General Terms and Conditions – C&S Hotel

General Terms and Conditions (AGB) – C&S Hotel

I. Scope of Application

1) These terms and conditions apply to all contracts for the rental of hotel rooms for accommodation purposes and all related services.

2) They apply exclusively. Conflicting or deviating terms and conditions of the customer are not accepted, unless previously agreed upon in writing.

II. Conclusion of Contract, Contractual Partners

1) The contract is concluded only when the hotel accepts the customer's offer and confirms it in writing (text form). If a confirmation in text form is not possible or desired in individual cases, an explicit telephone confirmation by the hotel is sufficient.

2) The contractual partners are the hotel and the customer. If a third party places the booking on behalf of the customer, that third party is jointly liable with the customer for all obligations arising from the accommodation contract.

III. Services, Prices, Payment

1) The hotel is obligated to provide the reserved rooms and agreed services. Unless otherwise agreed, the customer has no right to a specific room.

2) The customer is obliged to pay the applicable or agreed prices for room rental and any additional services used. This also applies to services and expenses the hotel incurs for third parties at the customer’s request.

3) Prices include applicable VAT. If VAT increases after the contract is concluded, the rate at the time of room usage applies.

4) If more than four months elapse between contract conclusion and fulfillment, and the hotel’s general price for such services increases, the hotel may raise the agreed price by up to 10%. In this case, the customer may withdraw from the contract.

5) The hotel may make the reservation dependent on a prepayment, even after contract conclusion.

6) The invoice amount is due at the latest upon departure. Any requested prepayments must be made by the deadline specified by the hotel.

7) If there are doubts about the customer’s creditworthiness, the hotel may request full advance payment or a security deposit, even after check-in. For stays over one week or bills exceeding €1,000, the hotel may issue interim invoices, which are payable immediately.

8) If the customer defaults on any payment, the hotel may cease further services after a written reminder and warning.

9) Acceptance of credit cards is at the hotel’s discretion in each case, even if general acceptance is advertised. The acceptance of checks, credit cards, or other means of payment is considered as payment only upon receipt.

IV. Set-Off and Right of Retention

1) The customer may only set off claims if they are legally established, undisputed, or acknowledged by the hotel.

2) A right of retention is only granted if the customer’s claim arises from the same contractual relationship.

V. Hotel’s Right of Withdrawal

1) If a free cancellation period was agreed upon, the hotel may withdraw if other inquiries for the same dates exist and the customer, when asked, does not waive their right to cancel.

2) If an agreed prepayment or advance payment is not made within the specified period, the hotel may also withdraw.

3) The hotel may withdraw from the contract for good cause, such as:

  • Force majeure or other circumstances beyond the hotel's control;
  • Booking made under false information about the person or purpose;
  • Concerns that the stay endangers the hotel’s operations, security, or reputation;
  • The room is sublet without the hotel’s consent.

4) In such cases, the customer has no claim for damages.

VI. Customer’s Right of Withdrawal (Cancellation)

1) The customer may only withdraw according to legal provisions or based on contractual agreement. If a free cancellation deadline was agreed upon, cancellation without fees is only possible until that time.

2) Otherwise, the customer must pay the agreed amount, even if the service is not used. The hotel must offset income from re-renting and saved expenses.

3) The hotel may apply a flat-rate deduction for saved expenses. In this case, the customer must pay 80% of the agreed room rate. The customer may prove that greater savings were made or the hotel suffered no or less damage.

VII. Room Provision and Return / Subletting

1) Reserved rooms are available from 3:00 PM on the day of arrival. There is no right to earlier access without agreement.

2) If no late arrival is arranged, or no payment or credit card has been provided, the hotel may reassign the room after 6:00 PM. The customer then has no claims.

3) Rooms must be vacated by 10:00 AM on the day of departure. For late check-out, the hotel may charge 50% of the room price until 6:00 PM, and 100% thereafter.

4) Subletting or using the room for purposes other than accommodation requires the hotel's prior written consent.

VIII. Right to Refuse Access / Expulsion

The hotel may refuse a guest entry or accommodation if the guest appears intoxicated, under the influence of drugs, behaves inappropriately, or wears visibly soiled work clothes. The hotel may also expel guests who repeatedly disturb peace or harass others.

IX. Hotel Liability / Statute of Limitations

1) The hotel excludes strict liability under § 536a BGB.

2) If a parking space is provided, no custody agreement is formed. The hotel is not liable for damage to or theft from parked vehicles unless caused by intent or gross negligence.

3) The hotel is liable for items brought into the hotel according to §§ 701 ff. BGB. Valuables can be stored in the safe. The hotel recommends this.

4) The hotel is liable for financial losses only in cases of intent or gross negligence, or simple negligence if a key contractual duty is violated. In such cases, liability is limited to foreseeable, typical damages.

5) These limitations apply to all claims regardless of legal grounds.

6) Claims expire after one year, or five years in the case of bodily harm or intent/gross negligence.

X. Final Provisions

1) Changes to the contract or these terms must be in writing.

2) Place of fulfillment and payment is the hotel’s registered location.

3) Legal jurisdiction is at the hotel’s location if the customer is a merchant or has no general jurisdiction in Germany.

4) Only German law applies. UN sales law and international private law are excluded.

5) If any provision is or becomes invalid, the rest remains unaffected. A valid provision with similar intent shall replace the invalid one. This also applies to any contractual gaps.