TABLE OF CONTENT

Scope of Application

Contract Conclusion and Partners

Services, Prices, Payment, Set-Off

Cancellation ("Termination") by the Customer / Non-Utilization of Hotel Services ("No Show")

Withdrawal by the Hotel

Room Availability, Handover, and Return

Liability of the Hotel

Final Provisions

**1. Scope of Application**

1.1 These terms and conditions apply to contracts for the temporary rental of hotel rooms for accommodation purposes, as well as all related services and supplies provided by the hotel to the customer (hotel accommodation contract). They do not apply to package tours within the meaning of Section 651a BGB. The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, and hotel room contract.

1.2 The subletting or further rental of the rooms provided, as well as their use for purposes other than accommodation, require the prior consent of the hotel in text form. The right to terminate under Section 540, Paragraph 1, Sentence 2 BGB is waived.

1.3 The customer’s general terms and conditions shall only apply if expressly agreed in text form.

**2. Contract Conclusion and Partners**

The contracting parties are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel. In the case of bookings made via the hotel’s own website, the contract is concluded by clicking the booking button.

**3. Services, Prices, Payment, Set-Off**

3.1 The hotel is obligated to provide the rooms booked by the customer and to render the agreed services.

3.2 The customer is obligated to pay the agreed or applicable prices of the hotel for the room rental and any additional services utilized. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.

3.3 The agreed prices include applicable taxes and local charges at the time of the contract conclusion. Local charges owed by the guest under municipal law, such as tourist taxes, are not included.

In case of changes in statutory VAT or the introduction, amendment, or abolition of local charges on the contractual services after contract conclusion, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between contract conclusion and contract fulfillment exceeds four months.

3.4 If payment by invoice is agreed, payment must be made—unless otherwise agreed—within ten days of receiving the invoice without deduction.

3.5 The hotel is entitled to request a reasonable advance payment or security deposit, such as a credit card guarantee, from the customer at the time of contract conclusion. The amount of the advance payment and payment dates can be agreed upon in text form in the contract. In the event of customer payment default, the statutory provisions apply.

3.6 In justified cases, such as customer payment default or contract scope extension, the hotel is entitled, even after contract conclusion and until the start of the stay, to request an advance payment or security deposit in the sense of Section 3.5 or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.7 Furthermore, the hotel is entitled to request a reasonable advance payment or security deposit in the sense of Section 3.5 at the beginning and during the stay for existing and future claims arising from the contract, provided that such a payment has not already been made in accordance with Sections 3.5 and/or 3.6.

**4. Cancellation ("Termination") by the Customer / Non-Utilization of Hotel Services ("No Show")**

4.1 A unilateral termination of the contract by the customer is only possible if a cancellation right has been expressly agreed upon in the contract or if a statutory right of cancellation or termination exists.

4.2 If a specific date for a cost-free cancellation of the contract has been agreed upon between the hotel and the customer, the customer may cancel the contract up to that date without incurring payment or compensation claims by the hotel. The customer's right of cancellation expires if they fail to exercise it in text form by the agreed date.

4.3 If no cancellation right has been agreed upon, or if it has already expired, and there is no statutory right of cancellation or termination, the hotel retains the right to the agreed remuneration despite the non-utilization of the service. The hotel must offset income from other rentals of the rooms and any saved expenses. If the rooms are not otherwise rented, the hotel may charge a flat rate for saved expenses. In such cases, the customer is obligated to pay 90% of the agreed price for overnight stays with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements. The customer is free to prove that the hotel’s claim did not arise or did not arise in the claimed amount.

**5. Withdrawal by the Hotel**

5.1 If it has been agreed that the customer may cancel the contract cost-free within a specific period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the rooms booked in the contract and the customer does not waive their right to cancel upon the hotel's request with a reasonable deadline. This also applies to options if there are other inquiries and the customer is not ready for a firm booking upon the hotel's request with a reasonable deadline.

5.2 If an advance payment or security deposit agreed upon or requested according to Section 3.5 and/or Section 3.6 is not made even after a reasonable grace period set by the hotel, the hotel is entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, particularly if:

- Force majeure or other circumstances not attributable to the hotel make it impossible to fulfill the contract;

- Rooms or spaces are booked under misleading or false information or by concealing essential facts; essential facts can include the customer’s identity, solvency, or the purpose of the stay;

- The hotel has justified reasons to believe that the use of the service could jeopardize the smooth operation of the business, the safety, or the public reputation of the hotel, without being attributable to the hotel’s sphere of control or organization;

- The purpose or reason for the stay is illegal;

- There is a violation of Section 1.2 above.

5.4 A justified withdrawal by the hotel does not entitle the customer to compensation. If the hotel is entitled to damages under Sections 5.2 or 5.3, it may charge these as a flat rate. Section 4.3 applies in this case.

**6. Room Availability, Handover, and Return**

6.1 The customer has no claim to the provision of specific rooms unless this has been expressly agreed upon in text form.

6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier availability.

6.3 On the agreed day of departure, rooms must be vacated and made available to the hotel no later than 12:00 p.m. After this time, the hotel may charge 50% of the full accommodation price (listed price) for the extended use of the room until 6:00 p.m. and 90% from 6:00 p.m. onward. Contractual claims by the customer are not established thereby. The customer is free to prove that the hotel has no or a significantly lower claim for usage fees.

**7. Liability of the Hotel**

7.1 The hotel is liable for damages resulting from injury to life, body, or health for which it is responsible. Furthermore, it is liable for other damages caused by an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations. Typical contractual obligations are those obligations that enable the proper execution of the contract and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided in this Section 7. If disruptions or deficiencies occur in the hotel's services, the hotel will endeavor to remedy them upon becoming aware of them or upon immediate notification by the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and minimize any potential damage.

7.2 The hotel is liable to the customer for items brought into the hotel under the statutory provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring money, securities, or valuables with a value exceeding €800 or other items exceeding €3,500, this requires a separate storage agreement with the hotel.

7.3 If the customer is provided a parking space in the hotel garage or parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is only liable for loss or damage to vehicles parked or maneuvered on the hotel property and their contents in accordance with Section 7.1, Sentences 1 to 4.

7.4 Wake-up calls are executed by the hotel with the utmost care. Messages for customers are handled with care. The hotel may arrange for the receipt, storage, and, upon request and for a fee, the forwarding of mail and goods shipments after prior agreement with the customer. The hotel is only liable for this in accordance with Section 7.1, Sentences 1 to 4.

**8. Final Provisions**

8.1 Amendments and supplements to the contract, the acceptance of the application, or these General Terms and Conditions should be made in text form. Unilateral amendments or supplements are invalid.

8.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is [insert location]. The hotel may also choose to bring legal action against the customer at the customer's place of business. The same applies to customers who do not fall under Sentence 1 if their domicile or place of residence is not in a member state of the European Union.

8.3 German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

8.4 In accordance with legal obligations, the hotel points out that the European Union has established an online platform for the extrajudicial settlement of consumer disputes ("OS Platform"): [http://ec.europa.eu/consumers/odr/](http://ec.europa.eu/consumers/odr/).

The hotel does not participate in dispute resolution procedures before consumer arbitration bodies.

The above text is the translation of the original document AGBH 8.1. [Open here]

**DEHOGA / AGBH 8.1 / Hotel und Gasthaus Nagel GmbH, as of October 2021**

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