1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all related services and deliveries provided by the hotel to the guest (hotel accommodation agreement). The term "hotel accommodation agreement" encompasses: accommodation, guest reception, hotel and hotel room agreements.
1.2 Sub-letting or re-letting of rooms as well as their use for purposes other than accommodation requires prior written consent from the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the guest is not a consumer.
1.3 The guest's own general terms and conditions shall only apply if this has been expressly agreed in advance.
2.1 The contracting parties are the hotel and the guest. The contract is concluded upon the hotel's acceptance of the guest's booking request. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel generally become time-barred one year after the statutory commencement of the limitation period. This does not apply to claims for damages or other claims arising from intentional or grossly negligent breach of duty by the hotel.
3.1 The hotel is obliged to keep the rooms booked by the guest available and to provide the agreed services.
3.2 The guest is obliged to pay the agreed or applicable hotel prices for the room and any additional services used, including those arranged through the hotel and provided by third parties.
3.3 Agreed prices include taxes and local charges applicable at the time of conclusion of the contract. Local charges payable by the guest under municipal law (e.g. tourist tax) are not included. Price adjustments may be made if statutory VAT or local charges change after conclusion of the contract. For consumer contracts this applies only if the period between conclusion and performance exceeds four months.
3.4 The hotel may make its agreement to any subsequent reduction in the number of rooms, services or length of stay conditional upon an increase in the room price.
3.5 Hotel invoices without a due date are payable within ten days of receipt without deduction. The hotel may demand immediate payment of due amounts at any time. Statutory provisions apply in the event of default.
3.6 The hotel is entitled to require a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, at the time of conclusion of the contract.
3.7 In justified cases the hotel may require an advance payment or security deposit up to the full agreed amount even after conclusion of the contract but before the start of the stay.
3.8 The hotel is further entitled to require a reasonable advance payment or security deposit at the start of and during the stay for existing and future claims under the contract.
3.9 The guest may only offset against a claim of the hotel if the guest's claim is undisputed or has been determined by a court of final instance.
4.1.1 The guest has a full right of cancellation for all booked rooms up to 4 weeks before arrival.
4.1.2 Up to 2 weeks before arrival the guest has a right of cancellation for up to 50% of the originally booked rooms.
4.1.3 If no room has yet been cancelled from the original booking, the guest has the right to cancel up to two rooms until one day before arrival.
4.2 Within these deadlines the guest may exercise the right of cancellation without incurring payment obligations or claims for damages by the hotel. The right of cancellation expires if not exercised within the agreed deadline.
4.3 Once the right of cancellation has expired the hotel retains its claim to the agreed remuneration despite non-utilisation of the service. Income from alternative rental shall be offset. If rooms are not otherwise let, the guest is obliged to pay 80% of the contractually agreed price for accommodation with or without breakfast. The guest is free to demonstrate that no claim or a lower claim has arisen.
5.1 Where it has been agreed that the guest may cancel free of charge within a certain period, the hotel is likewise entitled to cancel during that period if other guests have requested the booked rooms and the guest does not waive his right of cancellation upon request.
5.2 If an agreed advance payment or security deposit is not made even after a reasonable deadline set by the hotel has elapsed, the hotel is also entitled to cancel the contract.
5.3 The hotel is further entitled to cancel the contract for good cause, in particular in cases of force majeure, misleading booking information, risk to hotel operations, or an unlawful purpose of stay.
5.4 A justified cancellation by the hotel does not entitle the guest to any claim for damages.
6.1 The guest has no entitlement to specific rooms unless this has been expressly agreed.
6.2 Booked rooms are available to the guest from 14:00 on the agreed arrival date. The guest has no right to earlier availability.
6.3 Pets are permitted on request and must be registered in advance, as not all rooms are suitable. Pets are not permitted in the breakfast room.
6.4 On the agreed departure date, rooms must be vacated and returned to the hotel by 11:00 at the latest (16:00 for late check-out). In the event of late check-out the hotel may charge 50% of the full room rate until 18:00 and 100% from 18:00 onwards.
7.1 The hotel is liable for damage arising from injury to life, limb or health attributable to it, and for other damage arising from intentional or grossly negligent breach of duty. Further claims for damages are excluded.
7.2 The hotel's liability for items brought in by guests is governed by statutory provisions. The hotel recommends using the room lock. Valuables exceeding €800 or other items exceeding €3,500 in value require a separate storage agreement.
7.3 Where the guest is provided with a parking space on the hotel car park, even free of charge, this does not give rise to a safekeeping contract. The hotel's liability for loss or damage to vehicles is limited to clause 7.1.
7.4 Wake-up calls and the delivery of messages, post and parcels are carried out with the greatest care. The hotel's liability in this respect is limited to clause 7.1.
8.1 Amendments and additions to the contract or these terms and conditions should be made in text form. Unilateral amendments by the guest are ineffective.
8.2 The place of performance, payment and exclusive jurisdiction – including for cheque and bill of exchange disputes – is Warendorf in commercial dealings. If a contracting party has no general place of jurisdiction in Germany, Warendorf shall be the place of jurisdiction.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.
8.4 Should individual provisions of these terms and conditions be or become invalid or void, the validity of the remaining provisions shall not be affected.