General terms and conditions for the hotel accommodation contract
1. Scope
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.
1.2. The subletting or further rental of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby Section 540 Paragraph 1 Sentence 2 of the German Civil Code is waived if the customer is not a consumer.
1.3 The customer’s terms and conditions shall only apply if this has been expressly agreed in writing beforehand.
2. Conclusion of contract, contract partners, limitation period
2.1. The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the room booking in writing.
2.2. The contracting parties are the hotel and the customer. If a third party has made a booking for the customer, he or she is jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
2.3. All claims against the hotel generally expire within one year from the start of the regular limitation period, which is dependent on knowledge, as per Section 199 Paragraph 1 of the German Civil Code (BGB). Claims for damages expire within five years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3. Services, prices, payment, offsetting
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2. The customer is obliged to pay the applicable or agreed hotel prices for the room and the other services used by the customer. This also applies to services and expenses incurred by the hotel for third parties at the customer's request.
3.3. The agreed prices include the applicable statutory value added tax. If the period between conclusion of the contract and fulfillment of the contract exceeds four 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%.
3.4. The hotel may also change prices if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.
3.5. The price does not include local taxes that are payable by the guest according to the respective municipal law, such as visitor's tax, tourism tax or bed tax.
3.6. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove that the damage is greater.
3.7. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
3.8. The customer may only offset or reduce a claim against the hotel with an undisputed or legally binding claim.
3.9. If, due to decisions of the state government, services cannot be provided in full or only in part, no discounts for services not provided can be granted on site or subsequently.
4. Withdrawal by the customer (ie cancellation) / non-use of the hotel’s services
4.1. The customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply if the hotel violates its obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer be expected to adhere to the contract or if another legal or contractual right of withdrawal is granted.
4.2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract up to that date without triggering any 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 to the hotel by the agreed date, unless a case of withdrawal by the customer has occurred in accordance with number 1 sentence 3.
4.3. If the customer does not use the rooms, the hotel must take into account the income from renting the rooms to other guests and the expenses saved.
4.4. The hotel is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 80% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to provide evidence that the above-mentioned claim did not arise or did not arise to the amount demanded. Holders of revita Gold Cards are exempt from cancellation, with the exception of the Christmas/New Year period. Holders of the Platinum Card are generally not charged any cancellation fees.
5. Cancellation by the hotel
5.1. If a right of withdrawal for the customer free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive his right of withdrawal when asked by the hotel.
5.2. If an advance payment agreed upon or requested in accordance with clause 3 no. 7 above is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if:
• force majeure or other circumstances beyond the hotel’s control make the fulfilment of the contract impossible;
• Rooms are booked under misleading or false information regarding essential facts, e.g. the identity of the customer or the purpose;
• the hotel has reasonable grounds to believe that the use of the hotel services may jeopardise the smooth running of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation.
• there is a breach of Clause 1 No. 2 above.
5.4. If the hotel withdraws for legitimate reasons, the customer shall not be entitled to any compensation.
6. Room provision, handover and return
6.1 The customer does not acquire any right to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in writing.
6.2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier availability unless he has agreed this with the hotel in writing.
6.3. The customer must use the booked rooms by 6 p.m. on the agreed arrival day at the latest. Unless a later arrival time has been expressly agreed, the hotel has the right to reassign booked rooms after 6 p.m. without the contracting party being able to derive any claims for compensation from this. The hotel has the right to withdraw from the contract in this respect.
6.4. On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for use of the room beyond the contractual period until 2:00 p.m., and 100% from 2:00 p.m. onwards. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the hotel has no or a significantly lower claim to usage fees.
7. Sending of advertising
7.1 Sending offers via Deutsche Post
We use your address details to regularly send you our current hotel offers, unless you have already objected to this when registering. After your first hotel stay, we reserve the right to send you offers by post. The data is processed exclusively in our company and is not passed on to third parties. If you no longer wish to receive brochures from us, you can revoke this agreement at any time. A message in text form (e.g. email, fax, letter) to the contact details in the imprint is sufficient for this.
7.2 Sending newsletters
If you provide your email address when making your reservation, we will send you a newsletter by email after your first room reservation. The data will be processed exclusively in our company and only forwarded to our partners Phoenix Pixelstyle and adenas GmbH for the purpose of sending the newsletter. They will only use your data to send the newsletter and not for any other purposes. If you no longer wish to receive the newsletter, you can let us know at any time by clicking on the "unsubscribe" button at the end of the newsletter or by sending a message in text form (e.g. email, fax, letter) to the contact details in the imprint.
8. Guest satisfaction
In order to receive feedback from our guests about their stay in our hotel, we send questionnaires to our guests via our partner ConsultiiQ GmbH.
Your data will be processed exclusively in our company and only forwarded to our partner for the purpose of sending the questionnaire. This includes your last name and your email address. ConsultiiQ GmbH will only use your data to send the questionnaire and not for any other purposes.
9. Hotel liability
9.1. The hotel is liable for its contractual obligations with the care of a prudent businessman. The customer's claims 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, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of duties typical of the contract by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. If disruptions or defects in the hotel's services occur, the hotel will endeavour to remedy the situation upon knowledge of the hotel or upon immediate complaint by the customer. The customer is obliged to do what is reasonable to remedy the disruption and to minimise any possible damage.
9.2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to 100 times the room price, up to a maximum of €3,500, and for money, securities and valuables up to €800. Money, securities and valuables up to a maximum value of €10,000 can be kept in the hotel or in the room safe. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (Section 703 of the German Civil Code). For any further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.
9.3. If the customer is provided with a parking space in the hotel garage or on a hotel car park, even for a fee, this does not constitute a storage contract. The hotel is not liable for loss or damage to vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
9.4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and goods sent to guests are handled with care. The hotel is responsible for delivery, storage and – if requested – forwarding of the same for a fee. The above number 1 sentences 2 to 4 apply accordingly.
10. Final provisions
10.1. Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are invalid.
10.2. The place of performance and payment is the registered office of the hotel.
10.3. The exclusive place of jurisdiction - also for disputes over checks and bills of exchange - in commercial transactions is the registered office of the hotel. If a contractual partner meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
10.4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
10.5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.
Status: May 2023
