The hotel accommodation contract is a so-called mixed-type contract according to the German Civil Code (BGB), with the exception of liability for introduced items. It contains elements of service law, labour law and contract law. At its core, the hotel accommodation contract is a rental agreement. Hotel accommodation contracts, like all other contracts under civil law, must be observed by both parties to the contract.
Berlin/Bonn, April 2012 General Terms and Conditions for Hotel Accommodation Contracts © Hotelverband Deutschland (IHA) e.V. Page 4 As of: April 2012
1.1 These terms and conditions apply to contracts for renting hotel rooms for accommodation as well as all other services and deliveries provided by the hotel to the customer in this connection (Hotel Accommodation Contract). The term "Hotel Accommodation Contract" includes and replaces the following terms: accommodation, guest accommodation, hotel contract, hotel room contract.
2.1 The contractual partners are the hotel and the customer. The contract comes into effect upon acceptance of the customer's request by the hotel. The hotel is at liberty to confirm the room reservation in writing.
2.2 All claims against the hotel shall become statute-barred one year after the statutory commencement of the limitation period. Claims for damages are subject to a limitation period of five years, depending on knowledge, insofar as they do not relate to injury to life, body, health or freedom. These claims for damages shall expire within ten years irrespective of knowledge. The reduction of the limitation period does not apply to claims based on intentional or grossly negligent breach of duty by the hotel.
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the hotel's agreed or applicable prices for the provision of rooms and other services used by him.
3.3 The agreed prices include taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes, which are owed by the guest according to the respective municipal law, such as visitor's tax.
4.1 The customer may only rescind the contract concluded with the hotel, if a right of rescission has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right to rescind as well as the possible consent to a cancellation of the contract must be made in writing in each case.
4.3 If a right of rescission has not been agreed or has already expired, there is no statutory right of rescission or termination and if the hotel does not agree to the cancellation of the contract, the hotel shall retain the right to the agreed remuneration despite a non-use of the service. The hotel has to credit the income from other room rentals as well as the saved expenses. If the rooms are not rented elsewhere, the hotel may charge a flat-rate deduction for the expenses saved. In this case, the customer is obliged to pay 80% of the contractually agreed price for overnight accommodation including breakfast. The customer may prove that the aforementioned claim did not materialise or did not materialise to the demanded amount.
6.1 The customer has no claim to the provision of specific rooms, unless this has been expressly agreed.
6.2 Booked rooms are available to the customer as of 2 p.m. on the agreed arrival day. The customer has no claim to an earlier provision.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:30 a.m. at the latest.
7.1 The hotel is liable for damage resulting from injury to life, limb or health for which it is responsible. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contract-typical obligations by the hotel.
7.2 The hotel is liable to the customer in accordance with the statutory provisions for introduced items. The hotel recommends the use of the hotel safe or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euro or other items with a value of more than 3,500 euro, a separate storage agreement with the hotel is required.
8.1 Amendments and supplements to the contract shall be made in writing. Unilateral changes or additions by the customer have no effect.
8.2 Place of performance and payment as well as exclusive place of jurisdiction - also for cheque and bill disputes - shall be Norden (Ostfriesland).
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
8.4 If individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.
We exclude any arbitration proceedings.