GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

I. CONCLUSION OF CONTRACT, PARTNER, LIMITATION OF LIMITATIONS

1. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing.
2. The contracting parties are the hotel and the customer. If a third party has ordered for the customer, he and the customer are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel become statute-barred one year from the start of the statutory limitation period. Claims for damages become statute-barred after five years regardless of knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages become statute-barred after ten years regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

II. SERVICES, PRICES, PAYMENT, SET-OFF

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the hotel's agreed or applicable prices for rooms provided and for other services used. This also applies to services and expenses of the hotel to third parties initiated by the customer. The agreed prices include the respective statutory sales tax.
3. The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the customer's length of stay, as requested by the customer, dependent on the price of the rooms and / or other hotel services increasing .
5. When the contract is concluded, the hotel is entitled to demand an appropriate advance payment or security deposit from the customer in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
6. The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of No. 5 above for existing and future claims from the contract at the beginning of and during the customer's stay, insofar as such is not already in accordance with No. 5 and / or above 6 was done.
7. The customer can only offset or set off an undisputed or legally binding claim against a claim by the hotel.

III. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE THE HOTEL'S SERVICES (NO SHOW)

1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in writing. If this is not done, the price agreed in the contract must be paid even if the customer does not make use of the contractual services.
2. If an appointment for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel in writing by the agreed date.
3. In the case of rooms not used by the customer, the hotel must offset the income from renting these rooms to other parties as well as the saved expenses. If the rooms are not rented to someone else, the hotel can demand the contractually agreed remuneration and apply a lump sum for the hotel's saved expenses. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

Cancellation costs

Cancellation up to 7 days before arrival no cancellation costs
Cancellation less than 7 days before arrival 80% of the agreed price

IV. WITHDRAWAL BY THE HOTEL

1. If it has been contractually agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer upon request of the hotel does not waive his right to withdraw.
2. If an agreed advance payment or a security deposit requested in accordance with Section III Numbers 5 and / or 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, for example if - force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible; for example, to the person of the customer or for the purpose of his stay; - the hotel has justified cause to believe that the use of the hotel's service could endanger the smooth business operations, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
- the purpose or the reason for the stay is illegal;
- there is a violation of the above-mentioned item I No. 2.
4. If the hotel is justified in withdrawing from the contract, the customer has no right to compensation.

© Hotel Association Germany (IHA) eV

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