GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION AGREEMENT

1 SCOPE OF APPLICATION

1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation, as well as to all other services and supplies provided by the hotel to the guest in this context (Hotel Accommodation Contract). They do not apply to package tours as defined in Section 651a of the German Civil Code (BGB). The term “hotel accommodation contract” encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, and hotel room contract.

1.2 The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby the right to terminate pursuant to Section 540(1) sentence 2 of the German Civil Code (BGB) is waived.

1.3 The customer’s general terms and conditions apply only if this has been expressly agreed in writing.

2 CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES

The contracting parties are the hotel and the customer. The contract is concluded upon the hotel’s acceptance of the customer’s request. In the case of a booking made via the hotel’s own website, the contract is concluded by clicking the “Book Now” button.

3 SERVICES, PRICES, PAYMENT, SETOFF

 3.1 The hotel is obligated to reserve the rooms booked by the guest and to provide the agreed-upon services.

3.2 The guest is obligated to pay the hotel’s agreed-upon or applicable rates for the room and any additional services utilized. This also applies to services ordered by the guest directly or through the hotel that are provided by third parties and advanced by the hotel.

3.3 The agreed-upon rates include all taxes and local fees applicable at the time the contract is concluded. Not included are local charges that, under applicable municipal law, are owed by the guest themselves, such as a visitor’s tax. In the event of a change in the statutory value-added tax or the introduction, modification, or abolition of local charges on the subject matter of the service after the conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this applies only if the period between the conclusion of the contract and its performance exceeds four months.

3.4 If payment on account has been agreed, payment – unless otherwise agreed – must be made within ten days of receipt of the invoice without deduction.

3.5 Upon conclusion of the contract, the hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract. In the event of late payment by the customer, the statutory provisions shall apply.

3.6 In justified cases, such as the customer’s payment arrears or an expansion of the scope of the contract, the hotel is entitled, even after the contract has been concluded and up until the start of the stay, to demand an advance payment or security deposit as defined in Section 3.5 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon remuneration.

3.7 The hotel is further entitled to demand from the customer, at the beginning of and during the stay, a reasonable advance payment or security deposit as defined in Section 3.5 above for existing and future claims arising from the contract, provided that such payment or security deposit has not already been provided in accordance with Section 3.5 and/or Section 3.6 above.

3.8 The guest may only set off or offset a claim against a claim of the hotel with an undisputed or legally enforceable claim.

3.9 The guest agrees that the invoice may be sent to him electronically.

4 CANCELLATION BY THE CUSTOMER / FAILURE TO UTILIZE THE HOTEL’S SERVICES (“NO-SHOW”) 4.1 The customer may unilaterally terminate the contract concluded with the hotel only if a right of withdrawal has been expressly agreed upon in the contract or if a statutory right of withdrawal or termination exists.

4.2 If a deadline for free withdrawal from the contract has been agreed upon between the hotel and the customer, the customer may withdraw from the contract by that date without triggering any claims for payment or damages by the hotel. The customer’s right of withdrawal expires if they do not exercise it in writing toward the hotel by the agreed-upon deadline.

4.3 If no right of withdrawal has been agreed upon or has already expired, and if there is also no statutory right of withdrawal or termination, the hotel retains the right to the agreed-upon compensation despite the service not being utilized. The hotel must offset any revenue from renting the rooms to other guests as well as any expenses saved. If the rooms are not rented to other guests, the hotel may apply a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for overnight stays with or without breakfast, as well as for package deals including third-party services; 70% for half-board arrangements; and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim has not arisen or has not arisen in the amount claimed.

5 CANCELLATION BY THE HOTEL

5.1 If it has been agreed that the customer may cancel the contract free of charge within a specified period, the hotel is entitled to cancel the contract during this period if it receives inquiries from other customers regarding the rooms booked under the contract and the customer, upon the hotel’s request and within a reasonable timeframe, does not waive their right to cancel. This applies accordingly in the case of an option being granted, if other inquiries are received and the customer, upon inquiry by the hotel with a reasonable deadline, is not prepared to make a firm booking.

5.2 If an advance payment or security deposit agreed upon or requested in accordance with Section 3.5 and/or Section 3.6 is not made even after the expiration of a reasonable grace period set by the hotel, the hotel is likewise entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to terminate the contract for cause, in particular if

– force majeure or other circumstances beyond the hotel’s control make performance of the contract impossible;

– rooms or spaces are booked culpably under misleading or false representations or by concealing material facts; material facts may include the customer’s identity, solvency, or purpose of stay;

– the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational responsibility;

– the purpose or reason for the stay is unlawful;

– there is a violation of Section 1.2 above.

5.4 The hotel’s justified cancellation does not entitle the customer to claim damages. If, in the event of a cancellation pursuant to Sections 5.2 or 5.3 above, the hotel has a claim for damages against the customer, the hotel may calculate this as a lump sum. Section 4.3 applies accordingly in this case.

6 ROOM ALLOCATION, HANDOVER, AND RETURN

6.1 The customer has no right to the allocation of specific rooms unless this has been expressly agreed in writing.

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

6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. Thereafter, due to the delayed vacating of the room, the hotel may charge 50% of the full room rate (price according to the price list) for its use beyond the contractual period until 6:00 PM, and 90% after 6:00 PM. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel has incurred no claim for usage fees or a significantly lower claim.

7 LIABILITY OF THE HOTEL

 7.1 The hotel is liable for damages resulting from injury to life, limb, or health for which it is responsible. Furthermore, it is liable for other damages arising from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of the hotel’s obligations typical to the contract. Obligations typical of the contract are those obligations that make the proper performance of the contract possible in the first place and on the fulfillment of which the guest relies and may rely. A breach of duty by the hotel is equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy the situation upon becoming aware of them or upon immediate complaint by the customer. The customer is obligated to contribute to the extent reasonably possible to remedy the disruption and minimize any potential damage.

7.2 The hotel is liable to the guest for items left in the hotel in accordance with statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring in cash, securities, and valuables worth more than 800 euros or other items worth more than 3,500 euros, this requires a separate storage agreement with the hotel.

7.3 If a parking space is made available to the guest in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel is liable only in accordance with the provisions of Section 7.1, sentences 1 through 4 above.

7.4 Wake-up calls are handled by the hotel with the utmost care. Messages for guests are treated with care. The hotel may, upon prior agreement with the guest, accept, store, and—upon request—forward mail and packages for a fee. In this regard, the hotel is liable only in accordance with the preceding Section 7.1, sentences 1 through 4.

8 FINAL PROVISIONS

8.1 Any amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions are invalid.

8.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Konstanz. However, the hotel may also choose to sue the customer at the customer’s place of business. The same applies to customers who do not fall under the first sentence if they do not have their place of business or residence in an EU member state.

8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.4 In accordance with its legal obligation, the hotel notes that the European Union has established an online platform for the out-of-court resolution of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/ However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.

General Terms and Conditions for the Hotel Accommodation Contract © Hotelverband Deutschland (IHA) e.V. As of: April 2021