Cancellation Policy
Guests can cancel free of charge until 6:00 PM on the day of arrival. In case of cancellation after 6:00 PM on the arrival day, the guest pays the full amount. Cancellation conditions for package deals:
– Free of charge up to 21 days before arrival
– 80% up to 14 days before arrival
– 100% up to 7 days before arrival and in all other cases
Cancellation conditions for ‘New Year’s Eve’ packages
– Free of charge up to 45 days before arrival
– 80% up to 21 days before arrival
– 100% in all other cases
General Terms and Conditions for the Hotel Accommodation Contract
© German Hotel Association (IHA) e.V. Page 5 As of January 2010
SCOPE
These terms and conditions apply to contracts for the rental provision of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer in this context (Hotel Accommodation Contract).
The term ‘Hotel Accommodation Contract’ encompasses and replaces the following terms: lodging, guest accommodation, hotel, hotel room contract. The subletting or re-letting 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 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer. The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
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 booking in writing. The contracting parties are the hotel and the customer. If a third party placed the order on behalf of the customer, this party shall be liable to the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer, insofar as the hotel has a corresponding statement of the third party. Any claims against the hotel shall generally be time-barred one year after the commencement of the statutory limitation period. Claims for damages shall become statute-barred after five years, regardless of knowledge, unless they are based on an injury to life, limb, health or liberty.
These damage claims shall become statute-barred after ten years, regardless of knowledge. The reduction of the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of obligation by the hotel.
SERVICES, PRICES, PAYMENT, SET-OFF
The hotel is obligated to keep the rooms booked by the customer available and to render the agreed services. The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services utilized. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses. The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. The hotel may 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. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, with legal transactions with a consumer, in the amount of 5% above the base interest rate. 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. With advance payments or security payments for package tours, the statutory provisions shall remain unaffected. 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. 5 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 within the meaning of the above-mentioned No. 5 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 5 and/or No. 6.
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.
CUSTOMER WITHDRAWAL (CANCELLATION, TERMINATION) / NON-UTILIZATION OF
HOTEL SERVICES (NO SHOW)
The customer’s withdrawal from the contract concluded with the hotel requires the hotel’s consent in text form. If this is not given, the agreed price from the contract must be paid even if the customer does not use the contractual services. If a date for free withdrawal from the contract has been agreed in text form between the hotel and the customer, the customer may withdraw from the contract up to that date without incurring payment or compensation claims by the hotel. The customer’s right of withdrawal expires if they do not exercise their right to withdraw from the hotel in text form by the agreed date. For rooms not used by the customer, the hotel must credit the income from renting the rooms to other parties and the saved expenses. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and lump sum the deduction for saved expenses of the hotel. In this case, the customer is obligated to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen to the required extent.
WITHDRAWAL OF THE HOTEL
If it has been agreed in text form that the customer can withdraw from the contract within a certain period free of charge, the hotel is entitled to withdraw from the contract during this period if inquiries from other customers regarding the contractually booked rooms are available and the customer does not waive their right to withdraw upon inquiry by the hotel. If an agreed advance payment or security deposit as required above according to Clause III Numbers 5 and/or 6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is likewise entitled to withdraw from the contract. Moreover, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; rooms or spaces are booked with culpably misleading or false information regarding material contractual facts, e.g. concerning the identity of the customer or the purpose of their stay; the hotel has justified reason to believe that the use of the hotel service may jeopardize the smooth operation of the business, the security or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization; the purpose or reason for the stay is illegal; there is a breach of the above-mentioned Clause I Number 2. In case of justified withdrawal by the hotel, the customer has no claim for damages.
ROOM AVAILABILITY, HANDOVER AND RETURN
The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed in text form.
Booked rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After that, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100%). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel incurred no or a much lower claim for charges for use of the room.
LIABILITY OF THE HOTEL
The hotel is liable for its obligations under the contract. The customer’s claims for damages are excluded. Exceptions to this are damages resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to eliminate the disruption and to keep possible damage to a minimum. For items brought in, the hotel is liable to the customer according to statutory provisions. Accordingly, liability is limited to one hundred times the room price, but not exceeding €3,500, and deviating for money, securities and valuables up to a maximum of €800. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € (insert hotel’s insurance sum). The hotel recommends making use of this option. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. For the exclusion of the customer’s claims for damages, the regulation of the preceding number 1, sentences 2 to 4 applies accordingly. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and parcels for guests are handled with care. The hotel will deliver, store and – if desired – forward the same for a fee. For the exclusion of claims for damages by the customer, the regulation of the preceding number 1, sentences 2 to 4 applies accordingly.
FINAL PROVISIONS
Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or supplements by the customer are invalid. The place of performance and payment is the location of the hotel. The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions is the registered office of the hotel. If a contractual partner fulfills the requirements of Section 38 (2) of the German Code of Civil Procedure and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. German law applies. The application of UN Sales Law and conflict of laws is 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.
