General Terms and Conditions for the Hotel Accommodation Agreement
I. Scope of Application
1. These terms and conditions apply to hotel accommodation contracts as well as to all additional services and deliveries provided by the hotel to the guest.
2. Deviating provisions, including those in the guest’s or booker’s general terms and conditions, shall not apply unless explicitly accepted in writing by the hotel.
3. An integral part of these General Terms and Conditions is the current version of the house rules of the respective hotel. These are fully accepted by the guest upon booking and during their stay. The house rules are posted and available in each hotel. They include a strict requirement for dogs to be leashed at all times within the hotel and its premises. The consumption of cannabis in the hotels or on hotel premises is prohibited under the house rules.
II. Conclusion of Contract, Contractual Partners
1. Upon a booking request by the guest and a corresponding booking confirmation from the hotel, a hotel accommodation contract (hereinafter referred to as “contract”) is concluded. The hotel processes the guest’s personal data during the booking process exclusively for the fulfillment of the contract and purposes related to the booking, in accordance with data protection regulations.
For foreign guests, the hotel is legally obligated under § 29 of the German Federal Registration Act to record specific personal data on a registration form. These data are collected exclusively for legal purposes and processed in compliance with data protection laws.
Further information can be found in our privacy policy on our website.
2. The contractual partners are the hotel and the guest. If a third party makes the booking on behalf of the guest, they are jointly liable with the guest to the hotel for all contractual obligations, provided a corresponding declaration from the booker is submitted.
Regardless, the booker is obligated to pass on all relevant booking information, particularly these General Terms and Conditions, to the guest.
3. The subletting or re-letting of rooms, as well as use for purposes other than accommodation, requires the hotel’s prior written consent.
III. Services, Prices, Payment, Set-off
1. The hotel is obligated to provide the booked rooms and agreed services in accordance with these terms.
2. The guest is obligated to pay the applicable or agreed prices for room rental and additional services used. This also applies to services and expenses initiated by the guest or booker for third parties. Prices include applicable VAT. If the period between contract signing and arrival exceeds four months and taxes or local charges increase, the hotel may raise the agreed price accordingly.
3. If the guest later requests a reduction in the number of booked rooms, services, or duration of stay, the hotel may make its consent conditional upon a price adjustment.
4. Hotel invoices are payable immediately upon receipt without deduction. The hotel may demand immediate payment at any time. A guest is in default no later than 30 days after the invoice due date if payment has not been made—this applies to consumers only if the invoice states this explicitly. For late payments, the hotel may charge interest: 5 percentage points above the base rate for consumers, 8 points for business customers. Additional damages may be claimed. A reminder fee of €5.00 may apply.
5. The hotel is entitled to request a reasonable advance payment or security deposit at the time of contract conclusion. Amounts and due dates may be specified in writing.
6. In justified cases (e.g., payment default or contract extension), the hotel may demand an advance or increased deposit up to the full price even after contract conclusion.
7. At the start or during the stay, the hotel may demand a reasonable advance or deposit for existing and future claims if not already paid.
8. The guest may only set off claims against the hotel with undisputed or legally established claims.
IV. Guest Cancellation / Withdrawal
1. The guest may cancel the booking at any time under the following conditions:
a) The hotel is entitled to reasonable compensation.
b) Instead of calculating exact damages, the hotel may claim compensation as follows:
- 90% of the contract price for overnight stays with or without breakfast
- 70% for half-board
- 60% for full-board arrangements
The guest may provide evidence that no or lower damages were incurred.
c) If the hotel calculates actual damages, the compensation may not exceed the agreed price minus saved expenses or earnings from alternative use of the services.
2. These compensation rules also apply if the guest fails to use the room/services without informing the hotel.
3. If the contract grants the guest an option to cancel without penalty within a certain period, no compensation is due. The cancellation must be submitted in writing and received in time.
V. Hotel Cancellation / Withdrawal
1. If the guest has a free cancellation option under IV.3, the hotel may also withdraw within the period if other requests exist and the guest does not waive the right when asked.
2. If an agreed deposit or security is not paid by the deadline, the hotel may withdraw.
3. The hotel may also withdraw if:
- Force majeure or circumstances beyond its control make fulfillment impossible.
- Rooms were booked using misleading or false information.
- The hotel reasonably suspects service use may harm operations, safety, or reputation.
- Unauthorized subletting or re-letting occurs (II.3).
- The guest’s financial situation deteriorates (e.g., insolvency or missed payments).
- Insolvency proceedings are initiated or rejected for lack of assets.
4. The hotel must notify the guest promptly in writing.
5. In such cases, the guest has no right to claim damages.
VI. Arrival and Departure
1. The guest has no right to a specific room unless confirmed in writing.
2. Rooms are available from 3:00 p.m. on the day of arrival.
3. Rooms must be claimed by 6:00 p.m. unless a later arrival was agreed. Otherwise, the hotel may reallocate the room. The hotel has a right to withdraw in this case.
4. Rooms must be vacated by 11:00 a.m. on the departure day. Use beyond that may incur charges:
- Until 6:00 p.m.: day-use rate
- After 6:00 p.m.: full overnight rate
The guest may prove lesser damages.
VII. Hotel Liability, Statute of Limitations
1. If defects arise, the guest must report them immediately. Failure to do so voids compensation rights.
2. The hotel is liable under statutory law for death, bodily harm, and health, as well as in cases of guarantees and fraudulent concealment.
3. For all other damages caused by slight negligence, liability applies only to breaches of essential duties. In such cases, liability is limited to foreseeable, typical damages.
4. These limitations apply to all legal claims and also to employees or agents of the hotel, unless involving personal injury or intentional misconduct.
5. The hotel’s liability for belongings is limited to 100 times the room rate, capped at €3,500. For valuables, liability is limited to €800. Use of room or central safes is recommended.
6. Use of parking spaces does not constitute a safekeeping agreement. The hotel is not liable for loss or damage unless caused by gross negligence or intent. Claims must be made before leaving the premises.
7. Wake-up calls are handled with care, but claims are excluded except in cases of gross negligence or intent.
8. Messages, mail, and deliveries are handled with care. Delivery, safekeeping, and forwarding (on request and for a fee) are provided. Claims are excluded except for gross negligence or intent. After one month, items may be turned over to the local lost-and-found office.
9. Claims for damages expire no later than two years from when the guest became aware of the damage, and in any case, after three years from the incident, except for personal injuries or willful misconduct.
VIII. Final Provisions
1. Amendments or additions must be in writing. Unilateral changes by the guest are invalid. Fax or e-mail is sufficient for written form requirements.
2. Place of performance and payment is the hotel’s registered office.
3. If the guest is a business entity or public legal entity, the exclusive place of jurisdiction is the hotel’s location or, at the hotel’s discretion, Bergen. If the guest has no domestic jurisdiction, the hotel’s location applies.
4. German law applies, excluding the UN Sales Convention.
5. If any provision of these terms is or becomes invalid, the remaining provisions remain valid. Statutory provisions apply otherwise.