General Terms and Conditions

1. These Terms and Conditions apply to hotel accommodation contracts and to all other services and deliveries provided by the hotel to the guest.

2. Deviating provisions, including any contained in the general terms and conditions of the guest or of the person placing the booking, shall not apply unless expressly acknowledged by the hotel in text form.

1. In response to a booking enquiry from the guest, a hotel accommodation contract (hereinafter "the Contract") is concluded when the hotel issues a corresponding booking confirmation.

2. The contracting parties are the hotel and the guest. If a third party makes the booking on the guest's behalf, that party, as the person placing the booking, is liable to the hotel jointly and severally with the guest for all obligations arising from the Contract, provided the hotel has received a corresponding declaration from the person placing the booking. Irrespective of this, every person placing a booking is obliged to pass on all booking-relevant information, in particular these General Terms and Conditions, to the guest.

3. Subletting or re-letting the rooms provided, and using them for purposes other than accommodation, require the prior consent of the hotel in text form.

1. The hotel is obliged to keep available the rooms booked by the guest in accordance with these General Terms and Conditions and to provide the agreed services.

2. The guest is obliged to pay the hotel's applicable or agreed prices for the provision of the room and for any further services he or she uses. This also applies to services and expenses of the hotel towards third parties that are arranged by the guest or by the person placing the booking. The agreed prices include the statutory value added tax applicable at the time. If the period between conclusion of the Contract and the guest's arrival exceeds four months, and if after conclusion of the Contract the statutory value added tax or any applicable local taxes and charges increase, or new local taxes and charges are introduced, the hotel reserves the right to increase the agreed prices by the amount by which the value added tax or the local taxes and charges have increased, or by the amount of the newly introduced local taxes and charges.

3. The hotel may make its consent to a reduction, requested by the guest after conclusion of the Contract, in the number of rooms booked, in the hotel's services or in the guest's length of stay conditional on an increase in the price for the rooms and/or for the hotel's other services.

4. Hotel invoices are payable immediately upon receipt, without deduction. The hotel may demand immediate payment of any amounts due from the guest at any time. The guest will be in default at the latest if he or she fails to pay within 30 days of the due date and receipt of an invoice; in the case of a guest who is a consumer, this applies only if the invoice specifically draws attention to these consequences. The hotel may charge a reminder fee of € 5.00 for each reminder sent after default has occurred.

5. At the time of conclusion of the Contract, the hotel is entitled to require the guest to make a reasonable advance payment or to provide security in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the payment dates may be agreed in text form in the Contract.

6. In justified cases, e.g. where the guest is in arrears with payment or the scope of the Contract has been extended, the hotel is entitled, even after conclusion of the Contract and up to the start of the stay, to require an advance payment or security within the meaning of para. 5 above, or an increase in the advance payment or security agreed in the Contract up to the full agreed remuneration.

7. The hotel is further entitled, at the start of and during the stay, to require the guest to make a reasonable advance payment or to provide security within the meaning of para. 5 above for existing and future claims arising from the Contract, insofar as such payment or security has not already been made or provided in accordance with para. 5 and/or para. 6 above.

8. The guest may only set off an undisputed claim, or one established by a final and binding judgment, against a claim of the hotel.

1. The hotel grants the guest the right to withdraw at any time. The following provisions apply:

a) If the guest withdraws from the booking, the hotel is entitled to reasonable compensation.

b) The hotel may choose to claim damages from the guest in the form of a flat-rate compensation instead of a specifically calculated compensation. The flat-rate compensation is as follows:

• Up to 2 weeks before the arrival date – free cancellation possible

• for a cancellation less than 14 days before the arrival date, 90% of the total services ordered will be due

• for a cancellation on the day before the arrival date and on the day of arrival itself, 100 % of the total services ordered will be due.

The guest remains free to prove that the hotel has suffered no loss, or that the loss suffered by the hotel is lower than the flat-rate compensation claimed.

c) If the hotel calculates the compensation specifically, the amount of compensation shall be no more than the contractually agreed price for the services to be provided by the hotel, less the value of the expenses saved by the hotel and whatever the hotel earns by otherwise using the hotel services.

2. The above provisions on compensation apply accordingly if the guest does not take up the booked room or the booked services without informing the hotel in good time.

3. If the hotel has granted the guest in the Contract an option to withdraw from the Contract without further legal consequences within a specified period, the hotel has no claim to compensation. What matters for the timeliness of the withdrawal is when the declaration reaches the hotel. The guest must declare the withdrawal in text form.

1. If the guest has been granted a right to withdraw free of charge under Section IV para. 3, the hotel is likewise entitled to withdraw from the Contract within the agreed period if other guests have enquired about the booked rooms and the guest, when asked by the hotel, does not waive his or her right to withdraw free of charge under Section IV para. 3.

2. If an agreed advance payment or security, or one requested above under Section III para. 5 and/or 6, is not made even after expiry of a grace period set by the hotel, the hotel is likewise entitled to withdraw from the Contract.

3. The hotel is further entitled to withdraw from the Contract, in particular if:

• force majeure or other circumstances for which the hotel is not responsible make performance of the Contract impossible;

• rooms are booked with misleading or false information on material facts, e.g. concerning the identity of the guest or the purpose of the stay;

• the hotel has reasonable grounds to assume that use of the hotel's services may jeopardise the smooth running of its business, its security or its public reputation, without this being attributable to the hotel's sphere of control or organisation;

• there is unauthorised subletting or re-letting in accordance with Section II para. 3;

• a case under Section VI para. 3 arises;

• the hotel becomes aware of circumstances showing that the guest's financial situation has deteriorated significantly after conclusion of the Contract, in particular if the guest does not settle amounts due to the hotel or does not provide sufficient security, and the hotel's payment claims therefore appear to be at risk;

• the guest has applied for the opening of insolvency proceedings over his or her assets, has given a statutory declaration in lieu of oath pursuant to § 807 Zivilprozessordnung, has initiated an out-of-court debt settlement procedure or has suspended payments;

• insolvency proceedings have been opened over the guest's assets, or the opening of such proceedings has been refused due to insufficient assets.

4. The hotel must inform the guest without delay in text form that it is exercising its right of withdrawal.

5. In the aforementioned cases of withdrawal, the guest has no claim to damages.

1. The guest has no claim to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in text form.

2. Booked rooms are available to the guest from 3:00 p.m. on the agreed day of arrival. The guest has no claim to earlier provision.

3. The guest must take up booked rooms by 6:00 p.m. on the agreed day of arrival at the latest. Unless a later arrival time has been expressly agreed, the hotel has the right to let booked rooms to others after 6:00 p.m., and the guest cannot derive any claims for compensation from this. The hotel has a right of withdrawal in this respect.

4. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:30 a.m. at the latest. After that time, the hotel may, over and above any loss it suffers as a result, charge the day rate for the room for additional use until 6:00 p.m., and 100 % of the full applicable accommodation price from 6:00 p.m. The guest remains free to prove to the hotel that no loss, or a substantially lower loss, has been incurred.

1. On request, the hotel arranges internet access for the customer, which is generally free of charge. There is no legal entitlement against the hotel to uninterrupted use and/or a particular speed of internet access. To this extent, the hotel assigns to the customer, in lieu of performance, its respective claims for performance against the service provider.

2. The customer or user undertakes to comply with applicable laws and standards of decency when using the internet. He or she undertakes not to distribute or retrieve any content that infringes copyright or other legal provisions or that is contrary to public decency, in particular

• not to distribute or retrieve any content that is hostile to the constitution, racist, glorifies violence or is pornographic, and not to retrieve, reproduce, distribute or make available any copyright-protected material,

• not to install or use any file-sharing programs.

3. In every case of a breach of the above obligations by the customer or user, the hotel is entitled to block access immediately. The hotel reserves the right to claim damages. The hotel expressly points out to the customer or user that making copyright-protected works available on the internet constitutes a criminal offence; retrieving them may also already be a criminal offence.

4. The customer or user further undertakes to keep secret any passwords received for the purpose of Wi-Fi access.

5. The hotel points out to the customer or user that he or she is responsible for protecting his or her own device against harmful programs (viruses etc.) or attempts at intrusion (hacking etc.) from the internet, and for backing up his or her data.

6. The hotel is not liable for any damage incurred by the customer or user through the use of internet access, except for damage caused by the hotel intentionally or through gross negligence. This exclusion of liability does not apply to injury to life, body and health.

1. Should any disruptions or defects occur in the hotel's services, the hotel will, upon the guest's immediate complaint, endeavour to remedy them. If the guest culpably fails to notify the hotel of a defect, no claim to a reduction of the contractually agreed remuneration arises.

2. The hotel is liable in accordance with the statutory provisions for all damage arising from injury to life, body and health, as well as where the hotel has given a guarantee and in the case of fraudulently concealed defects.

3. For all other damage not covered by Section VII para. 2 and caused by slightly negligent conduct on the part of the hotel, its legal representatives or its vicarious agents, the hotel is liable only if such damage is attributable to the breach of an obligation essential to the Contract. In these cases, liability is limited to the foreseeable damage typical for this type of contract.

4. The above limitations of liability apply to all claims for damages, irrespective of their legal basis, including claims in tort. The above limitations and exclusions of liability also apply to any claims for damages by a guest against employees or vicarious agents of the hotel. They do not apply in cases of liability for a defect after a guarantee has been given for the quality of an item or a work, in the case of fraudulently concealed defects, or in the case of personal injury.

5. The hotel is liable to the guest for property brought in in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but at most up to € 3,500.00. For valuables (cash, jewellery, etc.) this liability is limited to € 800.00. The hotel recommends making use of the option of keeping items in the in-room safe.

6. Where a parking space in the hotel garage or in a hotel car park is made available to the guest, even for a fee, this does not give rise to a contract of safekeeping. The hotel has no duty of supervision. The hotel is not liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel grounds, or their contents, unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In that case, the damage must be reported to the hotel no later than when leaving the hotel grounds.

7. Wake-up calls are carried out by the hotel with the greatest care. Claims for damages, except in cases of gross negligence or intent, are excluded.

8. Messages, mail and consignments of goods for guests are handled with care. The hotel undertakes their delivery and safekeeping and – on request and for a fee – their forwarding, as well as, on enquiry, the same for lost property. Claims for damages, except in cases of gross negligence or intent, are excluded. After a storage period of one month at the latest, the hotel is entitled to hand the aforementioned items over to the local lost property office, charging a reasonable fee.

9. If the guest brings hunting weapons, he or she is obliged to inform the hotel of this before arrival. During the stay, he or she is then obliged to hand the weapons and ammunition to the hotel for safekeeping in an appropriate safe, rather than keeping them in the room or in the communal areas of the hotel.

10. The guest's claims for damages become time-barred after two years at the latest from the point at which the guest becomes aware of the damage, or, irrespective of such awareness, after three years at the latest from the date of the damaging event. This does not apply to liability for damage arising from injury to life, body or health, nor to other damage based on an intentional or grossly negligent breach of duty by the hotel, a legal representative or a vicarious agent of the hotel.

1. Amendments or additions to the Contract, to the acceptance of the booking request or to these General Terms and Conditions for hotel accommodation should be made in text form. Unilateral amendments or additions by the guest are invalid.

2. The place of performance and payment is the registered seat of the hotel.

3. The place of jurisdiction is – where the hotel's contracting party is a merchant or a legal entity under public law – the registered seat of the hotel. Where the hotel's contracting party has no general place of jurisdiction in Germany, the registered seat of the hotel shall be the place of jurisdiction. The hotel is, however, entitled to bring actions and other legal proceedings at the guest's general place of jurisdiction as well.

4. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

5. Should individual provisions of these General Terms and Conditions for hotel accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions apply.