These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided by the hotel for the customer.
The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby §540.para.1 sentence 2 BGB is waived insofar as the customer is not a consumer.
The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II Conclusion of contract, partners, liability; statute of limitations
The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the room booking in writing.
The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
All claims against the hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages are subject to a limitation period of five years depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III Services, Prices, Payment, Cancellation
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the applicable or agreed prices of the hotel for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes which are owed 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 levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.
The prices may also be changed by the hotel if the customer subsequently wishes to change the number of rooms booked, the hotel's services or the length of the guests' stay and the hotel agrees to this.
Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.
The hotel is entitled to demand an appropriate advance payment or security deposit in the form of a credit card guarantee, a deposit or similar upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 6 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause 6 and/or clause 7.
The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV Withdrawal by the customer (cancellation) Non-utilization of the hotel's services
Withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services. If the hotel and the customer have agreed in writing on a date for a cost-free withdrawal 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 expires if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless there is a case of default on the part of the hotel or an impossibility of performance for which it is responsible.
If rooms are not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved.
The hotel is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. The customer is then obliged 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 above-mentioned claim did not arise or did not arise in the amount claimed.
V Withdrawal of the hotel
If the customer's right to cancel the contract free of charge within a certain period has been agreed in writing (granting of options), the hotel shall be
The hotel is entitled to withdraw from the contract if there are requests from other customers for the contractually booked rooms and the customer is not prepared to make a binding booking.
If an agreed advance payment or security deposit or one demanded in accordance with Clause III No. 6 above 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 is entitled to withdraw from the contract extraordinarily 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 are booked with misleading or false statements of material facts, e.g. the person of the customer or the purpose;
the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel's sphere of control or organization;
the purpose or reason for the stay is unlawful;
There is a violation of clause I no. 2 above
In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.
VI Room provision, handover and return
The customer shall not acquire any entitlement to the provision of specific rooms unless this has been expressly agreed.
Booked rooms are available to the customer from 4 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10.00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6.00 p.m., and 90% from 6.00 p.m. onwards, in addition to the damage incurred by the hotel as a result. The customer is at liberty to prove to the hotel that it has incurred no or significantly less damage.
In accordance with the Saxon Registration Act (§ 19 SächsMG), guests are obliged to identify themselves on arrival and to complete and sign the registration form in full with their personal details.
Pets may only be brought along with the prior consent of the hotel and for a fee.
Items left behind by the customer shall be stored for six months after the authorized party or the competent authority has been notified of the find and shall be forwarded at the customer's request, risk and expense.
Upon request, the hotel shall provide the customer with free Internet access (Wi-Fi) only by issuing the generated passwords. The customer is obliged to identify himself upon receipt of the access data.
VII Liability of the hotel
The hotel is liable for the diligence of a prudent businessman for its obligations arising from the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, limb 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 a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3500.00, and for money and valuables up to € 800.00. Money and valuables up to a maximum value of €5,000 (sum insured) can be stored in the hotel or room safe. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage. (§703 BGB)
If the customer is provided with a parking space in the hotel garage or in the parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence.
Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. Claims for damages, except for gross negligence or intent, are excluded.
VIII Final provisions
Amendments or additions to the contract, the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
The place of performance and payment is the hotel's registered office.
The exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - in commercial transactions is the registered office of the hotel. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
The company does not participate in dispute resolution proceedings before a consumer arbitration board.
Should individual provisions of these General Terms and Conditions for Hotel Accommodation be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
