GTC

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 the purpose of
accommodation and all other services provided to the customer in this connection and
Deliveries by the hotel (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 re-letting of the rooms provided as well as their use for purposes other than occupancy is not permitted.
accommodation purposes require the prior consent of the hotel in text form, whereby § 540 para.
1 sentence 2 BGB is waived insofar as the customer is not a consumer within the meaning of § 13 BGB.

1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance in
agreed in text form.

2 CONCLUSION OF CONTRACT, PARTNERS, LIMITATION PERIOD

2.1 The contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the
customer by the hotel. The hotel is at liberty to confirm the room booking in text form.
gen.

2.2 All claims against the hotel are generally subject to a limitation period of one year from the statutory limitation period.
the start of training. This does not apply to claims for damages and other claims, provided that the last-
are based on an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

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

3.2 The customer is obliged to pay the charges for the room rental and the services used by him.
The customer must pay the agreed or applicable prices of the hotel for all other services. This also applies to the
services commissioned directly by the customer or via the hotel, which are provided by third parties and
be issued.

3.3 The agreed prices shall be understood to include the applicable VAT at the time of conclusion of the contract.
taxes and local levies. Not included are local taxes that are levied according to the respective com-
The guest is required to pay any taxes that are owed under local law, such as visitor’s tax.
In the event of a change in the statutory sales tax or the introduction, amendment or abolition of local
the object of performance after conclusion of the contract, the prices will be adjusted accordingly.
fits. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract
and fulfillment of the contract exceeds four months.

3.4 The hotel may withhold its consent to a subsequent reduction in the price requested by the customer.
Number of rooms booked, the hotel’s service or the customer’s length of stay thereof
that the price for the rooms and/or for the other services of the hotel may change.
increased appropriately.

3.5 Hotel invoices are due for payment immediately upon receipt without deduction. If payment was made on
invoice has been agreed, payment must be made – unless otherwise agreed – within
ten days from receipt of the invoice without deduction.

3.6 The hotel is entitled to demand a reasonable advance payment or deposit from the customer upon conclusion of the contract.
The customer is entitled to demand a security service, for example 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. For advance payments
The statutory provisions shall remain unaffected in the case of claims or security deposits for package tours.
If the customer is in default of payment, 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 is entitled, even after conclusion of the contract up to the beginning of the stay, to charge an advance payment.
payment or provision of security within the meaning of Section 3.6 above or to demand an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.

3.8 Furthermore, the hotel is entitled to require the customer to pay a reasonable fee at the beginning and during the stay.
no advance payment or security deposit within the meaning of clause 3.6 above for existing and future
claims arising from the contract, insofar as such a claim has not already been asserted in accordance with the above clause
3.6 and/or clause 3.7.

3.9 The customer may only assert an undisputed or legally enforceable claim against a claim
of the hotel.

3.10 The customer agrees that the invoice may be sent to him electronically.
can.

4 WITHDRAWAL BY THE CUSTOMER (CANCELATION, CANCELLATION)/
NON-UTILIZATION OF THE HOTEL’S SERVICES (NO SHOW)

4.1 Withdrawal by the customer from the contract concluded with the hotel is only possible if a return
right of withdrawal was expressly agreed in the contract, a statutory right of withdrawal exists or if
the hotel expressly agrees to the termination of the contract.

4.2 Insofar as the hotel and the customer agree on a date for a cost-free withdrawal from the contract, the
the customer may withdraw from the contract up to that point without being liable for payment or damages.
claims of the hotel.

4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal.
or right of termination and if the hotel does not agree to cancel the contract, the hotel retains the purchase
The customer is entitled to the agreed remuneration despite non-utilization of the service. The hotel has the in
The hotel is entitled to offset the costs incurred from renting the rooms to other parties and the expenses saved.
If the rooms are not rented to other parties, the hotel may make a deduction for saved expenses.
the same time. In this case, the customer is obliged to pay 90% of the contractually agreed price.
for overnight stays with or without breakfast and for package arrangements with third-party services, 70%
for half-board and 60% for full-board arrangements. The customer is entitled to prove
that the aforementioned claim has not arisen or has not arisen in the amount claimed.

5 WITHDRAWAL BY THE HOTEL

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 customer shall be entitled to cancel the contract.
the hotel is entitled to withdraw from the contract during this period,
if there are requests from other customers for the contractually booked rooms and the customer
The customer does not waive his right to withdraw from the contract if the hotel has not asked him to do so within a reasonable period of time. This
shall apply accordingly if an option is granted, if other requests have been received and the customer
The hotel is not prepared to make a firm booking after a reasonable period of notice.

5.2 If an advance payment or security agreed or requested in accordance with Clause 3.6 and/or Clause 3.7 is not paid in full or in part.
The hotel shall not be liable for any damage or loss incurred as a result of the hotel’s failure to provide the service even after a reasonable grace period set by the hotel has expired,
the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to terminate the contract extraordinarily for an objectively justified reason.
resign, in particular if

– force majeure or other circumstances for which the hotel is not responsible, the fulfillment of the contract
make it impossible;

– rooms or spaces culpably under misleading or false information or concealment of the
facts; the identity of the customer, the payment method and the payment method may be essential.
be the ability to stay or the purpose of the stay;

– the hotel has reasonable grounds to believe that the use of the service would jeopardize the
smooth business operations, safety or the reputation of the hotel in the public eye
without this being attributable to the hotel’s sphere of control or organization.
is to be expected;

– the purpose or reason for the stay is unlawful;

– there is a breach of section 1.2 above.

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

6 ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer does not acquire any entitlement to the provision of specific rooms, unless this is expressly agreed in writing.
expressly agreed in text form.

6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The
Customer is not entitled to earlier provision.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest.
to provide a new one. Thereafter, the hotel may be liable for the late vacating of the room for its
use beyond the contract until 18:00 50% of the full accommodation price (price according to price agreement)
charge for the first day of the week, from 18:00 90%. Contractual claims of the customer are thereby
not justified. He is at liberty to prove that the hotel did not incur any or a significantly lower
entitlement to compensation for use has arisen.

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health.
health. Furthermore, it shall be liable for other damage caused by intent or gross negligence.
breach of duty on the part of the hotel or an intentional or negligent breach of duty on the part of the hotel.
typical contractual obligations of the hotel. Typical contractual obligations are those obligations that
enable the proper execution of the contract in the first place and on the fulfillment of which the customer
trust and may trust. A breach of duty by the hotel is equivalent to that of a legal representative.
or vicarious agents. Further claims for damages are excluded, insofar as this clause 7
not otherwise regulated, excluded. In the event of faults or defects in the Ho-
tels occur, the hotel will endeavor, upon knowledge thereof or upon immediate complaint by the customer, to
remedy. The customer is obliged to make reasonable efforts to remedy the disruption.
and minimize potential damage.

7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The
Hotel recommends the use of the hotel or room safe. Insofar as the customer holds money, securities and
Valuables with a value of more than 800 euros or other items with a value of more than
3,500 euros, this requires a separate safekeeping agreement with the
Hotel.

7.3 Insofar as the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even for a fee,
is made available, this does not constitute a custody agreement. In the event of loss
or damage to motor vehicles parked or maneuvered on the hotel property and their contents.
the hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.

7.4 Wake-up calls are carried out by the hotel with the utmost care.
Messages for customers are handled with care. The hotel can, by prior arrangement
with the customer for the acceptance, storage and – on request and for a fee – the forwarding of
Post and goods shipments. The hotel shall only be liable in accordance with the above
Section 7.1, sentences 1 to 4.

8 FINAL PROVISIONS

8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions of Business
conditions should be in text form. Unilateral amendments or additions are invalid.

8.2 Place of performance and payment as well as exclusive place of jurisdiction – also for disputes relating to checks and bills of exchange
is in commercial dealings … [Please enter the location, either the location of the hotel or
Seat of the hotel operating company]. If the customer fulfills the requirements of Section 38 (2) ZPO
and has no general place of jurisdiction in Germany, the place of jurisdiction shall be … [Bitte Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreibergesellschaft des Hotels].

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

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