Terms & Conditions (AGBs)
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The hotel reserves the right of unilateral cancellation of the accommodation contract. However, only in cases of force majeure, change of ownership or in cases of temporary closure due to unreasonable energy costs or other unforeseeable cost increases which make a temporary closure of the business necessary.
The accommodation contract - guest accommodation contract
Rights and obligations from the DEHOGA guest accommodation contract - accommodation contract:
The contractual rights and obligations resulting from the accommodation contracts are often not known. As long as there are no difficulties that require a legal clarification of the mutual contractual positions, this ignorance may not be perceived as unpleasant. However, it usually becomes problematic when the contracting parties, ignorant of the legal situation, want to claim rights under the contract that the legal system does not allow them. Such cases usually occur when the guest wants to cancel a room once it has been reserved. For this purpose, DEHOGA has compiled the following rights and obligations as they result from the accommodation contract. They are confirmed in constant case law.
§ 1 The guest accommodation contract is concluded as soon as the room has been ordered and confirmed.
§ 2 The conclusion of the guest accommodation contract obliges the contracting parties to fulfill the contract, regardless of the duration of the contract.
§ 3 The landlord is obliged to compensate the guest if the room is not provided.
§ 4 The guest is obliged to pay the agreed or customary price if the contractual services are not used, less the expenses saved by the landlord.
The savings are based on experience:
10% for overnight stays in holiday apartments,
for bed / breakfast 20%,
with half board 30%,
with full board 40% of the board price.
§ 5a The landlord is held in good faith to allocate rooms that have not been used, if possible, to avoid breakdowns.
§ 5b Until the room is rented to another party, the guest must pay the amount calculated in accordance with Section 4 for the duration of the contract.
Our cancellation policy
The booking can be canceled free of charge up to 14 days before arrival.
For a cancellation up to 13 days before arrival, 50% of the arrangement price can be charged. For cancellations up to 7 days before arrival, 70% of the arrangement price can be charged.
For a later cancellation or no-show (80% of the arrangement price) can be calculated.
The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
Special conditions apply to travel groups of 12 people or more. The separately agreed cancellation conditions apply here.
Explanations of the guest accommodation contract
The accommodation contract is a so-called mixed contract that is not particularly regulated in the Civil Code, apart from the regulation of liability for items brought in. It encompasses tenancy, service, work contract and possibly even purchase rights. The inclusion of different areas of law does not exclude that the accommodation contract should not be treated differently with respect to the contractual obligations than any other under civil law. This means that the accommodation contract cannot be unilaterally resolved by one party.
Cancellation of a room once booked in a hotel or other accommodation facility cannot be reversed, unless in agreement with the landlord. It is not critical whether the contract is concluded in writing or is only verbal. As a consequence of this legal principle, the point in time at which the guest wishes to cancel a booked room is irrelevant, because if there is no unilateral withdrawal from the contract, the time of the cancellation of the room order cannot be decisive.
For the landlord's claims, the only decisive factor is whether he was able to rent the canceled room to someone else. The guest is only released from his contractual obligations if the landlord succeeds in renting it elsewhere.
Of course, the landlord must not maliciously refrain from renting to another person, i.e. he must make an effort to rent, but on the other hand, the guest should not neglect to inform the landlord, otherwise he will deprive himself of the opportunity to be released from his contractual obligations.
In this respect, the question of unsubscribing as early as possible can play a decisive role. The landlord's claim to payment of the agreed or customary price for the contractual service minus the saved expenses is not a claim for damages, but a claim that is based on the fulfillment of the contract.
Of course, the landlord must not maliciously refrain from renting to another person, i.e. he must make an effort to rent, but on the other hand, the guest should not neglect to inform the landlord, otherwise he will deprive himself of the opportunity to be released from his contractual obligations.
In this respect, the question of unsubscribing as early as possible can play a decisive role. The landlord's claim to payment of the agreed or customary price for the contractual service minus the saved expenses is not a claim for damages, but a claim that is based on the fulfillment of the contract.
This distinction is legally important for the objections to be raised by the guest. For the claim to fulfillment, the reasons for which the guest was unable to use the reserved room are not legally important.
Play it safe with travel cancellation insurance. Hotel cancellation insurance
Source: DEHOGA (German Hotel and Restaurant Association) - place of jurisdiction is Cochem
Our general terms and conditions, the guest accommodation contract and the organizer's liability apply with every reservation in the hotel.
Platform for online dispute resolution by the European Commission: http://ec.europa.eu/consumers/odr/