General Business Terms and Conditions

Area of validity

1. These terms and conditions apply to tenancy agreements of hotel rooms (accommodation) and for all service and supply brought to the customer by the hotel.

2. For subleasing or releting rooms of rooms let as well as its use for different purposes other than lodging a written agreement of the hotel is needed in advance.

3. Terms and conditions of affiliates do not apply. Even additional terms and conditions of the customer are excluded unless its validity was laid down in writing before settling the hotel agreement.

Conclusion of contract, affiliates, liability; limitation

1. The rental agreement is to be considered as concluded if the affiliate confirms the application both orally and in writing or by implied behavior or by acceptance by the hotel.

2.  Affiliates are both customer and hotel. If a third party reserved a room, he/she, as well as the customer, shall be severally liable to the hotel for all commitments resulting from the agreement, provided that a corresponding declaration of a third party is available to the hotel.

3. In case of concluding a so-called allocation contract by an affiliate, he/she is liable for all any damages caused by the end-user.

4.  §§701-703 of the German Civil Code (BGB) apply to the hotels’ liability. Apart from that, liability of the hotel is excluded unless damage is based on knowingly or grossly negligent violation of duty by the hotel. This limitation of liability does not apply for loss resulting from death, physical injury or damage to health by the hotel.

5. Insofar as a parking space in the hotel parking lot is provided to the customer, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel does not assume liability in case of loss or damage of a parked motor vehicle or its content, unless damage is based on knowingly or grossly negligent violation of duty by the hotel.

6. Wake-up services shall be performed by the hotel with the greatest care. Claims for damages are excluded unless damage is based on knowingly or grossly negligent violation of duty by the hotel.

7. The standard limitation period for all claims of the customer is restricted to one year. Regardless of the customers’ knowledge or lack of knowledge all claims lapse five years after they came into being.

Service, prices, payment and offsetting

1. The provision of rooms follows accommodation purposes only.

2. The affiliate is obliged to pay for the room (s), the services and supplies ordered by him/her which apply to the hotel price list unless other agreements have been negotiated. This also applies for hotels’ services and expenses to a third party arranged by the customer.

3. The agreed prices include the respective legal value added tax (VAT). The hotel reserves the right to adjust prices in case of any modification regarding tax or tax-related changes prescribed by the law in the future. In addition, the hotel can change prices if the customer requests subsequent changes in the number of rooms, the service provided by the hotel or the duration of stay and the hotel gives its consent.

4. Invoices, issued by the hotel, are to be paid net without deduction immediately after receiving the statement, unless any other conditions of payment are expressively agreed upon. The customer shall enter default if he/she does not settle the invoice within ten days receiving the invoice.

5. The hotel is entitled to request advanced payment or security for the full amount of an overnight stay agreed upon and the full amount of further ordered services and supplies.

6.  The customer may only offset or reduce an undisputed or legally binding receivable owed by the hotel against a receivable owed to the hotel.

Provision of rooms, Check-in, Check-out

1. The customer has no claim on the provision of certain rooms.

2. Reserved rooms are available to the customer from 15:00 h at the day of arrival. The customer has no claim on provision of rooms before.

3. On the agreed date of departure, rooms are to be vacated and made available to the hotel by no later than 12:00 h. If rooms are vacated later, the hotel is entitled to charge 50% of the room rate for additional use until 18:00 h, from 18:00 h 100%.

Customer’s withdrawal

1. Withdrawing from the hotel agreement by the customer must be made in writing and shall require the consent of the hotel. If such does not happen, the agreed price in the contract is also to be paid if the customer does not use the contractually specified services.

2. When rooms reserved by the customer are not used, the hotel must allow for the income from other rental of the room as well as the cost spared. The customer is at liberty to show that no damages were incurred or that the damages incurred to the hotel are lower than the flat-rate amount charged.

Cancellation policy concerning group bookings (with seven rooms or more)

For bookings of groups the following return deadlines before the day of arrival apply:

up to 56 days: returning the booked services are a 100% free of charge
between 55 and 28 days: returning the booked services at 50% free of charge
between 27 and 14 days: returning the booked services at 20% free of charge
between 13 and 7 days: returning the booked services at 10% free of charge
between 6 and 2 days: two rooms can be cancelled free of charge
until 18:00 h on the day of arrival: another two rooms can be cancelled free of charge

3. Calculating cancellation costs:
The hotel is entitled to charge for any damage caused and to be replaced by the customer. The customer is obliged to pay 90% of the agreed rate of an overnight stay either including or excluding breakfast.

For no-show or earlier departure with no possibility for subletting, the hotel is entitled to charge 90% of the agreed rate of an overnight stay including or excluding breakfast.

Hotel’s withdrawal

1. Where a right to withdrawal on the part of the customer is agreed in writing, the hotel is entitled to withdraw from the contract within the agreed deadline if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission upon inquiry thereof by the hotel.

2. If payment of an agreed advanced amount is not made even after a statutory deadline set by the hotel, the hotel is entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to affect extraordinary cancellation of the agreement for objectively justified reasons, for example if force majeure or other circumstances for which the hotel cannot be made responsible make it impossible to fulfill the contract,

  • If rooms are booked by giving misleading or wrong information of important facts, f.e. about the person or the purpose
  • Or if the hotel has reasons to assume that the customer’s use of the hotel’s services may put the smooth operation, safety or the public reputation of the hotel at risk when these incidents do not fall under the authority or organizational sphere of the hotel

4. The hotel is obliged to immediately inform the customer about exercising its right of withdrawal and the cause of cancellation and to refund any advanced payments without delay.

Commission / Vouchers

1. Commission (10%) is only being granted upon inquiry and according to a written agreement.

2. Vouchers are only being accepted after prior approval by a travel agency

Final regulations

1. The sole court of jurisdiction – including check and exchange disputes - in relation to commercial transactions is the registered office of the hotel. If the conditions of § 38 Abs. 1 ZPO are met by the affiliate and does not have a general court within the country, jurisdiction will be that of the registered office of the hotel.

2. If individual provisions of these terms and conditions are found to be or will be ineffective or invalid in order to fulfill the hotel agreement, the validity of the remaining provisions shall not be affected.

As constituted in Münster, January 2012