Stand: 2021

  1. Scope
    1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of Section 651a of the German Civil Code (BGB). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, and hotel room contract.
    2. The subletting or further rental of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby the right of termination is waived in accordance with Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB).
    3. The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing.
  2. Conclusion of contract, contract partner

The contractual partners are the hotel and the customer. The contract is concluded upon the hotel's acceptance of the customer's request. In the case of bookings made via the hotel's own website, the contract is concluded upon clicking the "BOOK WITH PAYMENT" button .

  1. Services, prices, payment, offsetting
    1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
    2. The customer is obligated to pay the agreed or applicable hotel prices for the room and any additional services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
    3. The agreed prices include taxes and local charges applicable at the time of contract conclusion. Local charges that are payable by the guest under the respective municipal law, such as tourist tax, are not included.
      If the statutory sales tax changes or if local charges on the service are introduced, changed, or abolished after the contract conclusion, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and contract fulfillment exceeds four months.
    4. If payment by invoice has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.
    5. The hotel is entitled to request an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example, in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract. In the event of default by the customer, the statutory provisions apply.
    6. In justified cases, for example, if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after the conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit within the meaning of Section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
    7. The hotel is also entitled to request an appropriate advance payment or security deposit from the customer at the beginning and during the stay as defined in clause 3.5 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with clause 3.5 and/or clause 3.6 above.
    8. The customer may only offset or set off a claim against a claim of the hotel if it is undisputed or legally binding.
    9. The customer agrees that the invoice may be sent to him electronically.
  2. Withdrawal/termination (“cancellation”) by the customer / non-use of the hotel’s services (“no show”)
    1. A unilateral termination of the contract concluded with the hotel by the customer is only possible if a right of withdrawal was expressly agreed in the contract or if a statutory right of withdrawal or termination exists.
    2. If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any payment or compensation claims from the hotel. The customer's right of withdrawal expires if they do not exercise this right in writing to the hotel by the agreed date.
    3. If a right of withdrawal has not been agreed or has already expired, and if there is no statutory right of withdrawal or termination, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must deduct any income from renting the rooms to other parties as well as any saved expenses. If the rooms are not rented to other parties, the hotel may deduct saved expenses as a lump sum. In this case, the customer is obligated to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast, as well as for package arrangements with third-party services, 70% for half-board, and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount.
  3. Cancellation by the hotel
    1. If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive their right of withdrawal upon request from the hotel within a reasonable period of time. This applies accordingly if an option is granted if other requests are received and the customer is not prepared to make a firm booking upon request from the hotel within a reasonable period of time.
    2. If an advance payment or security deposit agreed or requested in accordance with clause 3.5 and/or clause 3.6 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
    3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if
    4. force majeure or other circumstances beyond the hotel's control make the fulfilment of the contract impossible;
    5. Rooms or spaces are booked negligently under misleading or false information or by concealing essential facts; the identity of the customer, their ability to pay or the purpose of the stay may be important in this case;
    6. the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation;
    7. the purpose or reason for the stay is illegal;
    8. there is a violation of the above-mentioned paragraph 1.2.
    9. A justified cancellation by the hotel does not entitle the customer to compensation. Should the hotel have a claim for damages against the customer in the event of cancellation pursuant to Section 5.2 or 5.3 above, the hotel may claim a lump sum. Section 4.3 applies accordingly in this case.
  4. Room availability, handover and return
    1. The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing.
    2. Booked rooms are available to the customer from 3:00 PM on the agreed arrival date. The customer is not entitled to earlier availability.
    3. On the agreed departure date, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After that, the hotel may charge 50% of the full room rate (price according to the price list) for the use of the room beyond the agreed time limit until 6:00 p.m., and 90% from 6:00 p.m. onwards. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
  5. Liability of the hotel
    1. The hotel is liable for damages resulting from injury to life, limb, or health for which it is responsible. Furthermore, it is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those obligations that enable the proper execution of the contract and on whose fulfillment the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided in this Section 7. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the customer. The customer is obligated to make a reasonable effort to remedy the disruption and minimize any potential damage.
    2. The hotel is liable to the customer for any items brought into the hotel according to statutory provisions. The hotel recommends using the hotel or room safe. If the customer wishes to bring money, securities, and valuables with a value exceeding €800, or other items with a value exceeding €3,500, this requires a separate storage agreement with the hotel.
    3. If a parking space is provided to the customer in the hotel garage or parking lot, even for a fee, this does not constitute a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is liable only in accordance with the above Section 7.1, sentences 1 to 4.
    4. Wake-up calls are carried out by the hotel with the utmost care.   
      Messages for customers are handled with the utmost care. The hotel may, after prior consultation with the customer, accept, store, and—upon request—forward mail and goods for a fee. The hotel's liability in this regard is limited to the provisions of Section 7.1, sentences 1 to 4 above.
  6. Final provisions
    1. Changes and additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral changes or additions are invalid.
    2. If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Cologne, Germany. The hotel may also, at its discretion, sue the customer at the customer's registered office. The same applies to customers who do not fall under sentence 1 if they are not domiciled or resident in an EU member state. 
    3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
    4. In accordance with legal obligations, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"):  http://ec.europa.eu/consumers/odr/
      However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.

GENERAL TERMS AND CONDITIONS FOR EVENTS (AS OF OCTOBER 2021)

1. Scope

1.1 These terms and conditions apply to contracts for the rental of conference, banquet and event rooms of the hotel for the holding of events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as to all other services and deliveries provided by the hotel for the customer in this context.

1.2 The subletting or further rental of the rooms, areas or display cases provided as well as the invitation to interviews, sales or similar events require the prior written consent of the hotel, whereby Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer.

1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

2 Conclusion of contract, contracting party, liability, limitation period

2.1 The contracting parties are the hotel and the customer. The contract is concluded upon the hotel's acceptance of the customer's request. The hotel reserves the right to confirm the event booking in text form.

2.2 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 resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages, unless otherwise provided in Section 9, are excluded. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy the situation upon knowledge of them or upon immediate notification by the customer. The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any potential damage. Furthermore, the customer is obligated to inform the hotel in a timely manner of the possibility of exceptionally high damage.

2.3 All claims against the hotel generally expire one year from the start of the statutory limitation period. Claims for damages expire after five years, regardless of knowledge, unless they are based on injury to life, body, health, or freedom. These claims for damages expire after ten years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3. Services, prices, payment, offsetting

3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

3.2 The customer is obligated to pay the agreed or applicable hotel prices for these and other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. In particular, this also applies to claims from copyright collecting societies.

3.3 The agreed prices include the taxes applicable at the time of conclusion of the contract.

If statutory sales tax changes or local taxes on the service object are introduced, modified, or abolished after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and contract fulfillment exceeds four months.

3.4 Hotel invoices without a due date are payable within ten days of receipt without deduction. The hotel may demand immediate payment of outstanding amounts from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently 8 percentage points, or 5 percentage points above the base interest rate for legal transactions involving a consumer. The hotel reserves the right to prove higher damages.

3.5 The hotel is entitled to request an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example, in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in the contract in text form.

3.6 In justified cases, for example, if the customer is in arrears with payment or if the scope of the contract is expanded, the hotel is entitled, even after the conclusion of the contract and up until the start of the event, to demand an advance payment or security deposit within the meaning of Section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.7 The customer may only offset or set off a claim against a claim of the hotel if it is undisputed or legally binding.

4. Customer withdrawal (cancellation, cancellation)

4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists, or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal and any consent to a cancellation of the contract must be made in writing.

4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any payment or compensation claims from the hotel. The customer's right of withdrawal expires if they do not exercise their right of withdrawal vis-à-vis the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, if there is no statutory right of withdrawal or termination, and if the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must offset the income from renting the rooms to other parties as well as the saved expenses. The saved expenses can be calculated as a lump sum in accordance with sections 4.4, 4.5, and 4.6. The customer is free to provide evidence that the claim did not arise or did not arise to the required amount. The hotel is free to provide evidence that a higher claim arose.

4.4 If the customer cancels between the 8th and 4th week before the event date, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price, and 70% of the food sales for any later cancellation.

4.5 The food sales are calculated using the formula: agreed menu price x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu from the current event offer will be used as the basis.

4.6 If a conference package per participant has been agreed, the hotel is entitled to charge 60% of the conference package x agreed number of participants in the event of cancellation between the 8th and 4th week before the event date, and 85% of the conference package x agreed number of participants in the event of later cancellation.

5. Cancellation by the hotel

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled to withdraw from the contract during this period if other customers request the contractually booked event rooms and the customer does not waive his right of withdrawal upon request from the hotel within a reasonable period of time.

5.2 If an advance payment or security deposit agreed or requested in accordance with clause 3.5 and/or clause 3.6 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

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

- Force majeure or other circumstances beyond the hotel's control make the fulfilment of the contract impossible;

- events or rooms are booked negligently under misleading or false information or by concealing essential facts; the identity of the customer, their ability to pay or the purpose of their stay may be important in this regard;

- the hotel has reasonable grounds to believe that the event may jeopardise the smooth running of the business, the safety or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation;

- the purpose or occasion of the event is illegal;

- there is a violation of clause 1.2.

5.4 The justified withdrawal of the hotel does not give rise to any claim for damages on the part of the customer.

6. Changes to the number of participants and the event time

6.1 Any increase in the number of participants by more than 5% must be notified to the hotel no later than five working days before the start of the event; this requires the hotel's written consent. Billing will be based on the actual number of participants, but at least 95% of the agreed-upon higher number. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional expenses saved due to the lower number of participants, which he can prove.

6.2 A reduction in the number of participants by more than 5% must be notified to the hotel in a timely manner, at least five working days before the start of the event. Billing will be based on the actual number of participants, but at least 95% of the ultimately agreed number. Clause 6.1, sentence 3 applies accordingly.

6.3 If the number of participants is reduced by more than 10%, the hotel is entitled to exchange the confirmed rooms, taking into account any possible differences in room rental, unless this is unreasonable for the customer.

6.4 If the agreed start or end times of the event are changed and the hotel agrees to these changes, the hotel may charge a reasonable amount for the additional services, unless the hotel is at fault.

7. Bringing food and drinks

Guests are generally not permitted to bring food and beverages to events. Exceptions require prior agreement with the hotel. In these cases, a fee will be charged to cover overhead costs.

8. Technical facilities and connections

8.1 To the extent that the Hotel procures technical and other equipment from third parties for the Customer at the Customer’s request, it shall act in the name, on behalf of and for the account of the Customer.

The customer is responsible for the careful handling and proper return of these facilities. The customer indemnifies the hotel against all claims by third parties arising from the provision of these facilities.

8.2 The use of the customer's own electrical equipment using the hotel's power grid requires the customer's consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of these devices shall be the customer's responsibility, unless the hotel is responsible for them. The hotel may calculate and charge a flat rate for the electricity costs incurred through such use.

8.3 With the consent of the hotel, the customer is entitled to use his or her own telephone, fax, and data transmission facilities. The hotel may charge a connection fee for this.

8.4 If suitable hotel facilities remain unused due to the customer connecting their own facilities, a compensation fee may be charged.

8.5 Malfunctions in technical or other facilities provided by the hotel will be remedied promptly if possible. Payments cannot be withheld or reduced unless the hotel is responsible for such malfunctions.

9. Loss or damage to items brought along

9.1 Any exhibits or other items, including personal items, brought into the event rooms or hotel are at the customer's risk. The hotel assumes no liability for loss, destruction, or damage, including financial losses, except in cases of gross negligence or willful misconduct on the part of the hotel. This excludes damages resulting from injury to life, limb, or health. Furthermore, all cases in which safekeeping represents a contractual obligation due to the circumstances of the individual case are excluded from this liability exemption.

9.2 Any decorative materials brought into the premises must comply with fire safety requirements. The hotel reserves the right to request official certification of this. If such certification is not provided, the hotel reserves the right to remove any materials already brought in at the customer's expense. Due to potential damage, the placement and installation of items must be coordinated with the hotel in advance.

9.3 Any exhibits or other items brought into the event must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer's expense. If the items remain in the event space, the hotel may charge reasonable compensation for the duration of the reservation.

10. Customer’s liability for damages

10.1 If the customer is an entrepreneur, he shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

10.2 The hotel may require the customer to provide appropriate security, for example in the form of a credit card guarantee.

11. Final provisions

11.1 Amendments and additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.

11.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions is Cologne, Germany. If a contractual partner meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction within Germany, the place of jurisdiction shall be Cologne, Germany.

11.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions is excluded.

Should individual provisions of these General Terms and Conditions for Events be or become invalid or void, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.