General terms and conditions for hotel contract
I. Area of validity
- The terms and conditions are valid for hotel accommodation contracts as well as for all hotel services and benefits provided for guests by the hotel.
- Deviating terms, in as much as they are contained in the guest's or purchaser's terms and conditions are not permitted unless the hotel has given express written authorisation.
II. Conclusion of the contract
- The contract is entered into by the acceptance of the guest's order by the hotel. The hotel must confirm the room reservation in writing.
- Contract partners are the hotel and the guest. If a third person has ordered for the guest, he is jointly liable for all duties from the hotel accommodation contract, in as far as the hotel has a relevant declaration from the third party.
III. Services, prices, payment
- The hotel must keep the room booked by the guest available and provide the agreed services.
- The guest must pay the valid / agreed prices for the room and any services taken. This is also true for any services and expenses requested by the guest for a third party.
- The prices can be altered by the hotel if the guest makes subsequent changes to the number of rooms, the hotel services or the length of stay, and the hotel agrees to these.
- The hotel is justified in requesting an appropriate pre-payment or deposit at the time that the contract is entered into.
IV. Guest revocation / Cancellation / No Show
- The guest has the following revocation rights:
a) up to 29 days before arrival for conferences, shows or large events, as well as group bookings of more than five rooms
b) up to 7 days outside of the times listed in a)
- Any revocation time frame different from this needs the written agreement of the hotel.
- If the hotel doesn't receive any written notice to terminate within the agreed cancellation period then the agreed price must be paid even if the guest doesn't take up any services.
- If the booking period is shortened then the whole original period booked must be paid for, as long as nothing has been agreed to the contrary.
- The hotel is allowed to demand the contractually agreed remuneration and consolidate any saved expenses. In this case the guest must pay at least 90% of the room rate with or withour breakfast, 80% of the halfboard rate and 70% of the full board rate.
- The guest has the right to demonstrate that the above mentioned demand did not arise or not at the level demanded.
V. Revocation by the hotel
- The hotel has the same revocation rights as those detailed for guests in No. 4 part 1.
- If a pre-payment or deposit requested by the hotel as detailed in no.3 section 4 is not provided within a specified timeframe then the hotel is justified in revoking the booking.
- If the period booked is shortened then the hotel has an exceptional right to withdraw from the contract.
- Rooms that are not confirmed and where no late arrival information has been given can be rented out by the hotel to someone else.
- If the hotel is in possession of justifiable cause then they have the right to rescind the contract. If this action is justified then the hotel does not have to provide compensation.
VI. Preparation and return of the room
- The guest has no claim on specific rooms.
- The reserved room will be available from 1500 at the latest, the guest is not entitled to any earlier.
- On the agreed day of departure the room must be left by 1200. Any use after this time will result in a charge of 50% of the room rate, rising to 100% after 1600.
- If the guest's room is not ready the hotel must provide compensation to the guest in form of sourcing accommodation in a comparable hotel.
VII. Hotel liability
- The hotel is liable for the obligations in the contract. Guest entitlement to compensation is precluded. Should any disruptions to or defects in the hotel services arise then the hotel will immediately attempt to remedy the situation as soon as they are informed by the guest. The guest is bound to make a reasonable contribution towards relieving the disruption and minimising any possible damage.
- The hotel is liable for goods brought in by guests according to legal requirements. Items of value like cash are to be deposited in the hotel safe. If the hotel is not made immediately aware of any damage then they are no longer liable.
- If the guest has a parking place in the hotel garage or in the hotel car park, even for a fee, there is no contract of safe custody. The hotel is not liable for any damage to or loss of any vehicles or their contents, except in cases of deliberate action or gross negligence. In this case the damage must be alleged at the very latest before departing from the hotel premises. This also applies to subcontractors.
- Wake-up services will be carried out by the hotel with great care. News, post and goods will be handled with care. The hotel will undertake the delivery, storage – if requested – the posting on – at a fee – of these goods, as well as enquiries about lost and found items. There is no right to compensation.
VIII. Final clauses
- Place of fulfilment and payment, as well as place of jurisdiction, is Baden-Baden.
- Partial changes or expansions by the guest are not accepted.
- German law is applicable. The application of the UN Sale of Goods Law and the conflict of laws provisions is precluded.
- Should individual clauses of these hotel terms and conditions be void or invalid that does not affect the remaining clauses. Statutory regulations apply.
Stand: Januar 2011