1. Scope

1.1 These terms and conditions apply to contracts for the letting of hotel rooms for accommodation purposes and to all further services and supplies provided by the hotel to the customer in this connection (hotel accommodation contract). They do not apply to package travel within the meaning of section 651a of the German Civil Code (BGB). The term “hotel accommodation contract” encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract and hotel room contract.

1.2 Subletting or re-letting the rooms provided, and using them for purposes other than accommodation, require the hotel's prior consent in text form; the right of termination pursuant to section 540 paragraph 1 sentence 2 BGB is excluded.

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

2. Conclusion of the contract and contracting parties

2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer's offer.

3. Services, prices, payment and 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 hotel's agreed or applicable prices for the provision of the rooms and for any further services used by the customer. This also applies to services commissioned by the customer directly or through the hotel, provided by third parties and paid for in advance by the hotel.

3.3 The agreed prices include the taxes and local levies applicable at the time the contract is concluded. They do not include local levies which the guest is personally liable to pay under the relevant municipal law, such as a tourist tax. If the statutory rate of value added tax changes, or local levies on the services covered by the contract are introduced, changed or abolished after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between conclusion and performance of the contract exceeds four months.

3.4 If payment against invoice has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.

3.5 When the contract is concluded, the hotel is entitled to require a reasonable advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. If the customer is in default of payment, the statutory provisions apply.

3.6 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 the contract has been concluded and up to the start of the stay, to require an advance payment or security within the meaning of clause 3.5 above, or an increase in the advance payment or security agreed in the contract, up to the full agreed remuneration.

3.7 The hotel is also entitled, at the start of and during the stay, to require a reasonable advance payment or security within the meaning of clause 3.5 above for existing and future claims under the contract, insofar as such payment or security has not already been provided pursuant to clause 3.5 and/or clause 3.6 above.

3.8 The customer may only set off or offset a claim against a claim of the hotel if the customer's claim is undisputed or has been established by a final and binding judgment.

3.9 The customer agrees that the invoice may be sent electronically.

4. Rescission/termination (“cancellation”) by the customer / Non-use of the hotel's services (“No Show”)

4.1 The customer may unilaterally release themselves from the contract concluded with the hotel only if a right of rescission has been expressly agreed in the contract or a statutory right of rescission or termination exists.

4.2 If the hotel and the customer have agreed a deadline for rescinding the contract free of charge, the customer may rescind the contract up to that deadline without giving rise to any claims by the hotel for payment or damages. The customer's right of rescission expires if the customer does not exercise it towards the hotel in text form by the agreed deadline.

4.3 If a right of rescission has not been agreed or has already expired, and there is also no statutory right of rescission or termination, the hotel retains its claim to the agreed remuneration despite the services not being used. The hotel must credit any income from letting the rooms to others and any expenses saved. If the rooms are not let to others, the hotel may apply a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements including third-party services, 70% for half-board arrangements and 60% for full-board arrangements. The customer is entitled to provide evidence that the above claim did not arise or did not arise in the amount claimed.

5. Rescission by the hotel

5.1 If it has been agreed that the customer may rescind the contract free of charge within a certain period, the hotel is likewise entitled to rescind the contract during that period if it receives enquiries from other customers for the rooms booked under the contract and, when asked by the hotel and given a reasonable deadline, the customer does not waive their right of rescission. This applies correspondingly where an option has been granted, if other enquiries have been received and, when asked by the hotel and given a reasonable deadline, the customer is not prepared to make a firm booking.

5.2 If an advance payment or security agreed or required pursuant to clause 3.5 and/or clause 3.6 is not provided even after a reasonable additional period set by the hotel has expired, the hotel is also entitled to rescind the contract.

5.3 The hotel is further entitled to extraordinary rescission of the contract for objectively justified reasons, in particular if

• force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
• rooms or premises are culpably booked on the basis of misleading or false information or the concealment of material facts; material facts may include the customer's identity, ability to pay or purpose of the stay;
• the hotel has reasonable grounds to believe that use of the services may jeopardise the hotel's smooth business operations, safety or public reputation, without this being attributable to the hotel's sphere of control or organisation;
• the purpose or reason for the stay is unlawful;
• there is a breach of clause 1.2 above.

5.4 A justified rescission by the hotel does not give rise to any claim by the customer for damages.

6. Availability, handover and return of rooms

6.1 The customer has no entitlement to the provision of specific rooms unless this has been expressly agreed in text form.

6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no entitlement to earlier availability.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 12:00. After that time, the hotel may charge 50% of the full accommodation rate (the rate stated in the price list) for use of the room beyond the contractual period due to its being vacated late, up to 18:00, and 90% from 18:00. This does not give rise to any contractual claims on the part of the customer. The customer is entitled to provide evidence that the hotel has no claim to a charge for such use, or that its claim is substantially lower.

7. Liability of the hotel

7.1 The hotel is liable for damage arising from loss of life, bodily injury or damage to health for which it is responsible. It is also liable for other damage arising from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of obligations typical of the contract by the hotel. Obligations typical of the contract are obligations which are essential to the proper performance of the contract and on the fulfilment of which the customer relies and is entitled to rely. A breach of duty by a statutory representative or a person used by the hotel to perform its obligations is equivalent to a breach of duty by the hotel. Further claims for damages are excluded unless otherwise provided in this clause 7. If disruptions or deficiencies in the hotel's services arise, the hotel will endeavour to remedy them upon becoming aware of them or following a complaint made by the customer without undue delay. The customer is obliged to make any contribution that can reasonably be expected of them 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 using the hotel safe or the room safe. If the customer wishes to bring in money, securities and valuables worth more than 800 euros, or other items worth more than 3,500 euros, a separate safekeeping agreement with the hotel is required.

7.3 If a parking space in the hotel's garage or car park is made available to the customer, including for a charge, this does not constitute a safekeeping contract. In the event of the loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel is liable only in accordance with clause 7.1 above, sentences 1 to 4.

7.4 Requests for wake-up calls are carried out by the hotel with the utmost care. Messages for customers are handled with care. By prior arrangement with the customer, the hotel may undertake the receipt and safekeeping of mail and consignments of goods and, on request, their forwarding for a charge. In this connection, the hotel is liable only in accordance with clause 7.1 above, sentences 1 to 4.

8. Final provisions

8.1 Amendments and additions to the contract, the acceptance of the offer or these general terms and conditions should be made in text form. Unilateral amendments or additions are ineffective.

8.2 If the customer is a merchant or a legal entity under public law, the courts at the hotel's registered office have exclusive jurisdiction. The hotel may, however, alternatively bring proceedings against the customer at the customer's registered office. The same applies in each case to customers who do not fall under sentence 1 if their registered office or domicile is not in an EU Member State.

8.3 German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

8.4 The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer conciliation body.

1. Scope

1.1 These terms and conditions apply to contracts for the letting of the hotel's conference, banqueting and event rooms for events such as banquets, seminars, conferences, exhibitions and presentations, etc., and to all further services and supplies provided by the hotel to the customer in this connection.

1.2 Subletting or re-letting the rooms, areas or display cases provided, and issuing invitations to job interviews, sales events or similar events, require the hotel's prior consent in text form; the right of termination pursuant to section 540 paragraph 1 sentence 2 BGB is excluded.

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

2. Conclusion of the contract, contracting parties and liability

2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer's offer. The hotel may confirm the event booking in text form.

2.2 The hotel is liable for damage arising from loss of life, bodily injury or damage to health for which it is responsible. It is also liable for other damage arising from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of obligations typical of the contract by the hotel. Obligations typical of the contract are obligations which are essential to the proper performance of the contract and on the fulfilment of which the customer relies and is entitled to rely. A breach of duty by a statutory representative or a person used by the hotel to perform its obligations is equivalent to a breach of duty by the hotel. Further claims for damages are excluded unless otherwise provided in clause 9. If disruptions or deficiencies in the hotel's services arise, the hotel will endeavour to remedy them upon becoming aware of them or following a complaint made by the customer without undue delay. The customer is obliged to make any contribution that can reasonably be expected of them to remedy the disruption and minimise any possible damage. The customer is also obliged to inform the hotel in good time of the possibility of exceptionally high damage arising.

3. Services, prices, payment and set-off

3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

3.2 The customer is obliged to pay the hotel's agreed or applicable prices for these services and any further services used. This also applies to services commissioned by the customer directly or through the hotel, provided by third parties and paid for in advance by the hotel. In particular, this also applies to claims by copyright collecting societies.

3.3 If a minimum revenue has been agreed and is not achieved, the hotel may claim 60% of the difference as lost profit, unless the customer proves a lower loss or the hotel proves a higher loss.

3.4 The agreed prices include the taxes applicable at the time the contract is concluded. If the statutory rate of value added tax changes, or local levies on the services covered by the contract are introduced, changed or abolished after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between conclusion and performance of the contract exceeds four months.

3.5 If payment against invoice has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.

3.6 When the contract is concluded, the hotel is entitled to require a reasonable advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. If the customer is in default of payment, the statutory provisions 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 the contract has been concluded and up to the start of the event, to require an advance payment or security within the meaning of clause 3.6 above, or an increase in the advance payment or security agreed in the contract, up to the full agreed remuneration.

3.8 The customer may only set off or offset a claim against a claim of the hotel if the customer's claim is undisputed or has been established by a final and binding judgment.

3.9 The customer agrees that the invoice may be sent electronically.

4. Rescission by the customer (cancellation of the booking)

4.1 The customer may unilaterally release themselves free of charge from the contract concluded with the hotel only if a right of rescission free of charge has been expressly agreed in the contract or a statutory right to end the contract free of charge exists.

4.2 If the hotel and the customer have agreed a deadline for rescinding the contract free of charge, the customer may rescind the contract up to that deadline without giving rise to any claims by the hotel for payment or damages. The customer's right of rescission expires if the customer does not exercise it towards the hotel in text form by the agreed deadline.

4.3 If a right of rescission has not been agreed or has already expired, and there is also no statutory right of rescission or termination, the hotel retains its claim to the agreed remuneration despite the services not being used. The hotel must credit any income from letting the premises to others and any expenses saved. A flat rate may be applied to the respective expenses saved: 10% for separately stated room hire charges and, otherwise, in accordance with clauses 4.4, 4.5 and 4.6. The customer is entitled to provide evidence that the claim did not arise or did not arise in the amount claimed. The hotel is entitled to provide evidence that a higher claim arose.

4.4 If the customer rescinds the contract within 60 days before the event date, the hotel is entitled to charge 35% of the lost food and beverage revenue in addition to the agreed room hire charge (less any income or expenses saved pursuant to clause 4.3 sentence 2), 60% of the food and beverage revenue within 30 days before the event date, and 85% within 10 days before the event date. For events lasting several days, the first day of the event is decisive for calculating the period. The customer is entitled to provide evidence that the claim did not arise or did not arise in the amount claimed. The hotel is entitled to provide evidence that a higher claim arose.

4.5 The food and beverage revenue is calculated using the following formula: (Agreed menu price + drinks) x number of participants. If no menu price has yet been agreed, the least expensive 3-course menu in the event offerings valid at the relevant time will be used as the basis. Drinks are calculated at one third of the menu price.

4.6 If a conference package rate per participant has been agreed, the hotel is entitled to charge 60% of the conference package rate x the agreed number of participants if the contract is rescinded within 60 days before the event date, 75% if it is rescinded within 30 days before the event date, and 85% within 10 days before the event date. For events lasting several days, the first day of the event is decisive for calculating the period. The customer is entitled to provide evidence that the claim did not arise or did not arise in the amount claimed. The hotel is entitled to provide evidence that a higher claim arose.

5. Rescission by the hotel

5.1 If it has been agreed that the customer may rescind the contract free of charge within a certain period, the hotel is likewise entitled to rescind the contract during that period if it receives enquiries from other customers for the event rooms booked under the contract and, when asked by the hotel and given a reasonable deadline, the customer does not waive their right of rescission. This applies correspondingly where an option has been granted, if other enquiries have been received and, when asked by the hotel and given a reasonable deadline, the customer is not prepared to make a firm booking.

5.2 If an advance payment or security agreed or required pursuant to clause 3.6 and/or clause 3.7 is not provided even after a reasonable additional period set by the hotel has expired, the hotel is also entitled to rescind the contract.

5.3 The hotel is further entitled to extraordinary rescission of the contract for objectively justified reasons, in particular if

• force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
• events or rooms are culpably booked on the basis of misleading or false information or the concealment of material facts; material facts may include the customer's identity, ability to pay or purpose of the stay;
• the hotel has reasonable grounds to believe that the event may jeopardise the hotel's smooth business operations, safety or public reputation, without this being attributable to the hotel's sphere of control or organisation;
• the purpose or reason for the event is unlawful;
• there is a breach of clause 1.2.

5.4 A justified rescission by the hotel does not give rise to any claim by the customer for damages. If, following rescission under clause 5.2 or 5.3 above, the hotel has a claim for damages against the customer, the hotel may calculate that claim on a flat-rate basis. Clauses 4.3 to 4.6 apply correspondingly in this case.

6. Changes to the number of participants and event times

6.1 An increase in the number of participants of more than 5% must be notified to the hotel no later than five working days (Werktage) before the event starts; it requires the hotel's consent, which should be given in text form. Billing will be based on the actual number of participants, but on no less than 95% of the higher number of participants agreed. If the actual number of participants is lower, the customer is entitled to reduce the agreed price by the additional expenses saved as a result of the lower number of participants, which the customer must prove.

6.2 A reduction in the number of participants of more than 5% should be notified to the hotel in good time, no later than five working days before the event starts. Billing will be based on the actual number of participants, but on no less than 95% of the number of participants ultimately agreed. Clause 6.1 sentence 3 applies correspondingly.

6.3 If the number of participants is reduced by more than 10%, the hotel is entitled to change the confirmed rooms, taking into account any difference in the room hire charge, unless this would be unreasonable for the customer.

6.4 If the agreed start or finish times of the event change and the hotel agrees to these changes, the hotel may make a reasonable charge for the additional availability of its services, unless the hotel is at fault.

7. Bringing food and drinks

7.1 As a rule, the customer may not bring food or drinks to events. Exceptions require an agreement with the hotel in text form. In these cases, a reasonable contribution towards overheads will be charged.

8. Technical equipment, connections and other facilities

8.1 If, at the customer's request, the hotel obtains technical equipment, connections and/or other facilities from third parties for the customer, it acts in the customer's name, with the customer's authority and for the customer's account. The customer is liable for their careful handling and proper return. The customer indemnifies the hotel against all third-party claims arising from their provision.

8.2 The customer's use of their own electrical equipment connected to the hotel's electricity supply requires the hotel's consent. Any disruption or damage to the hotel's technical equipment resulting from the use of these devices is the customer's responsibility, insofar as the hotel is not responsible for it. The hotel may calculate and charge the electricity costs arising from their use on a flat-rate basis.

8.3 With the hotel's consent, the customer is entitled to use their own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.

8.4 The customer must obtain any official permits required for the event in good time and at their own expense. The customer is responsible for complying with public-law conditions and other regulations.

8.5 The customer is responsible for completing the required formalities and settling accounts with the relevant institutions (e.g. GEMA) for activities subject to copyright law (e.g. musical performances, film screenings and streaming services).

8.6 Disruptions affecting technical or other facilities provided by the hotel will be remedied without delay wherever possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

9. Loss of or damage to items brought in

9.1 Exhibition items or other items brought in, including personal belongings, are kept in the event rooms or the hotel at the customer's risk. The hotel accepts no liability for loss, destruction or damage, including financial loss, except in the event of gross negligence or intent on the part of the hotel. This exclusion of liability does not apply to damage arising from loss of life, bodily injury or damage to health. Furthermore, it does not apply to any case in which safekeeping constitutes an obligation typical of the contract owing to the circumstances of the individual case.

9.2 Decorations and other items brought in by the customer, and their use, must comply with fire safety requirements and official regulations. The hotel is entitled to require official evidence of this. If such evidence is not provided, the hotel is entitled to remove materials already brought in at the customer's expense. To avoid possible damage, the positioning and attachment of items must be agreed with the hotel in advance.

9.3 Exhibition items or other items brought in must be removed without undue delay after the event ends. If the customer fails to do so, the hotel may arrange their removal and storage at the customer's expense. If the items remain in the event room, the hotel may charge reasonable compensation for use for the period during which the room is withheld.

10. Customer's liability for damage

10.1 If the customer is a trader, the customer is liable for all damage to the building or its contents caused by event participants or visitors, employees, other third parties within the customer's sphere or the customer themselves.

10.2 The hotel may require the customer to provide reasonable security, for example in the form of a credit card guarantee.

11. Final provisions

11.1 Amendments and additions to the contract, the acceptance of the offer or these general terms and conditions should be made in text form. Unilateral amendments or additions are ineffective.

11.2 If the customer is a merchant or a legal entity under public law, the courts at the hotel's registered office have exclusive jurisdiction. The hotel may, however, alternatively bring proceedings against the customer at the customer's registered office. The same applies in each case to customers who do not fall under sentence 1 if their registered office or domicile is not in an EU Member State.

11.3 German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

11.4 The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer conciliation body.