General Terms & Conditions (GTC)
General Terms and Conditions for the Hotel Accommodation Agreement
I. Scope of application
(1) These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes and all other services and deliveries provided to the customer in this connection by the hotel company with which the hotel agreement is concluded (hereinafter: “the hotel”). The term “hotel accommodation agreement” includes and replaces the following terms: Accommodation, guest accommodation, hotel, hotel room agreement.
(2) Subletting or subletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived, unless the customer is a consumer.
(3) The customer’s General Terms and Conditions of Business shall not apply unless they are expressly accepted by the hotel in writing.
II. Contract Conclusion & Partners
(1) The contract is concluded by offer and acceptance. The hotel’s declaration of intent must be in text form.
(2) The contracting parties are the hotel and the customer.
(3) All claims against the hotel are generally subject to a limitation period of one year from the beginning of the statutory limitation period. This shall not apply to claims for damages and other claims, provided that the latter are based on a wilful or grossly negligent breach of duty by the hotel.
III. services, prices, payment, offsetting
(1) The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
(2) The customer is obligated to pay the hotel’s applicable or agreed prices in the hotel’s local currency for the room and the additional services used by the customer. This shall also apply to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. Additional costs incurred by the hotel as a result of the customer’s payment obligation in a currency other than the hotel’s local currency shall be charged to the customer by the hotel and shall be borne by the hotel.
(3) The prices agreed for the provision of rooms shall be due at the latest at the time of check-in, and the remuneration for other services used shall be due at the latest at the end of the customer’s stay at the hotel. Any advance payments made in accordance with paragraphs 7 to 9 shall be credited against the total amount of the remuneration.
(4) The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local charges which are levied in accordance
are owed by the customer himself, such as visitor’s tax. In the event of a change in the statutory turnover tax or the introduction, amendment or abolition
local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this shall only apply if the period between conclusion of the contract and performance of the contract exceeds four months.
(5) The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the customer’s length of stay requested by the customer dependent on an increase in the price for the rooms and/or for the hotel’s other services.
(6) Invoices of the hotel are due for payment without deduction immediately upon receipt. If payment on account has been agreed, payment shall be made without deduction within ten days of receipt of the invoice, unless otherwise agreed. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel may charge a reminder fee of EUR 2.50 for each reminder after the occurrence of default, unless the customer provides evidence that the hotel has actually incurred no or lower damages. The Hotel reserves the right to prove higher damages and to assert claims for damages accordingly, taking into account the flat-rate reminder fee forfeited.
(7) Upon conclusion of the contract, the Hotel is entitled to demand a reasonable advance payment or security deposit from the customer, e.g. in the form of a credit card guarantee. The amount of the
Advance payment and payment dates can be agreed upon in the contract in text form. In the case of advance payments or securities for package tours, the statutory
provisions shall remain unaffected. In case of default of payment by the customer, the statutory provisions shall apply.
(8) In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand payment from the customer even after conclusion of the contract until the beginning of the
The customer is entitled to demand an advance payment or a security deposit in the sense of the above mentioned number III. paragraph 7 or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
(9) Furthermore, the hotel is entitled, at the beginning of the stay and during the stay, to demand from the customer a reasonable advance payment or security deposit for existing and future
claims arising from the contract, insofar as such claims have not already been paid.
(10) The customer may set off only an undisputed or legally established claim against a claim of the hotel.
IV. Resignation of the guest
(1) The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another legal
right of rescission exists or if the hotel expressly agrees to the cancellation of the contract in text form. The agreement of a right of rescission and any consent to a cancellation of the contract must be made in writing.
(2) Insofar as the hotel and the customer have agreed on a date for rescission of the contract, the customer may rescind the contract up to that date by means of a declaration in text form, without
to trigger payment or compensation claims by the hotel. The customer’s right of rescission expires if he does not exercise his right of rescission by the agreed date.
opposite the hotel. The date of receipt of the declaration by the hotel is decisive.
(3) If a right of rescission has not been agreed or has already expired, there is also no statutory right of rescission or termination, and if the Hotel does not agree to a cancellation of the contract, the Hotel shall retain the claim to the agreed remuneration despite not using the service. The Hotel shall credit the income from renting the rooms to other parties and the expenses saved. If the room is not rented to another party, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obligated to pay at least 90 % of the contractually agreed price for overnight 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 at liberty to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
V. Withdrawel of the hotel
(1) If it has been agreed that the customer can withdraw from the contract within a certain period of time, the hotel is entitled for its part to withdraw from the contract within this period of time
to withdraw from the contract if there are inquiries from other guests regarding the contractually booked rooms and the customer, upon inquiry by the hotel, has given notice in writing and within a reasonable period of time to
Right of withdrawal not waived in text form.
(2) If an advance payment or security deposit agreed upon or demanded in accordance with Clause III. para. 7 and/or III. para. 8 is not paid even after a reasonable period of grace set by the hotel has elapsed, the hotel shall be entitled to rescind the contract.
If the hotel fails to perform within the grace period, it is also entitled to withdraw from the contract.
(3) Furthermore, the hotel is entitled to extraordinary rescission of the contract for a factually justified reason, in particular if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms or spaces are culpably booked under misleading or false information or withholding of material facts; material facts may include the identity of the customer, solvency or the purpose of the stay;
– the hotel has reasonable cause to believe that the use of the service may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or occasion of the stay is unlawful;
– rooms are used without the prior consent of the hotel, which is required in text form, for purposes other than mere accommodation, in particular for commercial purposes, for example
in the form of the production (and subsequent publication) of photographs or films;
– there is a violation of clause I., paragraph 2 above.
(4) The justified withdrawal of the hotel does not constitute a claim by the customer for damages.
VI. Room provsion, Handover and return
(1) The customer does not acquire a claim to the provision of specific rooms, unless this has been expressly agreed. A claim to rooms of the agreed room category
remains unaffected.
(2) Booked rooms are at the customer’s disposal from 15.00 hours on the agreed day of arrival. The customer has no claim to earlier availability.
(3) The hotel only offers non-smoking rooms, so a general smoking ban (including e-cigarettes) applies in all hotel rooms and public areas of the hotel. In the event that the guest violates the smoking ban, the hotel shall be entitled to claim liquidated damages from the customer in the amount of EUR 250.00 (in particular as compensation for
cleaning measures), unless the customer provides evidence that the hotel has actually suffered no damage or less damage. The proof of a higher
damage and the assertion of a corresponding claim for damages remains at the hotel’s discretion. § Section 280 para. 1 sentence 2 BGB remains unaffected.
(4) Furthermore, the Customer shall refrain from any manipulation of the smoke alarms (e.g. unhooking, deactivation, damage and/or other manipulation).
(5) In the event of a breach of the above obligation under VI. para. 3 and/or para. 4, the Customer shall compensate the Hotel for all damages incurred thereby (§ 280 para. 1 p. 1 BGB). This shall apply in particular if the fire alarm is triggered by unlawful smoking (e.g. by triggering the smoke detectors) or manipulating the smoke detectors and
the hotel suffers damage as a result (e.g. fire department costs) If and to the extent that the customer has caused a fire department mission through conduct in breach of the contract, the customer shall indemnify the hotel
from any possible claims by the fire department in this regard. It is pointed out that the operating costs of the fire department are regularly
amount of several thousand euros. § Section 280 (1) sentence 2 BGB remains unaffected.
(6) On the agreed day of departure the rooms must be vacated and made available to the hotel by 11 a.m. at the latest. After this time, the hotel may charge the customer for the late vacating of the room for
charge 50% of the daily room rate for use of the room until 6 p.m., from 6 p.m. on 90% of the daily room rate. The applicable daily room rate shall be the price for a room of the corresponding category as stated on the hotel’s homepage for the day in question. Contractual claims of the customer shall not be justified by this. The customer is free to prove to the hotel that the hotel has no or a significantly lower claim to a usage fee. The hotel is at liberty to prove higher damages and to assert a corresponding claim for damages.
VII. Liability of the hotel
(1) The hotel shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, the hotel is liable for other damage caused by an intentional or grossly negligent breach of duty by the hotel or by a simple negligent breach of material contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract) by the hotel, whereby the hotel’s liability in the event of a simple negligent breach of material contractual obligations is limited to compensation for the foreseeable, typically occurring damage. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages – regardless of the legal basis – are excluded, unless otherwise provided for in this Section VII. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy such upon knowledge thereof or upon the customer’s immediate complaint. The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.
(2) The hotel shall be liable to the customer for items brought in in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. The liability expires if the
customer fails to notify the hotel of the damage immediately after becoming aware of it. If the customer has lost money, securities and valuables with a value of more than 800
or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
(3) Insofar as the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even against payment, this does not constitute a safekeeping agreement. At
The hotel shall only be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and their contents in accordance with the above clause VII
Par. 1 sentences 1 to 4.
(4) Wake-up orders are handled with care by the hotel. Messages, mail and consignments of goods for guests are treated with care. The Hotel shall be responsible for delivery, safekeeping
and – if desired – the forwarding of the same against payment. The hotel shall be liable for violations of this Section VII para. 4 only in accordance with the above Section VII para. 1 sentences 1 to 4.
(5) The hotel shall be entitled to hand over items brought in to the local lost and found office one month after the end of the customer’s stay if the customer
has not picked up the goods despite being requested to do so within a reasonable period of time and a forwarding is not possible. Any costs arising from the transfer to the lost and found office or the forwarding shall be borne by the customer.
VIII. Final Provisions
(1) Amendments or supplements to the contract or these terms and conditions must be in text form. Unilateral changes or additions by the customer are invalid.
(2) Place of performance and payment as well as exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – in commercial transactions is Essen (Germany). If a
If the contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, Essen shall be deemed to be the place of jurisdiction.
(3) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions.
(4) Should individual provisions of these General Terms and Conditions of Business be or become invalid or void, this shall not affect the validity of the remaining provisions.
touched. In all other respects the statutory provisions shall apply. In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer-law
disputes (“OS platform”) has set up: http://ec.europa.eu/consumers/odr/
However, the hotel does not take part in dispute resolution procedures before consumer arbitration boards
part.
Hotel Association Germany (IHA) e.V.
Status: 30.06.2020
