II. Contract agreement, contracting parties and limitations
III. Services, tariffs, payment, offsetting
IV. Withdrawal of the customer (counter-order or cancellation) / failure to make use
of the Hotel’s services (no show)
b) In the event that the customer withdraws from the booking, the Hotel shall have claim to appropriate compensation. The Hotel has the choice to levy a flat rate cancellation fee instead of calculating the actual loss involved. The flat rate cancellation fee shall amount to 90% of the contractually agreed price for overnight stays, including or excluding breakfast, 70% of the contractually agreed price for overnight stays with half board, and 60% of the contractually agreed price for overnight stays with full board. The customer is at liberty to provide evidence that the Hotel has suffered no loss or that its losses are lower than those claimed through the flat rate compensationfee.
c) The deduction of expenditure savings is covered by the above provision. The customer is at liberty to provide evidence that the above outlined entitlement has not arisen or has not arisen to the amount claimed.
d) Insofar as the Hotel calculates its actual losses, the maximum amount of compensation shall equal the contractually agreed price of the services to be supplied by the Hotel less the value of the expenditure saved by the Hotel together with the amount that the Hotel acquires through the alternative use of the Hotel’s services.2. The compensation regulations referred to above shall apply if the customer does not
2. claim the room or services he has reserved without informing the Hotel of this in good
time (no show).
3. The Hotel has no claim for compensation if it has granted the customer an option in his
contract to withdraw from the contract within a specified time period without further
legal consequences. The date of receipt of withdrawal notice by the Hotel shall be
definitive. The customer must declare his intent to withdraw in writing.
V. Withdrawal by the Hotel
1. Provided that the customer’s right to withdraw without penalty within a particular time
period has been agreed in writing, the Hotel is also for its part entitled to withdraw
without penalty within this time period if applications from other customers for rooms
reserved under contract are to hand, and the customer does not waive his right to
withdraw when contacted by the Hotel.
2. The Hotel is also entitled to withdraw from the contract if an advance payment as
agreed or as demanded in accordance with III. paragraph 5 is not made, even after an
appropriate period of grace set by the Hotel has elapsed.
3. Furthermore, the Hotel is entitled to withdraw from the contract in exceptional circumstance,
if so justified for well-founded reasons, especially in the event that:
· an act of God or other circumstances beyond the control of the Hotel make the fulfilment
of the contract impossible;
· r ooms are booked giving a misleading or a false description of essential facts (e.g. in
respect of the customer or the purpose);
· the Hotel has good grounds for supposing that the use of the Hotel services might
jeopardise the smooth running of the Hotel’s operations, or the safety or the reputation
of the Hotel in the public eye in a way that is beyond the control or scope of the
· there is any breach of I. paragraph 2.
4. If the Hotel justifiably withdraws, the customer shall make no claim for compensation.
VI. Provision, handing over and returning the room
1. The customer has no right to demand the provision of specific rooms.
2. The reserved rooms shall be available to the customers by 3 p.m. at the earliest on
the agreed date of arrival. Reserved country houses / apartments shall be available to
customers by 5 p.m. at the earliest on the agreed date of arrival. The customer has no
right to demand that rooms should be provided earlier.
3. On the agreed date of departure, rooms must be vacated and at the Hotel’s disposal
by 12 noon at the latest. Country houses / apartments must be placed at the Hotel’s
disposal by 10 a.m. at the latest on the agreed departure date. If there is delay in
vacating the room / country house or apartment, the Hotel may invoice for its use
beyond the contract period up to 6 p.m. at 50% of the current daily letting price, and at
100% from 6 p.m. onwards. Any contractual claims made by the customer cannot be
justified on these grounds. The customer is at liberty to provide evidence that the Hotel
had no claim or a significantly lower claim on payment for its use. Moreover, the Hotel
reserves the right to establish proof of and charge for a higher rate of compensation.
VII. The Hotel’s liability
1. The Hotel shall be responsible for its obligations arising from the contract, exercising
the care expected of a prudent businessman. The Hotel shall, in principle, be liable only
for legal and contractual claims arising from wilful or grossly negligent behaviour. By
way of exception, the Hotel shall be liable for minor negligence in the case of damages
arising from breach of fundamental contractual obligations or of injuries to life, limb
or health. In the case of damages arising from the breach of fundamental contractual
obligations, liability shall be limited to foreseeable and contractually typical damages.
The Hotel shall not be liable for consequential damages or indirect damages. Exclusions
and limitations of liability shall apply in the same manner for legal representatives or
agents of the Hotel. Should any faults or shortcomings arise in the services provided by
the Hotel, the Hotel will make every effort to correct this if the customer has brought
these to its attention or made his objections promptly known. The customer is obliged
to make reasonable effort to rectify any fault or minimise any possible loss or damage,
and to bring any faults or damage immediately to the Hotel’s attention. The customer is
also obliged to advise of the likelihood of any possible serious loss or damage without
2. In accordance with the legal provisions of §§ 701 ff. of the Civil Code, the hotel is liable
to the customer up to a maximum sum of € 3,500 for items brought into the hotel. In
the case of cash, securities and valuables, the sum of € 3,500 is replaced by the sum of
€ 800. Storage in the hotel or room safe is always recommended. For all further liability
on the part of the hotel, the terms of 1 sentences 2-5 above shall apply.
3. Though the customer may be offered a parking space in the Hotel garage or car park,
this shall not form a contract for its safekeeping, even if a parking fee is paid. The
Hotel shall not assume liability for loss or damage to any vehicle parked on the Hotel’s
property, or its contents, except in the event of wantonness or gross negligence on the
part of the Hotel. This also applies to the Hotel’s agents. The terms of 1 sentences 2-5
4. Instructions for wake-up calls shall be carried out carefully. Messages, post and the
sending of trade samples for the customers shall also be treated with great care. The
Hotel will undertake to deliver or keep such items (at the Hotel), or to send them on if
desired, for a fee. The terms of 1 sentences 2-5 above apply.
VIII. Final provisions
1. Any amendments or additions to this contract, the acceptance proposal or these Terms
and Conditions for Hotel Accommodation must be made in writing. Any unilateral alterations
or additions by the customer shall be void.
2. The contract shall be executed and payment shall be made at the company office of the
3. The sole court of jurisdiction for commercial transactions, including cheque and
currency disputes, shall be Cologne. Provided that a contracting party fulfils the
requirements of Article 38 paragraph 2 of the Code of Civil Procedure and has no
general place of jurisdiction within Germany, the Hotel’s registered office shall act as
the place of legal jurisdiction.
4. German law alone shall apply to this contract.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation
prove inoperable or be or become null and void, the effectiveness of the other
provisions shall remain unaffected. Otherwise, the statutory provisions shall apply.
Last revision: March 2011
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