General Terms and Conditions for Hotel Accomodation Contract (AGBH 8.2)

1 AREA OF APPLICATION

1.1 These General Business Terms and Conditions (GBTC) apply to contracts on the provision for rental use of hotel rooms for lodging and to all other services and supplies provided to the customer by the hotel in this connection (Hotel Accomodation Contract). They do not apply to package travel within the meaning of section 651a German Civil Code (BGB). The term "Hotel Accomodation Contract" encompasses and replaces the following terms: lodging, guest accomodation, hotel and hotel contract. 

1.2. The sub-letting and re-letting of the rooms provided for the use and the use thereoffor any purposes other than those of the lodging is subject to the prior consent of the hotel in text form, whereby the right to terminate pursuant to selection 540 (1) sentence 2 BGB is excluded.

1.3 General business terms and conditions of the customer shall only be applicable if this is explicitly agreed in text form.

2 CONCLUDING THE CONTRACT, CONTRACT PARTIES

The hotel and the customer are the parti es to the contract. The contract is concluded by acceptance by the hotel of the application made by the custom-er. If the booking is made via the hotel’s own web page, the contract is con-cluded by clicking the button “Ja, zahlungspflichtig buchen” confirming the reservation and the customer’s obligation to pay.

3 SERVICES, PRICES, PAYMENT, OFF-SET

3.1.The hotel is obliged to keep the rooms reserved by the customer available and to render the services agreed.
3.2 The customer is obliged to pay the hotel’s prices that are agreed for or appli-cable to the provision of the room for use and to other services used by the customer. This also applies to services ordered by the customer either direct-ly or through the hotel which are performed by third parties and paid for in ad-vance by the hotel.
3.3 The prices agreed are inclusive of the taxes and local taxes applicable at the time when the contract is concluded. They do not include local taxes such as local visitor’s tax [Kurtaxe] which the guest owes himself or herself under lo-cal community law.
The prices shall be adjusted accordingly in the event of changes to the statu-tory value added tax or of the introduction, change or elimination of local tax-es on the subject matter of the contract after the contract has been entered into. In the case of contracts with consumers, this only applies if the period of time elapsing between the date of conclusion of the contract and the date of performance of the contract is longer than four months.
3.4 If payment by invoice [Zahlung auf Rechnung] is agreed, payment shall be made within ten days of receipt of the invoice without any deductions being made unless otherwise agreed.
3.5 When the contract is entered into, the hotel has the right to request a reason-able advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the pay-ment dates can be agreed in the contract in text form. The provisions of stat-ute shall apply in the event of late payment by the customer.
3.6 In justified cases, for example if the customer is in arrears in payment or if the scope of the contract is extended, the hotel has the right to demand, even after the contract has been concluded up until the time when the resi-dence commences, advance payment or security as set out in sub-clause 3.5 above or an increase in the amount of the advance payment or security agreed in the contract up to the full amount of the remuneration agreed.
3.7 Further, the hotel has the right to request, at the beginning and during the course of the customer’s stay, a reasonable advance payment or security within the meaning of sub-clause 3.5 above for existing and future claims un-der the contract, insofar as no such payment or security has already been made or provided pursuant to sub-clause 3.5 and/or 3.6 above.
3.8 The customer may only offset or net out an undisputed claim or a claim established by final and absolute court decision against a claim of the hotel.
3.9 The customer is in agreement with the invoice being sent to the customer by electronic transmission.

REVOCATION/TERMINATION("CANCELLATION) BY THE CUSTOMER NO USE OF THE HOTEL SERVICES "NO SHOW"

4.1 It is only possible for the customer to unilaterally dissolve the contract con-cluded with the hotel if a revocation right has been explicitly agreed in the contract or if there is a statutory revocation right or termination right.
4.2 If the hotel and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the hotel. The customer’s revocation right expires if the customer does not exercise this right vis-à-vis the hotel in text form by the agreed deadline.
4.3 If no revocation right has been agreed or if it has already expired, and if there is no statutory right of revocation or termination either, then the hotel retains its entitlement to the remuneration agreed although the service was not used. The hotel shall offset income from otherwise letting the rooms and saved ex-penditures. If the rooms are not otherwise let, the hotel can apply a flat rate for the saved expenditures. In this case the customer is obliged to pay 90% of the contractually-agreed price for overnight accommodation with or without breakfast and for package deals with third-party services, 70% for half board and 60% for full board. The customer is at liberty to demonstrate that the above claim did not arise or not in the amount claimed.

5 REVOCATION BY THE HOTEL

5.1 If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the hotel has, for its part, the right to re-voke the contract within this period if inquiries are made by other customers relating to the contractually reserved rooms and if the customer does not waive its revocation right after an inquiry is made and a reasonable period of time set by the hotel. This shall apply accordingly if the customer has been granted an option and other inquiries are made and the customer is not pre-pared to make a firm booking after the hotel makes an inquiry and sets an ap-propriate time period.
5.2 The hotel also has the right to revoke the contract if an advance payment or security agreed or required in accordance with sub-clause 3.5 and/or sub-clause 3.6 has not been paid after an appropriate period of grace set by the hotel has expired 

5.3 Further, the hotel has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of

- force majeure or other circumstances for which the hotel is not responsible, which render performance of the contract impossible;
- rooms being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
- the hotel having reasonable grounds to assume that the use of the service can jeopardize the smooth running of the business, the safety or public reputation of the hotel without this being attributable to the area of respon-sibility or organization of the hotel;
- the purpose of or the reason for the stay being in violation of the law;
- a breach of sub-clause 1.2.

5.4 Revocation by the hotel that is justified does not give the customer the right to claim damages.

6 MAKING THE ROOM AVAILABLE, HANDOVER AND RETURN

6.1 The customer does not acquire a right to the provision of specific rooms unless this has been explicitly agreed in text form.
6.2 The reserved rooms shall be available for use by the customer with effect from 15:00 hours on the agreed date of arrival. The customer has no right to earlier availability.
6.3 The rooms shall be vacated and available for use by the hotel by 12:00 noon at the latest on the agreed departure date. After this time, as the room was vacated late, the hotel has the right to charge for the room use exceeding that which was contractually agreed in an amount of 50% of the full accom-modation price up until 18:00 hours and in an amount of 90% after 18:00 hours (price as per price list). This does not give rise to contractual rights of the customer. The customer is at liberty to demonstrate that the hotel did not acquire a claim for compensation for use or acquired a significantly lower claim.

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable for damage which it is accountable for resulting from injury to life, body or health. It is further liable for other damage which is based on an intentional or grossly-negligent breach of duty of the hotel or on an inten-tional or negligent breach of duties of the hotel typical of the type of contract [vertragstypischen Pflichten]. Duties typical of the type of contract are those duties which enable the proper execution of the contract altogether and which the customer relies on being performed and is able to rely on being performed. A breach of duty of a statutory representative or person engaged in perfor-mance of an obligation of the hotel [Erfüllungsgehilfe] is equivalent to a breach of duty of the hotel. More far-reaching claims for damages are exclud-ed unless otherwise provided for in this Section 7. If there should be any dis-ruptions or deficiencies in the services of the hotel, the hotel shall endeavor to remedy this when it has knowledge thereof or upon a complaint being made without undue delay by the customer. The customer is obliged to contribute what it can be reasonably expected to contribute in order to remedy the dis-ruption and minimize possible damage.
7.2 The hotel is liable to the customer in accordance with the provisions of statute for items brought with the customer. The hotel recommends the use of the ho-tel or room safe. If the customer wishes to bring with him or her money, secu-rities or valuables valued at over Euro 800 or other property items valued at over Euro 3.500 a separate safekeeping agreement must be entered into with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even if this is for payment, a custody contract is not con-cluded as a result. If cars parked or driven on the hotel premises or the con-tents thereof are lost or damaged, the hotel is only liable in accordance with sentences 1 to 4 of sub-clause 7.1 above.
7.4 Wake-up calls are made with great care by the hotel.
Messages for customers are treated with care. After prior agreement with the customer, the hotel can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the hotel is only liable in accordance with sentences 1 to 4 of sub-clause 7.1 above.

8 FINAL PROVISIONS

8.1 Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective.
8.2 If the customer is a merchant or public law legal entity, the courts of Ham-burg. have exclusive jurisdiction and venue. The hotel can, however, at its election, also bring legal action against the customer at the place of the cus-tomer’s registered office. This also applies to customers not covered by sen-tence 1 above if they do not have their registered office or place of residence in an EU member state.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4 The hotel is not willing and not obliged to participate in dispute resolution procedures (Streitbeilegungsverfahren) before a consumer dispute resolution bodies (Verbraucherschlichtungsstelle).

 APRIL 2026 

SETTING CONDITIONS FOR PARKING GARAGES AND HOTEL PARKING SPACES 

(AGBP)

1 Rent Contract

 1.1 With the acceptance of the parking ticket and / or entry into the parking garage or the
       hotel parking space (“parking area”), a lease agreement is concluded between the hotel and
       the tenant regarding the parking period desired by the tenant within the opening hours
       according to these setting conditions.
1.2 In this case neither guarding nor custody is the subject of this contract. The hotel does
      not assume any custody or special care duties for the items brought in by the tenant.

2 Conditions for use

 2.1 The lessee is obliged to observe the care required in traffic. In particular, the special
      traffic regulations and safety regulations specified in the parking area must be complied.
      Instructions of the hotel staff, which are for the security or the house rights, must always be
      immediately followed. In all other respects, the provisions of the StVO (road traffic
      regulations) apply accordingly.
2.2 Vehicles may only be parked within the designated parking spaces, but not on the
      pitches reserved for permanent users. The hotel is entitled to have the vehicles parked
      incorrectly moved by means of suitable measures, at the expense of the tenant. For this, the
      hotel can charge a lump sum; In this case, the tenant can prove that the costs have not been
      incurred or substantially lower than the lump sum.
2.3 The hotel is also entitled to remove the renter’s vehicle from the parking area in case of
      danger.
2.4 Each tenant is advised to always close his vehicle carefully after leaving, and not to leave
      any valuables behind.

3 Safety and Rules of LawSafety and Rules of Law

3.1 In the parking area, it is only allowed to drive at a walking speed.
3.2 Not permitted in the parking area are:
      – smoking and the use of fire, 
      - the storage of supplies, containers and flammable objects, 
      - the unnecessary running of engines, 
      - the parking of vehicles with a leaky tank or carburettor,
      -refueling, repair, washing, interior cleaning of vehicles,
      - the discharge of cooling water, fuels or oils,
       -the distribution of advertising material.
3.3 The stay in the parking area is only permitted for the purpose of setting, loading and
      unloading as well as the pick up of vehicles.
3.4 The renter has to remove any impurities caused by him immediately.

4 Fee / Parking duration

 4.1 The amount of parking fees to be paid and the permissible parking period are based on
      the applicable current valid price list.
4.2 The maximum parking period is the length of stay unless a special agreement is made in
      individual cases.
4.3 After the end of the maximum period of the car park, the hotel is entitled to have the
      vehicle removed from the parking area at the expense of the tenant, provided that the tenant
      and / or the owner of the vehicle are notified in writing within a time limit of at least two days,
      or if the value of the vehicle obviously does not exceed the rent that is due. The hotel is
      entitled to be paid the fee according to the pricelist up until the vehicle is removed.
4.4 In the event of a loss of the parking ticket, at least one charge in the amount of one day’s
      rate shall be due, unless the tenant has a shorter or the hotel has a longer parking time.
4.5 The hotel may check the authorization to pick up and use the vehicle. The detection is
      carried out inter alia. Guided by the presentation of the parking ticket; The tenant can provide
      another proof.
4.6 If the tenant uses more than one parking space with his vehicle, the hotel is entitled to
      collect the full parking charge for the actually used number of parking spaces.

5 Liability of the Hotel

 5.1 The hotel is only liable for damages which have been demonstrably caused by him or his
       vicarious agents or by gross negligence. This limitation of liability does not apply to injury to
       life, body or health or to the violation of essential contractual obligations.
5.2 The hirer is obliged to report any damage to his vehicle to the hotel without delay.
5.3 The hotel excludes all liability for damages caused by other tenants or other third parties.
      This applies in particular to damage, destruction or theft of the adjusted vehicle or movable /
      built-in items from the vehicle or objects attached to or on the vehicle.
5.4 If the tenant is a hotel guest and if the hotel accepts parking or picking up the vehicle at
      the request of the lessee, this also does not constitute a deposit agreement and no
      monitoring obligation, since this is only a complaint of the hotel to the guest. Damage caused
      by other vehicles or objects must be regulated by the vehicle liability insurance of the renter /
      vehicle owner. The hotel and the driver commissioned by the hotel are also not liable for the
      damage caused directly to the vehicle of the hirer as well as for any financial disadvantages
      in connection with the regulation of the damage to the other vehicles or things relating to the
      motor vehicle liability insurance of the hirer / Premiums, etc.), unless the driver
      commissioned by the hotel caused the damage intentionally or was grossly negligent.

6 Liability of Lessee

 6.1 The lessee is liable for damages caused to him by himself or by his vicarious agents, his
      agents or his accompanying persons. He is obliged to report such damage without being
      asked to leave the hotel before leaving the parking area.
6.2 The lessee is liable for the cleaning costs for the impurities of the parking area caused by
      him in the sense of section 3.2.

7 Right of lien/ Right of retention / Use

7.1 The hotel is entitled to a right of retention and statutory right of lien on the hired vehicle
      by the hirer due to its claims from the rental agreement.
7.2 The hotel is entitled to remove and / or recycle vehicles or trailers without an official
      license plate if this has been previously demanded of the renter / vehicle owner and he has
      not complied with the request to remove the vehicle within a reasonable period set by the
      hotel. Such a threat and request is not required if the tenant / vehicle owner could not be
      determined even after taking reasonable measures. The renter / vehicle owner is entitled to
      the possible realization proceeds minus the costs incurred and the parking charge incurred
      up to the time of the removal of the vehicle.
7.3 Without prejudice to the rights of section 7.1 and section 7.2, the tenant is liable to the
      hotel for all costs incurred