- These terms and conditions apply to contracts regarding the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel to the customer in this regard (hotel accommodation contract = Hotelaufnahmevertrag). The term “hotel accommodation agreement” includes and replaces the following terms: Accommodation, guest accommodation, hotel, hotel room contract.
- The subletting or -leasing of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer.
- Customers General terms and conditions shall only apply if this has been expressly agreed upon in advance.
General terms and conditions
1. Scope
2. Conclusion of contract, contract partner, statue of limitations
- Contractual partners are the hotel and the customer. The contract shall come into effect upon acceptance of the customer’s application by the hotel. The hotel shall be at liberty to confirm the room reservation in text form.
- All claims against the hotel shall become statute-barred one year after the start of the statutory limitation period. This shall not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty on part of the hotel.
3. Services, prices, payment, offsetting
- The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed upon services.
- The customer shall be obliged to pay the hotel’s agreed upon or applicable prices for the provision of rooms and other services used. This shall also apply to services commissioned directly by the customer or via the hotel, which are provided by third parties and disbursed by the hotel.
- The agreed upon prices include the taxes and local levies applicable at the time of conclusion of the contract. Not included are local taxes which are owed directly by the guest according to the respective municipal law, such as visitor’s tax.
In the event of a change in the statutory value-added tax or the introduction, change or abolition of local taxes on the object of performance 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 of the contract and fulfilment of the contract exceeds four months. - If the Customer subsequently requests a reduction of the rooms booked, a reduction of the booked services or a reduction of the length of stay, the hotel may make its consent dependent on a corresponding increase in pricing.
- Hotel invoices without a due date shall be payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.
- Upon conclusion of the contract, the hotel shall be entitled to demand an appropriate advance payment or security deposit from the customer (e.g. in form of a credit card guarantee). The amount of the advance payment and the payment dates can be agreed upon contractually in text form. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.
- In well-founded 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 until the beginning of the stay, to demand an advance payment or provision of security within the meaning of Section 3.6 above or an increase in the advance payment or provision of security agreed upon in the contract until the full agreed upon remuneration.
- The hotel shall also be entitled to demand from the customer – either at the beginning or during the stay – an appropriate advance payment or provision of security within the meaning of Section 3.6 above for existing and future claims arising out of the contract, unless such payment has already been made in accordance with Section 3.6 and/or Section 3.7 above.
- The Customers offsetting with counterclaims or the retention of payments due to such claims is only permissible if the counterclaims are undisputed or have been legally established (res judicata).
4. Cancellation by the customer (Cancellation) / Non-use of the services of the hotel
- The customer may only withdraw from a concluded contract with the hotel if a right of withdrawal has been expressly agreed upon, if there exists a statutory right of withdrawal or if the hotel expressly agrees to the cancellation of the said contract.
The agreement of a right of rescission as well as any consent to a cancellation of the contract shall be made in text form. - If a date for free withdrawal from the contract has been agreed upon, the customer may withdraw from the contract until the said date without incurring any payment or compensation claims from the part of the hotel. The customer’s right of rescission shall lapse if he does not exercise his right by the date agreed upon.
- If a right of rescission has not been agreed upon or if it has already expired and there is no statutory right of rescission or termination and if the hotel does not agree to rescind the contract, the hotel shall retain the right to the agreed remuneration despite non-use of the hotels services. The hotel shall set off the income from renting the rooms to another party as well as the saved expenses.
If the rooms cannot be rented to another customer, the hotel shall be entitled to a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed upon price for overnight accommodation 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 free to prove that the aforementioned claim did not arise or did not arise in the said amount.
5. Withdrawal by the hotel
- If it has been agreed upon that the customer may withdraw from the contract free of charge within a certain period, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms if the customer does not waive his right to withdraw from the contract upon request of the hotel within an appropriate deadline.
- If an advance payment or security deposit agreed upon or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
- Furthermore, the hotel shall have the right to withdraw from the contract for good cause, in particular if
- Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
- rooms or spaces are booked culpably under misleading or false statements or concealment of essential facts; the identity of the customer, the solvency or the purpose of the stay may be essential in this respect;
- the hotel has good reason to believe that the use of the service may jeopardize the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
- the purpose or cause of the stay is unlawful;
- there is a violation of the aforementioned clause 1.2.
- The justified withdrawal of the hotel shall not constitute a claim for damages on the part of the customer.
6. Room supply, handover and return
- The customer shall not acquire any claim to the provision of specific rooms unless this has been expressly agreed upon.
- Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer is not entitled to an earlier room availability.
- On the day of departure, the rooms must be vacated and made available to the hotel by 12 o’clock at noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) until 6:00 p.m. due to the delayed vacating of the room for its use in excess of the contract, and 90% from 6:00 p.m. onwards. This shall not constitute any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a substantially lower claim to usage fees.
7. Liability of the hotel
- The hotel shall be liable for damages to life, body and health. Furthermore, it shall be liable for other damages which are based on an intentional or grossly negligent breach of duty or of material contractual obligations. A breach of duty on the part of the hotel is equivalent to a breach of duty on the part of a legal representative or vicarious agent. Further claims for damages shall be excluded unless otherwise provided for in this Clause 7. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer on his part shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum.
- The hotel shall be liable to the customer in accordance with the statutory provisions for items brought in. The hotel recommends the use of the hotel safe or room safe. If the guest wishes to bring in 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 shall require a separate storage agreement with the hotel.
- If a parking space is made available to the customer at the hotel garage or at the hotel parking lot, even against payment, this shall not constitute a custody agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel shall only be liable in accordance with the above Section 7.1, Sentences 1 to 4.
- Wake-up orders are executed by the hotel with the greatest care. Messages, mail and consignments for the guests are handled with care. The hotel shall be responsible for delivery, storage and – upon request – forwarding of the same for a fee. The hotel shall only be liable in this respect in accordance with the above Clause 7.1, Sentences 1 to 4.
8. Concluding provisions
- Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.
- The place of performance and payment as well as the exclusive place of jurisdiction – also for cheque and bill disputes – in commercial dealings shall be Cologne. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, Cologne shall be the place of jurisdiction.
- German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of law provisions are excluded.
- Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.