1 SCOPE OF APPLICATION 

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries 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, and 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 written consent of the hotel, whereby § 540 (1) sentence 2 BGB is waived if the customer is not a consumer. 

1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance. 

2 CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS 

2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room reservation in writing.

2.2 All claims against the hotel shall generally become time-barred one year after the start of the statutory limitation period. This shall not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel. 

3 SERVICES, PRICES, PAYMENT, SET-OFF 

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 hotel prices for the provision of rooms and any other services used by him. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. 

3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Local taxes that are owed by the guest themselves under the respective local law, such as visitor's tax, are not included. If the statutory value added tax changes or if local taxes on the subject matter of the contract are newly introduced, changed or abolished after the conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion of the contract and the performance 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 an increase in the price for the rooms and/or other services provided by the hotel. 

3.5 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages. 

3.6 The hotel is entitled to demand a reasonable 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 can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.

3.7 In justified cases, for example, if the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and 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 The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay in accordance with clause 3.6 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with clause 3.6 and/or clause 3.7 above. 

3.9 The customer may only offset or set off a claim against a claim by the hotel if the claim is undisputed or legally binding. 

4 WITHDRAWAL BY THE CUSTOMER, NON-UTILISATION OF THE HOTEL'S SERVICES (NO SHOW) 

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, if there is another statutory right of withdrawal, or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract must be made in writing. 

4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until that date without triggering any payment or 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, and there is no statutory right of withdrawal or termination, and the hotel does not agree to cancel the contract, the hotel retains the right to the agreed remuneration despite the service not being used. The hotel shall 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 charge a flat rate for the deduction for expenses saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and for package deals with external services, 70% for half-board and 60% for full-board arrangements. The customer is free 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 may 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 requested in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be 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 beyond the hotel's control make it impossible to fulfil the contract; – rooms or spaces are booked culpably under misleading or false information or by concealing essential facts; The identity of the customer, their solvency or the purpose of their stay may be essential in this regard; – the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the safety or the public reputation of the hotel. General Terms and Conditions for Hotel Accommodation Contracts © Hotelverband Deutschland (IHA) e.V. Page 7 Status: November 2014 without this being attributable to the hotel's sphere of control or organisation; – the purpose or occasion of the stay is unlawful; – there is a violation of the above clause 1.2. 

5.4 The hotel's justified withdrawal shall not entitle the customer to claim damages. 

6 ROOM PROVISION, HANDOVER AND RETURN 

6.1 Der Kunde erwirbt keinen Anspruch auf die Bereitstellung bestimmter Zimmer, soweit dieses nicht ausdrücklich vereinbart wurde.

6.2 Booked rooms shall be available to the customer from 3 p.m. on the agreed day of arrival. The customer shall not be entitled to earlier provision. 

6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for use of the room beyond the contractual period until 6:00 p.m., and 90% after 6:00 p.m. This does not justify any contractual claims on the part of the customer. The customer is free to prove that the hotel has incurred no or a significantly lower claim to a usage fee. 

7 LIABILITY OF THE HOTEL 

7.1 The hotel is liable for damages resulting from injury to life, limb or health for which it is responsible. Furthermore, it is liable for other damages resulting from intentional or grossly negligent breach of duty by the hotel or from intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should disruptions or defects occur in the hotel's services, the hotel shall endeavour to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable 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 on 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 premises and their contents, the hotel shall only be liable in accordance with the provisions of clause 7.1, sentences 1 to 4 above. 

7.4 Wake-up calls will be carried out by the hotel with the utmost care. Messages, mail and goods deliveries for guests will be handled with care. The hotel will deliver, store and, upon request, forward such items for a fee. The hotel shall only be liable in this regard in accordance with the provisions of clause 7.1, sentences 1 to 4 above. 

8 FINAL PROVISIONS 

8.1 Amendments and additions to the contract, the acceptance of applications or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid. 

8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – in commercial transactions is the Charlottenburg Local Court. If a contractual partner fulfils the requirements of Section 38 (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 Charlottenburg Local Court.

8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded. 

8.4 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.

General Terms and Conditions for Hotel Accommodation Contracts © Hotelverband Deutschland (IHA) e.V.