General Terms and Conditions for the Hotel Accommodation Agreement
I. Scope
1. These terms and conditions apply to hotel accommodation agreements as well as all related services and deliveries provided by the hotel to the guest.
2. Deviating provisions, including those contained in the guest's or booking party's general terms and conditions, shall not apply unless explicitly accepted in writing by the hotel.
3. These terms include the current house rules of the respective hotel, which the guest accepts in full upon booking and during their stay. The house rules are displayed within the hotels. They include, among other things, a strict leash requirement for dogs on hotel premises and a prohibition on cannabis consumption in and around the hotel.
II. Conclusion of Contract, Contractual Partners
1. Upon a booking request by the guest and confirmation by the hotel, a hotel accommodation contract (hereinafter "contract") is concluded. The hotel processes the guest’s personal data solely for fulfilling the contract and for all related purposes, in accordance with applicable data protection laws.
For foreign guests, the hotel is legally obliged under § 29 of the German Federal Registration Act to collect certain personal data in the registration form. This data is processed solely for the purposes prescribed by law.
Further details are provided in our privacy policy on our website.
2. Contractual partners are the hotel and the guest. If a third party makes the booking on behalf of the guest, that party shall be jointly and severally liable with the guest, provided the hotel has received a corresponding declaration from the third party.
Regardless, the booking party is required to pass on all booking-relevant information, especially these terms and conditions, to the guest.
3. Subletting or transferring rooms, or using them for purposes other than accommodation, requires prior written consent from the hotel.
III. Services, Prices, Payment, Offsetting
1. The hotel is obligated to provide the booked rooms and agreed services under these terms.
2. The guest is obligated to pay the applicable or agreed prices for room usage and additional services. This also includes services initiated by the guest or booking party and third-party expenses paid by the hotel. Prices include applicable VAT. If more than four months pass between contract and arrival and VAT or local taxes increase, the hotel may adjust the price accordingly.
3. If the guest requests a reduction in room count, services, or length of stay after the contract is concluded, the hotel may condition its approval on a price increase.
4. Hotel invoices are due immediately without deduction. The hotel may demand immediate payment of outstanding charges. The guest is in default at the latest 30 days after invoice receipt and due date. Consumers must be informed of this in the invoice. The hotel may charge 5 percentage points above the base interest rate for consumers, and 8 for businesses. Additional damages may be claimed. Reminder fees of €5.00 may be charged after default.
5. Upon contract conclusion, the hotel may demand an appropriate advance payment or security (e.g., credit card guarantee, deposit). The amount and payment date may be defined in writing.
6. In justified cases (e.g., payment delay or contract expansion), the hotel may also demand a further advance payment up to the full contract value.
7. The hotel may request an additional advance payment or security during the guest's stay, unless already provided under clauses 5 and 6.
8. Guests may only offset claims against the hotel that are undisputed or legally established.
IV. Guest Withdrawal / Cancellation
1. The guest may withdraw at any time. The following conditions apply:
a) The hotel is entitled to appropriate compensation.
b) Instead of calculating actual damages, the hotel may charge:
- 90% of the contract price for overnight stays with or without breakfast
- 70% for half board
- 60% for full board
The guest may prove that no or lower damage occurred.
c) If the hotel calculates compensation individually, it shall not exceed the full contract value minus saved expenses and income from reallocation of services.
2. These rules also apply if the guest fails to use the services without notifying the hotel.
3. If the contract grants the guest an option to withdraw without consequence within a specific period, the hotel has no claim to compensation.
Withdrawal must be made in writing and is considered effective when received by the hotel.
V. Hotel Withdrawal
1. If the guest has a free cancellation right under IV.3, the hotel may also withdraw if other requests arise for the booked rooms and the guest does not waive the right upon inquiry.
2. If an agreed deposit or security is not paid even after a grace period, the hotel may withdraw.
3. The hotel may also withdraw in cases such as:
- Force majeure or events beyond the hotel’s control
- Booking made with false or misleading details (e.g., guest identity or purpose)
- Threats to operations, safety, or reputation
- Unauthorized subletting
- Cases under VI.3
- Deterioration in the guest's financial condition
- Insolvency filing, oath of disclosure, out-of-court settlement efforts, or payment suspension
- Insolvency proceedings opened or rejected for lack of assets
4. The hotel must notify the guest in writing immediately upon withdrawal.
5. No compensation claim arises for the guest in these cases.
VI. Arrival and Departure
1. Guests are not entitled to specific rooms unless confirmed in writing.
2. Rooms are available from 4:00 p.m. on the agreed arrival day. Early check-in is not guaranteed.
3. Rooms must be claimed by 6:00 p.m. unless a later arrival is arranged. Otherwise, the hotel may reassign the room and cancel the booking.
4. On departure day, rooms must be vacated by 10:00 a.m. Late check-outs may be charged:
- Until 6:00 p.m.: day rate
- After 6:00 p.m.: full room rate
The guest may prove lower or no damage occurred.
VII. Hotel Liability and Limitation
1. If service disruptions or defects arise, the guest must inform the hotel immediately. Failing to do so voids any right to a price reduction.
2. The hotel is liable for injury to life, body, or health, as well as for fraud and warranties, under statutory law.
3. For other damages caused by slight negligence, the hotel is only liable for breaches of essential obligations (cardinal duties), and liability is limited to foreseeable damages typical for the contract.
4. These limitations apply to all damages claims regardless of legal basis and also to employees and agents of the hotel. They do not apply in cases of warranties, fraud, or personal injury.
5. The hotel’s liability for property brought into the hotel is limited to 100 times the room rate, capped at €3,500. For valuables (e.g., cash, jewelry), liability is capped at €800. Guests are advised to use safes.
6. Use of hotel parking does not constitute a storage agreement. No surveillance obligation exists. The hotel is not liable for vehicle loss or damage unless caused by intent or gross negligence. Claims must be made before leaving the premises.
7. Wake-up calls are performed with care. Liability is excluded unless caused by gross negligence or intent.
8. Messages, mail, and packages are handled carefully. The hotel may forward them for a fee. Items not claimed within one month may be handed to the local lost-and-found office.
9. Damage claims expire two years after the guest becomes aware of the damage, or three years after the event, whichever comes first. This does not apply to personal injury or gross negligence.
VIII. Final Provisions
1. Changes or additions to the contract, acceptance, or these terms must be in writing. Unilateral changes by the guest are invalid. Written form includes fax or email.
2. Place of performance and payment is the hotel’s location.
3. If the guest is a business or public legal entity, jurisdiction lies with the hotel’s location or, at the hotel's discretion, in Bergen. If the guest lacks a domestic general jurisdiction, the hotel's location applies. The hotel may also sue at the guest’s general place of jurisdiction.
4. German law applies. The UN Convention on Contracts for the International Sale of Goods does not apply.
5. If any provision of these terms is invalid or void, the remaining provisions remain unaffected. Statutory law applies otherwise.