GTC

General Terms and Conditions Hotel Accommodation Agreement

I. Scope of application

1.
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

2.
The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 (1) sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer.

3.
The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II.
Conclusion of contract, partners, statute of limitations

1.
The contract is concluded when the hotel accepts the customer’s application.

2.
The hotel is free to confirm the room reservation in writing.

3.
The contracting parties are the hotel and the customer. If a third party has placed the order on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

4.
All claims against the hotel shall generally become time-barred one year after the start of the statutory limitation period. Claims for damages expire after five years, regardless of knowledge, unless they are based on injury to life, limb, health, or freedom. These claims for damages expire after ten years, regardless of knowledge. The shortened limitation periods do not apply to claims based on intentional or grossly negligent breach of duty by the hotel.

III.
Services, prices, payment, offsetting

1.
The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.

2.
The customer is obligated to pay the agreed or applicable hotel prices for the provision of rooms and any other services used by him. This also applies to services and expenses incurred by the hotel to third parties at the customer’s request. The agreed prices include the applicable statutory value added tax..

3.
The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services, or the length of the customer’s stay requested by the customer contingent upon an increase in the price for the rooms and/or other services provided by the hotel.

4.
Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to charge the applicable statutory default interest, currently 8%, or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages.

5.
The hotel is entitled to demand a reasonable advance payment or security deposit from the customer in the form of a credit card guarantee, a down payment, or similar upon conclusion of the contract. 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.
In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit within the meaning of No. 5 above, or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

7.
The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay in accordance with No. 5 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Nos. 5 and/or 6 above.

8.
The customer may only offset or set off a claim against a claim by the hotel if the claim is undisputed or legally binding.

IV.
Cancellation by the customer (order cancellation, cancellation) / Non-use of hotel services (no show)

1.
The customer’s withdrawal from the contract concluded with the hotel requires the hotel’s consent in writing. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of the contractual services.

2.
If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until that date without triggering any payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date.

3.
In the case of rooms not used by the customer, the hotel shall offset the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and make a flat-rate deduction for the hotel’s saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount demanded.

V.
Withdrawal by the hotel

1.
If it has been contractually agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if other customers have made inquiries about the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.

2.
If an agreed advance payment or security deposit or a deposit demanded in accordance with Section III, Nos. 5 and/or 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.

3.
Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if

Force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract;
Rooms or spaces are booked culpably under misleading or false statements of facts essential to the contract, e.g., regarding the customer’s identity or the purpose of their stay;
the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth running of the business, the safety, or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
the purpose or occasion of the stay is unlawful;
there is a violation of the above-mentioned Section I No. 2.
4.
In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.

VI.
Room provision, handover, and return

1.
The customer shall not be entitled to the provision of specific rooms unless this has been expressly agreed in writing.

2.
Booked rooms shall be available to the customer from 3:00 p.m. on the agreed day of arrival. The customer shall not be entitled to earlier provision.

3.
On the agreed departure day, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for use of the room beyond the contractual period until 6:00 p.m. and 100% after 6:00 p.m. due to the delayed vacating of the room. This does not justify any contractual claims on the part of the customer. The customer is free to prove that the hotel has incurred no or a significantly lower claim for usage fees.

VII.
Liability of the hotel

1.
The hotel is liable for its obligations under the contract. Claims for damages by the customer are excluded. This does not apply to 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 of 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 occur in the hotel’s services, 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 remedy the disruption and minimize any possible damage.

2.
The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. According to these provisions, liability is limited to one hundred times the room price, but not exceeding €3,500, and, in deviation from this, for money, securities, and valuables, not exceeding €800. Money, securities, and valuables can be stored in the hotel or room safe up to a maximum value of € (insert hotel insurance sum). The hotel recommends making use of this option.

3.
If the customer is provided with a parking space in the hotel garage or on 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 premises and their contents, except in cases of intent or gross negligence. The provisions of the above number 1, sentences 2 to 4, apply accordingly to the exclusion of the customer’s claims for damages.

4.
Wake-up calls will be carried out by the hotel with the utmost care. Messages, mail, and goods sent to guests will be handled with care. The hotel will deliver, store, and, upon request, forward such items for a fee. The provisions of section 1, sentences 2 to 4 above apply accordingly to the exclusion of claims for damages by the customer.

VIII.
Final provisions

1.
Amendments and additions to the contract, the acceptance of applications, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.

2.
The place of performance and payment is the location of the hotel.

3.
The exclusive place of jurisdiction—including for disputes relating to checks and bills of exchange—in commercial transactions is the registered office of the hotel under company law. If a contractual partner fulfills the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.

4.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.

5.
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.

General Terms and Conditions for Events

I.
Scope

1.
These terms and conditions apply to contracts for the rental of conference, banquet, and event rooms at the hotel for the purpose of holding events such as banquets, seminars, conferences, exhibitions, and presentations, etc., as well as to all other services and deliveries provided by the hotel to the customer in this context.

2.
The subletting or re-letting of the rooms, areas, or display cases provided, as well as invitations to job interviews, sales events, or similar events, require the prior written consent of the hotel, whereby § 540 (1) sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer.

3.
The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II.
Conclusion of contract, contracting parties, liability, limitation period

1.
The contract is concluded upon acceptance of the customer’s application by the hotel; these are the contracting parties. The hotel is free to confirm the booking of the event in writing.

2.
If the customer/purchaser is not the organizer itself or if a commercial agent or organizer is engaged by the organizer, the organizer shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the organizer.

3.
The hotel is liable for its obligations under the contract. Claims for damages by the customer are excluded. This does not apply to 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 of the hotel. A breach of duty by the hotel is equivalent to a breach by a legal representative or vicarious agent. Should disruptions or defects occur in the hotel’s services, 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 remedy the disruption and minimize any possible damage. Furthermore, the customer is obliged to inform the hotel in good time of the possibility of unusually high damage occurring.

III.
Services, prices, payment, offsetting

1.
The hotel is obligated to provide the services ordered by the customer and confirmed by the hotel.

2.
The customer is obligated to pay the agreed or applicable hotel prices for these and any other services used. This also applies to services and expenses incurred by the hotel to third parties at the customer’s request, in particular to claims by copyright collecting societies. The agreed prices include the applicable statutory value added tax.

3.
Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to charge the applicable statutory default interest, currently 8%, or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages.

4.
The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a down payment, or similar. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

5.
In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract, to demand an advance payment or security deposit within the meaning of No. 4 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration until the start of the event.

6.
The customer may only offset or set off a claim against a claim by the hotel if the claim is undisputed or legally binding.

IV. Withdrawal by the customer (cancellation)

1.
Withdrawal by the customer from the contract concluded with the hotel requires the hotel’s consent in writing. If this is not given, the agreed room rental from the contract and services arranged with third parties must be paid in any case, even if the customer does not make use of the contractual services and it is no longer possible to re-let the rooms.

2.
If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until that date without triggering any payment or compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date.

3.
If the customer withdraws between the 8th and 4th week prior to the event date, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price; for any later withdrawal, 70% of the food sales will be charged.

4.
Food sales are calculated using the following formula: agreed menu price x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu from the currently valid event offer will be used as a basis.

5.
If a conference flat rate per participant has been agreed, the hotel is entitled to charge 60% of the conference flat rate x agreed number of participants for cancellations between the 8th and 4th week before the event date, and 85% for later cancellations.

6.
The deduction of saved expenses is taken into account in Nos. 3 to 5. The customer is free to prove that the above claim has not arisen or has not arisen in the amount claimed.

V.
Withdrawal by the hotel

1.
If it has been agreed in writing that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked event rooms and the customer does not waive their right of withdrawal upon inquiry by the hotel.

2.
If an agreed advance payment or security deposit or a deposit demanded in accordance with Section III, Nos. 4 and/or 5 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.

3.
Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if

Force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract;
Events or rooms are booked under misleading or false statements of facts essential to the contract, e.g., regarding the customer’s identity or the purpose of the event;
the hotel has reasonable grounds to believe that the event may jeopardize the smooth running of the business, the safety, or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
the purpose or occasion of the event is unlawful;
there is a violation of Section I No. 2.
4.
In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.

VI.
Changes to the number of participants and the event time

1.
Any change in the number of participants by more than 5% must be notified to the hotel at least five working days before the start of the event; it requires the hotel’s consent in writing.

2.
The hotel will accept a reduction in the number of participants by the customer of up to 5% when settling the bill. For deviations exceeding this, the originally agreed number of participants minus 5% will be used as a basis. The customer has the right to reduce the agreed price by the amount of expenses saved due to the lower number of participants, which must be proven by the customer.

3. In the event of an upward deviation, the actual number of participants will be charged.

4.
In the event of deviations in the number of participants of more than 10%, the hotel is entitled to re-set the agreed prices and to change the confirmed rooms, unless this is unreasonable for the customer.

5.
If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge appropriately for the additional services provided, unless the hotel is at fault.

VII.
Bringing food and beverages

The customer is generally not permitted to bring food and beverages to events. Exceptions require a written agreement with the hotel. In such cases, a contribution towards overhead costs will be charged.

VIII.
Technical equipment and connections

1.
If the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it shall act on behalf of, with the authority of, and for the account of the customer. The customer shall be liable for the careful handling and proper return of such equipment. The customer shall indemnify the hotel against all claims by third parties arising from the provision of such equipment.

2.
The use of the customer’s own electrical equipment connected to the hotel’s power supply requires the hotel’s written consent. Any malfunctions or damage to the hotel’s technical equipment caused by the use of such equipment shall be borne by the customer, unless the hotel is responsible for them. The hotel may charge a flat rate for the electricity costs incurred through such use.

3.
With the hotel’s consent, the customer is entitled to use their own telephone, fax, and data transmission equipment. The hotel may charge a connection fee for this.

4.
If the connection of the customer’s own equipment results in suitable hotel equipment remaining unused, a compensation fee may be charged.

5.
Faults in technical or other equipment provided by the hotel will be remedied immediately if possible. Payments cannot be withheld or reduced if the hotel is not responsible for these faults.

IX.
Loss or damage to items brought along

1.
Exhibition items or other items, including personal items, brought along are kept in the event rooms or in the hotel at the customer’s own risk. The hotel accepts no liability for loss, destruction, or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damage resulting from injury to life, limb, or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

2.
Any decorative materials brought in must comply with fire safety requirements. The hotel is entitled to request official proof of this. If such proof is not provided, the hotel is entitled to remove any materials already brought in at the customer’s expense. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.

3.
Exhibition items or other objects brought to the premises must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer’s expense. If the items remain in the event room, the hotel may charge reasonable compensation for use for the duration of their stay. The customer is free to prove that the above claim has not arisen or has not arisen in the amount claimed.

X.
Customer liability for damages

1.
If the customer is an entrepreneur, they shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from their area, or themselves.

2.
The hotel may require the customer to provide appropriate security (e.g., insurance, deposits, guarantees).

XI.
Final provisions

2.
The place of performance and payment is the location of the hotel.

4.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.

5.
Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

GTC

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