General Terms & Conditions of Business
for the hotel accommodation contract (AGBH 8.1)

  1. Scope
    1. These General Terms & Conditions of Business apply for contracts on the hiring out of hotel rooms for accommodation and all related services and deliveries provided for the customer by the hotel (hotel accommodation contract). They do not apply for package tours in the sense of Section 651a of German Civil Code. The term "hotel accommodation contract" includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract and hotel room contract.
    2. The subletting or subleasing of rented-out rooms and their use for purposes other than accommodation require the prior consent of the hotel in writing, where the right of termination as per Section 540 Paragraph 1 Sentence 2 of German Civil Code is waived.
    3. The general terms & conditions of business of the customer shall only apply if this has been expressly agreed upon in writing.
  2. Contract conclusion and contractual partners
    The contractual partners are the hotel and the customer. The contract is made through acceptance of the request of the customer by the hotel. Should booking be carried out using the hotel's website, the contract is entered upon clicking the "BOOK WITH OBLIGATION TO PAY" button.
  3. Services, prices, payment and offset
    1. The hotel is obligated to have ready the rooms booked by the customer and to render the agreed-upon services.
    2. The customer is obligated to pay the agreed-upon or applicable prices of the hotel for room hiring and other services used by the customer. This also applies for services which have been commissioned directly by the customer or through the hotel which are provided by third parties and disbursed by the hotel.
    3. Agreed-upon prices are understood to include the taxes and local charges applicable at the time of contract conclusion. Local charges which are owed according to the respective local law, such as visitor's taxes, are not included.
      Should the statutory VAT change or new local charges on the object of performance be introduced, changed or eliminated following conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the time period between conclusion of the contract and fulfillment of the contract exceeds four months.
    4. Should payment on account have been agreed upon, payment shall be made within seven days as from invoice receipt without delay unless agreed upon otherwise.
    5. The hotel is authorised to demand reasonable advance payment or a security deposit, such as in the form of a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the terms of payment can be agreed upon in writing in the contract. In the event of payment default by the customer, the statutory regulations shall apply.
    6. In justified cases, such as payment arrears of the customer or extension of the scope of the contract, the hotel will be authorised to demand advance payment or a security deposit as per Section 3.5 above or an increase of the advance payment or security deposit agreed upon in the contract, up to the full amount agreed upon, even after conclusion of the contract and up until the period of stay begins.
    7. Furthermore, the hotel is authorised to demand from the customer – at the start of, and during, the stay – a reasonable advance payment or security deposit as per Section 3.5 above for existing and future receivables from the contract, as long as such payment or deposit has not already been rendered as per Section 3.5 and or Section 3.6 above.
    8. The customer may only offset or allocate an indisputable or legally valid receivable with a receivable of the hotel.
    9. The customer agrees that the invoice may be transmitted to them by electronic means.
  4. Withdrawal from/termination("cancellation") of the contract
    Non-utilisation of services of the hotel ("no-show")
    1. Unilateral dissolution of the contract concluded with the hotel by the customer is only possible if a right of withdrawal has been expressly agreed upon in the contract or if there is a legal right to withdrawal or termination.
    2. Should a time limit for withdrawal from the contract free of charge have been agreed upon between the hotel and the customer, the customer may withdraw from the contract until then without this resulting in payment or damage claims by the hotel. The right to withdrawal of the customer shall be forfeited if the customer does not exercise this right with the hotel in writing by the agreed-upon date.
    3. Should a right to withdrawal not have been agreed upon or have already been forfeited and should there also be no legal right to withdrawal or termination, the hotel reserves the right to claim the agreed-upon compensation despite the non-utilisation of service. The hotel must credit receipts from other rental of the rooms and the expenditures saved. Should the rooms not be rented out otherwise, the hotel may estimate the deduction for expenditures saved. In this case, the customer shall be obligated to pay ninety percent of the contractually agreed-upon price for overnight stays with or without breakfast and for all-inclusive packages with third-party services, seventy percent for half-board packages and sixty percent for full-board packages. The customer is free to provide proof that the aforementioned claim has not arisen or has not arisen in the amount demanded.
  5. Withdrawal by the hotel
    1. Should it have been agreed upon that the customer can withdraw from the contract free of charge within a specific period of time, the hotel will be authorised to withdraw from the contract for its part during this period of time should there be enquiries from other customers regarding the contractually booked rooms and should the customer not waive their right to withdrawal with a reasonable deadline upon enquiry by the hotel. Accordingly, this shall apply with regard to the granting of an option if there are other enquiries and if the customer is not prepared to make a firm booking with a reasonable deadline upon enquiry by the hotel.
    2. Should an advance payment or security deposit not be made as agreed upon or demanded as per Section 3.5 and/or Section 3.6, even after an appropriate grace period set by the hotel has passed, the hotel will also be authorised to withdraw from the contract.
    3. Furthermore, the hotel is authorised to withdraw from the contract extraordinarily for an objectively justified reason, in particular in case:
      • of force majeure or other circumstances beyond the control of the hotel which render fulfillment of the contract impossible;
      • of rooms which are culpably booked by providing misleading or false information or through the omission of essential information; the identity of the customer, the ability to pay and the purpose of the stay can be considered significant here;
      • the hotel has a justified reason to believe that utilisation of the service may threaten smooth business operation or the safety or reputation of the hotel with the public without such matters being attributable to the hotel's power of control or organisation;
      • the purpose or occasion of the stay is unlawful;
      • Section 1.2 above is violated.
    4. Justified withdrawal by the hotel does not entitle the customer to damages. Should damage claims against the customer arise in case of withdrawal as per Section 5.2 or 5.3 above, the hotel may estimate the amount. In such a case, Section 4.3 shall apply accordingly.
  6. Room provision, transfer and return
    1. The customer is not entitled to claim the provision of specific rooms unless otherwise expressly agreed upon in writing.
    2. Booked rooms shall be available to the customer as from 3:00 p.m. on the agreed-upon day of arrival. The customer has no right to earlier provision.
    3. On the agreed-upon day of departure, the rooms are to be made available to the hotel – vacated – no later than 11:00 a.m. After this time, the hotel is authorised to charge the customer for extra-contractual use based on the customer's delayed vacating of the room in the amount of fifty percent of the full price of lodging (as per the price list) until 6:00 p.m. or ninety percent after 6:00 p.m. This does not entitle the customer to contractual claims. The customer is free to provide evidence that the hotel has no claim or considerably less claim to compensation for use.
  7. Liability of the hotel
    1. The hotel shall be liable for damages arising from injury to life, limb or health which can be attributed to it. Furthermore, it shall be liable for other damages due to an intentional or grossly negligent breach of obligation on the part of the hotel or due to an intentional or grossly negligent violation of obligations typical of the contract on the part of the hotel. Obligations typical of the contract include obligations which enable the proper performance of the contract in the first place and upon the fulfillment of which the customer relies and may rely. A violation of obligation by a statutory representative or employee is equivalent to a breach by the hotel. Further damage claims are excluded unless otherwise regulated in this section, Section 7. Should disruptions or defects arise with regard to service provision on the part of the hotel, the hotel shall make and effort to remedy such upon its knowledge of the disruptions or defects concerned or upon a complaint lodged without delay by the customer. The customer is obligated to contribute to a reasonable degree to correcting the disruption and keeping possible damage to a minimum.
    2. The hotel's liability for objects brought in by the costumer shall be in accordance with the legal requirements. The hotel recommends using the hotel or room safe. Should the customer wish to bring in money, securities or valuables with a value of more than 800 Euro or other items with a value of more than 3,500 Euro, a separate safekeeping contract with the hotel shall be required.
    3. Should the customer be provided a parking space in the hotel garage or in the hotel car park, including for a fee, this does not constitute a safekeeping contract. Should motor vehicles be parked or placed on the hotel grounds and their contents be lost or damaged, the hotel shall only be liable as per Section 7.1, Sentences 1 through 4 above.
    4. Wake-up services are provided by the hotel with the greatest of care. Messages for customers are handled with care. Upon prior agreement with the customer, the hotel can handle the acceptance, storage and, if desired, forward post and shipments for a fee. In this regard, the hotel shall only be liable as per Section 7.1, Sentences 1 through 4 above.
  8. Safety, orderliness and our no-smoking policy
    1. Smoking is prohibited throughout the hotel. Should a fire alarm be triggered as a result of impermissible smoking or should the smoke detectors have been wilfully tampered with, the hotel will assume no liability. Any expenses arising as a result of deployment of the fire brigade or other security services must be paid for immediately on site. Should it be determined that guests are smoking in the rooms, our hotel will charge the guests a special cleaning fee in the amount of 200 Euro. Additionally, we will charge you a rental loss fee for a minimum of three days without breakfast.
    2. It is strictly prohibited to bring illegal narcotics and weapons to the hotel. This will lead to an immediate ban on entering the hotel. In such a case, the responsible authorities will also be notified of the occurrence.
    3. In case of a fire alarm, the hotel is to be vacated immediately. Removal of the smoke detector is not permitted. Repairs made to a removed smoke detector will be charged to the customer, and the fee must be paid immediately on site.
  9. Closing provisions
    1. Changes and supplements to the contract, the request acceptance or these General Terms & Conditions of Business are to be made in writing. Unilateral changes or supplements are not valid.
    2. Should the customer be a business person or legal person under public law, the sole place of jurisdiction shall be Wehingen. The hotel has the option to take action against the customer or at the domicile of the customer. The same applies for customers not included under Sentence 1 should their domicile or place of residence not be within a member state of the European Union.
    3. German law shall apply. Application of the United Nations Convention is excluded.
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