I. SCOPE OF APPLICATION

1.  

   These terms and conditions shall apply to agreements on the provision of hotel rooms on a rental basis for accommodation purposes, as well as all additional goods and services provided to the customer by the hotel in this regard (hotel accommodation agreement). The term “hotel accommodation agreement” encompasses and replaces the following terms: accommodation agreement, lodging agreement, hotel agreement, hotel room agreement.  
2. Subletting or subleasing the provided rooms or using them for purposes other than accommodation requires the prior written approval of the hotel; Section 540(1)(2) of the German Civil Code (BGB) is waived if the customer is not a consumer.
3. The customer’s general terms and conditions shall apply only if this has been expressly agreed in writing in advance. 

    

1.  

   The agreement shall come into effect upon the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in writing.
2. The parties to the contract are the hotel and the customer. If a third party has made the booking on the customer’s behalf, such party shall be jointly and severally liable together with the customer to the hotel for all obligations arising from the hotel accommodation agreement if the hotel is in possession of a corresponding declaration by the third party.
3. All claims against the hotel shall in principle lapse within one year from the start of the statutory limitation period. Claims for damages shall lapse within five years regardless of knowledge. The shortened limitation periods shall not apply to claims based on a wilful or grossly negligent breach of duty on the part of the hotel.

1.  

   A withdrawal on the part of the customer from the agreement concluded with the hotel requires the hotel’s written approval. If this is not given, the agreed price stipulated in the agreement must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the hotel’s obligation to take into account the customer’s rights, legal protections and interests if these mean that the customer is no longer expected to adhere to the contract, or if the customer is entitled to any other statutory or contractual right of withdrawal.
2. If a deadline has been agreed between the hotel and the customer for withdrawal from the agreement free of charge, the customer may withdraw from the contract until that time without leading to any claims to payment or compensation on the part of the hotel. The customer’s right of withdrawal shall lapse if the customer does not exercise the right by the agreed deadline in writing to the hotel, except in the event of a withdrawal by the customer pursuant to Section IV item 1 sentence
3. For rooms that have not been used by the customer, the hotel must deduct any revenue obtained from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented to any other parties, the hotel may demand the contractually agreed payment and charge the deduction for expenses saved as a lump sum. In such an event, the customer is obliged to pay at least 90% of the contractually agreed price for stays with or without breakfast, 70% for half-board arrangements and 60% for full-board arrangements. The customer is free to provide proof that the aforementioned claim has not arisen or has not arisen in the amount demanded.

1.  

   If it has been agreed in writing that the customer may withdraw from the agreement free of charge within a particular period, the hotel shall also be entitled to withdraw from the agreement within this period if there are enquiries from other customers regarding the contractually booked rooms and the customer does not waive the right of withdrawal.
2. If an advance payment or security deposit, whether agreed or demanded pursuant to Section III items 5 and/or 6 above, is not paid even after the expiry of a reasonable extended deadline set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel shall be entitled to an extraordinary withdrawal from the contract on objectively justified grounds, for example if: - it becomes impossible for the hotel to fulfil the agreement due to force majeure or other circumstances beyond the hotel’s control; - rooms are booked by providing misleading or false information with regard to material facts, e.g. the person of the customer or the purpose of the customer’s stay; - the hotel has reasonable grounds to believe that the use of the hotel service could jeopardise the smooth business operation, safety or public reputation of the hotel and this is not attributable to the hotel’s domain or organisational field; - there has been a breach of Section I item 2 above.
4. In the event of a justified withdrawal by the hotel, the customer shall not be entitled to compensation.

    

1.  

   Any changes or additions to the agreement, the acceptance of the application or these general terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions made by the customer shall be invalid.
2. The place of performance and payment shall be the location of the hotel.
3. The sole place of jurisdiction for commercial transactions – including disputes relating to cheques and bills of exchange – shall be the corporate headquarters of the hotel. If a party to the contract fulfils the requirement of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the corporate headquarters of the hotel shall be deemed to be the place of jurisdiction.
4. German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods and conflict of laws provisions is ruled out.
5. If individual provisions of these general terms and conditions for the hotel accommodation agreement are or become ineffective or void, this shall have no impact on the effectiveness of the remaining provisions. Additionally, the statutory provisions shall apply.

© Hotelverband Deutschland (IHA) e.V.
Version dated: Juni 2010