Terms & conditions


    1.  These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel to the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
    2. The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer. The customer’s general terms and conditions shall apply only if these are previously expressly agreed.
    1. The hotel and the customer are the contracting parties. The contract shall come into

      force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel

      may confirm the room reservation in written form.

    2. Any claims against the hotel shall generally be time-barred one year after the

      commencement of the general statute of limitations period. Damage claims shall be

      time-barred after five years, dependent on knowledge thereof, insofar as they are

      not based on claims arising out of harm inflicted on life, limb, physical health or liberty.

      These damage claims shall be time-barred after ten years, independent of

      knowledge thereof. The reduction of the statute of limitation periods shall not apply

      to claims which are based on an intentional or grossly negligent breach of obligation

      by the hotel.


    1. The hotel is obligated to keep the rooms reserved by the customer available and to

      render the agreed services

    2. The customer is obligated to pay the agreed or applicable hotel prices for rooms

      provided and for other services accepted. This also applies to services ordered by

      the customer directly or via the hotel, which a third party provides and the hotel disburses.

    3. The agreed prices include all taxes and local taxes in effect at the time of the

      conclusion of contract. This does not include locally levied taxes, which are owed by

      the guest himself according to the particular municipal law, such as visitor’s tax.

      If the statutory value added tax is changed or if local taxes concerning the rooms

      and services are newly introduced, changed or abolished after these have been

      contractually agreed upon, the prices will be adjusted. This only applies to contracts

      concluded with consumers, if four months have passed between the conclusion and

      fulfilment of the contract.

    4. The hotel can make its consent to the customer’s later request for a reduction of the

      number of reserved rooms, services of the hotel or the customer’s length of stay

      dependent on the increase of the price for the rooms and/or for the other services.

    5. Hotel invoices not stating a due date are payable without deduction and due within

      ten days of receipt of the invoice. The hotel can demand immediate payment of due

      debt from the customer. With default of payment, the hotel shall be entitled to demand

      the respectively applicable statutory default interest in the amount of currently

      8 % or, with legal transactions with a consumer, in the amount of 5 % above the

      base interest rate. The hotel reserves the right to prove greater damage.

    6. The hotel is entitled to require a reasonable advance payment or a security, such as

      a credit card guarantee, from the customer upon conclusion of the contract. The

      amount of the advance payment and payment dates may be agreed in written form

      in the contract. The statutory provisions shall remain unaffected with advance payments

      or a security for package tours.

    7. In justified cases, e.g. the customer’s default in payment or expansion of the scope

      of the contract, the hotel shall be entitled, also after the conclusion of the contract

      up to the commencement of the stay, to demand an advance payment or a security

      within the meaning of the above-mentioned No. 3.6 or an increase of the advance

      payment or a security agreed in the contract up to the total agreed remuneration.

    8. Furthermore, the hotel shall be entitled, at the commencement and during the

      customer’s stay, to demand a reasonable advance payment or security deposit within

      the meaning of the above-mentioned No. 3.6 for existing and future accounts receivable

      from the contract, insofar as such has not already been paid pursuant to

      the above-mentioned No. 3.6 and/or No. 3.7.

    9. The customer may only set-off, reduce or clear a claim by the hotel with a claim

      which is undisputed or decided with final, res judicata effect.



    1. The customer can only withdraw from the contract concluded with the hotel, if a right

      of withdrawal was explicitly agreed upon in the contract, another statutory right of

      withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual

      agreement of a right of withdrawal as well as the consent to withdrawal from the contract

      shall be in written from.

    2. Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal

      from the contract, the customer may withdraw from the contract up to that

      date without incurring payment or damage compensation claims by the hotel. The

      customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal

      vis-à-vis the hotel by the agreed date.

    3. The hotel is entitled to the contractually agreed rate even if the rooms are not used,

      if a contractual right of withdrawal was not agreed or has expired, a statutory right of

      withdrawal or cancellation is not given and the hotel does not give its consent to the

      cancellation of the contract. The hotel must credit the income from renting the

      rooms to other parties as well as for saved expenses. If the rooms are not rented

      otherwise, the hotel can demand the contractually agreed rate and assess a lump

      sum for the saved expenses of the hotel. In this case, the customer is obligated to

      pay at least 90 % of the contractually agreed rate for lodging with or without breakfast

      as well as all-inclusive arrangements with contracted services, 70 % for halfboard

      and 60 % for full-board arrangements. The customer is at liberty to show that

      the above-mentioned claim was or has not amounted to the demanded sum.


    1. Insofar as it was agreed that the customer can withdraw from the contract at no cost

      within a certain period of time, the hotel is entitled for its part to withdraw from the

      contract during this period of time if inquiries from other customers regarding the

      contractually reserved rooms exist and the customer, upon inquiry thereof by the

      hotel with a reasonable deadline set, does not waive his right of withdrawal.

    2. If an agreed advance payment or an advance payment or a security demanded

      pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period

      set by the hotel has expired, then the hotel is likewise entitled to withdraw from the


    3. Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract

      for a materially justifiable cause, in particular if

      - force majeure or other circumstances beyond the hotel’s control render the fulfillment

      of the contract impossible;

      - rooms or spaces are reserved with culpably misleading or false information or

      concealment regarding essential facts; the identity or solvency of the customer or

      the purpose of his stay can constitute essential facts;

      - the hotel has justified cause to believe that use of the hotel’s services might jeopardize

      the smooth operation of the hotel, its security or public reputation, without

      being attributable to the hotel’s sphere of control or organization;

      - the purpose or the cause of the stay is illegal;

      - there is a breach of the above-mentioned No. 1.2.

    4. The justified withdrawal by the hotel constitutes no claims for damages for the



    1. The customer does not acquire the right to be provided specific rooms insofar as

      this is not expressly agreed.

    2. Reserved rooms are available to the customer starting at 2:00 p.m. on the agreed

      arrival date. The customer does not have the right to earlier availability.

    3. Rooms must be vacated and made available to the hotel no later than 11:00 a.m

      on the agreed departure date. After that time, on the grounds of the delayed vacating

      of the room for use exceeding the contractual time, the hotel may charge 50 %

      of the full accommodation rate (list price) for the additional use of the room until 6:00

      p.m. (after 6:00 p.m.: 90 %). Contractual claims of the customer shall not be established

      hereby. The customer is at liberty to prove that the hotel has no or a much

      lower claim for charges for use of the room.


    1. The hotel is liable for harm inflicted on life, limb and physical health. Further it is

      liable for other damage caused with full intent or gross negligence or due to intentional

      or grossly negligent violation of obligations typical for the contract. A breach of

      obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative

      or vicarious agent. All other claims for damages are excluded, if not determined

      differently in this No. 7. Should disruptions or defects in the performance of

      the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon

      objection by the customer made without undue delay. The customer shall be obliged

      to undertake actions reasonable for him to eliminate the disruption and to keep any

      possible damage to a minimum.

    2. The hotel is liable to the customer for property brought into the hotel in accordance

      with the statutory provisions. It recommends the use of the hotel or room safe. If the

      guest wishes to bring with him money, securities, stocks, bonds or valuables with a

      value of more than 800 EUR or other things with a value of more than 3500 EUR, a

      separate safekeeping agreement is necessary.

    3. Insofar as a parking space is provided to the customer in the hotel garage or a hotel

      parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged.

      The hotel only assumes liability for loss of or damage to motor vehicles

      parked or manoeuvred on the hotel’s property and the contents thereof only pursuant

      to the preceding No. 7.1, sentences 1 to 4.

    4. Wake-up calls are carried out by the hotel with the greatest possible diligence.

      Messages, mail, and merchandise deliveries for guests shall be handled with care.

      The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel

      only assumes liability according to the preceding No. 7, sentences 1 to 4.


    1. Amendments and supplements to the contract, the acceptance of offers or these

      general terms and conditions should be made in written form. Unilateral amendments

      or supplements by the customer are invalid.

    2. 2 For commercial transactions the place of performance and payment as well as, in

      the event of litigation, including disputes for checks and bills of exchange, the exclusive

      court of jurisdiction is at cologne. Insofar as a contracting party fulfills the requirements

      of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and

      does not have a place of general jurisdiction within the country, the courts at [Bitte

      Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreibergesellschaft]

      shall have exclusive jurisdiction.

    3. The contract is governed by and shall be construed in accordance with German law.

      The application of the UN Convention on the International Sale of Goods and Conflict

      Law are precluded.

    4. Should individual provisions of these general terms and conditions be or become

      invalid or void, the validity of the remaining provisions shall remain unaffected

      thereby. The statutory provisions shall also be applicable.

© Hotelverband Deutschland (IHA) e.V.