General Terms and Conditions for Hotel Accommodation Contracts

Version: 2021

Area of application
1. These General Business Terms and Conditions apply to contracts on the provision for rental use of hotel rooms for lodging and to all other services and supplies provided to the customer by the hotel in this connection (Hotel Accommodation Contract). They do not apply to package travel within the meaning of section 651a German Civil Code (BGB). The term “Hotel Accommodation Contract” encompasses and replaces the following terms: lodging, guest accommodation, hotel and hotel room contract.
2. The sub-letting or re-letting of the rooms provided for use and the use thereof for any purposes other than those of lodging is subject to the prior consent of the hotel in text form, whereby the right to terminate pursuant to section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded.
3. General business terms and conditions of the customer shall only be applicable if this has been explicitly agreed in text form.
Concluding the contract, contract parties
The hotel and the customer are the parties to the contract. The contract is concluded by acceptance by the hotel of the application made by the customer. If the booking is made via the hotel’s own web page, the contract is concluded by clicking the button “ZAHLUNGSPFLICHTIG BUCHEN” confirming the reservation and the customer’s obligation to pay.
Services, prices, payment, off-set
1. The hotel is obliged to keep the rooms reserved by the customer available and to render the services agreed.
2. The customer is obliged to pay the hotel’s prices that are agreed for or applicable to the provision of the room for use and to other services used by the customer. This also applies to services ordered by the customer either directly or through the hotel which are performed by third parties and paid for in advance by the hotel.
3. The prices agreed are inclusive of the taxes and local taxes applicable at the time when the contract is concluded. They do not include local taxes such as local visitor’s tax [Kurtaxe] which the guest owes himself or herself under local community law.
  The prices shall be adjusted accordingly in the event of changes to the statutory value added tax or of the introduction, change or elimination of local taxes on the subject matter of the contract after the contract has been entered into. In the case of contracts with consumers, this only applies if the period of time elapsing between the date of conclusion of the contract and the date of performance of the contract is longer than four months.
4. If payment by invoice [Zahlung auf Rechnung] is agreed, payment shall be made within ten days of receipt of the invoice without any deductions being made, unless otherwise agreed.
5. When the contract is entered into, the hotel has the right to request a reasonable advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The provisions of statute shall apply in the event of late payment by the customer.
6. In justified cases, for example if the customer is in arrears in payment or if the scope of the contract is extended, the hotel has the right to demand, even after the contract has been concluded up until the time when the residence commences, advance payment or security as set out in subsection 3.5 above or an increase in the amount of the advance payment or security agreed in the contract up to the full amount of the remuneration agreed.
7. Further, the hotel has the right to request, at the beginning and during the course of the customer’s stay, a reasonable advance payment or security within the meaning of subsection 3.5 above for existing and future claims under the contract, insofar as no such payment or security has already been made or provided pursuant to subsection 3.5 and/or 3.6 above.
8. The customer may only offset or net out an undisputed claim or a claim established by final and absolute court decision against a claim of the hotel.
9. The customer is in agreement with the invoice being sent to the customer by electronic transmission.
Revocation/ termination (“Cancellation”) by the customer no use of the Hotel services “No show”
1. It is only possible for the customer to unilaterally dissolve the contract concluded with the hotel if a revocation right has been explicitly agreed in the contract or if there is a statutory revocation right or termination right.
2. If the hotel and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the hotel. The customer’s revocation right expires if the customer does not exercise this right vis-à-vis the hotel in text form by the agreed deadline.
3. If no revocation right has been agreed or if it has already expired, and if there is no statutory right of revocation or termination either, then the hotel retains its entitlement to the remuneration agreed although the service was not used. The hotel shall offset income from otherwise letting the rooms and saved expenditures. If the rooms are not otherwise let, the hotel can apply a flat rate for the saved expenditures. In this case the customer is obliged to pay 90% of the contractually-agreed price for overnight accommodation with or without breakfast and for package deals with third-party services, 70% for half board and 60% for full board. The customer is at liberty to demonstrate that the above claim did not arise or not in the amount claimed.
Revocation by the hotel
1. If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the hotel has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved rooms and if the customer does not waive its revocation right after a request is made by the hotel and a reasonable time period set. This shall apply accordingly if the customer has been granted an option and if other inquiries are made and the customer is not prepared to make a firm booking after a request is made by the hotel and a reasonable time period set.
2. The hotel also has the right to revoke the contract if an advance payment or security agreed or required in accordance with subsection 3.5 and/or subsection 3.6 has not been paid after an appropriate period of grace set by the hotel has expired.
3. Further, the hotel has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of
- force majeure or other circumstances for which the hotel is not responsible, which render performance of the contract impossible;
- rooms and spaces being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
- the hotel having reasonable grounds to assume that the use of the service can jeopardize the smooth running of the business, the safety or public reputation of the hotel without this being attributable to the area of responsibility or organization of the hotel;
- the purpose of or the reason for the stay being in violation of the law;
- a breach of subsection 1.2.
1. Revocation by the hotel that is justified does not give the customer the right to claim damages. If, in the event of revocation under subsection 5.2 or 5.3 above, the hotel has a claim for damages against the customer, the hotel can claim this as a flat rate. In this case, subsection 4.3 shall apply accordingly.
Making the room available, handover and return
1. The customer does not acquire a right to the provision of specific rooms unless this has been explicitly agreed in text form.
2. The reserved rooms shall be available for use by the customer with effect from 15:00 hours on the agreed date of arrival. The customer has no right to earlier availability.
3. The rooms shall be vacated and available for use by the hotel by 12:00 noon at the latest on the agreed departure date. After this time, as the room was vacated late, the hotel has the right to charge for the room use exceeding that which was contractually agreed in an amount of 50% of the full accommodation price up until 18:00 hours and in an amount of 90% after 18:00 hours (price as per price list). This does not give rise to contractual rights of the customer. The customer is at liberty to demonstrate that the hotel did not acquire a claim for compensation for use or acquired a significantly lower claim.
Liability of the hotel
1. The hotel is liable for damage which it is accountable for resulting from injury to life, body or health. It is further liable for other damage which is based on an intentional or grossly-negligent breach of duty of the hotel or on an intentional or negligent breach of duties of the hotel typical of the type of contract [vertragstypischen Pflichten]. Duties typical of the type of contract are those duties which enable the proper execution of the contract altogether and which the customer relies on being performed and is able to rely on being performed. A breach of duty of a statutory representative or person engaged in performance of an obligation of the hotel [Erfüllungsgehilfe] is equivalent to a breach of duty of the hotel. More far-reaching claims for damages are excluded unless otherwise provided for in this Section 7. If there should be any disruptions or deficiencies in the services of the hotel, the hotel shall endeavor to remedy this when it has knowledge thereof or upon a complaint being made without undue delay by the customer. The customer is obliged to contribute what it can be reasonably expected to contribute in order to remedy the disruption and minimize possible damage.
2. The hotel is liable to the customer in accordance with the provisions of statute for items brought with the customer. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring with him or her money, securities or valuables valued at over Euro 800 or other property items valued at over Euro 3.500 a separate safekeeping agreement must be entered into with the hotel.
3. If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even if this is for payment, a custody contract is not concluded as a result. If cars parked or driven on the hotel premises or the contents thereof are lost or damaged, the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
4. Wake-up calls are made with great care by the hotel.
  Messages for customers are treated with care. After prior agreement with the customer, the hotel can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
Final provisions
1. Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective.
2. If the customer is a merchant or public law legal entity, the courts of Cologne, Germany have exclusive jurisdiction and venue. The hotel can, however, at its election, also bring legal action against the customer at the place of the customer’s registered office. This also applies to customers not covered by sentence 1 above if they do not have their registered office or place of residence in an EU member state.
3. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
4. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

GENERAL TERMS AND CONDITIONS FOR EVENTS (Status: October 2021)

Scope of application

1.1 These terms and conditions apply to contracts for the rental provision of the hotel’s conference, banquet, and event rooms for the purpose of holding events such as banquets, seminars, conferences, exhibitions, and presentations, etc., as well as to all further services and deliveries provided by the hotel to the customer in connection therewith.
1.2 The subletting or re-letting of the rooms, areas, or display cases provided, as well as the invitation to job interviews, sales events, or similar events, requires the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived to the extent the customer is not a consumer.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

2. Conclusion of contract, contracting parties, liability, limitation

2.1 The contracting parties are the hotel and the customer. The contract is concluded by the hotel’s acceptance of the customer’s offer. The hotel is free to confirm the event booking in text form.
2.2 The hotel is liable for damages attributable to it arising from injury to life, limb, or health. Furthermore, it is liable for other damages based on intentional or grossly negligent breaches of duty by the hotel or on intentional or negligent breaches of contractual duties typical for the hotel. A breach of duty by the hotel includes that of its legal representatives or vicarious agents. Further claims for damages, insofar as not otherwise regulated in clause 9, are excluded. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy them upon becoming aware of them or upon prompt complaint by the customer. The customer is obliged to contribute what is reasonable for them to help eliminate the disruption and to keep any possible damage to a minimum. Furthermore, the customer is obliged to inform the hotel in good time of the possibility of an extraordinarily high level of damage occurring.
2.3 All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages become time-barred, irrespective of knowledge, after five years unless they are based on injury to life, limb, health, or freedom. These damage claims become time-barred, irrespective of knowledge, after ten years. The shortening of limitation periods does not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.

3. Services, prices, payment, set-off

3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for these and any additional services used. This also applies to services ordered by the customer directly or via the hotel that are provided by third parties and paid for in advance by the hotel. In particular, this also applies to claims by copyright collection societies.
3.3 The agreed prices, unless expressly stated otherwise, include the taxes applicable at the time the contract is concluded. If the customer is an entrepreneur within the meaning of Section 14 BGB, a legal entity under public law, or a special fund under public law, the stated prices are exclusive of statutory VAT at the applicable rate.
In the event of changes to statutory VAT or the introduction, change, or abolition of local charges on the subject matter of the service after conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between contract conclusion and contract performance exceeds four months.
3.4 Invoices of the hotel without a due date are payable within ten days of receipt without deduction. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default, the hotel is entitled to charge the statutory default interest applicable at the time—currently 8 percentage points above the base rate, or in legal transactions involving a consumer, 5 percentage points above the base rate. The hotel reserves the right to prove a higher level of damage.
3.5 Upon conclusion of the contract, the hotel is entitled to request a reasonable advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract.
3.6 In justified cases—e.g., payment default by the customer or expansion of the contract scope—the hotel is entitled, even after conclusion of the contract and up to the start of the event, to request an advance payment or security within the meaning of clause 3.5, or to increase the advance payment or security agreed in the contract up to the full agreed remuneration.
3.7 The customer may only set off or offset a claim of the hotel with an undisputed or legally established claim.

4. Customer’s withdrawal (cancellation)

4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists, or if the hotel expressly agrees to termination of the contract. The agreement of a right of withdrawal and any consent to termination of the contract should each be in text form.
4.2 If the hotel and the customer have agreed a date up to which the customer may withdraw from the contract free of charge, the customer may withdraw up to that date without triggering payment or damage claims by the hotel. The customer’s right of withdrawal lapses if they do not exercise this right by the agreed date vis-à-vis the hotel.
4.3 If no right of withdrawal has been agreed or it has already lapsed, and there is also no statutory right of withdrawal or termination, and the hotel does not agree to termination of the contract, the hotel retains its claim to the agreed remuneration despite non-utilization of the service. The hotel must account for the income from alternative rental of the rooms as well as the saved expenses. The saved expenses may be standardized according to clauses 4.4, 4.5, and 4.6. The customer is free to prove that the claim did not arise or did not arise in the required amount. The hotel is free to prove that a higher claim has arisen.
4.4 If the customer withdraws only between the 8th and 4th week before the event date, the hotel is entitled to charge, in addition to the agreed room rent, 35% of the lost revenue from food; for any later withdrawal, 70% of the food revenue.
4.5 The calculation of the food revenue is based on the formula: agreed menu price × number of participants. If no price has yet been agreed for the menu, the cheapest three-course menu from the currently valid event offer is used as a basis.
4.6 If a conference package per participant has been agreed, the hotel is entitled, in the event of withdrawal between the 8th and 4th week before the event date, to charge 60%, and for later withdrawal 85%, of the conference package × the agreed number of participants.

5. Hotel’s withdrawal

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is likewise entitled to withdraw from the contract within this period if inquiries from other customers regarding the contractually booked event rooms exist and the customer, upon inquiry by the hotel and with a reasonable deadline, does not waive their right of withdrawal.
5.2 If an advance payment or security deposit agreed pursuant to clauses 3.5 and/or 3.6 or demanded by the hotel is not provided even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for good cause, in particular if:

Force majeure or other circumstances not attributable to the hotel make performance of the contract impossible;
Events or rooms are culpably booked under misleading or false information or by concealing essential facts; essential in this respect may be the identity of the customer, their solvency, or the purpose of stay;
the hotel has justified reason to assume that the event could endanger the smooth operation of business, the safety, or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
the purpose or occasion of the event is unlawful;
there is a breach of clause 1.2.
5.4 The hotel’s justified withdrawal does not give rise to any claim by the customer for damages.

6. Changes in participant numbers and event times

6.1 An increase in the number of participants by more than 5% must be communicated to the hotel no later than five working days before the start of the event; it requires the hotel’s consent, which should be in text form. Billing will be based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number is lower, the customer has the right to reduce the agreed price by the additional savings they can prove as a result of the lower number of participants.
6.2 A reduction in the number of participants by more than 5% should be communicated to the hotel at an early stage, at the latest five working days before the start of the event. Billing will be based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Clause 6.1 sentence 3 applies accordingly.
6.3 In the event of a reduction in the number of participants by more than 10%, the hotel is entitled to change the confirmed rooms—taking into account any differing room rental—unless this is unreasonable for the customer.
6.4 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge appropriately for the additional standby time, unless the hotel is at fault.

7. Bringing food and beverages

The customer is generally not permitted to bring food and beverages to events. Exceptions require an agreement with the hotel. In such cases, a contribution to overhead costs will be charged.

8. Technical equipment and connections

8.1 Insofar as the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it acts in the name, with authority, and on account of the customer.
The customer is liable for careful handling and proper return. They indemnify the hotel against all third-party claims arising from the provision of such equipment.
8.2 The use of the customer’s own electrical equipment using the hotel’s power supply requires the hotel’s consent. Disruptions or damage to the hotel’s technical systems caused by the use of such equipment shall be borne by the customer, insofar as the hotel is not responsible. The hotel may record and charge the electricity costs arising from such use on a flat-rate basis.
8.3 With the hotel’s consent, the customer is entitled to use their own telephone, fax, and data transmission equipment. The hotel may charge a connection fee for this.
8.4 If suitable equipment of the hotel remains unused due to the connection of the customer’s own equipment, a compensation fee may be charged.
8.5 Disruptions to technical or other equipment provided by the hotel will be rectified as quickly as possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

9. Loss or damage to items brought in

9.1 Exhibits or other items brought in, including personal belongings, are in the customer’s custody and risk in the event rooms or the hotel. The hotel accepts no liability for loss, destruction, or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damages arising from injury to life, limb, or health. In addition, all cases in which safekeeping constitutes a contractual duty typical under the circumstances of the individual case are excluded from this liability disclaimer.
9.2 Brought-in decoration materials must comply with fire safety requirements. The hotel is entitled to request official proof thereof. If such proof is not provided, the hotel is entitled to remove materials already brought in at the customer’s expense. Due to potential damage, the setup and attachment of items must be coordinated with the hotel in advance.
9.3 Exhibits or other items brought in must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer’s expense. If the items remain in the event room, the hotel may charge a reasonable usage fee for the period during which the room is retained.

10. Customer’s liability for damages

10.1 If the customer is an entrepreneur, they are liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties within their sphere, or by themselves.
10.2 The hotel may require the customer to provide an appropriate security deposit, for example in the form of a credit card guarantee.

11. Final provisions

11.1 Changes and additions to the contract, acceptance of the offer, or these general terms and conditions should be in text form. Unilateral changes or additions by the customer are invalid.
11.2 Place of performance and payment, as well as exclusive place of jurisdiction—including for disputes involving checks and bills of exchange—in commercial transactions is Cologne, Germany. If a contracting party meets the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, Cologne, Germany, shall be the place of jurisdiction.
11.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules is excluded.
Should individual provisions of these General Terms and Conditions for Events be or become invalid or void, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.

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