General Terms and Conditions for the Hotel Accommodation Contract 

I.  Scope of application

1. these terms and conditions apply to contracts for the rental of guest rooms for accommodation, as well as all other services provided to the customer by the guest house (hereinafter referred to as the hotel).

2. the subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB (transfer of use to third parties) is waived insofar as the customer is not a consumer.

II.  Conclusion of contract, contract partner

1. the respective contract is generally concluded after a verbal or written application by the contractual partner and by acceptance by the hotel. The hotel is at liberty to accept the application in writing, verbally, in text form (e-mail, fax) or conclusively by rendering the service.

2. the contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

III.  Room use, room handover, departure

1. the rooms are made available exclusively for accommodation purposes.

2. the contractual partner shall be liable to the hotel for all damage caused by him or by third parties who receive the hotel's services at his instigation.

3. the contracting party has no claim to the use of specific rooms. If rooms are not available in the hotel, the hotel will inform the contract partner immediately and offer an equivalent replacement in a nearby hotel of the same category. If the Contractual Partner refuses, the Hotel shall immediately reimburse the Contractual Partner for services rendered.

4. booked rooms are available to the contractual partner from 15:00 on the day of arrival. The customer is not entitled to earlier availability.

5. unless otherwise agreed, the hotel has the right to reallocate booked rooms after 6:00 p.m. without the contractual partner being able to derive any rights or claims from this.

6. on the agreed day of departure, the rooms must be vacated and made available to the hotel with keys by 12:00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 4 p.m., and 100% from 4 p.m. onwards, in addition to any damage incurred by the hotel as a result. The customer is at liberty to prove to the hotel that it has incurred no or significantly less damage.

IV.  Services, prices, payment, offsetting

1. the prices of the respective services are determined according to the price list valid at the time the service is provided. All prices include the currently applicable statutory value added tax. Increases in value added tax shall be borne by the contractual partner.

2. the customer is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.

3. if the period between conclusion and fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 5%. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the duration of the guests' stay and the hotel agrees to this.

4. payment shall generally be made in advance upon check-in at the reception. The hotel is entitled to demand an advance payment or security deposit of up to 100% of the contractual partner's total payment obligation upon conclusion of the contract. The amount of the advance payment and the payment dates may be stipulated in the contract. If the contract partner uses a credit card for payment with advance payment obligation (e.g. general orders with advance payment or guaranteed booking) without physically presenting it (e.g. via telephone, Internet or similar), the contract partner is not entitled in relation to the hotel to revoke this charge to his credit card company.

5. if a customer's assumption of costs has been accepted by the hotel, the hotel's invoices are payable without deduction within 14 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 8% above the respective base interest rate of the Deutsche Bundesbank. The hotel reserves the right to provide evidence of higher damages. A reminder fee of € 10.00 is owed for each reminder.

6. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

V.  Withdrawal by the customer (cancellation) / non-utilization of the hotel's services

1. in principle, the hotel and the customer shall agree in writing on a date for withdrawal (cancellation period) from the contract. The customer may withdraw from the contract up to this date without incurring payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date.

2. a withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel outside of the cancellation period granted. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result, or if the customer is entitled to any other statutory or contractual right of withdrawal.

3. in the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved.

4. the hotel is free to charge a lump sum for the damage incurred and to be compensated by the customer. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for the first overnight stay. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount claimed. 

VI.  Withdrawal by the hotel

1. if an agreed advance payment or an advance payment demanded in accordance with Item IV Clause 4 is not made, the hotel shall also be entitled to withdraw from the contract.

2. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if

a. force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract

b. rooms are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose of the stay

c. the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or

organizational area of the hotel

d. there is a breach of point I clause 2

1. in the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VII.  Liability of the hotel

1. the hotel shall be liable for the diligence of a prudent businessman for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, and other damages based on an intentional or grossly negligent breach of duty by the hotel. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.

2. the hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, up to a maximum of EUR 10,000.00, including a maximum of EUR 5,000.00 for cash, securities and valuables. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage.

3. if the customer is provided with a parking space in the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.

VIII.  Final provisions

1. amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

2. place of performance and payment is the registered office of the hotel.

3. the exclusive place of jurisdiction, including for disputes concerning checks and bills of exchange, shall be the registered office of the hotel in commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Berlin.

4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded

5. should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or incorrect, this shall not affect the validity of the other provisions. In all other respects, the statutory provisions shall apply.