General Terms and Conditions for Hotel Accommodation Contracts
1. Scope of Application
1.1 These terms and conditions apply to contracts regarding the rental of hotel rooms for accommodation purposes, as well as to all additional services and deliveries provided to the guest in this context (hotel accommodation contract). The term "hotel accommodation contract" encompasses and replaces the following terms: lodging contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 Subletting or further renting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel. Section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded insofar as the guest is not a consumer.
1.3 The guest’s general terms and conditions shall only apply if explicitly agreed in advance.
2. Conclusion of Contract, Contracting Parties, Limitation Periods
2.1 The contracting parties are the hotel and the guest. The contract is concluded when the hotel accepts the guest's application. The hotel may confirm the room booking in writing.
2.2 All claims against the hotel shall generally become time-barred after one year from the statutory start of the limitation period. This does not apply to claims for damages or other 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 provide the rooms booked by the guest and to perform the agreed services.
3.2 The guest is obliged to pay the agreed or applicable prices of the hotel for the provision of rooms and additional services used. This also applies to services commissioned by the guest directly or through the hotel that are provided by third parties and invoiced by the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time of the contract. They do not include local charges owed by the guest under local law, such as tourist taxes. If the statutory VAT rate changes or if local charges are newly introduced, amended, or abolished after the contract is concluded, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between contract conclusion and contract fulfilment exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, hotel services, or the length of stay dependent on an increase in the price for rooms and/or other hotel services.
3.5 Invoices without a due date are payable within ten days of receipt without deduction. The hotel may demand immediate payment of due claims at any time. In the event of late payment by the guest, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to request a reasonable advance payment or security deposit from the guest when the contract is concluded, e.g., in the form of a credit card guarantee. The amount of the advance payment and payment deadlines may be agreed in writing in the contract. For advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of late payment by the guest, the statutory provisions shall apply.
3.7 In justified cases, such as the guest’s arrears or an extension of the contract, the hotel is entitled, even after the conclusion of the contract and up to the start of the stay, to request an advance payment or security deposit as per clauses 3.6 or an increase of the agreed advance payment or security deposit up to the full agreed remuneration.
3.8 Furthermore, the hotel is entitled at the start and during the stay to request from the guest a reasonable advance payment or security deposit in accordance with clause 3.6 for existing and future claims under the contract, provided such payment has not already been made under clauses 3.6 and/or 3.7.
3.9 The guest may only set off or offset claims against the hotel if they are undisputed or legally binding.
4. Guest Withdrawal (Cancellation)/Non-Utilisation of Hotel Services (No Show)
4.1 Withdrawal by the guest from the contract with the hotel is only possible if a right of withdrawal is expressly agreed in the contract, if there is any statutory right of withdrawal, or if the hotel expressly consents to the termination of the contract. Any agreement on a right of withdrawal, as well as any consent to the termination of the contract, shall be made in writing.
4.2 If a deadline for free withdrawal from the contract has been agreed between the hotel and the guest, the guest may withdraw from the contract until that time without triggering payment or compensation claims by the hotel. The guest's right of withdrawal expires if it is not exercised within the agreed deadline.
4.3 If no right of withdrawal is agreed or it has expired, and there is no statutory right of withdrawal or termination, and the hotel does not consent to the termination, the hotel retains the right to the agreed remuneration despite non-utilisation of the service. Cancellation policy: Individual bookings (up to 3 rooms): Free cancellation is possible until one day before arrival (6:00 pm). For cancellations after this time, we reserve the right to charge 100% of the first night’s room rate. Group bookings (from 4 rooms): Until 45 days before arrival: no cancellation fees; 44 to 30 days before arrival: 25% of the agreed services; 29 to 15 days before arrival: 50% of the agreed services; 14 to 7 days before arrival: 75% of the agreed services; Less than 7 days before arrival: 100% of the agreed services. A maximum of 10% of booked rooms may be cancelled free of charge until one day before arrival (6:00 pm).
5. Hotel Withdrawal
5.1 If it has been agreed that the guest may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract within this period if other guests request the contractually booked rooms and the guest, upon inquiry by the hotel within a reasonable deadline, does not waive their right of withdrawal.
5.2 If an advance payment or security deposit agreed or requested under clauses 3.6 and/or 3.7 is not made even after a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to extraordinary withdrawal from the contract for justified reasons, in particular if:
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Force majeure or other circumstances beyond the hotel's control make the fulfilment of the contract impossible;
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Rooms or premises are booked under misleading or false information or by concealing essential facts (e.g., identity of the guest, solvency, purpose of stay);
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The hotel has reasonable cause to believe that use of the service may endanger smooth operations, safety, or the hotel’s public reputation, without this being attributable to the hotel's sphere of control;
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The purpose or reason for the stay is illegal;
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There is a breach of clause 1.2 above.
5.4 A justified withdrawal by the hotel does not entitle the guest to claim damages.
6. Room Provision, Handover and Return
6.1 The guest has no entitlement to the provision of specific rooms unless expressly agreed.
6.2 Booked rooms are available to the guest from 2:00 pm on the agreed day of arrival. The guest 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 11:00 am. After this time, the hotel may charge 100% of the full accommodation price (list price) for the contractual overuse of the room from 12:00 pm onwards. This does not constitute a contractual claim for the guest. The guest is free to prove that the hotel has incurred no or substantially lower claims for room use.
6.4 Smoking is prohibited throughout the hotel. The hotel reserves the right to charge EUR 150.00 for cleaning costs resulting from smoking in the room or public areas of the hotel.
6.5 A cleaning fee applies for bringing pets. The hotel reserves the right to refuse pets under certain circumstances.
7. Hotel Liability
7.1 The hotel is liable for damages caused by it due to injury to life, body, or health. Furthermore, it is liable for other damages resulting from intentional or grossly negligent breaches of duty by the hotel or from intentional or negligent breaches of contractual obligations. A breach of duty by the hotel’s legal representatives or vicarious agents is considered equivalent. Further claims for damages are excluded unless otherwise stated in this clause 7. If disruptions or deficiencies occur in the hotel’s services, the hotel will endeavour to remedy them promptly upon knowledge or immediate complaint by the guest. The guest is obliged to do what is reasonable to help resolve the disruption and minimise possible damage.
7.2 The hotel is liable for valuables brought in by the guest according to statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to deposit money, securities, and valuables exceeding €800 or other items exceeding €3,500 in value, a separate safekeeping agreement with the hotel is required.
7.3 If a parking space in the hotel garage or on the hotel grounds is provided, even for a fee, this does not constitute a custodial contract. In the event of loss or damage to vehicles or their contents left or manoeuvred on hotel premises, the hotel is liable only as per clause 7.1, sentences 1 to 4.
7.4 Wake-up calls are executed with utmost care. Messages, mail, and goods deliveries for guests are handled carefully. The hotel takes responsibility for delivery, storage, and, upon request and against payment, forwarding of such items. Liability is limited to clause 7.1, sentences 1 to 4.
8. Final Provisions
8.1 Amendments and additions to the contract, acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the guest are ineffective.
8.2 Place of performance and payment, as well as the exclusive place of jurisdiction – including for cheque and bill of exchange disputes – is Six Sigma Gastronomie- und Veranstaltungs-GmbH, Krebsgasse 9a, D-93047 Regensburg. If a contracting party fulfils the conditions of §38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is also Six Sigma Gastronomie- und Veranstaltungs-GmbH, Krebsgasse 9a, D-93047 Regensburg.
8.3 German law applies. The application of the UN Sales Convention (CISG) and conflict of law rules is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. Otherwise, the statutory provisions shall apply.