Terms and conditions
General Terms and Conditions for the Hotel Accommodation Contract
1 SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the temporary rental of hotel rooms for accommodation purposes and to all other related services and deliveries provided by the hotel (Hotel Accommodation Agreement). They do not apply to package travel as defined in Section 651a of the German Civil Code (BGB). The term "Hotel Accommodation Agreement" encompasses and replaces the following terms: accommodation agreement, guest accommodation agreement, hotel contract, hotel room contract.
1.2 The subletting or further letting of the provided rooms, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel. The right of termination under Section 540(1), Sentence 2 of the BGB is excluded.
1.3 The customer’s general terms and conditions shall only apply if expressly agreed in writing.
2 CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS
The contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer's request by the hotel. If the booking is made via the hotel's own website, the contract is concluded by clicking the button "BOOK WITH OBLIGATION TO PAY".
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to provide the booked rooms and agreed services.
3.2 The customer is obligated to pay the agreed or applicable hotel prices for room rental and any other services used. This also applies to third-party services arranged by the customer via the hotel and paid for in advance by the hotel.
3.3 The agreed prices include all taxes and local charges in effect at the time of contract conclusion. Not included are local charges owed by the guest according to municipal law, such as tourist tax. In the event of changes to VAT rates or the introduction, modification, or abolition of local charges affecting the services after contract conclusion, the prices will be adjusted accordingly. For contracts with consumers, this only applies if more than four months pass between contract conclusion and fulfillment.
3.4 If payment on invoice has been agreed, payment must be made within 7 days of receipt of the invoice without deductions, unless otherwise agreed.
3.5 The hotel is entitled to demand a reasonable advance payment or security deposit (e.g., credit card guarantee) upon conclusion of the contract. The amount and due dates can be agreed in writing.
3.6 In justified cases (e.g., customer default or contract extension), the hotel may request an advance or security deposit even after conclusion of the contract, up to the full amount.
3.7 The hotel may also request an advance payment or security deposit at the beginning or during the stay for existing or future claims, unless already provided as per 3.5 or 3.6.
3.8 The customer may only offset or reduce hotel claims with undisputed or legally established claims.
3.9 The customer agrees to receive the invoice electronically.
4 WITHDRAWAL/TERMINATION ("CANCELLATION") BY THE CUSTOMER – NON-USE OF SERVICES ("NO SHOW")
4.1 The customer may only unilaterally withdraw from the contract if a withdrawal right has been expressly agreed or if there is a statutory right.
4.2 If a deadline for free cancellation was agreed, the customer may withdraw without triggering payment or compensation claims, provided the cancellation is made in writing before the deadline. Otherwise, the right expires.
4.3 If there is no right of withdrawal or it has expired, and no legal right exists, the hotel retains the right to the agreed payment, even if the customer does not use the services. The hotel will deduct any income from re-letting and saved expenses. If not re-let, the hotel may apply the following flat rates: 90% of the agreed price for overnight stays with or without breakfast and packages with external services, 70% for half-board, and 60% for full-board arrangements. The customer may prove that no or lower loss occurred.
5 WITHDRAWAL BY THE HOTEL
5.1 If the customer is granted a free cancellation period, the hotel may also withdraw from the contract within that period if there are other booking requests and the customer does not waive their right upon inquiry.
5.2 If the agreed advance payment or security deposit is not made after a reasonable grace period, the hotel may withdraw from the contract.
5.3 The hotel may also withdraw for valid reasons, including:
Force majeure or circumstances beyond the hotel's control make performance impossible;
Booking with misleading or false information (e.g., customer identity, payment ability, purpose of stay);
Legitimate concern that the stay may endanger hotel operations, safety, or reputation without being attributable to the hotel;
Illegal purpose or occasion of stay;
Violation of clause 1.2.
5.4 A justified withdrawal by the hotel does not entitle the customer to damages. If damages do apply under 5.2 or 5.3, the hotel may claim them using the flat rates from clause 4.3.
6 ROOM PROVISION, HANDOVER, AND RETURN
6.1 The customer has no entitlement to specific rooms unless expressly agreed in writing.
6.2 Booked rooms are available from 3:00 p.m. on the agreed arrival date. Early access is not guaranteed.
6.3 Rooms must be vacated by 11:00 a.m. on the departure date. Late checkout fees: 50% of the room rate until 6:00 p.m., 90% after 6:00 p.m. No contractual claims arise for the customer. The customer may prove lesser damage.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages from injury to life, body, or health due to its fault. For other damages, liability applies only in cases of intent or gross negligence or breach of essential contractual obligations. The same applies to legal representatives or agents. Additional claims are excluded unless otherwise regulated. If disruptions or defects arise, the hotel will address them if notified. The customer must reasonably contribute to resolving and minimizing damages.
7.2 The hotel is liable for items brought in under statutory provisions. Use of the in-room or hotel safe is recommended. Items over €800 (cash, securities, valuables) or other items over €3,500 require a special agreement.
7.3 Parking spaces provided (even for a fee) do not constitute a custody agreement. The hotel is only liable for loss or damage to vehicles and contents under 7.1.
7.4 Wake-up calls are handled with care. Messages are handled with care. The hotel may accept, store, and forward mail or parcels after prior agreement and possibly for a fee. Liability is limited per clause 7.1.
8 FINAL PROVISIONS
8.1 Changes and additions to the contract or these terms must be in writing. Unilateral changes are invalid.
8.2 Jurisdiction is the Local Court (Amtsgericht) of Ansbach HRB 4186. The hotel may also sue at the customer’s place of residence. This also applies to customers outside the EU.
8.3 German law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
