GENERAL TERMS AND CONDITIONS FOR EVENTS (AGBV 6.0)
1.1 These Terms and Conditions shall apply to contracts for the rental of conference, banquet and event rooms of the hotel for the staging of events such as banquets, seminars, conventions, exhibitions and presentations, etc., as well as all other services and supplies provided by the hotel to the customer in this context.
1.2 The subletting or reletting of the rooms, areas or showcases provided as well as invitations to job interviews, sales- or similar events require the prior consent of the hotel in writing, whereby the right of termination pursuant to § 540 (1) sentence 2 BGB [German Civil Code] is waived.
1.3 The customer’s General Terms and Conditions shall only apply if this has been expressly agreed in writing.
2 CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIABILITY
2.1 The contracting parties are the hotel and the customer. The contract is concluded upon acceptance of the customer’s request by the hotel. The hotel is at liberty to confirm the booking of the event in writing.
2.2 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical of the contract by the hotel. Typical contractual obligations are those obligations that make the proper performance of the contract possible in the first place, and on the performance of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages, unless otherwise provided for in Clause 9, are excluded. In the event of disruptions or defects in the hotel’s services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum. In addition, the customer is obliged to inform the hotel in good time of the possibility of an extraordinarily high loss.
3 SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for these and other services used. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel. In particular, this also applies to claims of copyright collecting societies.
3.3 If a minimum turnover has been agreed and this is not achieved, the hotel may demand 60 % of the difference as loss of profit, unless the customer proves a lower loss, or the hotel proves a higher loss.
3.4 The agreed prices include the taxes applicable at the time of conclusion of the contract.
In the event of a change in the statutory value added tax after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and performance of the contract exceeds four months.
3.5 If payment on account has been agreed, payment shall be made within fourteen days of receipt of the invoice without deduction, unless otherwise agreed.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the event of default of payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract and up to the start of the event, to demand an advance payment or provision of security within the meaning of Clause 3.6 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
3.8 The customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.
3.9 The customer agrees that the invoice may be sent to them by electronic means.
4 WITHDRAWAL ON THE PART OF THE CUSTOMER (CANCELLATION)
4.1 A cost-free unilateral cancellation by the customer of the contract concluded with the hotel is only possible if a right to cancel the contract free of charge has been expressly agreed in the contract or a legal right to cancel free of charge exists.
4.2 If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel. The customer’s right to withdraw from the contract shall expire if they fail to exercize this right in writing vis-à-vis the hotel by the agreed date.
4.3 If a right of withdrawal pursuant to Clause 4.1 has not been agreed or has already expired and if there is also no statutory right to dissolve the contract free of charge, the hotel shall retain the claim to the agreed remuneration pursuant to Clauses 3.3, 4.4, 4.5 and 4.6 despite the non-utilization of the service. The hotel shall take into account the income from other rentals and the expenses saved. The expenses saved in each case may be set off as a lump sum, in the case of individually stated rental prices in the amount of 10 %, otherwise in accordance with Clauses 3.3, 4.4, 4.5 and 4.6. The customer shall be at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim was incurred.
5 WITHDRAWAL ON THE PART OF THE
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked event rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. This shall apply mutatis mutandis in the event of an option being granted if other enquiries are received and the customer is not prepared to make a firm booking after being asked by the hotel to do so within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract
events or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay
the hotel has reasonable grounds to assume that the event may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organization
the purpose or reason for the event is unlawful
there is a breach of Clause 1.2
5.4 The justified withdrawal on the part of the hotel shall not give rise to a claim for damages on the part of the customer. Should the hotel have a claim for damages against the customer in the event of a withdrawal pursuant to Clause 5.2 or 5.3 above, the hotel shall be entitled to make a lump-sum payment for such damages. Clauses 4.3 to 4.6 shall apply accordingly in this case.
6 CHANGES TO THE NUMBER OF PARTICIPANTS AND THE EVENT TIME
6.1 The hotel must be notified of an increase in the number of participants by more than 5 % no later than five working days before the start of the event.
6.2 In the event of downward deviations in the number of participants from the number ultimately notified, a maximum of 5 % will be taken into account and used as the basis for settlement; downward deviations in excess of this cannot be taken into account and shall be at the expense of the organizer.
6.3 If the agreed start or end times of the event change and the hotel agrees to these deviations, the hotel may charge appropriately for the additional services provided, unless the hotel is at fault.
7 BRINGING FOOD AND DRINK
As a rule, the customer may not bring food and beverages to events. Exceptions require an agreement in writing with the hotel. In these cases, an appropriate contribution to cover overhead costs will be charged.
8 TECHNICAL FACILITIES, CONNECTIONS AND OTHER EQUIPMENT
8.1 Insofar as the hotel procures technical facilities, connections and/or other equipment from third parties for the customer at the customer’s instigation, it shall act in the name of, on the authority of and for the account of the customer.
The customer shall be liable for the careful handling and proper return of the equipment. The customer shall indemnify the hotel against all claims of third parties arising from the provision of such equipment.
8.2 The use of the customer’s own electrical equipment using the hotel’s power supply system requires the hotel’s consent. Any malfunctions or damage to the hotel’s technical equipment caused by the use of such equipment shall be borne by the customer insofar as the hotel is not responsible for such malfunctions or damage.
8.3 With the hotel’s consent, the customer is entitled to use his own telephone-, fax- and data transmission facilities. The hotel may charge a connection fee for this.
8.4 The customer shall obtain any official permits required for the event in good time and at his own expense. The customer shall be responsible for compliance with public law requirements and other regulations.
8.5 The customer shall handle the formalities and settlements required within the scope of copyright-relevant processes (e.g. music performance, film screening, streaming services) with the responsible institutions (e.g. GEMA) on his own responsibility.
8.6 Faults in technical or other facilities provided by the hotel shall be remedied immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.
9 LOSS OR DAMAGE TO PROPERTY BROUGHT IN BY THE CUSTOMER
9.1 Exhibits or other items, including personal items, carried along remain in the event rooms or in the hotel at the customer’s risk. The hotel accepts no liability for loss, destruction, or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. Excluded from this are damages arising from injury to life, limb, or health. In addition, all cases in which safekeeping constitutes a duty typical of the contract due to the circumstances of the individual case are excluded from this exemption from liability.
9.2 Decorative material and other items brought in by the customer and their use must comply with fire protection requirements and official regulations. The hotel shall be entitled to demand official proof thereof. If such proof is not provided, the hotel shall be entitled to remove any material already brought in at the customer’s expense. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.
9.3 Any exhibition or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer’s expense. If the items remain in the event room, the hotel may charge an appropriate compensation for use for the duration of the withholding of the room.
10 LIABILITY OF THE CUSTOMER FOR DAMAGES
10.1 If the customer is an entrepreneur, he shall be liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his sphere or himself.
10.2 The hotel may require the customer to provide adequate security, for example in the form of a credit card guarantee.
11 FINAL PROVISION
11.1 Amendments and supplements to the contract, the application acceptance or these General Terms and Conditions shall be made in writing. Unilateral amendments or supplements are invalid.
11.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Fulda. However, the hotel may also sue the customer at the customer’s place of business. The same shall apply in each case to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.
11.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.4 In accordance with the legal obligation, the Hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“ODR platform”):
However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.