The guest accommodation contract is conclusively concluded when the accommodation is ordered and confirmed, or provided at short notice.
The booking can be made orally, in writing, by phone, fax, or email. For the benefit of the parties, written form should be chosen.
The booking is made by the booking guest also for all persons listed in the booking, for whose contractual obligations the booking guest is responsible as for their own obligations, unless a separate obligation has been expressly and separately assumed.
The services owed by the accommodation provider are exclusively determined by the booking offer in conjunction with the information in the hotel's own publications.
The prices listed in the hotel's own publications are final prices and include all additional costs unless otherwise agreed.
The agreed price, including all additional costs, is due no later than on the day of departure, unless otherwise contractually agreed. If payments are not made on time, the accommodation provider is entitled to withdraw from the contract after unsuccessful reminders and charge the guest cancellation fees in accordance with § 5 No. 3.
The conclusion of the guest accommodation contract obligates both parties to fulfill the contract, regardless of its duration. A unilateral, free cancellation by the guest from a binding booking is generally excluded.
If the guest cancels, they are obliged to pay the agreed or customary price, including the meal portion, regardless of the time and reason for cancellation. However, the accommodation provider must deduct savings from the claim for fulfillment, which they must make reasonable efforts to secure. The value of saved expenses is generally accepted as 20% for overnight stays with breakfast, 30% for overnight stays with half board, and 40% for overnight stays with full board.
The accommodation provider can scale this compensation claim in the following amounts unless otherwise agreed (each as a % of the agreed accommodation price):
The accommodation provider must make reasonable efforts to rent out the unused accommodation elsewhere and must credit the savings against the cancellation fee.
The guest may provide proof that no damage or significantly less damage has occurred to the accommodation provider.
The cancellation declaration must be addressed to the accommodation provider and should be made in writing in the guest's interest.
The conclusion of travel cancellation insurance is recommended.
There is no right to ordinary termination.
Both parties may terminate the contractual relationship immediately and extraordinarily for a good reason in accordance with § 543 BGB or under the conditions of § 569 BGB.
A good reason exists for the accommodation provider in particular if the guest uses the accommodation in violation of the contract (significant breach of contract) or disregards the house rules. In the event of a significant breach of contract, the accommodation provider must set a short deadline for the guest to remedy the situation or issue a warning unless such a remedy is not promising or there are exceptional reasons justifying waiver. In this case, the accommodation provider may claim compensation for expenses incurred up to termination and lost profits (cf. § 4 para. 2 or 3).
The accommodation provider also has a right to withdraw or extraordinary termination if the guest fails to make the agreed payments (deposit, final payment, and security deposit) on time despite prior reminders. In this case, the accommodation provider may claim compensation for expenses incurred up to termination and lost profits (cf. § 4 para. 2 or 3).
Otherwise, the statutory regulations on the right to extraordinary, immediate termination apply.
The accommodation provider is liable for the proper provision of the agreed service.
If the rented accommodation has a defect that goes beyond a mere inconvenience, the guest must immediately notify the accommodation provider or its representative to allow for the rectification of the defect. If the guest fails to make this notification, they have no claims for non-fulfillment of the contractually agreed services.
The contractual liability of the accommodation provider for damages that are not bodily injuries is limited to three times the agreed price of the service, unless the damage is caused by gross negligence or intentional breach of duty or by intentional or negligent violation of contractual obligations by the accommodation provider. The same applies if the guest's damage is caused by the fault of a legal representative or a vicarious agent of the accommodation provider.
The accommodation provider is not liable for performance disruptions related to services that are merely intermediated as third-party services and expressly labeled as such.
The guest undertakes to treat the accommodation and its inventory with due care. The guest is liable for damages caused to furnishings, accommodation rooms, or the building, as well as the property or facilities related to the accommodation or building, if caused by the guest or their companions or visitors.
Damage occurring in the accommodation must be immediately reported to the accommodation provider, unless the guest is personally responsible for rectifying it. The guest is liable for consequential damages caused by delayed notification.
The limitation period for mutual claims between the guest and the accommodation provider follows the relevant provisions of the BGB.
German law applies.
The court of jurisdiction for lawsuits filed by the guest against the accommodation provider is exclusively the location of the accommodation provider.
For lawsuits filed by the accommodation provider against merchants, legal entities of public or private law, or persons who do not have a general court of jurisdiction in Germany or have moved their residence or habitual residence abroad after the contract was concluded or whose residence or habitual residence is unknown at the time of filing the lawsuit, the location of the accommodation provider's headquarters is agreed as the exclusive court of jurisdiction. Contractual contents may vary. Please refer to your booking confirmation.