GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (AGBH 8.1):
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1. SCOPE OF APPLICATION
1.1 These Terms and Conditions apply to contracts for the temporary rental of hotel rooms for accommodation purposes, as well as all other related services and deliveries provided by the hotel to the customer (Hotel Accommodation Contract). They do not apply to package travel agreements as defined in § 651a BGB. The term "Hotel Accommodation Contract" replaces and includes the terms: Accommodation, Guest Admission, Hotel, and Hotel Room Contract.
1.2 Subletting or further renting of the provided rooms as well as their use for purposes other than accommodation require the prior written consent of the hotel. The right of termination under § 540 Section 1 Sentence 2 BGB is waived.
1.3 The customer's general terms and conditions only apply if expressly agreed upon in writing.
2. CONCLUSION OF CONTRACT, CONTRACTING PARTIES
2.1 The contract is concluded when the hotel accepts the customer’s booking request. The hotel may confirm the room reservation in writing at its discretion.
2.2 Contractual partners are the hotel and the customer. If a third party has made the booking for the customer, that party is jointly and severally liable with the customer to the hotel.
2.3 All claims against the hotel generally expire one year from the statutory limitation start date.
2.4 When booking through the hotel’s own website, the contract is concluded by clicking the button "Book your offer now for € ‘amount’,--".
3. SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to provide the booked rooms and the agreed services.
3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for the room and other services used. This also applies to services arranged by the customer directly or via the hotel from third parties, paid in advance by the hotel.
3.3 The agreed prices include all applicable taxes and local charges at the time of the contract conclusion. In the case of changes to VAT or the introduction, change or abolition of local charges after contract conclusion, prices may be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and fulfillment exceeds four months.
3.4 If payment on invoice has been agreed, payment must be made within ten days of receiving the invoice without deduction, unless otherwise agreed.
3.5 Upon contract conclusion, the hotel is entitled to request a reasonable advance payment or security deposit (e.g., credit card guarantee). The amount and due dates may be agreed in writing. Legal regulations apply in the case of payment default.
3.6 In justified cases (e.g., customer payment default or contract scope extension), the hotel may request an advance payment or security deposit up to the full amount of the agreed fee, even after the contract has been concluded but before the stay begins.
3.7 Additionally, the hotel may request a reasonable advance payment or security deposit at the beginning or during the stay for existing or future claims, unless already covered.
3.8 The customer may only offset claims that are undisputed or legally binding against the hotel's claims.
3.9 The customer agrees that invoices may be sent electronically.
4. WITHDRAWAL/TERMINATION ("CANCELLATION") BY THE CUSTOMER / NO SHOW
4.1 The customer can only unilaterally withdraw from the contract if a right of withdrawal is expressly agreed in the contract or provided for by law.
4.2 If a deadline for free cancellation has been agreed, the customer may cancel without incurring payment or damage compensation claims, provided it is done in writing by the agreed date. After that, the right expires.
4.3 If no cancellation right exists or has expired, and there is no legal right to cancel, the hotel is entitled to the agreed compensation despite non-use. The hotel will deduct income from re-letting and saved expenses. If the room is not re-let, the hotel may charge a lump sum. The customer is free to prove that the claim has not arisen or not to the stated extent.
4.4 In the case of reservation changes or cancellations for events, the following fees apply:
– Up to 30 days before arrival: no cost
– 29 to 15 days before arrival: 60% of booked services
– 14 to 4 days before arrival: 80%
– 3 to 0 days: 100%
For conference and group bookings:
– Up to 28 days before: no cost
– 27 to 15 days before: 60%
– 14 to 4 days: 80%
– 3 to 0 days: 100%
The hotel may calculate compensation specifically. The guest may provide evidence that no or lower damage occurred. The customer is not exempt if they cannot travel due to personal reasons (e.g., illness, work, family). A travel cancellation insurance is therefore recommended.
5. HOTEL WITHDRAWAL
5.1 If a free cancellation by the customer within a certain period was agreed, the hotel may also withdraw during this period if there are inquiries from other customers and the customer does not waive their right upon request within a reasonable time. The same applies to options.
5.2 If an agreed advance payment or deposit is not made even after a grace period, the hotel may withdraw from the contract.
5.3 The hotel may also withdraw for justified reasons, in particular if:
– force majeure or other circumstances beyond the hotel’s control prevent fulfillment;
– rooms were booked using misleading or false information;
– the hotel has reason to believe the stay would endanger operations, security, or reputation;
– the purpose of the stay is illegal;
– there's a violation of section 1.2.
5.4 The justified withdrawal does not entitle the customer to damages. If damages arise, the hotel may charge a flat amount. Section 4.3 applies accordingly.
6. ROOM PROVISION, HANDOVER, RETURN
6.1 The customer has no right to specific rooms unless confirmed in writing.
6.2 Booked rooms are available from 3:00 p.m. on arrival day. There is no entitlement to earlier availability.
6.3 Rooms must be vacated by 11:00 a.m. on departure day. After that, the hotel may charge 50% of the room price until 6:00 p.m., and 90% thereafter. This does not establish contractual claims. The customer may prove that no or significantly less compensation is due.
7. HOTEL LIABILITY
7.1 The hotel is liable for damages resulting in injury to life, body, or health that it is responsible for, as well as for other damages resulting from intentional or grossly negligent breaches of contract-typical obligations. The same applies to its legal representatives or vicarious agents. Further claims are excluded unless otherwise stated. If disruptions occur, the hotel will seek to remedy them upon knowledge or complaint. The customer must contribute to remedy and minimize damages.
7.2 For items brought into the hotel, statutory liability applies. Use of safes is recommended. For valuables exceeding €800 or items exceeding a higher value, the hotel assumes no liability.
7.3 Provision of parking spaces does not constitute a custody agreement. The hotel is only liable for parked vehicles according to section 7.1.
7.4 Wake-up calls, messages, and mail services are handled with care. Liability is limited as per section 7.1.
8. FINAL PROVISIONS
8.1 Changes and additions must be in writing. Unilateral amendments are invalid.
8.2 If the customer is a business or public legal entity, exclusive jurisdiction is Sendenhorst. The hotel may also sue at the customer’s location. This applies likewise if the customer resides outside the EU.
8.3 German law applies. The UN Sales Convention is excluded.
8.4 According to legal requirements, the hotel points out the EU’s online dispute resolution platform: http://ec.europa.eu/consumers/odr/
However, the hotel does not participate in dispute resolution before consumer arbitration boards.
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