Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1. SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation as well as 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, guest accommodation, hotel, hotel room contract.
1.2 Subletting or re-letting the rooms provided, as well as their use for purposes other than accommodation, requires the prior consent of the hotel in text form, whereby § 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer within the meaning of § 13 BGB.
1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in advance in text form.
2. CONTRACT CONCLUSION, PARTIES, STATUTE OF LIMITATIONS
2.1 The contractual parties are the hotel and the customer. The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel generally expire one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims if 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 obligated to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or applicable hotel prices for the room rental and other services used. This also applies to services commissioned by the customer directly or via the hotel, provided by third parties, and paid for by the hotel in advance.
3.3 The agreed prices include the applicable taxes and local charges at the time of contract conclusion. Local charges payable by the guest under local law, such as visitor's tax, are not included. If there is a change in statutory VAT or the introduction, modification, or abolition of local charges related to the subject of performance after the contract is concluded, the prices shall be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and fulfillment exceeds four months.
3.4 The hotel may condition its consent to a subsequent reduction in the number of booked rooms, hotel services, or the customer's stay duration requested by the customer on an increase in the price for the rooms and/or other hotel services.
3.5 Hotel invoices are payable immediately upon receipt without any deduction. If payment on account is agreed, payment is due within 10 days of receipt of the invoice without deduction, subject to a different agreement.
3.6 The hotel is entitled to request a reasonable advance payment or security deposit from the customer upon contract conclusion, for example, in the form of a credit card guarantee. The amount of the advance payment and payment dates may be agreed in the contract in text form. For advance payments or security deposits for package holidays, the statutory provisions remain unaffected. In the event of the customer's default in payment, the statutory provisions shall apply.
3.7 In justified cases, such as arrears in payment by the customer or expansion of the contract's scope, the hotel is entitled to demand an advance payment or security deposit within the meaning of the preceding clause 3.6, or an increase in the advance payment or security deposit agreed in the contract, up to the full agreed remuneration, even after the contract has been concluded and up to the beginning of the stay.
3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit in the sense of the preceding clause 3.6 at the start and during the stay from the customer for existing and future claims from the contract, provided that such has not already been provided in accordance with the preceding clause 3.6 and/or clause 3.7.
3.9 The customer may only offset or reduce a claim by the hotel with an undisputed or legally established claim. This does not apply to claims by consumers after they have exercised their right of withdrawal.
4. CUSTOMER WITHDRAWAL (CANCELLATION) / FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal was expressly agreed in the contract, a statutory right of withdrawal exists, or if the hotel expressly agrees to cancel the contract.
4.2 If a date for free cancellation of the contract was agreed 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.
4.3 If no right of withdrawal has been agreed or has expired, there is no statutory right of withdrawal or termination, and the hotel does not agree to cancel the contract, the hotel shall retain its claim to the agreed
remuneration despite non-use of the service. The hotel shall offset any income from renting the rooms to other parties and any expenses saved. If the rooms are not rented to others, the hotel may apply a flat rate for saved expenses. The customer shall pay 90% of the agreed price for accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board, and 60% for full-board arrangements. The customer is free to prove that the claim mentioned above was not incurred or was not incurred in the amount claimed.
5. HOTEL WITHDRAWAL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is likewise entitled to withdraw from the contract within this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive their right to withdraw upon inquiry by the hotel with an appropriate deadline. This applies accordingly to the granting of an option if other inquiries are received and the customer is not willing to make a binding booking upon inquiry by the hotel with an appropriate deadline.
5.2 If an agreed or requested advance payment or security deposit according to clauses 3.6 and/or 3.7 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.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for good cause, especially if - Force majeure or other circumstances beyond the hotel's control make the contract's fulfillment impossible; - Rooms or spaces are culpably booked under misleading or false information of essential facts; essential here may be the customer's identity, solvency, or the purpose of stay; - the hotel has reasonable cause to assume that the use of the hotel service may endanger the smooth operation, safety, or public reputation of the hotel, without this being attributable to the hotel's domain or organization; - the purpose or reason for the stay is illegal; - a violation of the above clause 1.2 applies.
5.4 The hotel's justified withdrawal does not entitle the customer to compensation.
6. ROOM AVAILABILITY, DELIVERY, AND RETURN
6.1 The customer acquires no right to the provision of specific rooms, unless expressly agreed in text form.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.3 On the agreed departure date, rooms must be vacated and made available to the hotel no later than 12:00 noon. After that, the hotel may charge 50% of the full lodging rate (price according to the price list) for the room’s additional use until 6:00 p.m., and 90% after 6:00 p.m. This does not create any contractual claims by the customer. The customer is free to prove that the hotel has no or a significantly lower claim for usage fees.
7. HOTEL LIABILITY
7.1 The hotel is liable for damages for which it is responsible arising from injury to life, body, or health. It is also liable for other damages resulting from intentional or grossly negligent breach of duty by the hotel or intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those that enable the proper execution of the contract and on whose fulfillment the customer relies and may rely. The hotel's liability is equivalent to that of its legal representatives or agents. Further claims for damages are excluded unless otherwise provided for in this clause 7. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to provide a remedy upon knowing or immediately upon the customer's complaint. The customer is obligated to contribute what is reasonable to rectify the disruption and keep any possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought into the hotel under statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring cash, securities, or valuables exceeding a value of 800 euros or other items exceeding 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 If a parking space is provided to the customer in the hotel garage or hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In case of loss of or damage to vehicles parked or maneuvered on the hotel premises and their contents, the hotel is only liable under the terms of clause 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with utmost care. Messages for customers are handled with care. The hotel may, after prior arrangement with the customer, accept, store, and forward mail and merchandise deliveries for a fee upon request. The hotel’s liability here is limited to the terms of clause 7.1, sentences 1 to 4.
8. FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of applications, or these general terms and conditions should be made in text form. Unilateral changes or additions are ineffective.
8.2 The place of performance and payment, as well as the exclusive place of jurisdiction – also for check and bill disputes – is Heidelberg in commercial transactions. If the customer meets the requirements of § 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general jurisdiction in Germany, the place of jurisdiction is Heidelberg (please insert location, either the hotel’s location or the operator's company seat).
8.3 German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
8.4 Pursuant to statutory obligations, the hotel points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution procedures before consumer arbitration boards.
8.5 Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions apply.
Last updated: 06.11.2024