Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1 SCOPE OF APPLICATION
1.1 These Terms and Conditions apply to agreements for the rental of hotel rooms for lodging, as well as to all other services and supplies provided by the hotel to the guest in this context (Hotel Accommodation Agreement). The term “hotel accommodation contract” encompasses and replaces the following terms: lodging 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 lodging, require the hotel’s prior written consent, whereby Section 540(1), sentence 2 of the German Civil Code (BGB) is excluded to the extent that the guest is not a consumer.
1.3 The guest’s general terms and conditions shall apply only if this has been expressly agreed upon in advance.
2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION
2.1 The contracting parties are the hotel and the guest. The contract is concluded upon the hotel’s acceptance of the guest’s request. The hotel is free to confirm the room reservation in writing.
2.2 All claims against the hotel are generally subject to a one-year statute of limitations, which begins on the date specified by law. Claims for damages are subject to a five-year statute of limitations, depending on when the hotel becomes aware of the claim, unless they arise from injury to life, limb, health, or liberty. Such claims for damages are subject to a ten-year statute of limitations, regardless of when the hotel becomes aware of the claim. The shortened limitation periods do not apply to claims arising from 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 guest available and to provide the agreed-upon services.
3.2 The guest is obligated to pay the hotel’s agreed-upon or applicable rates for the use of the rooms and any additional services utilized by the guest. This also applies to services ordered by the guest directly or through the hotel that are provided by third parties and advanced by the hotel.
3.3 The agreed-upon rates include taxes and local fees applicable at the time the contract is concluded. Not included are local charges that the guest is personally liable for under applicable municipal law, such as a visitor’s tax. In the event of a change in the statutory value-added tax or the introduction, modification, or abolition of local charges on the subject matter of the service after the contract is concluded, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between the conclusion of the contract and its performance exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction requested by the guest in the number of booked rooms, the hotel’s services, or the guest’s length of stay contingent upon an increase in the price for the rooms and/or for the hotel’s other services.
3.5 Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel may at any time demand immediate payment of due amounts from the guest. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, which is 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 that it has suffered greater damages.
3.6 Upon conclusion of the contract, the hotel is entitled to require the guest 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 upon in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
3.7 In justified cases—such as the guest’s failure to pay or an expansion of the scope of the contract—the hotel is entitled, even after the contract has been concluded and up until the start of the stay, to demand an advance payment or security deposit as defined in Section 3.6 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon compensation.
3.8 The hotel is also entitled, at the beginning of and during the guest’s stay, to require the guest to make a reasonable advance payment or provide security, as defined in Section 3.6 above, for existing and future claims arising from the contract, provided that such payment or security has not already been provided in accordance with Section 3.6 and/or Section 3.7 above.
3.9 The guest may only set off or offset a claim against a claim by the hotel with an undisputed or legally enforceable claim.
4 GUEST’S CANCELLATION (CANCELLATION, WITHDRAWAL)/FAILURE TO UTILIZE THE HOTEL’S SERVICES (NO-SHOW)
4.1 The guest may withdraw from the contract concluded with the hotel only if a right of withdrawal has been expressly agreed upon in the contract, if another statutory right of withdrawal exists, or if the hotel expressly consents to the termination of the contract. The agreement of a right of withdrawal, as well as any consent to the termination of the contract, must be made in writing.
4.2 If a deadline for cancellation of the contract free of charge has been agreed upon between the hotel and the guest, the guest may cancel the contract by that deadline without triggering any claims for payment or damages by the hotel. The guest’s right to cancel expires if the guest does not exercise this right with the hotel by the agreed-upon deadline.
4.3 If a right of withdrawal has not been agreed upon or has already expired, and there is no statutory right of withdrawal or termination, and the hotel does not consent to the termination of the contract, the hotel retains the right to the agreed-upon compensation despite the service not being utilized. The hotel must offset any revenue from renting the rooms to other guests as well as any expenses saved. If the rooms are not rented to other guests, the hotel may apply a flat-rate deduction for saved expenses. In this case, the guest is obligated to pay at least 90% of the contractually agreed-upon price for overnight stays with or without breakfast, as well as for package deals including third-party services; 70% for half-board arrangements; and 60% for full-board arrangements. The guest is free to provide evidence that the aforementioned claim did not arise or did not arise in the amount claimed.
5 CANCELLATION BY THE HOTEL
5.1 If it has been agreed that the guest may withdraw from the contract free of charge within a specified period, the hotel is, for its part, entitled to withdraw from the contract during this period if there are inquiries from other guests regarding the rooms booked under the contract and the guest, upon being asked by the hotel and given a reasonable deadline, does not waive his or her right to withdraw.
5.2 If an advance payment or security deposit agreed upon or required pursuant to Section 3.6 and/or Section 3.7 is not made even after the expiration of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to terminate the contract extraordinarily for objectively justified reasons, in particular if
– force majeure or other circumstances beyond the hotel’s control render fulfillment of the contract impossible;
– Rooms or spaces are booked through culpable provision of misleading or false information or concealment of material facts; such material facts may include the guest’s identity, financial solvency, or the purpose of the stay;
– the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational responsibility;
– the purpose or reason for the stay is unlawful;
– there is a violation of Section 1.2 above.
5.4 The hotel’s justified termination of the contract does not entitle the guest to claim damages.
6 ROOM ALLOCATION, CHECK-IN, AND CHECK-OUT
6.1 The guest has no right to be provided with specific rooms unless this has been expressly agreed upon.
6.2 Booked rooms are available to the guest starting at 3:00 p.m. on the agreed-upon arrival date. The guest has no right to check in earlier.
6.3 If the guest arrives outside of reception hours without prior arrangement, a flat-rate service fee of €50.00 will be charged.
6.4 On the agreed-upon departure date, the guest must vacate the room and make it available to the hotel by 11:00 a.m. at the latest. After that time, due to the delayed vacating of the room, the hotel may charge 50% of the full room rate (list price) for its use beyond the contractual period until 6:00 p.m., and 90% after 6:00 p.m. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel incurred no charge for use of the room or a significantly lower charge.
6.5 Smoking is not permitted anywhere in the hotel. If we determine that smoking has taken place in the room (or in public areas), the guest will be charged €250.00 in cleaning fees. If the fire alarm is triggered due to smoking in the room, you will be billed for the fire department’s response costs in the amount of approximately €800.00.
6.6 If a guest leaves their room excessively dirty—for example, if confetti has been scattered or food has been cooked in the room—we will charge a cleaning fee of €50.00. Should damage to the hotel room result from improper use, these costs will be billed separately.
6.7 Cameras are located in various areas of the building. Anyone staying at our hotel agrees to be recorded. In the event of disasters and/or incidents, these recordings may be shown to third parties as supporting evidence.
6.8 Between 11:00 p.m. and 7:00 a.m., the entire hotel must remain quiet. Noise disturbances will not be tolerated.
6.9 Bicycles may not be brought into hotel rooms. Batteries for e-bikes or other electric vehicles may not be stored or charged in the rooms either. Bicycles may only be stored and batteries charged in the bicycle storage room.
7 HOTEL LIABILITY
7.1 The hotel is liable for damages resulting from injury to life, body, or health for which it is responsible. Furthermore, the hotel is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of the hotel’s obligations typical to the contract. A breach of duty by a legal representative or vicarious agent of the hotel is deemed equivalent to a breach of duty by the hotel itself. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the guest. The guest is obligated to do what is reasonably expected of them to resolve the disruption and minimize any potential damage.
7.2 The hotel is liable to the guest for items brought onto the premises in accordance with statutory provisions. If the guest wishes to bring in cash, securities, and valuables worth more than 800 euros or other items worth more than 3,500 euros, a separate storage agreement with the hotel is required.
7.3 If a parking space is made available to the guest in the hotel parking lot, even for a fee, this does not constitute a contract of safekeeping. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel is liable only in accordance with the provisions of Section 7.1, sentences 1 through 4, above.
7.4 Wake-up calls are handled by the hotel with the utmost care. Messages, mail, and packages for guests are handled with care. The hotel assumes responsibility for the delivery, safekeeping, and—upon request—forwarding of such items for a fee. In this regard, the hotel is liable only in accordance with the provisions of Section 7.1, sentences 1 through 4, above.
8 FINAL PROVISIONS
8.1 Any amendments or additions to the contract, the acceptance of the reservation, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the guest are invalid.
8.2 In all cases not covered by these House Rules, the hotel management shall decide.
8.3 The place of performance and payment, as well as the exclusive venue—including for disputes involving checks and bills of exchange—in commercial transactions is Korbach. If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general venue within Germany, Korbach shall be the venue.
8.4 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded.
8.5 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 apply.
