General terms and conditions for the hotel accommodation contract

I. Scope

1. These terms and conditions apply to contracts for the rental of hotel rooms and apartments for accommodation, as well as all other services and deliveries provided by the hotel to the customer.

2. The subletting or further letting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel, whereby Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is waived, unless the customer is a consumer.

3. The customer's terms and conditions shall only apply if this has been expressly agreed in writing beforehand.

II. Conclusion of contract, contracting parties; statute of limitations

1. The contract is concluded upon acceptance of the customer's application by the hotel. 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 made the booking for the customer, that third party is jointly and severally liable to the hotel together with the customer for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.

3. All claims against the hotel become time-barred one year from the statutory commencement of the limitation period.

III. Services, Prices, Payment, Offsetting

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

2. The customer is obligated to pay the hotel's applicable or agreed-upon prices for the room rental and any additional services used. This also applies to services and expenses incurred by the hotel on behalf of the customer and paid to third parties.

3. The agreed prices include the applicable statutory value added tax. If the period between the conclusion of the contract and its fulfillment exceeds four months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 10%.

4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests, and the hotel agrees to this.

5. Hotel invoices without a due date are payable within 10 days of receipt without deduction. The hotel is entitled to demand immediate payment of any outstanding amounts at any time. In case of late payment, the hotel is entitled to charge interest at a rate of 8% above the base interest rate, or, in the case of transactions involving a consumer, 5% above the base interest rate.

The customer retains the right to prove a lower amount of damage, and the hotel retains the right to prove a higher amount.

6. The hotel is entitled to demand a reasonable advance payment or security deposit 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 can be agreed upon in writing in the contract.

7. The customer may only offset or reduce a claim by the hotel with an undisputed or legally valid claim.

IV. Customer cancellation (i.e., cancellation, no-show) / Failure to use hotel services

1. Cancellation of the contract concluded with the hotel by the customer requires the hotel's written consent. If such consent is not given, the agreed price under the contract is payable even if the customer does not make use of the contractual services.
This does not apply if the hotel breaches its obligation to respect the rights, legal interests, and other interests of the customer, if, as a result, the customer can no longer be reasonably expected to adhere to the contract.

2. If a deadline for cancellation of the contract has been agreed upon in writing between the hotel and the customer, the customer may cancel the contract up to that deadline without incurring any payment or damage claims from the hotel. The customer's right of cancellation expires if they do not exercise their right to cancel in writing to the hotel by the agreed deadline, unless cancellation by the customer is based on the case described in section IV, paragraph 1, sentence 3 above.

3. In the case of rooms not used by the customer, the hotel must credit any income from renting the rooms to other parties as well as any expenses saved.

4. The hotel is entitled to demand the contractually agreed remuneration and to apply a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for accommodation 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 did not arise or did not arise in the amount claimed.

V. Hotel's withdrawal

1. If a right of withdrawal for the customer has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract within this period if inquiries from other customers for the contractually booked rooms are received and the customer does not waive his right of withdrawal upon inquiry from the hotel.

2. If an agreed advance payment or an advance payment requested above in accordance with section III, paragraph 6 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract for good cause, for example if

• force majeure or other circumstances beyond the hotel's control that make the fulfillment of the contract impossible;
• Rooms are booked under misleading or false pretenses regarding essential facts, e.g., concerning the identity of the customer or the purpose of the booking;
• The hotel has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in the public eye, without this being attributable to the hotel's sphere of control or organization.
• a violation of section I, paragraph 2 above has occurred.

4. In the event of a justified cancellation by the hotel, the customer is not entitled to compensation.

VI. Room preparation, handover and return

1. The customer does not acquire any right to the provision of specific rooms.

2. Booked rooms are available to the customer from 4:00 PM on the agreed arrival day. The customer has no right to earlier access.

3. On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full room rate (list price) for use of the room beyond the agreed time until 6:00 p.m., and 100% thereafter. This does not establish any contractual claims for the customer. The customer is free to prove that the hotel incurred no loss or a significantly lower loss of revenue.

VII. Hotel Liability

1. The hotel is liable for its contractual obligations with the due diligence of a prudent businessperson. The customer's claims for damages are excluded. This exclusion does not apply to damages resulting from injury to life, body, or health if the hotel is responsible for the breach of duty, nor to other damages based on an intentional or grossly negligent breach of duty by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by its legal representatives or agents. 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 receiving immediate notification from the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and minimize any potential damage.

2. The hotel is liable to the customer for items brought onto the premises in accordance with statutory provisions, up to one hundred times the room rate, but not exceeding €3,500, and for cash, securities, and valuables up to €800. Cash, securities, and valuables can be stored in the hotel or room safe up to a maximum value of €7,500. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately upon becoming aware of any loss, destruction, or damage (§ 703 German Civil Code).

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 moved on the hotel premises and their contents, except in cases of intent or gross negligence. This also applies to the hotel's agents.

4. 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 undertakes the delivery, safekeeping, and – upon request and for a fee – the forwarding of these items.

The preceding paragraph 1, sentences 2 to 4, shall apply accordingly.

VIII. Final Provisions

1. Amendments or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation must be made in writing. Unilateral amendments or additions by the customer are invalid.

2. The place of performance and payment is the hotel's registered office.

3. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – is Halle (Saale) in commercial transactions. If a contracting party meets the requirements of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the hotel's registered office.

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

5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.