1. Scope of Application

1.1 These Terms and Conditions apply to contracts for the rental provision of hotel rooms for accommodation purposes and to all other services and supplies provided by the Hotel to the Customer in this connection (Hotel Accommodation Contract). The term ‘Hotel Accommodation Contract’ encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract and hotel room contract.

1.2 The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, requires the Hotel’s prior consent in text form; Section 540 (1), sentence 2 of the German Civil Code (BGB) is waived insofar as the Customer is not a consumer.

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

2. Conclusion of Contract, Contracting Parties, Limitation Period

2.1 The contracting parties are the Hotel and the Customer. The contract is concluded when the Hotel accepts the Customer’s offer. The Hotel is free to confirm the room booking in text form.

2.2 As a general rule, all claims against the Hotel shall become time-barred one year after the commencement of the statutory limitation period. This shall not apply to claims for damages or to other claims insofar as the latter are based on an intentional or grossly negligent breach of duty by the Hotel.

3. Services, Prices, Payment, Set-Off

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

3.2 The Customer is obliged to pay the agreed or applicable prices charged by the Hotel for the provision of the room and for any other services used by the Customer. This also applies to services commissioned by the Customer directly or via the Hotel, provided by third parties and paid for in advance by the Hotel.

3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local charges owed personally by the guest under the applicable municipal law, such as a visitor’s tax. If the statutory value-added tax changes, or if local charges relating to the subject matter of the services are introduced, changed or abolished after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this shall apply only if the period between conclusion and performance of the contract exceeds four months.

3.4 The Hotel may make its consent to a subsequent reduction requested by the Customer in the number of rooms booked, the Hotel’s services or the duration of the Customer’s stay conditional upon an increase in the price of the rooms and/or the Hotel’s other services.

3.5 Hotel invoices without a due date are payable without deduction within seven (7) days of receipt of the invoice. The Hotel may demand immediate payment of amounts due from the Customer at any time. In the event of default in payment by the Customer, the statutory provisions shall apply. The Hotel reserves the right to prove that it has incurred greater damage.

3.6 Upon conclusion of the contract, the Hotel is entitled to require the Customer to make a reasonable advance payment or provide security, for example in the form of a credit-card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package travel. In the event of default in payment by the Customer, the statutory provisions shall apply.

3.7 In justified cases, for example where the Customer is in arrears or the scope of the contract is expanded, the Hotel is entitled, even after conclusion of the contract and up to the start of the stay, to require an advance payment or security within the meaning of Clause 3.6 above, or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.

3.8 Furthermore, at the beginning of and during the stay, the Hotel is entitled to require the Customer to make a reasonable advance payment or provide security within the meaning of Clause 3.6 above for existing and future claims arising from the contract, insofar as such payment or security has not already been provided pursuant to Clause 3.6 and/or Clause 3.7 above.

3.9 The Customer may set off or offset a claim against a claim of the Hotel only if the Customer’s claim is undisputed or has been finally adjudicated.

4. Withdrawal by the Customer (Cancellation) / Non-Use of the Hotel’s Services (No-Show)

4.1 The Customer may withdraw from the contract concluded with the Hotel only if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists, or the Hotel expressly consents to termination of the contract. The agreement of a right of withdrawal and any consent to termination of the contract should each be made in text form.

4.2 If the Hotel and the Customer have agreed on a deadline for withdrawal from the contract free of charge, the Customer may withdraw from the contract up to that deadline without triggering any claims for payment or damages by the Hotel. The Customer’s right of withdrawal expires if the Customer does not exercise that right vis-à-vis the Hotel by the agreed deadline.

4.3 If no right of withdrawal has been agreed or such right has already expired, if there is no statutory right of withdrawal or termination, and if the Hotel does not consent to termination of the contract, the Hotel shall retain its claim to the agreed remuneration despite the non-use of the services. The Hotel must offset income from re-letting the rooms and expenses saved. If the rooms are not re-let, the Hotel may calculate the deduction for expenses saved on a flat-rate basis. In this case, the Customer is obliged to pay 100% of the contractually agreed price for the stay, with or without breakfast. The Customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.

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 specified period, the Hotel is also entitled to withdraw from the contract during that period if other customers request the contractually booked rooms and, upon enquiry by the Hotel and after being granted a reasonable deadline, the Customer does not waive the right of withdrawal.

5.2 If an advance payment or security agreed or required pursuant to Clause 3.6 and/or Clause 3.7 is not provided even after expiry of a reasonable grace period set by the Hotel, the Hotel is likewise entitled to withdraw from the contract.

5.3 Furthermore, the Hotel is entitled to withdraw from the contract for objectively justified cause with immediate effect, in particular if:

• force majeure or other circumstances beyond the Hotel’s control make performance of the contract impossible;
• rooms or premises are culpably booked by providing misleading or false information or by concealing material facts; the Customer’s identity, solvency or the purpose of the stay may be material in this respect;
• the Hotel has reasonable grounds to believe that use of the services may jeopardise the smooth operation, safety or public reputation of the Hotel, without this being attributable to the Hotel’s sphere of control or organisation;
• the purpose of or reason for the stay is unlawful;
• Clause 1.2 above has been breached.

5.4 A justified withdrawal by the Hotel shall not give rise to any claim for damages by the Customer.

6. Provision, Handover and Return of Rooms

6.1 The Customer shall not acquire any entitlement to the provision of specific rooms unless this has been expressly agreed.

6.2 Booked rooms are available to the Customer from 3:00 p.m. on the agreed day of arrival. The Customer has no entitlement to earlier availability.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the Hotel no later than 11:00 a.m. Thereafter, due to the late vacation of the room, the Hotel may charge 50% of the full accommodation price (list price) for use beyond the contractually agreed period until 6:00 p.m., and 100% from 6:00 p.m. This shall not establish any contractual claims on the part of the Customer. The Customer is free to prove that the Hotel has no claim, or a substantially lower claim, for compensation for use.

7. Digital Check-In and Communication via WhatsApp

7.1 The Hotel offers its guests a digital check-in service. For this purpose, at approximately 9:00 a.m. on the day of arrival, the Customer receives an automated WhatsApp message at the mobile telephone number provided during the booking process. This message contains a brief introduction to the Hotel’s WhatsApp concierge service, a link to an explanatory video about digital check-in, and the Customer’s booking number and QR code. This is the only automated WhatsApp message sent by the Hotel; advertising is not sent automatically via WhatsApp.

7.2 Providing a mobile telephone number and using digital check-in via WhatsApp are voluntary. Customers who do not wish to receive messages via WhatsApp may notify the Hotel informally at any time (e.g. when booking, by email or by telephone); in that case, the check-in and all information required for it will be provided to the Customer by email as an alternative.

7.3 For the technical implementation of digital check-in, the Hotel uses the WhatsApp Business Platform supplied by Meta and, for internal process automation, the Make.com (Celonis) platform as processors within the meaning of Article 28 of the General Data Protection Regulation (GDPR). Details concerning the processing of personal data in this context, including the legal bases, recipients and retention periods, are set out in the Hotel’s privacy policy, which is available to the Customer on the Hotel’s website and upon request.

8. Special Provisions Regarding Occupancy and Pets

8.1 Dogs may be brought to the Hotel only following prior notification and confirmation by the Hotel. A fee of EUR 12.00 per night will be charged for each registered dog.

If dogs are accommodated in the room without prior notification or contrary to the Hotel’s confirmation, the Hotel is entitled to charge a flat-rate additional fee of EUR 50.00 per dog per night. The right to claim any further damage remains reserved. The guest is entitled to prove that no damage or substantially less damage was incurred.

8.2 The hotel room may be used only by the number of persons stated and confirmed at the time of booking. Additional persons may stay overnight only following prior notification and the Hotel’s express consent.
The following surcharges per night apply to additional registered persons:
Adults (aged 18 and over): EUR 30.00
Young persons (aged 12 to 17 inclusive): EUR 25.00
Children (aged 6 to 11 inclusive): EUR 10.00
Children up to and including 5 years of age stay free of charge, provided that no extra bed is agreed.

8.3 If additional persons are accommodated without prior notification or the Hotel’s consent, the Hotel is entitled to charge the corresponding accommodation fees pursuant to Clause 8.2 retrospectively. In addition, in the event of a material or intentional breach, the Hotel may terminate the Hotel Accommodation Contract for cause with immediate effect pursuant to Clause 5.3.

9. Liability of the Hotel

9.1 The Hotel shall be liable for damage attributable to it arising from injury to life, limb or health. It shall also be liable for other damage based on an intentional or grossly negligent breach of duty by the Hotel, or on an intentional or negligent breach of duties typical of the contract by the Hotel. A breach of duty by a legal representative or vicarious agent of the Hotel shall be deemed equivalent to a breach by the Hotel. Any further claims for damages are excluded unless otherwise provided in this Clause 9. If disruptions or defects occur in the Hotel’s services, the Hotel will endeavour to remedy them upon becoming aware of them or upon receiving a prompt complaint from the Customer. The Customer is obliged to take reasonable steps to help remedy the disruption and minimise any possible damage.

9.2 The Hotel shall be liable to the Customer for property brought onto the premises in accordance with the statutory provisions. If the guest wishes to bring money, securities or valuables worth more than EUR 800, or other items worth more than EUR 3,500, a separate safekeeping agreement with the Hotel is required.

9.3 If the Customer is provided with a parking space in the Hotel garage or car park, including for a fee, this shall not constitute a safekeeping 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 be liable only in accordance with Clause 9.1, sentences 1 to 4 above.

9.4 Messages, mail and goods consignments for guests will be handled with due care. The Hotel will arrange delivery, storage and—upon request and for a fee—forwarding of such items. In this respect, the Hotel shall be liable only in accordance with Clause 9.1, sentences 1 to 4 above.

10. Final Provisions

10.1 Amendments and supplements to the contract, the acceptance of the offer or these General Terms and Conditions should be made in text form. Unilateral amendments or supplements by the Customer are invalid.

10.2 In commercial transactions, the place of performance and payment and the exclusive place of jurisdiction—including for disputes relating to cheques and bills of exchange—shall be the Hotel’s registered office. If a contracting party meets the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the Hotel’s registered office shall be the place of jurisdiction.

10.3 German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods and conflict-of-laws rules is excluded.

10.4 In accordance with its statutory obligation, the Hotel points out that the European Union has established an online platform for the out-of-court resolution of consumer disputes (‘ODR platform’): http://ec.europa.eu/consumers/odr/. However, the Hotel does not participate in dispute resolution proceedings before consumer arbitration boards.