General Terms and Conditions for the Hotel Accommodation Contract
I. Scope
1. These terms and conditions apply exclusively to accommodation contracts and all services provided by the hotel for overnight guests. The use of the guest's terms and conditions is expressly rejected. The validity of the guest's terms and conditions always requires a corresponding explicit written agreement.
II. Conclusion of Contract
1. Upon a booking request from the guest, a hotel accommodation contract (hereinafter referred to as the “Contract”) is established with the corresponding acceptance by the hotel. The hotel is free to accept the request in writing, orally, in text form (email, fax), or implicitly by performance.
2. Contractual partners are the hotel and the guest. If a third party makes the booking for the guest, they shall be liable to the hotel as the ordering party together with the guest as joint debtor for all obligations under the contract, unless the guest confirms in writing or by actual use of the booked service that the booking was made on their behalf. Regardless, every ordering party is required to forward all booking-relevant information, in particular these General Terms and Conditions, to the guest.
3. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel.
III. Services, Prices, Payment
1. The hotel is obligated to reserve the rooms booked by the guest in accordance with these General Terms and Conditions and to provide the agreed services.
2. The guest is obligated to pay the applicable or agreed prices of the hotel for the room rental and any additional services used by him. This also applies to services and expenses incurred by the hotel for third parties at the request of the guest or the purchaser.
3. Unless otherwise agreed in writing, the agreed prices include the respective statutory value-added tax. Not included in the prices are any other taxes and public charges such as visitor's tax, culture tax (so-called 'cultural promotion tax'), etc. The guest is responsible for paying these additional charges.
4. The prices may be changed by the hotel if the guest subsequently wishes to change the number of booked rooms, the hotel's service, or the booked length of stay and the hotel agrees.
5. Hotel invoices are payable immediately upon receipt without deduction. Invoices exceptionally not handed over to the guest on the day of departure, but sent to him, are deemed to have been received by the invoice recipient at the latest 3 days after dispatch, unless earlier receipt can be proven. The guest is in default at the latest if he fails to pay within 14 days after the due date and receipt of an invoice; this applies to a guest who is a consumer only if special reference to these consequences is made in the invoice. In the event of payment default by the guest, the hotel is entitled to charge default interest of 5% above the base rate to consumers. In business transactions with entrepreneurs, the default interest rate is 8% above the base rate. The hotel reserves the right to claim higher damages. For each reminder after default, the hotel may charge a reminder fee of €10.
6. The hotel is entitled to demand an appropriate advance payment or security deposit of up to 100% of the total payment obligation at the time of contract conclusion or thereafter. The amount of the advance payment and its due date may be contractually agreed in writing. The hotel is also entitled to declare due at any time the outstanding claims incurred during the guest's stay at the hotel by issuing an interim invoice and to demand immediate payment. A payment default even of just one interim invoice entitles the hotel to withhold all further services and to make the fulfillment of services dependent on collateral up to 100% of the remaining payment.
7. The guest may only offset or reduce a claim of the hotel with an undisputed or legally established claim.
IV. Guest Withdrawal, Cancellation, Non-utilization of Hotel Services
1. The hotel grants the guest a right to withdraw at any time. The following provisions apply, unless the contract stipulates otherwise in individual cases:
a) In the event of a guest's withdrawal from the booking, the hotel is entitled to appropriate compensation.
b) The hotel has the option to claim a withdrawal fee instead of calculating a specific compensation amount. The withdrawal fee is 90% of the agreed price for overnight stays with or without breakfast, 70% of the agreed price for overnight stays with half board, and 60% of the agreed price for overnight stays with full board. The guest is free to prove that no damage was incurred by the hotel or that the damage incurred is less than the requested compensation fee.
c) If the hotel calculates the compensation specifically, the amount of compensation does not exceed the agreed contract price for the service to be provided by the hotel, less the value of the hotel's saved expenses and what the hotel acquires through alternative uses of the hotel services.
2. The above regulations regarding compensation apply accordingly if the guest does not take advantage of the booked room or services without timely notification.
3. If the hotel has granted the guest an option in the contract to withdraw from the agreement within a certain period without further legal consequences, the hotel is not entitled to compensation. The timeliness of the withdrawal declaration is determined by its receipt by the hotel. The guest must declare the withdrawal in writing. Notification by fax or email suffices as a written form.
V. Cancellation by the Hotel
1. If the guest has been granted a free right of withdrawal according to Clause IV Para. 3, the hotel is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests regarding the booked rooms and the guest does not conclusively confirm the booking upon request from the hotel.
2. If a prepayment or security deposit agreed upon according to Clause III Para. 6 is not made within the set deadline, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for significant reasons, particularly if:
force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract; or
rooms are booked under misleading or false information of essential facts, e.g., concerning the guest's identity or the purpose; or
the hotel has justified reason to believe that the utilization of hotel services may jeopardize smooth business operations, safety, or the hotel's public reputation, without this being attributable to the hotel's realm of control or organization; or
unauthorized subletting or further rental according to Clause II Para. 3 occurs; or
the hotel becomes aware that the guest's financial situation has significantly deteriorated after the contract was concluded, particularly if the guest does not settle the hotel's due claims or fails to provide sufficient security, thus making the hotel's payment claims appear endangered; or
the guest has filed for insolvency, has declared an affidavit according to § 807 of the Civil Procedure Code, initiated an out-of-court procedure for debt regulation, or ceased payments; or
insolvency proceedings have been opened over the guest’s assets or the opening of such proceedings is rejected due to a lack of assets or for other reasons.
2. The hotel must inform the guest of the exercise of the right of withdrawal promptly in writing, by signed letter, corresponding fax, or email. This written form does not apply to withdrawal according to Clause VI Para.
3. In the aforementioned cases of withdrawal, the guest shall not have any claim for damages.
VI. Arrival and Departure
1. The guest does not acquire the right to the provision of specific rooms, unless the hotel has confirmed the provision of specific rooms in writing.
2. Reserved rooms are available to the guest from 3:00 PM on the agreed arrival day. The guest is not entitled to earlier provision unless this has been previously agreed in writing with the hotel. Notification by fax or email suffices for this written form.
3. Reserved rooms must be occupied by the guest no later than 6:00 PM on the agreed arrival day. Unless a later arrival time has been expressly agreed, the hotel has the right to allocate reserved rooms to others after 6:00 PM, without the guest being able to derive any compensation claims. The hotel is entitled to withdraw in this respect.
4. The guest is required to fill out a registration form at check-in, which is necessary for the conclusion of the accommodation contract. The personal data collected during this process will be processed in accordance with applicable data protection regulations (GDPR) and deleted after the expiration of legal retention periods.
5. On the agreed departure day, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may charge for the additional use of the room until 6:00 PM at the day room rate, and 100% of the full valid accommodation price from 6:00 PM. The guest is free to prove to the hotel that no damage or significantly lower damage has occurred.
VII. Hotel Liability, Statute of Limitations
1. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to provide a remedy upon immediate complaint by the customer. If the guest culpably fails to notify the hotel of a defect, there is no entitlement to a reduction in the contractually agreed fee.
2. The hotel is liable to the guest according to the statutory provisions for all damages resulting from injury to life, body, and health.
3. Insofar as a limitation of liability is legally permissible, the hotel is only liable for damages caused by slight negligence if these are due to the violation of an essential contractual obligation in a manner that endangers the purpose of the contract. In these cases, liability is limited to foreseeable damage typical for the contract.
4. The aforementioned limitation of liability applies to all claims for damages regardless of their legal grounds, including claims from tort. The aforementioned limitation of liability also applies to any claims for damages by a guest against employees or agents of the hotel. It does not apply in cases of liability for a defect following the assumption of a guarantee for the quality of an item or work, in cases of fraudulently concealed defects or in the event of personal injury.
5. The hotel is liable for items brought in by the guest according to the statutory provisions of §§ 701 ff. BGB. The hotel recommends depositing valuables in the hotel safe. The liability claims expire if the guest does not immediately notify the hotel in writing after gaining knowledge of loss, destruction, or damage. If damage to items brought in by the guest is already discovered before leaving the hotel, the guest must immediately notify the reception staff.
6. If a parking space is provided to the guest in the hotel garage or hotel parking lot, even for a fee, no custody agreement is established. There is no duty of surveillance on the part of the hotel. The hotel is not liable for the loss or damage of motor vehicles parked or maneuvered on the hotel property, their contents, and living animals, unless the hotel, its legal representatives, or its agents are guilty of intent or gross negligence. In this case, the damage must be claimed against the hotel no later than upon leaving the hotel premises.
7. Wake-up calls are carried out by the hotel with the greatest care. Claims for damages due to incorrect execution of a wake-up call, except in cases of gross negligence or intent, are excluded.
8. Messages, mail, and goods deliveries for guests are handled with care. The hotel assumes the delivery, storage, and – upon request – resending of the same for a fee and also for lost property upon request. Claims for damages, except in cases of gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a maximum storage period of one month, charging an appropriate fee.
9. The guest's claims for damages expire no later than three years from the time the guest becomes aware of the damage, or regardless of this knowledge, no later than three years from the time of the damaging event. The statute of limitations occurs after two years if the guest has made the booking through an organizer. This does not apply to the liability for damages resulting from the violation of life, body, or health, as well as for other damages based on an intentional and grossly negligent breach of duty by the hotel, a legal representative, or an agent of the hotel.
VIII. Guest Liability
The guest is liable to the hotel for any damage caused by themselves or by a third party invited by the guest.
IX. Final Provisions
1. In addition to these terms and conditions, the separate data protection notices form part of the contract. The hotel enters the booking data into a central database, which may potentially be accessed by all hotels that are or become part of the AGO group.
2. Changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation can only be made in writing. Unilateral changes or additions by the customer are invalid.
3. The place of fulfillment and payment is the location of the hotel.
4. Exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - is, in commercial transactions, the location of AGO Betreibergesellschaft mbH (Hamburg). If a contracting party does not have a general place of jurisdiction domestically, the exclusive place of jurisdiction is the location of the respective operating company. However, the hotel is entitled to also bring legal actions and other judicial proceedings at the general jurisdiction of the guest.
5. The law of the Federal Republic of Germany applies.
6. Should individual provisions of these general terms and conditions for hotel accommodation be ineffective or void, this shall not affect the validity of the remaining provisions. The parties will immediately replace the ineffective provisions with effective ones that come as close as possible to the intended purpose and their economic significance. The same applies in the event that there are gaps in the contract. Furthermore, the statutory provisions apply.
Stand: January 2026