The­se Terms and Con­di­ti­ons of Busi­ness app­ly to con­tracts for the ren­tal of hotel rooms for lodging pur­po­ses, as well as all other ser­vices and deli­veries pro­vi­ded by the hotel (her­ein­af­ter refer­red to as „Hotel“) for the customer/guest.
Sub­let­ting or sub­let­ting of the rooms made available and their use for pur­po­ses other than lodging shall requi­re the pri­or writ­ten con­sent of the hotel, wher­eby § 540 para­graph 1 sen­tence 2 BGB is wai­ved inso­far as the cus­to­mer is not a con­su­mer. For tra­vel agencies/agencies (sub­let­ting), the­r­e­fo­re, it appli­es that both the sale must be agreed with the hotel in advan­ce and, in the case of a writ­ten con­fir­ma­ti­on of the sub­let­ting, the hotel must be infor­med imme­dia­te­ly of the respec­ti­ve guests with their full name, address and cont­act per­son.
The customer’s terms and con­di­ti­ons shall only app­ly if this has been express­ly agreed in wri­ting in advance.

The con­tract is con­cluded when the hotel accepts the customer’s appli­ca­ti­on. The hotel is free to con­firm the room boo­king in wri­ting.
The con­trac­ting par­ties are the hotel and the customer/guest. If a third par­ty has orde­red for the customer/guest, the customer/guest is lia­ble to the hotel tog­e­ther with the customer/guest as joint and seve­ral deb­tor for all obli­ga­ti­ons ari­sing from the hotel accom­mo­da­ti­on con­tract, pro­vi­ded the hotel has a cor­re­spon­ding decla­ra­ti­on by the third par­ty.
All claims against the hotel are gene­ral­ly sub­ject to a limi­ta­ti­on peri­od of one year from the begin­ning of the sta­tu­to­ry limi­ta­ti­on peri­od. Claims for dama­ges shall beco­me statute-barred after five years, irre­spec­ti­ve of know­ledge. The shor­tening of the sta­tu­te of limi­ta­ti­ons does not app­ly to claims based on a wilful or gross­ly negli­gent breach of duty by the hotel.

The hotel is obli­ged to keep the rooms boo­ked by the cus­to­mer rea­dy and to pro­vi­de the agreed ser­vices.
The cus­to­mer is obli­ga­ted to pay the hotel’s agreed or appli­ca­ble pri­ces for the room ren­tal and the addi­tio­nal ser­vices used by the cus­to­mer. This also appli­es to the hotel’s ser­vices and expen­ses to third par­ties arran­ged by the cus­to­mer. The agreed pri­ces include the respec­ti­ve sta­tu­to­ry value added tax. Sub­se­quent sta­tu­to­ry tax chan­ges will be adjus­ted to the agreed pri­ce.
The hotel may make its con­sent to a sub­se­quent reduc­tion in the num­ber of rooms boo­ked, the hotel’s ser­vices or the customer’s length of stay reques­ted by the cus­to­mer depen­dent on an increase in the pri­ce of the rooms and/or other ser­vices pro­vi­ded by the hotel. In any event, all con­trac­tu­al chan­ges must be set out in wri­ting. Oral agree­ments are not valid.
Hotel invoices wit­hout a due date are paya­ble wit­hout deduc­tion within 10 days of receipt of the invoice. The hotel may at any time demand imme­dia­te pay­ment of due accounts receiva­ble from the cus­to­mer. In the event of late pay­ment, the hotel is entit­led to char­ge inte­rest at a rate of 9% or, in the case of legal tran­sac­tions invol­ving a con­su­mer, 5% abo­ve the base rate.
The hotel reser­ves the right to pro­ve hig­her dama­ges.
The hotel is entit­led to demand a reasonable advan­ce pay­ment or secu­ri­ty depo­sit from the cus­to­mer upon con­clu­si­on of the con­tract. The amount of the advan­ce pay­ment and the dates of pay­ment may be agreed in wri­ting in the con­tract. In the case of advan­ce pay­ments or secu­ri­ties for packa­ge tours, the sta­tu­to­ry pro­vi­si­ons shall remain unaf­fec­ted.
In jus­ti­fied cases, e.g. if the cus­to­mer is in arre­ars with pay­ments, the hotel is entit­led, even after con­clu­si­on of the con­tract and until the begin­ning of the customer’s stay, to demand an advan­ce pay­ment or pro­vi­si­on of secu­ri­ty within the mea­ning of III No. 5 abo­ve or an increase in the advan­ce pay­ment or pro­vi­si­on of secu­ri­ty agreed in the con­tract up to the full agreed remu­ne­ra­ti­on.
The hotel is fur­ther entit­led, at the begin­ning and during the customer’s stay, to demand from the cus­to­mer a reasonable advan­ce pay­ment or secu­ri­ty depo­sit within the mea­ning of the abo­ve III No. 6 for exis­ting and future claims ari­sing from the con­tract, inso­far as such has not alre­a­dy been made in accordance with the abo­ve III No. 5 or 6.
The cus­to­mer may only off­set, redu­ce or exer­cise a right of reten­ti­on against a cla­im of the hotel with an undis­pu­ted or legal­ly valid claim.

The customer’s with­dra­wal from the con­tract con­cluded with the hotel requi­res the hotel’s writ­ten con­sent. If such con­sent is not obtai­ned, the agreed pri­ce under the con­tract is paya­ble even if the cus­to­mer does not make use of con­trac­tu­al ser­vices. In this case, the cor­re­spon­ding invoice will be issued, show­ing the value added tax. If the hotel gives writ­ten con­sent to the customer’s with­dra­wal from the con­tract on con­di­ti­on that the cus­to­mer is lia­ble to pay dama­ges for the rooms not used, the cor­re­spon­ding invoice will be issued wit­hout show­ing VAT. This shall app­ly sub­ject to any chan­ge in the admi­nis­tra­ti­ve ins­truc­tions of the tax aut­ho­ri­ties. In the event of non-utilization of the hotel’s ser­vices, 90% of the agreed lodging rate will be char­ged for all boo­kings of up to 10 rooms. The pro­vi­si­ons of the abo­ve para­graph do not app­ly in the event of a breach of the hotel’s obli­ga­ti­on to take account of the customer’s rights, legal inte­rests and inte­rests if the cus­to­mer can no lon­ger be reason­ab­ly expec­ted to adhe­re to the con­tract as a result, or if the cus­to­mer has any other sta­tu­to­ry or con­trac­tu­al right of with­dra­wal.
If a date for rescis­si­on of the con­tract has been agreed in wri­ting bet­ween the hotel and the cus­to­mer, the cus­to­mer may rescind the con­tract up to that date wit­hout incur­ring pay­ment or dama­ge com­pen­sa­ti­on claims by the hotel. The customer’s right of rescis­si­on shall expi­re if he does not exer­cise his right of rescis­si­on in wri­ting to the hotel by the agreed date, unless a case of rescis­si­on pur­su­ant to Clau­se IV, Item 1, Sen­tence 7 exists.
The fol­lo­wing sca­le is set for with­dra­wal by the cus­to­mer:
This pro­vi­si­on appli­es to reser­va­tions of 10 or more rooms; reser­va­tions of up to 9 rooms may be can­cel­led free of char­ge up to 3 days befo­re arri­val. Boo­kings with fewer rooms are to be unders­tood as indi­vi­du­al boo­kings.
a. Reser­va­tions up to 20 rooms: up to 40 days befo­re arri­val free of char­ge, from 39 – 15 days 50% of the room pri­ce, from 14 – 3 days 80% of the room pri­ce, the­re­af­ter 100%.
b. Reser­va­tions from 21 rooms: up to 60 days befo­re arri­val free of char­ge, from 59 – 25 days 50% of the room rate, from 24 – 3 days 80% of the room rate, the­re­af­ter 100%.
The time of arri­val is the day of arri­val, 18:00 local time of the hotel. Can­cel­la­ti­on fees will be char­ged less the agreed break­fast rate.
In the case of rooms not taken up by the cus­to­mer, the hotel shall cre­dit the saved expen­ses. The hotel may demand the con­trac­tual­ly agreed remu­ne­ra­ti­on and may make a lump-sum deduc­tion for saved expen­ses incur­red by the hotel. In this case, the cus­to­mer is obli­ga­ted to pay the fees spe­ci­fied under Clau­se IV, Items 1 and 3. The cus­to­mer is at liber­ty to pro­ve that the afo­re­men­tio­ned cla­im did not ari­se or did not ari­se in the requi­red amount.

Inso­far as it has been agreed in wri­ting that the cus­to­mer may with­draw from the con­tract free of char­ge within a cer­tain peri­od, the hotel is entit­led for its part to with­draw from the con­tract during this peri­od if the­re are inqui­ries from other cus­to­mers regar­ding the con­trac­tual­ly boo­ked rooms and the cus­to­mer does not wai­ve his or her right to with­draw at the hotel’s request.
If an agreed advan­ce pay­ment or secu­ri­ty depo­sit, or the advan­ce pay­ment or secu­ri­ty depo­sit requi­red in accordance with Item III Nos. 6 and/or 7 abo­ve, is not made, the hotel is like­wi­se entit­led to rescind the con­tract.
Fur­ther­mo­re, the hotel is entit­led to extra­or­di­na­ry can­cel­la­ti­on of the con­tract for a fac­tual­ly jus­ti­fied reason, for exam­p­le if
– force majeu­re or other cir­cum­s­tances for which the hotel is not respon­si­ble make it impos­si­ble to ful­fil the con­tract;
– rooms are boo­ked under mis­lea­ding or fal­se infor­ma­ti­on of essen­ti­al facts, e.g. in the per­son of the cus­to­mer or the pur­po­se of his stay;
– the hotel has reasonable cau­se to belie­ve that the use of the hotel’s ser­vices may jeo­par­di­ze the smooth ope­ra­ti­on of the busi­ness, the secu­ri­ty or the public repu­ta­ti­on of the hotel, wit­hout this being attri­bu­ta­ble to the hotel’s sphe­re of con­trol or orga­niza­ti­on.
– a breach of the abo­ve I. Item 2 abo­ve.
In the event of jus­ti­fied rescis­si­on by the hotel, the cus­to­mer shall have no cla­im to damages.

The cus­to­mer does not acqui­re any cla­im to the pro­vi­si­on of spe­ci­fic rooms.
Boo­ked rooms are available to the cus­to­mer from 15.00 hours on the agreed day of arri­val. The cus­to­mer is not entit­led to ear­lier avai­la­bi­li­ty.
On the agreed day of depar­tu­re, the rooms must be vaca­ted and made available to the hotel no later than 12:00 noon. After that time, the hotel may char­ge 50% of the full accom­mo­da­ti­on pri­ce (list pri­ce) for use of the room in excess of the con­trac­tu­al peri­od until 6:00 p.m. due to the delay­ed vaca­ting of the room, and 100% from 6:00 p.m. onwards. Con­trac­tu­al claims of the cus­to­mer shall not be jus­ti­fied by this. The cus­to­mer is free to pro­ve that the hotel has no or a signi­fi­cant­ly lower cla­im to a usa­ge fee.

The hotel shall be lia­ble for its obli­ga­ti­ons under the con­tract with the dili­gence of a pru­dent busi­ness­man. Claims for dama­ges by the cus­to­mer are excluded. Excluded from this are dama­ges resul­ting from inju­ry to life, body or health if the hotel is respon­si­ble for the breach of duty and other dama­ges based on an inten­tio­nal or gross­ly negli­gent breach of duty by the hotel. A breach of duty on the part of the hotel is equi­va­lent to that of a legal repre­sen­ta­ti­ve or vica­rious agent. Should dis­rup­ti­ons or defects in the hotel’s ser­vices occur, the hotel will endea­vor to reme­dy such upon know­ledge the­reof or upon the customer’s imme­dia­te com­plaint. The cus­to­mer is obli­ga­ted to make all reasonable efforts to reme­dy the dis­rup­ti­on and mini­mi­ze any pos­si­ble dama­ge.
Any exhi­bi­ti­on or other, even per­so­nal, items car­ri­ed along are loca­ted in the event rooms or in the Hotel at the Customer’s risk. The Hotel assu­mes no lia­bi­li­ty for loss, des­truc­tion or dama­ge, inclu­ding finan­cial los­ses, except in cases of gross negli­gence or intent on the part of the Hotel. This does not app­ly to dama­ges resul­ting from inju­ry to life, body or health.
The hotel shall be lia­ble to the cus­to­mer for items brought to the hotel in accordance with the sta­tu­to­ry pro­vi­si­ons, i.e. up to one hundred times the room rate, but not excee­ding € 3,500, and for money, secu­ri­ties and valu­ables up to € 800. Money, secu­ri­ties and valu­ables may be kept in the hotel safe or room safe up to a maxi­mum value of € 7,500. The hotel recom­mends making use of this opti­on.
Inso­far as the cus­to­mer is pro­vi­ded with a par­king space in the hotel gara­ge or a hotel par­king lot, even against pay­ment, this does not con­sti­tu­te a safe­kee­ping agree­ment. The hotel shall not be lia­ble for loss of or dama­ge to motor vehic­les park­ed or mano­eu­vred on the hotel pro­per­ty or their con­tents, except in cases of intent or gross negli­gence. This also appli­es to the hotel’s vica­rious agents. The abo­ve clau­se 1 sen­ten­ces 2 to 4 shall app­ly accor­din­gly.
Use of the com­mon faci­li­ties (sau­na, swim­ming pool, fit­ness room and other recrea­tio­nal faci­li­ties) and the gar­den is at the guest’s own risk. Par­ents shall be lia­ble for their child­ren, espe­ci­al­ly in this con­text.
Wake-up orders are car­ri­ed out by the Hotel with the grea­test care. Mes­sa­ges, mail and con­sign­ments of goods for guests are hand­led with care. The hotel will take care of the deli­very, sto­rage and – if desi­red – for­war­ding of the same for a fee. The abo­ve clau­se 1 sen­ten­ces 2 to 4 shall app­ly accor­din­gly.
The hotel assu­mes no lia­bi­li­ty for ser­vices offe­red by third par­ty ser­vice pro­vi­ders (e.g. packa­ge ser­vices such as har­bour tours, muse­um admis­si­on, etc.) during the hotel stay.

Names, images, infor­ma­ti­on, pri­ces, pro­tec­ted brands and trade­marks, the com­pa­ny or logos of the hotel or a third par­ty may only be used by a con­trac­tu­al part­ner if the part­ner has the writ­ten con­sent of the hotel or rights holder.

The guest is sole­ly respon­si­ble for the data trans­mit­ted via a WLAN con­nec­tion, the paid ser­vices used and legal tran­sac­tions car­ri­ed out. If the guest visits char­geable inter­net pages or enters into lia­bi­li­ties, the resul­ting cos­ts are to be bor­ne by the guest.
He is obli­ged to com­ply with the appli­ca­ble law when using the WLAN net­work. He will in particular:

use the WLAN net­work neither to retrie­ve nor to dis­tri­bu­te immo­ral or ille­gal con­tent;
not to repro­du­ce, dis­se­mi­na­te or make available any goods pro­tec­ted by copy­right;
obser­ve the appli­ca­ble regu­la­ti­ons for the pro­tec­tion of minors;
not send or dis­tri­bu­te any haras­sing, defa­ma­to­ry or threa­tening con­tents;
not to use the WLAN net­work to send mass mes­sa­ges (spam) and/or other forms of ille­gal adver­ti­sing;
note that it is express­ly pro­hi­bi­ted to visit file-sharing web­sites, in par­ti­cu­lar to start music and/or film down­loads via the hotel network/Internet access.
The Guest shall indem­ni­fy the Hotel against all dama­ges and claims of third par­ties that are based on the Guest’s ille­gal use of the WLAN net­work and/or on a breach of this Agree­ment; this shall also app­ly to cos­ts and expen­ses incur­red in con­nec­tion with the use of or defence against such use. If the Guest reco­gni­zes or must reco­gni­ze that such a vio­la­ti­on of law and/or such a vio­la­ti­on exists or threa­tens to exist, the Guest shall inform the Hotel of this fact.

Amend­ments or sup­ple­ments to the con­tract, the accep­tance of appli­ca­ti­ons or the­se terms and con­di­ti­ons for hotel accom­mo­da­ti­on should be made in wri­ting. Uni­la­te­ral amend­ments or addi­ti­ons by the cus­to­mer are inva­lid.
Place of per­for­mance and pay­ment is the regis­tered office of the respec­ti­ve hotel.
Exclu­si­ve place of juris­dic­tion – also for dis­pu­tes con­cer­ning che­ques and bills of exch­an­ge – is Augs­burg in com­mer­cial tran­sac­tions. Inso­far as a con­trac­tu­al part­ner ful­fills the requi­re­ments of § 38 para­graph 2 of the Ger­man Code of Civil Pro­ce­du­re (ZPO) and has no gene­ral place of juris­dic­tion in Ger­ma­ny, the place of juris­dic­tion shall be the regis­tered office of the hotel.
Ger­man law shall app­ly. The appli­ca­ti­on of the UN Con­ven­ti­on on Con­tracts for the Inter­na­tio­nal Sale of Goods and con­flict of laws is excluded.
Should indi­vi­du­al pro­vi­si­ons of the­se Gene­ral Terms and Con­di­ti­ons be or beco­me inva­lid or void, the vali­di­ty of the remai­ning pro­vi­si­ons shall not be affec­ted. The same appli­es in the event of an unin­ten­tio­nal loopho­le. In all other respects the sta­tu­to­ry pro­vi­si­ons shall apply.