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I. SCOPE

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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 guest in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived if the guest is not a consumer.

3. General terms and conditions of the guest only apply if  this was previously expressly agreed in writing.

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II. CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS

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1. The contract is formed when the hotel accepts the guest’s application. The hotel is free to confirm the room booking in text form.

2. The contractual partners are the hotel and the guest. If a third party has ordered for the guest, they are liable to the hotel together with the guest as joint debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.

3. All claims against the hotel expire one year after the start of the statutory limitation period. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

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III. SERVICES, PRICES, PAYMENT, OFFSET

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1. The hotel is obliged to keep the rooms booked by the guest available and to provide the agreed services.

2. The guest is obliged to pay the hotel's agreed or applicable prices for rooms provided and other services used. This also applies to services and expenses incurred by the hotel for third parties. The agreed prices include the respective statutory VAT.

3. The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the length of stay of the guest, if requested by the guest, dependent on the price for the rooms and/or other hotel services increasing .

4. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel can demand the immediate payment of due claims from the guest at any time. In the event of default of payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, of 5% above the base interest rate. The hotel reserves the right to prove higher damage.

5. The hotel is entitled to demand a reasonable advance payment or security in the form of a credit card guarantee, a down payment or similar from the guest upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

6. In justified cases, e.g. the guest is in arrears with payment, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to make an advance payment or security deposit in the sense of No. 5 above or to increase the advance payment or security deposit agreed in the contract up to the full agreed remuneration to demand.

7. The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of No. 5 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with No. 5 and/or above 6 was done.

8. The guest can only offset or reduce a claim of the hotel with an undisputed or legally binding claim or a right of retention  exercise

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IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION) / FAILURE TO USE HOTEL SERVICES (NO SHOW)

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1. A withdrawal by the guest from the contract concluded with the hotel requires the written consent of the hotel. If this does not happen, the agreed price from the contract must be paid even if the guest does not use the contractual services. This does not apply in the event of a breach of the hotel's obligation to take into account the rights, objects of legal protection and interests of the guest, if this means that adherence to the contract can no longer be expected of the guest, or another statutory or contractual right of withdrawal  is entitled to.

2. If an appointment for free withdrawal from the contract has been agreed in writing between the hotel and the guest, the guest can withdraw from the contract up to that point without triggering payment or damage claims by the hotel. The guest'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 guest pursuant to Section IV

No. 1 sentence 3 is available.

3. If the guest cancels outside the period of free cancellation, the guest is obliged to pay at least 80% of the contractually agreed price for overnight stays with or without breakfast.

4. If the guest does not cancel at all and the room was kept free for him for the entire period, the guest undertakes to pay 100% of the contractually agreed price.

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V. WITHDRAWAL OF THE HOTEL

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1. If it has been agreed in writing that the guest can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked rooms and the guest responds to the hotel’s query not waived his right to withdraw.

2. If an advance payment or security deposit that has been agreed or requested in accordance with Section III, Nos. 5 and/or 6 above is not made even after a reasonable period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; - rooms are booked with misleading or false information about essential facts, e.g. the customer's person or the purpose of his stay; - the hotel has reasonable grounds to assume that the use of the hotel service will affect the smooth business operations, the security or the reputation of the hotel can endanger the public without this being attributable to the sphere of control or organization of the hotel;

- there is a violation of the above-mentioned number I no. 2.

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4. In the event of a justified cancellation by the hotel, the guest has no right to claim  Damages.

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VI. ROOM AVAILABILITY, DELIVERY AND RETURN

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1. The guest does not acquire the right to be provided specific rooms.

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2. Booked rooms are available to the guest from 2:00 p.m. on the agreed arrival date. The guest has no right to an earlier provision.

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3. On the agreed day of departure, the rooms are available to the hotel by 11:00 a.m. at the latest

clock to make available. After that, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract due to the delayed vacating of the room up to 6:00 p.m. and 100% from 6:00 p.m. This does not justify contractual claims of the guest. He is free to prove that the hotel has no or a significantly lower claim for usage fees.

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VII. HOTEL LIABILITY

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The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Claims by the guest for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the guest complains immediately. The guest is obliged to do what is reasonable for him to remedy the disruption and to minimize possible damage.

VIII. FINAL PROVISIONS

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1. Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes or additions by the guest are invalid.

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2. The place of performance and payment is the hotel's registered office.

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3. The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the registered office of the hotel in commercial transactions. If a contractual partner meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.

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4. German law applies. The application of the UN sales law and the conflict of laws is excluded.

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5. Should individual provisions of these General Terms and Conditions for the hotel accommodation contract be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

Based on the terms and conditions of the Hotel Association Germany (IHA) eV