1. These General Terms and Conditions apply for the Hotel Accommodation Contract as well as all other
services and supplies rendered to the Guests by the Hotel.
2. Derogating terms and conditions, even if included in the General Terms and Conditions of the Guest
or the Ordering Party, shall not apply unless expressly acknowledged in writing by the Hotel.
II. Conclusion of Contract, Contractual Partner
1. Upon the Guest’s request for reservation, a hotel accommodation contract comes into existence upon
the Hotel’s corresponding confirmation of the reservation (hereinafter referred to as “Contract”).
2. Contractual Partners are the Hotel and the Guest. If a third party has made the reservation on behalf
of the Guest, this party shall be liable to the Hotel jointly and severally together with the Guest for
all obligations arising from the Contract if the Hotel has been submitted a corresponding declaration
given by the Ordering Party. Independent of this, any Ordering Party is obliged to pass on all booking-related information to the Guest, in particular the present General Terms and Conditions.
3. Sub-letting and re-letting of rooms let as well as their use for purposes other than accommodation
shall require the Hotel’s prior written consent.
III. Services, prices, payment, set-off
1. The Hotel is obliged to have the booked rooms available according to the present General Terms and
to render the services agreed.
2. The Guest is obliged to pay the prices applying to or agreed on for provision of accommodation and
additional services he/she has used. This also applies to third-party services and expenses which are
incurred to the Hotel by the Guest or the Ordering Party. The agreed prices shall be understood inclusive of VAT. If the period elapsing between conclusion of the contract and arrival of the Guest
exceeds four months and the applicable VAT or local taxes and levies increase, the Hotel reserves
the right to increase the agreed prices by the amount by which the applicable VAT or local taxes and
levies have increased.
3. The Hotel may make its consent to a reduction in the number of booked rooms, the service of the
Hotel or the duration of the Guests’ stay conditional on an increase in the price for the rooms
and/or for the other services of the Hotel.
4. Upon receipt, invoices issued by the Hotel shall become due for payment immediately, without
deduction. The Hotel may at any time request the Guest to pay claims due for payment without undue
delay. The Guest shall be in default at the latest upon failure to pay within 30 days after the due date
and receipt of an invoice. This shall apply to a Guest who is consumer only if these consequences
have been specified in the invoice. In the case of default of payment, the Hotel is entitled to charge
consumers interest equal to 5 percentage points above the base rate. For business transactions, the
interest rate for payment default is 8 percentage points above the base rate. The Hotel is reserved
the right to prove a higher damage. For each reminder sent after default occurs, the Hotel may
charge a reminder fee in the amount of EUR 5.00.
5. The Hotel is entitled to request from the Contractual Partner, on conclusion of the Contract or later,
a reasonable advance payment or security in the form of a credit card guarantee, downpayment or
similar. The amount of the advance payment and the payment dates may be agreed in the Contract
6. In justified cases, e.g. payment arrears of the Guest or expansion of the contractual scope, the Hotel
is entitled to request, also after conclusion of the Contract up to the commencement of the stay, an
advance payment or furnishing of security within the meaning of clause 5 above or the increase in
the advance payment or security agreed in the Contract up to the full agreed remuneration.
7. The Hotel is further entitled, at the beginning of and during the Guest’s stay, to request a reasonable advance payment or furnishing of security within the meaning of clause 5 above for existing
and future claims under the Contract unless such advance payment or furnishing of security has
already been effected in accordance with clause 5 and/or clause 6 above.
8. The Guest shall be entitled to set off a claim of the Hotel only with unappealable and final res
IV. Rescission by the Guest, cancellation
1. The Hotel grants to the Guest the right to rescind the Contract at any time subject to the following
a) If the Guest rescinds the booking, the Hotel shall be entitled to reasonable compensation.
b) The Hotel may elect to claim from the Guest damage compensation in the form of a lump-sum compensation amount instead of a specifically calculated compensation. The lump-sum compensation
shall amount to 90 % of the contractually agreed price for overnight accommodation with or without
breakfast, 70 % of the contractually agreed price for overnight accommodation with half-board and
60 % of the contractually agreed price for overnight accommodation with room and full board
arrangements. The Guest shall be free to prove that the Hotel has not suffered any damage, or that
the damage incurred to the Hotel amounts to less than the lump-sum compensation claimed.
c) If the Hotel calculates the damage specifically, the amount of such reasonable damage may total
as a maximum the contractually agreed price for the services to be rendered by the Hotel, less the
value of the expenses saved by the Hotel as well as the amount accruing to the Hotel from supplies
and services rendered to any other contractual partners instead.
2. The above provisions on the compensation shall apply mutatis mutandis if the Guest does not
make use of the booked room or the booked services and fails to notify this fact to the Hotel in due
3. If the Hotel has granted to the Guest an option to rescind the Contract within a certain period without any further legal consequences, the Hotel shall not be entitled to any compensation. For the question of whether the declaration of rescission is made in due time, receipt thereof at the Hotel shall
be decisive. The Guest has to declare the rescission in writing.
V. Rescission by the Hotel
1. If a rescission right free of charge has been granted to the Guest according to IV clause 3, the Hotel
shall likewise be entitled to rescind the Contract within the agreed period in the event that other guests
inquire for the booked rooms and the Guest does not waive his/her rescission right free of charge
pursuant to IV clause 3 after being requested to do so by the Hotel.
2. If an agreed advance payment or security, or such advance payment or security as requested
pursuant to III clause 5 and/or 6, is not performed, also after expiry of a grace period set by the
Hotel, the Hotel shall also be entitled to rescind the Contract.
3. Moreover, the Hotel is entitled to rescind the Contract in particular if
• force majeure or other circumstances not attributable to the Hotel make it impossible to perform the
• misleading or incorrect statements of material facts have been used in booking rooms, for example
with respect to the identity of the Guest or the purpose;
• the Hotel has good reason to assume that the Guest’s use of the Hotel’s services may jeopardise the
Hotel’s smooth business operations, safety, or reputation in the public, without such matters being
attributable to the Hotel’s scope of control or organisation;
• unauthorised sub-letting or re-letting according to II clause 3 exists;
• a case of VI clause 3 exists;
• the Hotel has gained knowledge of the fact that the financial situation of the Guest has considerably
worsened after conclusion of contract, in particular if the Guest does not settle due claims of the Hotel
or does not provide sufficient security and as a result payment claims of the Hotel appear to be
• the Guest has filed an application for the opening of insolvency proceedings on his/her assets, submitted an affidavit of means pursuant to section 807 of the German Code of Civil Procedure
(Zivilprozessordnung – ZPO), initiated extra judicial proceedings for the settlement of debts or
suspended his/her payments;
• insolvency proceedings are opened on the assets of the Guest or the opening of insolvency proceedings is rejected for lack of assets.
4. The Hotel is obliged to inform the Guest in writing of the exercise of the right of rescission without
5. In the above cases of rescission, the Guest shall not be entitled to compensation for damage.
VI. Arrival and departure
1. The Guest is not entitled to the provision of specific rooms unless the Hotel has confirmed the provision of specific rooms in writing.
2. Booked rooms shall be available to the Guest from 3.00 p.m. on the agreed date of arrival. The Guest
shall not be entitled to earlier provision.
3. Booked rooms shall be claimed by the Guest on the agreed date of arrival by 6.00 p.m. at the latest.
Unless a later time of arrival has expressly been agreed, the Hotel shall have the right, after
6.00 p.m., to place the booked rooms with other guests, without the Guest being able to claim any
compensation as a result. In this regard the Hotel is entitled to rescission.
4. On the agreed date of departure, the rooms shall be vacated and placed at the Hotel’s free disposal by 12.00 p.m. at the latest. For rooms not vacated by then, the Hotel may charge, beyond
the damage incurred to it thereby, until 6.00 p.m. the daily room rate for the additional use of the
room and from 6.00 p.m. 100 % of the full applicable price for board and lodging. The Guest is free
to prove to the Hotel that no damage or a considerably lower damage was incurred to the Hotel.
VII. Liability of the Hotel, limitation
1. In the event of any disruption to or defects in the services of the Hotel, the Hotel shall endeavour to
remedy the same as notified by the Guest without undue delay. If the Guest culpably fails to notify the
Hotel of a defect, this shall not establish the right to reduce the contractually agreed remuneration.
2. Subject to the statutory provisions, the Hotel shall be liable for all damage arising from injury to life,
limb and health as well as in the case of a guarantee given by the Hotel and for malicious nondisclosure of defects.
3. For all other damage not covered by VII clause 2 and caused by slight negligence on the part of the
Hotel, its legal representatives or its agents, the Hotel shall be liable only if such damage is attributable to a material contractual obligation or a cardinal obligation having been breached in a manner
jeopardising the purpose of the contract. In these cases liability shall be limited to the damage
typically foreseeable for this contract type.
4. The foregoing limitations of liability shall apply to all damage claims, irrespective of their legal ground,
including claims in tort. The foregoing limitations and exclusions of liability shall also apply to any
claims for damages of a Guest against employees or agents of the Hotel. They shall not apply in the
cases of liability for a defect if a guarantee for the quality of an object or work has been given or in
cases of fraudulently concealed defects or injury to persons.
5. For items brought in, the Hotel is liable to the Guest subject to the statutory provisions, i.e. up to
100 times the room rate, however, up to a maximum of EUR 3,500.00. For valuables (cash, jewellery etc.), liability shall be limited to EUR 800.00. The Hotel recommends depositing items in the
room safe or central hotel safe.
6. If the Guest is provided with a parking space in the garage or the car-park of the Hotel, even
against payment, this shall not constitute the conclusion of a contract of bailment. The Hotel shall
not have any surveillance obligations for the vehicles. If vehicles or the contents of vehicles parked
or otherwise situated on the Hotel premises are lost or damaged, the Hotel shall be not liable unless
the Hotel, its legal representatives or its agents have caused such damage by intent or gross
negligence. In this case, the damage must be asserted to the Hotel on departure from the Hotel at
7. Wake-up services shall be performed by the Hotel with the utmost care. Claims for damages shall
be excluded except in cases of gross negligence or intent.
8. The Hotel shall treat with care messages, mail and consignment of goods for the Guests. The Hotel
shall ensure delivery, storage and, upon request and against payment, forwarding of the same as
well as of found items upon inquiry. Claims for damages shall be excluded except in cases of gross
negligence or intent. The Hotel is entitled to hand over the aforementioned items to the local lost
property office after a storage period of one month at the latest, charging a reasonable fee.
9. The Guest’s claims for damages shall fall under the statute of limitations no later than two years from
the time the Guest obtains knowledge of the damage, or, irrespective of such knowledge, no later
than three years from the damaging event. This shall not apply to liability for damages arising from
injury to life or limb as well as for any other damage based on a breach of duty through intent or
gross negligence on the part of the Hotel, a legal representative or an agent of the Hotel.
VIII. Final provisions
1. Changes or amendments to the Contract, in the acceptance of the offer or to these General Terms
and Conditions for the Hotel Accommodation Contract shall be made in writing. Any unilateral
changes or modifications on the part of the Guest shall be invalid. To preserve the written form
requirements defined in these General Terms, it shall also suffice if such notice is made by fax or e-mail.
2. Place of performance and payment shall be the registered office of the Hotel.
3. The place of jurisdiction – if the Contractual Partner of the Hotel is a merchant or a public-law legal
entity – shall be the registered office of the Hotel or, at the Hotel’s election, Frankfurt am Main. If
the Contractual Partner of the Hotel does not have a general place of jurisdiction within the territory
of the Federal Republic of Germany, the place of jurisdiction shall be the registered office of the Hotel.
However, the Hotel is also entitled to institute complaints and other legal proceedings also at the
Guest’s general place of jurisdiction.
4. The laws of the Federal Republic of Germany shall apply to the exclusion of the United Nations
Convention on Contracts for the International Sale of Goods (CISG).
5. Should individual provisions of these General Terms and Conditions for the Hotel Accommodation
Contract be or become invalid or void, the validity of the remaining provisions shall not be affected
thereby. The statutory provisions shall apply additionally.
Version: March 2012