General Terms and Conditions for the Hotel Accommodation Contract
1 SCOPE OF APPLICABILITY
1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms or apartments for accommodation and all other services and supplies provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
1.3 General terms and conditions of the customer shall only apply if this has been agreed in writing in advance.
2 CONCLUSION OF CONTRACT, PARTNERS, EXPIRATION
2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel. In the case of bookings via the hotel's own homepage, the contract is concluded by clicking on the button “PAYABLE BOOKING”. The hotel is at liberty to confirm the room booking in text form.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, INVOICING
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 agreed or applicable prices of the hotel for the room rental and the other services used by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel. This also applies to deliveries and services utilised by guests, visitors, etc. of the partners to this contract.
3.3 The agreed prices include the taxes and local duties applicable at the time the contract is concluded. They do not include local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax.
In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly
. In the case of contracts with consumers, this only applies if the period between conclusion and fulfilment of the contract exceeds four months.
3.4 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 the price for the rooms and/or for the hotel's other services being increased. The hotel's consent is only valid in writing.
3.5 Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. The statutory provisions shall apply if the customer is in default of payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 10% per annum. The hotel is entitled to assign overdue payments to a debt collection agency; the costs incurred for this are to be borne by the customer. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract, 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. In the case of advance payments or security deposits for package holidays, the statutory provisions remain unaffected. If the customer is in default of payment, the statutory provisions shall apply.
3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 3.6 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause 3.6 and/or clause 3.7.
3.9 The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION)/
NO SHOW OF THE HOTEL'S SERVICES
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, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to cancellation of the contract must be made in text form.
4.2 If a date for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, if there is no statutory right of withdrawal or cancellation and if the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-utilisation of the service. The hotel must offset the income from renting the rooms to other parties and the expenses saved.
If the rooms are not rented to other parties, the hotel may make a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 80% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
5 WITHDRAWAL BY THE HOTEL
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract
5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible;
- rooms or rooms are culpably booked with misleading or false information or concealment of material facts; The identity of the customer, the ability to pay or the purpose of the stay may be material;
- the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organisation. organisational area of the hotel;
- the purpose or occasion of the stay is unlawful;
- there is a breach of the above-mentioned Section 1.2.
5.4 The justified cancellation of the hotel does not constitute a claim for damages on the part of the customer.
6 ROOM PROVISION, DELIVERY AND RETURN
6.1 The customer is not entitled to the provision of specific rooms, unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the delayed vacating of the room until 6.00 p.m., and 90% for use beyond 6.00 p.m.. This shall not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.
7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care. In the event of non-execution or poor execution, however, claims for damages are excluded, unless the hotel has acted with gross negligence or intent.
7.5 Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. However, in the event of non-delivery or poor delivery, claims for damages are excluded, unless the hotel has acted with gross negligence or intent.
8 DATA PROTECTION
8.1 The hotel collects, processes and uses personal data of the customer exclusively for the execution and processing of the contractually agreed services and in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).
8.2 Further information on data processing can be found in the hotel's privacy policy, which can be viewed on the hotel's website or provided in text form upon request.
9 CUSTOMER LIABILITY / CONDUCT AT THE HOTEL
9.1 The customer is liable to the hotel for all damage culpably caused by himself, his guests, accompanying persons or third parties authorised by him.
9.2 The customer undertakes to comply with the hotel's house rules. In the event of gross violations, disruptions to hotel operations or unacceptable behaviour towards other guests or employees, the hotel is entitled to exercise its domiciliary rights and expel the guest in question from the hotel.
9.3 Smoking is prohibited in the hotel rooms and in all areas not designated for this purpose. In the event of an offence, the hotel is entitled to charge a special cleaning fee of EUR 250.00. Further claims for damages remain unaffected by this.
10 USE OF INTERNET ACCESS / WLAN
10.1 Insofar as the hotel provides the customer with access to the Internet via WLAN, this is a voluntary service and can be restricted or discontinued at any time.
10.2 The customer undertakes not to misuse the Internet access and in particular not to retrieve, store or disseminate any illegal content. In particular, the customer is prohibited from infringing the copyrights of third parties via the WLAN (e.g. through illegal downloads).
10.3 The customer shall indemnify the hotel against all damages and claims of third parties arising from unlawful use of the Internet access by him or by third parties to whom he has provided access.
11 SPECIAL PROVISIONS FOR GROUP BOOKINGS AND EVENTS
11.1 Separate cancellation and payment conditions apply to group bookings of 10 persons or more and to events, which are agreed in text form in the respective contract.
11.2 The customer is liable for the behaviour of all participants in the group booking or event as for his own behaviour.
11.3 The customer is responsible for obtaining all permits required by the authorities in connection with the organisation of an event and indemnifies the hotel against all third-party claims in connection with the event.
12 NOTIFICATION OF DEFECTS / OBLIGATION TO COOPERATE
12.1 The customer is obliged to notify the hotel immediately of any recognisable defects or complaints so that the hotel can take remedial action.
12.2 If the customer culpably fails to report a defect, a claim for a reduction of the agreed remuneration is excluded.
12.3 The customer is obliged to do what is reasonable to enable the fault to be rectified and to minimise any possible damage.
13 FINAL PROVISIONS
13.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer are invalid.
13.2 The place of fulfilment and payment as well as the exclusive place of jurisdiction - also for cheque and bill of exchange disputes - is Friedrichshafen in commercial transactions. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Friedrichshafen.
13.3 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.
13.4 Should individual provisions of these General Terms and Conditions 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.
13.5 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): ec.europa.eu/consumers/odr/ However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
As of June 2025