Skip to main content

General Terms and Conditions for the Hotel Accommodation Agreement

Atrium ACC3 Gebäude Außenansicht

I. Scope of Application

  • These terms and conditions apply to contracts for the temporary rental of hotel rooms for accommodation purposes, as well as all related services and deliveries provided by the hotel to the customer.

  • The subletting or re-letting of rooms provided, or their use for purposes other than accommodation, requires prior written approval from the hotel. Section 540 (1), sentence 2 of the German Civil Code (BGB) is waived, provided the customer is not a consumer.

  • Terms and conditions of the customer shall only apply if expressly agreed upon in writing in advance.

II. Conclusion of Contract, Contracting Parties, Statute of Limitations

  • The contract comes into effect upon the hotel’s acceptance of the customer’s booking request. The hotel may confirm the room reservation in writing.

  • Contracting parties are the hotel and the customer. If a third party makes the booking on behalf of the customer, that party shall be jointly and severally liable with the customer, provided the hotel has received a corresponding declaration.

  • All claims against the hotel generally expire after one year from the start of the statutory limitation period in accordance with §199 (1) BGB. Claims for damages expire, regardless of knowledge, after five years. These reductions do not apply in cases of intentional or grossly negligent breach of duty by the hotel.

III. Services, Prices, Payment, Set-off

  • The hotel is obligated to provide the reserved rooms and agreed services.

  • The customer is obligated to pay the applicable or agreed prices for the accommodation and additional services used. This also includes third-party services arranged by the hotel at the customer’s request.

  • All prices include the applicable VAT. In the event of a VAT rate change, prices will be adjusted accordingly. If more than four months lie between contract conclusion and arrival, and the hotel’s general rates increase, the hotel may increase the agreed price by a maximum of 5%.

  • The hotel may also adjust prices if the customer changes the number of booked rooms, the length of stay, or other services and the hotel agrees.

  • Hotel invoices without a payment due date must be paid in full within 10 days of receipt. In case of payment delay, the hotel may charge default interest: 8% above the base rate (5% if the customer is a consumer). The hotel may claim higher damages.

  • Upon or after contract conclusion, the hotel may request an appropriate advance payment or security deposit, in accordance with legal regulations on package tours.

  • The customer may only offset or reduce payments with undisputed or legally established claims against the hotel.

IV. Customer Cancellation / No-show

  • Customer cancellations must be made in writing and require the hotel’s consent. If this is not granted, the agreed price must be paid even if services are not used — unless the hotel violates obligations, making it unreasonable for the customer to continue the contract.

  • If a deadline for free cancellation was agreed in writing, the customer may withdraw without charges up to that date. If not exercised in time, the right expires (unless exceptions as per item 1 apply).

  • If the rooms are not used, the hotel must credit the income from alternative rental and saved expenses.

  • The hotel may claim 90% of the agreed price for overnight stays with or without breakfast, 70% for half-board, and 60% for full-board. The customer may prove that the actual loss was lower or did not occur.

  • Cancellation Policy:

    • Up to 12 weeks before arrival: free cancellation

    • Up to 6 weeks before arrival: 50% of total expected amount

    • Up to 3 weeks before arrival: 80%

    • Less than 3 weeks: 100% of the total amount

V. Hotel Cancellation

  • If the customer has a free cancellation right for a specified period, the hotel may also cancel within that time if other booking requests exist and the customer does not waive their cancellation right upon inquiry.

  • If an agreed or demanded advance payment (as per clause III, 6) is not made, even after a reasonable grace period, the hotel may cancel the contract.

  • The hotel may also cancel the contract for good cause, particularly if:

    • force majeure or other uncontrollable circumstances make contract fulfillment impossible;

    • the customer provides misleading or false information (e.g. about their identity or the purpose of stay);

    • the hotel has reason to believe the stay could endanger the smooth operation, security, or reputation of the hotel;

    • there is a breach of clause I, item 2.

  • In the event of justified cancellation by the hotel, the customer has no right to compensation.

VI. Room Availability, Handover, and Return

  • The customer has no right to specific room assignments.

  • Rooms are available from 3:00 p.m. on the agreed arrival day. Early check-in is not guaranteed.

  • Rooms must be vacated by 12:00 p.m. on the agreed departure day.

    • Until 6:00 p.m.: the hotel may charge 50% of the full room rate.

    • After 6:00 p.m.: 100% of the rate.
      The customer may prove the hotel incurred no or lower damages.

VII. Hotel Liability

  • The hotel is liable with due commercial care. Claims for damages are excluded, except for:

    • injury to life, body, or health due to hotel fault;

    • damages due to willful or grossly negligent breach of duty;

    • breach of essential contractual obligations.

    In case of service disruptions, the customer must notify the hotel immediately and assist in minimizing potential damage.

  • Liability for items brought into the hotel is limited to 100 times the room rate, but not more than €3,500, and for cash, securities, and valuables to €800. Higher amounts may be stored in a hotel or room safe. Claims expire if not reported immediately upon discovery (§ 703 BGB).

  • If the hotel provides a parking space (including paid), this does not constitute a custody agreement. The hotel is not liable for loss or damage to parked vehicles unless due to intent or gross negligence.

  • Wake-up calls, message handling, and postal services will be performed with due care. Liability is limited as per section VII.1.

VIII. Final Provisions

  • Changes or additions to the contract, acceptance, or these terms must be in writing. Unilateral amendments by the customer are invalid.

  • Place of performance and payment is the location of the hotel.

  • Exclusive court of jurisdiction in commercial transactions is the hotel’s location. If the customer has no general domestic jurisdiction, the hotel’s location also applies.

  • German law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) and private international law are excluded.

  • Should any provision be or become invalid, this does not affect the validity of the remaining provisions. Legal requirements shall apply otherwise.