General terms & conditions

(1) Conclusion and fulfillment of contract

The contract shall come into force upon the hotel’s confirmation of the customer’s (standardized expression for the person ordering, for third parties, guests etc) application. Only the terms and conditions on hand are binding and accepted for the contract; other terms, for example those of the costumer, are not accepted.

These terms and conditions apply to all offers of the hotel, in particular to the provision of hotel rooms, conference and banquet rooms and similar premises. If a third party placed the application on behalf of the costumer, this party, together with the costumer, shall be liable to the hotel for all obligation arising from the contracts. The customer may not sublet the rented premises as long as the hotel does not explain its written consent after a written inquiry.

Reserved rooms are available on the exact date of the agreement with the costumer. The costumer does not acquire the right to be provided specific rooms, but only a room within the booked category. If rooms are booked with the contract, those are available on the day of the costumer’s arrival,from 15:30. Rooms must be vacated and made available to the hotel no later than 11:00 on the agreed departure date. If the costumer does not fulfil his obligation to vacate the room until 12:00, the hotel is legitimated to charge for the room, up to the regular room rent, without another incitement to the costumer.

Should the failure in vacating the room in time cause other damages to the hotel, the customer is obliged to compensate the damage arisen.

The costumer is obliged to notify the hotel of his delay if he is to arrive after 19:00. Otherwise, the hotel can withdraw from the contract and rent the hotel rooms on the

request of other costumers without the right to accomodation for the costumer who has reserved initially. It is the costumer’s responsibility to prove his notification of a late arrival.

The costumer must tell the hotel the number of participants in booked caterings (food and beverages) two working days before the date of the fulfillment of the contract. In the case of less participants, payment is due for the number of participants the hotel was notified of or at least for the number of participants agreed on. If more participants appear, payment is due for the actual number of participants.

It is the customer’s responsibility to give the hotel immediate and unsolicited notification, the latest at the time of the agreement on the contract, of a potential public interest arising out of the politic, religious or other nature of the event and/or the fulfillment of the contract, which might infere with the interests of the hotel. Newspaper or other advertising and publications which refer to the hotel and/or, for example, invitations to job interviews or sales promotion have to be permitted by the management in written form.

(2) Prices, deposits

Prices are determined by the price list at the time of the fulfillment of the contract and include the current value added tax as required by law. In the case of a reservation made more than four months prior to arrival or fulfillment of the contract and with fixed prices confirmed, the hotel is legitimated to correct the price up to the price valid at the time of the fulfillment of the contract. If the value added tax has risen during the period between the conclusion and the fulfillment of the contract, the hotel is legitimated to adjust the price later as well. The hotel is entitled to require a reasonable advance payment or security deposit from the costumer or a third party, which might reach up to 100% of the booked service. If an advance payment is agreed on and the costumer fails to make it, the hotel is legitimated to withdraw from the contract and to claim for compensation of any damages or losses resulting from the withdrawal.

(3) Payment of services

The customer is committed to paying the valid, respectively the agreed prices for the booked and claimed services of the hotel, respectively those carried out. This applies especially to services or expenses for third parties, ordered or arranged by the costumer. Hotel invoices are payable immediately after fulfillment of the contract, the latest on departure, in principle. Moreover, the hotel is entitled to demand the prompt payment of mounted up claims at any time. If ayment on account has been agreed on, the full amount of the invoice is due directly after the charge and is payable without deductions within ten days. Arrears begins with the first reminder.

In the case of arrears, the hotel is legitimated to demand interest payable on arrears from the costumer. The interest rate is 4% above the basic interest rate for current account with business partners at the bank of the hotel. Apart from that, the hotel requires payment of 6,00 € for every reminder after the 10th day from the charge.

Payment for booked services, respectively rented rooms within the accommodation contract, is required also if the booking is cancelled or the rooms are not used by the costumer (§ 552 German Civil Code). The saved expenses of the hotel are 10% of the price of the booked night including breakfast, 40% of the price for food and beverages ordered, 25% of packages including the tickets for the park. If the hotel and the costumer have agreed on a fixed minimal turnover, the hotel is entitled to demand up to 60% of the difference between the actual and the agreed turnover. This share may vary, depending on the hotel proving a higher or the costumer proving a lower lost profit.

The costumer may only offset indisputable or legally valid claims against a claim of the hotel.

(4) Liability

The hotel is liable to exercise the duty of care of an ordinary merchant. In the case of defects or disruptions of services, the customer must reprimand immediately and give the hotel the opportunity to take remedial action. Independent of (4) and §§ 701 following German Civil Code, the hotel is liable only for intentional disruptions or a grossly negligent breach of obligation by the legal representative or the leading employee of the hotel. The limitation period for all claims of the costumer to the hotel is six months, counted from the day of the fulfillment of the contract. This limitation of liability and short limitation period is valid in favour of the hotel also, if obligations during the initiation of the contract are infringed, in the case of positive breach of contract and non-permitted or illegal actions.

a) The hotel makes a genuine effort in performing wake-up services with the duty of care of an ordinary merchant.

b) Messages, mail and merchandise deliveries for guests are treated with the same care.

c) Left or lost items of the costumer will be sent only on request and on his own risk and cost.

The hotel is not liable in any way concerning a) to c).

In the case of forcemajeure (fire, strike and similar) or other reasons hindering the hotel in fulfilling the contract fully or partially, the hotel reserves its right to extraordinary cancellation of the contract without any rights for the costumer to claim for compensation.

Insofar as a parking space is provided to the customer in the hotel garage, this does not constitute a safekeeping agreement, even if this parking space is provided for a fee. The hotel is not obliged to observe the garage. The hotel is legally responsible only for damages on the vehicle itself, which result of a defect already existing when the parking space was provided to the customer initially, but only up to 15345 € per vehicle including equipment. A damage has to be notified immediately, the latest when leaving the properties of the hotel.

(5) Withdrawal by the hotel

The hotel is further legitimated to withdraw from the contract if

- services were booked with faulty or misleading information regarding essential facts, for example concerning the costumer himself or the purpose of the booking

- the hotel has the justified assumption that the service taken into account by the costumer can disrupt or endanger the trouble-free business, the security or the reputation of the hotel. This applies especially to groups and the case of single persons within the group give reason for this assumption.

- The customer contravenes (1) paragraph 5.

Legitimated withdrawal from the contract by the hotel does not constitute a claim for compensation for the costumer.

(6) Final provisions

Place of performance and payment for both parties is the location of the hotel. The contract is governed by and shall be construed in accordance with the German law. Court of jurisdiction in commercial business, also for change and cheque disputes, is the location of the hotel.

Amendments and supplements to the contract should be made in writing. If single regulations of the contract – including the General Terms – should be or become void, this does not affect the remaining regulations. The parties will replace the void regulations immediately with effective ones, which resemble the content of the void regulations in the closest possible way. May 2003