I. SCOPE OF APPLICATION

1. These terms and conditions shall apply to agreements on the provision of hotel rooms on a rental basis for accommodation purposes, as well as all additional goods and services provided to the customer by the hotel in this regard (hotel accommodation agreement). The term “hotel accommodation agreement” encompasses and replaces the following terms: accommodation agreement, lodging agreement, hotel agreement, hotel room agreement.
2. Subletting or subleasing the provided rooms or using them for purposes other than accommodation requires the prior written approval of the hotel; Section 540(1)(2) of the German Civil Code (BGB) is waived if the customer is not a consumer.
3. The customer’s general terms and conditions shall apply only if this has been expressly agreed in writing in advance.

II. CONCLUSION OF THE AGREEMENT, PARTIES TO THE CONTRACT, LIMITATION PERIOD

1. The agreement shall come into effect upon the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in writing.
2. The parties to the contract are the hotel and the customer. If a third party has made the booking on the customer’s behalf, such party shall be jointly and severally liable together with the customer to the hotel for all obligations arising from the hotel accommodation agreement if the hotel is in possession of a corresponding declaration by the third party.
3. All claims against the hotel shall in principle lapse within one year from the start of the statutory limitation period. Claims for damages shall lapse within five years regardless of knowledge. The shortened limitation periods shall not apply to claims based on a wilful or grossly negligent breach of duty on the part of the hotel.

III. SERVICES, PRICES, PAYMENT, SET-OFF

1. The hotel is obliged to have the room that has been booked by the customer ready and to provide the agreed services.
2. The customer is obliged to pay the hotel’s prices for the hire of the room as agreed or applicable and for additional services used by the customer. This also applies to services provided and costs incurred by the hotel for the benefit of third parties where such services and costs are ordered by the customer. The agreed prices include the applicable statutory VAT.
3. The hotel may make its approval of a subsequent request for a reduction in the number of rooms booked, the hotel service or the customer’s length of stay conditional on an increase in the price of the rooms and/or the hotel’s other services.
4. Bills issued by the hotel without a due date must be paid without deductions within 10 days of receipt of the bill. The hotel may demand the immediate payment of overdue claims from the customer at any time. In the event of a delayed payment, the hotel is entitled to demand the applicable statutory late payment interest, currently 8% above the base rate, or 5% above the base rate for transactions involving a consumer. The hotel reserves the right to provide proof of greater damages.
5. The hotel is entitled when concluding the contract to demand a suitable advance payment or security deposit in the form of a credit card guarantee, down payment or similar. The amount of the advance payment and the payment deadlines may be agreed in writing in the contract. In cases of advance payments or security deposits for travel packages, the statutory provisions remain unaffected.
6. In justified cases, such as outstanding payments due from the customer, the hotel is entitled to demand an advance payment or security deposit within the meaning specified in item 5 above or an increase of the contractually agreed advance payment or security deposit up to the full agreed amount, even after signing the agreement and until the commencement of the stay.
7. Furthermore, the hotel is entitled to demand an appropriate advance payment or security deposit within the meaning of item 5 above from the customer at the commencement of and during the stay for existing and future claims arising from the agreement, provided that none has already been paid pursuant to items 5 and/or 6.
8. The customer may only offset or reduce a claim asserted by the hotel or exercise a right of retention with an undisputed or legally binding claim.

IV. WITHDRAWAL BY THE CUSTOMER (UNSUBSCRIPTION, CANCELLATION)/FAILURE TO MAKE USE OF THE HOTEL’S SERVICES (NO SHOW)

1. A withdrawal on the part of the customer from the agreement concluded with the hotel requires the hotel’s written approval. If this is not given, the agreed price stipulated in the agreement must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the hotel’s obligation to take into account the customer’s rights, legal protections and interests if these mean that the customer is no longer expected to adhere to the contract, or if the customer is entitled to any other statutory or contractual right of withdrawal.
2. If a deadline has been agreed between the hotel and the customer for withdrawal from the agreement free of charge, the customer may withdraw from the contract until that time without leading to any claims to payment or compensation on the part of the hotel. The customer’s right of withdrawal shall lapse if the customer does not exercise the right by the agreed deadline in writing to the hotel, except in the event of a withdrawal by the customer pursuant to Section IV item 1 sentence
3. For rooms that have not been used by the customer, the hotel must deduct any revenue obtained from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented to any other parties, the hotel may demand the contractually agreed payment and charge the deduction for expenses saved as a lump sum. In such an event, the customer is obliged to pay at least 90% of the contractually agreed price for stays with or without breakfast, 70% for half-board arrangements and 60% for full-board arrangements. The customer is free to provide proof that the aforementioned claim has not arisen or has not arisen in the amount demanded.

V. WITHDRAWAL BY THE HOTEL

1. If it has been agreed in writing that the customer may withdraw from the agreement free of charge within a particular period, the hotel shall also be entitled to withdraw from the agreement within this period if there are enquiries from other customers regarding the contractually booked rooms and the customer does not waive the right of withdrawal.
2. If an advance payment or security deposit, whether agreed or demanded pursuant to Section III items 5 and/or 6 above, is not paid even after the expiry of a reasonable extended deadline set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel shall be entitled to an extraordinary withdrawal from the contract on objectively justified grounds, for example if: – it becomes impossible for the hotel to fulfil the agreement due to force majeure or other circumstances beyond the hotel’s control; – rooms are booked by providing misleading or false information with regard to material facts, e.g. the person of the customer or the purpose of the customer’s stay; – the hotel has reasonable grounds to believe that the use of the hotel service could jeopardise the smooth business operation, safety or public reputation of the hotel and this is not attributable to the hotel’s domain or organisational field; – there has been a breach of Section I item 2 above.
4. In the event of a justified withdrawal by the hotel, the customer shall not be entitled to compensation.

VI. ROOM PREPARATION, DELIVERY AND RETURN

1. The customer shall obtain no claim to the provision of particular rooms.
2. Booked rooms shall be available to the customer from 14:00 on the agreed arrival date. The customer has no claim to earlier availability.
3. On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 12:00. After that time, the hotel may, on the basis of the late evacuation of the room, charge for its use over and above the terms of the agreement in the amount of up to 50% of the total accommodation cost (list price) until 18:00, and 100% after 18:00. This shall not justify any contractual claims on the part of the customer. The customer shall be free to provide proof that the usage fee to which the hotel has a claim is non-existent or significantly lower.

VII. LIABILITY OF THE HOTEL

1. The hotel shall be liable for carrying out its obligations under the agreement with the care expected of a prudent businessman. Any claims to compensation on the part of the customer are ruled out. Exceptions to this are damages resulting from loss of life, bodily injury or damage to health if the hotel is responsible for the breach of obligation, other damages resulting from a wilful or grossly negligent breach of obligation by the hotel, and damages resulting from a wilful or negligent breach of typical contractual obligations by the hotel. A breach of obligation on the part of a legal representative or vicarious agent shall be equal to one on the part of the hotel itself. In the event of disruptions to or defects in the services provided by the hotel, the hotel shall, when it becomes aware of them or upon receiving an immediate complaint from the customer, endeavour to remedy them. The customer is obliged to contribute as far as can be expected in order to remedy the disruption and to keep potential damage to a minimum.
2. For items brought in by the customer, the hotel shall be liable to the customer in accordance with statutory provisions, i.e. up to one hundred times the price of the room but in any event no more than €3,500, and up to €800 for money, securities and valuables. Money, securities and valuables up to a maximum value of € (insert the amount insured by the hotel) may be stored in the hotel or room safe. The hotel recommends making use of this option.
3. If a parking space in the hotel garage or a hotel car park is made available to the customer, whether for a fee or not, this shall not give rise to a contract of safe custody. The hotel shall not be liable for loss or damage to vehicles parked or arranged on hotel property, or to the contents of such vehicles, except in cases of intent or gross negligence. Item 1 sentences 2 to 4 above shall apply accordingly.
4. Wake-up calls shall be made by the hotel with the utmost diligence. Messages, post and deliveries for guests shall be handled with care. The hotel shall ensure their delivery, storage and – on request and for a fee – redirection. Item 1 sentences 2 to 4 above shall apply accordingly.

VIII. FINAL PROVISIONS

1. Any changes or additions to the agreement, the acceptance of the application or these general terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions made by the customer shall be invalid.
2. The place of performance and payment shall be the location of the hotel.
3. The sole place of jurisdiction for commercial transactions – including disputes relating to cheques and bills of exchange – shall be the corporate headquarters of the hotel. If a party to the contract fulfils the requirement of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the corporate headquarters of the hotel shall be deemed to be the place of jurisdiction.
4. German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods and conflict of laws provisions is ruled out.
5. If individual provisions of these general terms and conditions for the hotel accommodation agreement are or become ineffective or void, this shall have no impact on the effectiveness of the remaining provisions. Additionally, the statutory provisions shall apply.

Date

© Hotelverband Deutschland (IHA) e.V.
Version dated: Juni 2010