- Scope of application
1.1 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 for 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, seminar contract, conference contract, conference package.
1.2 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 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance
- Conclusion of contract, contract partner, limitation period
2.1 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 text form.
2.2 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.
2.3 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages shall become time-barred after five years, irrespective of knowledge. The shortening of the limitation period does not apply to claims.
3. services, prices, payment, offsetting
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 of the hotel for the provision of the room 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 respective statutory value added tax.
3.3 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the customer’s length of stay requested by the customer dependent on the price for the rooms and/or for the hotel’s other services being increased.
3.4 Hotel invoices without a due date are payable in full within 7 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 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.
3.5 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 deposit or similar. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
3.6 In justified cases, e.g. payment arrears of the customer, the hotel is entitled 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, even after conclusion of the contract up to the beginning of the stay.
3.7 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit within the meaning of No. 5 above from the customer at the beginning and during the stay for existing and future claims arising from the contract, insofar as such has not already been made in accordance with No. 5 and/or 6 above.
3.8 The customer may only offset or reduce a claim of the hotel or exercise a right of retention with an undisputed or legally binding claim.
- Withdrawal by the customer (cancellation) / non-utilization of the hotel’s services (no-show)
4.1 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. This shall not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result, or if the customer is entitled to any other statutory or contractual right of withdrawal.
4.2 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 rescission shall expire if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date, unless a case of rescission by the customer pursuant to No. IV No. 1 sentence 3 exists.
4.3 Cancellation by the customer is free of charge up to 14 days before the date of arrival, from 2 weeks up to 1 week the cancellation fee is 60% of the package price, up to 7 days 80% of the package price and on the day of arrival 100% of the total package price. Exceptions are bookings with a non-cancellable rate.
4.4 Cancellation by the customer for wellness treatments is free of charge up to 48 hours before the appointment, thereafter the cancellation fee is 100% of the treatment price
- Withdrawal of the hotel
5.1 If it has been agreed in writing that the customer can 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 for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel.
5.2 If an advance payment or security deposit agreed upon or demanded 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 shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to extraordinary withdrawal from the contract 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 information regarding material facts, e.g. the person of the customer or the purpose of his stay; – the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization; – there is a breach of the above-mentioned Section I No. 2.
5.4 In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
- Room provision, handover and return
6.1 The customer does not acquire any entitlement to the provision of specific rooms.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
6.3 On the agreed day of departure, 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 late vacating of the room until 6:00 p.m., and 100% from 6:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.
7 Liability of the hotel
7.1 The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body 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.
7.2 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 € 3,500, and up to € 800 for money, securities and valuables. Money, securities and valuables up to a maximum value of € 2,000 may be stored in the hotel or room safe. The hotel recommends making use of this option.
7.3 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 shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. The above No. 1 sentences 2 to 4 apply accordingly.
7.4 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. The above No. 1 sentences 2 to 4 apply accordingly.
- Final provisions
8.1 Amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
8.2 The provisions of the Package Travel Act of 01.07.2018 also apply
8.3 Please also note the separate data protection provisions.
8.4 The place of performance and payment is the registered office of the hotel.
8.5 The exclusive place of jurisdiction – also for disputes relating to checks and bills of exchange – for commercial transactions is the registered office of the hotel under company law. If a contractual partner fulfills the requirements of § 38 paragraph 2 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.
8.6 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.
8.7 Should individual provisions of these General Terms and Conditions for the hotel accommodation contract 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.
© Hotelverband Deutschland (IHA) e.V | As of: September 2023
