General terms and conditions
1. Scope of Application
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes and all other related services and deliveries provided by the hotel to the guest (hotel accommodation contract). The term "hotel accommodation contract" encompasses and replaces the following terms: lodging, guest accommodation, hotel, or hotel room contract.
1.2 The subletting or further leasing of the provided rooms and their use for purposes other than accommodation require the prior written consent of the hotel. Section 540, Paragraph 1, Sentence 2 of the German Civil Code (BGB) is waived insofar as the guest is not a consumer.
1.3 General terms and conditions of the guest only apply if this has been expressly agreed in advance.
2. Contract Formation, Parties, Statute of Limitations
2.1 The contracting parties are the hotel and the guest. The contract is concluded upon the hotel's acceptance of the guest's application. The hotel is free to confirm the room booking in writing.
2.2 All claims against the hotel expire after one year from the statutory commencement of the limitation period. Claims for damages expire within five years, depending on awareness, unless they are based on injury to life, body, health, or freedom. These claims for damages expire independently of awareness after ten years. The shortening of the limitation period does not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.
3. Services, Prices, Payment, Set-Off
3.1 The hotel is obliged to make the booked rooms available and provide the agreed services.
3.2 The guest is obliged to pay the agreed or applicable prices of the hotel for the room provision and other services utilized. This also applies to services arranged directly by the guest or through the hotel, which are provided by third parties and prepaid by the hotel.
3.3 Agreed prices include applicable taxes and local fees at the time of contract conclusion. Local fees payable directly by the guest, such as visitor's tax, are excluded. If statutory VAT changes or new, changed, or abolished local charges affect the subject matter of performance after contract conclusion, prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and performance exceeds four months.
3.4 The hotel may condition its consent to a subsequent reduction in the number of booked rooms, services, or guest stay duration on an increase in the price for the rooms and/or other services.
3.5 Invoices without a due date are payable without deduction within ten days of receipt. The hotel may demand immediate payment of due claims at any time. In case of payment delay, the hotel is entitled to demand default interest of currently 8% above the base rate, or 5% above the base rate for consumer transactions. The hotel reserves the right to prove a higher damage.
3.6 The hotel is entitled to request an appropriate advance payment or security deposit, such as a credit card guarantee, from the guest at the time of contract conclusion. The amount and payment deadlines may be agreed upon in writing in the contract. Statutory provisions remain unaffected for advance payments or security deposits for package tours.
3.7 In justified cases, such as guest payment arrears or contract scope extension, the hotel is entitled to demand an advance payment or security deposit after contract conclusion up to the full agreed remuneration.
3.8 The hotel may also demand a reasonable advance payment or security deposit at the beginning or during the guest's stay for existing and future claims under the contract if not already provided under Sections 3.6 or 3.7.
3.9 The guest may only offset claims against the hotel with undisputed or legally established claims.
3.10 Children stay free of charge unless additional bedding or extra beds are required. Extra or baby beds may be provided upon request and availability. Additional fees may apply and must be agreed with the hotel in advance.
4. Guest Cancellation/No-Show
4.1 The guest may cancel the contract only if expressly agreed or if there is a statutory cancellation right or with the hotel's express consent. Agreements on cancellation rights and approvals of contract rescission should be made in writing.
4.2 If a date for free cancellation is agreed, the guest may cancel until that date without triggering payment or damage claims by the hotel. If the guest does not exercise this right by the agreed deadline, the cancellation right expires.
4.3 If no cancellation right is agreed or it has already expired, and the hotel does not agree to a contract rescission, the hotel retains the right to the agreed remuneration despite non-utilization of the service. The hotel must credit revenue from re-renting the rooms and saved expenses. If the rooms are not re-rented, the hotel may deduct saved expenses at a flat rate. In this case, the guest must pay 90% of the agreed price for overnight stays with or without breakfast and for packages with third-party services, 70% for half-board, and 60% for full-board arrangements. The guest may prove that the claim has not arisen or not in the required amount.
5. Hotel's Right of Withdrawal
5.1 If the guest's right to cancel the contract free of charge within a certain period is agreed, the hotel is also entitled to withdraw within this period if other guest inquiries for the booked rooms exist and the guest does not waive their cancellation right upon the hotel's request.
5.2 If an advance payment or security deposit agreed or required under Sections 3.6 or 3.7 is not made even after a reasonable grace period set by the hotel, the hotel may also withdraw.
5.3 The hotel may withdraw from the contract for justified reasons, especially in cases of force majeure, misleading or false information regarding essential contract details, or the unlawful purpose of the stay.
5.4 Justified withdrawal by the hotel does not entitle the guest to damages.
6. Room Provision, Handover, and Return
6.1 The guest has no claim to the provision of specific rooms unless expressly agreed.
6.2 Booked rooms are available to the guest from 2:00 p.m. on the agreed arrival day. The guest has no claim to earlier availability.
6.3 Rooms must be vacated and made available to the hotel no later than 11:00 a.m. on the agreed departure day. After this time, the hotel may charge 50% of the full room price (list price) for extended use until 6:00 p.m. and 90% after 6:00 p.m. This does not establish contractual claims for the guest. The guest may demonstrate that the hotel has incurred no or significantly lesser claims for usage compensation.
6.4 Pets are only allowed with the prior consent of the hotel. Bringing pets may incur additional costs that must be clarified in advance. Exceptions are guide dogs or assistance dogs, which are accepted free of charge. The guest is responsible for ensuring that pets cause no disturbances or damages. The hotel reserves the right to charge additional fees for cleaning or damages in case of violations.
6.5 The guest is obligated to comply with the hotel's house rules during their stay, including:
- A strict no-smoking policy in all rooms and public areas unless explicitly designated as smoking areas. Violations may result in a €150 cleaning fee.
- Avoiding noise disturbances or disruptive behavior, particularly during quiet hours from 10:00 p.m. to 7:00 a.m.
- Refraining from parties or large gatherings in rooms unless agreed upon with the hotel in advance.
The hotel reserves the right to evict guests violating behavior rules or charge additional fees for damages or increased cleaning costs.
7. Hotel Liability
7.1 The hotel is liable for damages resulting from injury to life, body, or health caused by the hotel. Additionally, it is liable for other damages due to intentional or gross negligence or breaches of typical contractual obligations by the hotel. The liability of legal representatives or vicarious agents is equivalent to that of the hotel. Further claims for damages are excluded unless otherwise regulated in this clause. The hotel will make every effort to remedy disturbances or deficiencies in its services upon being notified by the guest. The guest is obligated to contribute to rectifying the disturbance and minimizing any potential damage.
7.2 The hotel is liable for items brought by the guest according to legal provisions. The hotel recommends using the in-room or hotel safe. Storing cash, securities, or valuables exceeding €800, or other items exceeding €3,500 in value, requires a special storage agreement with the hotel.
7.3 Providing a parking space in the hotel garage or parking lot does not establish a safekeeping agreement. The hotel is only liable for the loss or damage of parked or maneuvered vehicles and their contents in accordance with clause 7.1, sentences 1–4.
7.4 Wake-up calls are performed with the utmost care. Messages, mail, and shipments for guests are handled with care. The hotel delivers, stores, and forwards them upon request for a fee. The hotel’s liability is limited to clause 7.1, sentences 1–4.
8. Final Provisions
8.1 Amendments and supplements to the contract, acceptance of the application, or these terms and conditions must be made in writing. Unilateral changes or additions by the guest are invalid.
8.2 The place of performance and payment, as well as the exclusive court of jurisdiction – also for disputes involving checks and bills of exchange – is Bayreuth for commercial transactions. If a party fulfills the requirements of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the court of jurisdiction is Bayreuth.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules is excluded.
8.4 Should individual provisions of these terms and conditions be or become invalid, this does not affect the validity of the remaining provisions. In other respects, statutory provisions apply.
8.5 There is no right of withdrawal according to Section 312g Paragraph 1 BGB, as the contract with the hotel pertains to accommodation services for a specific period. This applies regardless of whether the booking was made remotely (e.g., by phone, email, or online).
8.6 The hotel processes personal data of the guest exclusively in accordance with legal provisions, particularly the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Information about the type, scope, and purpose of data collection, processing, and usage, as well as the guest's rights, can be found in the hotel’s privacy policy available on its website or in printed form upon request.