General Terms and Conditions for Hotel Accommodation Contracts (Version: OCTOBER 2021)

  1       Scope of Applicability

1.1     These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other

goods and services rendered by the hotel to

the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.

1.2     The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used

for other than lodging purposes, whereby

section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.

1.3     The customer’s general terms and conditions shall apply only if these are previously expressly agreed.

2       Conclusion of Contract, Parties

2.1     The hotel and the customer are the contracting parties. The contract shall come into force upon the hotel’s acceptance of

the customer’s offer. In case of booking via

the hotel's own homepage, the contract is concluded by clicking the button "book with obligation to pay".

3       Services, Prices, Payment, Set-Off

3.1     The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.

3.2     The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted.

This also applies to services ordered by the

customer directly or via the hotel, which a third party provides and the hotel disburses.

3.3     The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include

locally levied taxes, which are owed by the

guest himself according to the particular municipal law, such as visitor’s tax.   
 If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.

3.4     If payment by invoice has been agreed, payment must be made within ten days of receipt of the invoice without deduction,

unless otherwise agreed.

3.5     The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the

customer upon conclusion of the contract. The

amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours. The statutory rules concerning the consequences of default of payment apply.

3.6     In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be

entitled, also after the conclusion of the contract

up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.

3.7     Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable

advance payment or security deposit within

the meaning of the above-mentioned No. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 3.7.

3.8     The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final,

res judicata effect.

3.9     The customer agrees that the invoice can be sent to him electronically.

4       WITHDRAWAL/TERMINATION ("CANCELLATION") OF THE CUSTOMER NON-UTILIZATION OF THE HOTEL'S SERVICES ("NO SHOW")

4.1     Unilateral cancellation by the customer of the contract concluded with the hotel is only possible if a right of withdrawal has

been expressly agreed in the contract or a

statutory right of withdrawal or termination exists.

4.2     If a date has been agreed between the hotel and the customer for withdrawal from the contract free of charge, the

customer may withdraw from the contract up to

that date without triggering payment or damage compensation claims by the hotel. The customer's right to withdraw from the contract shall expire if he does not exercise his right to withdraw from the contract in text form vis-à-vis the hotel by the agreed date.

4.3     If a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not

given and the hotel does not give its consent to

the cancellation of the contract the agreed hotel services shall be paid regardless of whether the customer avails himself of the contractual services. The hotel must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the hotel. In this case, the customer is obligated to pay 90% of the contractually agreed rate for lodging with or without breakfast as well as all-inclusive arrangements with contracted services, 70% for half-board and 60% for full-board arrangements. The customer is entitled to prove that the above-mentioned claim has not accrued at all or has not amounted to the demanded sum.

5       Withdrawal of the Hotel

5.1     Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the

hotel is entitled for its part to withdraw from

the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.

5.2     If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.5 and/or No. 3.6 is not

made even after a reasonable grace period

set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.

5.3     Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in

particular if

-  force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible;

-  rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;

-  the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;

-  the purpose or the cause of the stay is illegal;

-  there is a breach of the above-mentioned No. 1.2.

5.4     The justified withdrawal of the hotel does not justify a claim for damages by the customer. If the hotel is entitled to a claim

for damages against the customer in the

event of withdrawal pursuant to Section 5.2 or 5.3, the hotel may set a lump sum for such damages. In this case, clause 4.3 shall apply accordingly.

6       Room Availability, Delivery and Return

6.1     The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.

6.2     Reserved rooms are available to the customer starting at 2:00 p.m. on the agreed arrival date. The customer does not have

the right to earlier availability.

6.3     Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. After that

time, on the grounds of the delayed

vacating of the room for use exceeding the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 90%). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.

7       Liability of the Hotel

7.1     The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full

intent or gross negligence or due to

intentional or grossly negligent violation of obligations typical for the contract. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfilment of which the customer relies and may rely. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 7. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.

7.2     The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It

recommends the use of the hotel or room safe. If

the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.

7.3     Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a

safekeeping agreement, even if a fee is

exchanged. The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof only pursuant to the preceding No. 7.1, sentences 1 to 4.

7.4     Wake-up calls are carried out by the hotel with the greatest possible diligence. 

 Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. 7, sentences 1 to 4.

8       Final Provisions

8.1     Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be

made in written form. Unilateral

amendments or supplements by the customer are invalid.

8.2     If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Königs Wusterhausen.

However, the hotel is also entitled to sue

the customer at his place of business. The same shall apply in each case to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.

8.3     The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention

on the International Sale of Goods and

Conflict Law are precluded.

8.4     In accordance with the legal obligation, 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 proceedings before consumer arbitration bodies.

8.5     Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the

remaining provisions shall remain unaffected

thereby. The statutory provisions shall also be applicable