Terms and Conditions
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 concluded with the corresponding acceptance by the hotel. The hotel is at liberty to accept the request in writing, orally, in text form (email, fax), or implicitly through the provision of services.
2. The contracting parties are the hotel and the guest. If a third party makes the booking for the guest, they are liable to the hotel as the booker together with the guest as joint debtors for all obligations arising from the contract, unless the guest confirms in writing or by actual use of the booked service that the booking was made for them. Independently of this, each booker is obliged to forward all booking-relevant information, particularly these General Terms and Conditions, to the guest.
3. The subletting or further leasing of the provided rooms, 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 obliged to hold 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 room reservations and any additional services used by them. This also applies to services and expenses of the hotel with respect to third parties instigated by the guest or the client.
3. Unless otherwise agreed in writing by the parties, the agreed prices include the respective statutory value-added tax. The prices do not include any other taxes and public charges, such as visitor's tax, cultural promotion tax (so-called 'bed tax'), etc. The mentioned charges are additionally borne by the guest.
4. The prices may also be adjusted by the hotel if the guest requests changes in the number of booked rooms, the hotel’s services, or the duration of stay, and if the hotel consents to such changes.
5. Invoices from the hotel are payable without deduction immediately upon receipt. If invoices are exceptionally not handed over to the guest on the day of departure but are sent to them, they are deemed to have been received by the invoice recipient no later than 3 days after dispatch unless earlier receipt can be proven. The guest is in default at the latest if they do not make payment within 14 days of the invoice's due date and receipt; this only applies to a guest who is a consumer if this consequence has been specifically indicated in the invoice. In the event of a payment default attributable to the guest, the hotel is entitled to charge default interest of 5% above the base interest rate to consumers. In business transactions with entrepreneurs, the default interest rate is 8% above the base interest rate. The hotel reserves the right to assert a higher damage claim. For each reminder after the occurrence of default, the hotel may charge a reminder fee of € 10.
6. The hotel is entitled to demand a reasonable advance payment or security deposit up to 100% of the total payment obligation upon contract conclusion or thereafter. The amount of the advance payment and its due date can be agreed upon in the contract in writing. The hotel is also entitled to make invoices accrued during the guest's stay at the hotel due at any time by issuing an interim invoice and demanding immediate payment. Default on even an interim invoice entitles the hotel to withhold all further services and make the provision of services dependent on a security deposit up to 100% of the still outstanding payment.
7. The guest can 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 specifies otherwise in individual cases:
a) In the event of a guest withdrawing from the booking, the hotel is entitled to appropriate compensation.
b) The hotel has the option to claim a withdrawal fee instead of calculating specific compensation. The withdrawal fee is 90% of the contractually agreed price for overnight stays with or without breakfast, 70% of the contractually agreed price for overnight stays with half-board, and 60% of the contractually agreed price for overnight stays with full board. The guest is free to prove that the hotel has not incurred any damage or that the damage incurred is less than the demanded compensation fee.
c) If the hotel calculates the compensation specifically, the amount of compensation shall not exceed the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and anything acquired through alternative use of the hotel services.
2. The aforementioned provisions concerning compensation apply accordingly if the guest does not utilize the booked room or services without timely notification.
3. If the hotel has granted the guest the option in the contract to withdraw without additional legal consequences within a certain period, the hotel has no right to compensation. The timeliness of the withdrawal declaration is determined by its receipt by the hotel. The guest must declare the withdrawal in writing. A notification via fax or email is sufficient to meet this requirement.
V. Cancellation by the Hotel
1. If the guest is granted a free right of withdrawal according to section IV clause 3, the hotel is also entitled to withdraw from the contract within the agreed period if other guests inquire about the reserved rooms, and the guest does not provide a final confirmation of the reservation upon the hotel's request.
2. If an advance payment or security deposit agreed upon according to section III clause 6 is not made within a specified period, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for important reasons, especially if
force majeure or other circumstances not attributable to the hotel make it impossible to fulfill the contract; or
rooms are booked under misleading or false statements of essential facts, such as concerning the guest's identity or the purpose of the stay; or
the hotel has justified reason to assume that the provision of services could jeopardize the smooth operation, safety, or reputation of the hotel in the public eye, without being attributable to the hotel's control or organization; or
there is unauthorized subletting or re-letting according to section II clause 3; or
the hotel becomes aware of circumstances indicating that the guest's financial situation has considerably deteriorated after the contract conclusion, especially if the guest does not settle due claims of the hotel or fails to provide sufficient security, thereby endangering the hotel's payment claims; or
the guest has filed for insolvency proceedings, given an affidavit according to § 807 Civil Procedure Code, initiated an out-of-court procedure for debt regulation, or suspended payments; or
insolvency proceedings have been opened on the guest's assets or the opening of such proceedings has been declined due to lack of assets or for other reasons.
4. The hotel must immediately inform the guest in writing about the exercise of the withdrawal right through a signed letter, a respective fax, or by email. This written form does not apply to withdrawal per section VI clause.
5. In the aforementioned cases of withdrawal, the guest does not have any claim for damages.
VI. Arrival and Departure
1. The guest does not acquire the right to be provided with specific rooms unless the hotel has confirmed in writing the provision of specific rooms.
2. Booked rooms are available to the guest from 3:00 PM on the agreed day of arrival. The guest has no right to an earlier provision unless agreed in writing with the hotel in advance. A notification by fax or email satisfies this written form requirement.
3. Booked rooms must be occupied by the guest by 6:00 PM on the agreed day of arrival. Unless a later arrival time has been expressly agreed upon, the hotel has the right to allocate booked rooms to someone else after 6:00 PM without the guest being able to derive any compensation claims from this. The hotel is entitled to a right of withdrawal in this regard.
4. The guest is obliged to fill out a registration form at check-in, which is necessary for the conclusion of the accommodation contract. The personal data collected in this process are processed in accordance with the applicable data protection regulations (GDPR) and are deleted after the expiration of legal retention periods.
5. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 PM at the latest. Thereafter, beyond the resulting damage, the hotel may charge the daily room rate for additional use of the room until 6:00 PM, and 100% of the full applicable accommodation price from 6:00 PM. The guest is free to prove to the hotel that no or significantly less damage has been incurred.
VII. Hotel Liability, Statute of Limitations
1. Should interruptions or defects occur in the hotel's services, the hotel will, upon immediate complaint by the customer, endeavor to provide a remedy. If the guest negligently fails to report a defect to the hotel, a claim for reduction of the contractually agreed payment shall not be applicable.
2. The hotel is liable to the guest under the statutory provisions for all damages arising 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 such cases, liability is limited to foreseeable damage typical of the contract.
4. The above limitation of liability applies to all claims for damages regardless of their legal basis, including claims from tort. The above limitation of liability also applies to any damage claims of a guest against the hotel's employees or vicarious agents. It does not apply in cases of liability for a defect after assuming a guarantee for the quality of an item or work, in cases of fraudulently concealed defects, or in the case of personal injury.
5. For items brought in by the guest, the hotel is liable under the statutory provisions of §§ 701 ff. BGB. The hotel recommends depositing valuables in the hotel safe. Claims for liability are extinguished if the guest does not immediately report the loss, destruction, or damage to the hotel in writing upon gaining knowledge. If damage to brought-in items is identified by the guest before leaving the hotel, the guest must immediately report this to the reception staff.
6. Insofar as a parking space is made available to the guest in the hotel garage or on a hotel parking lot, even for a fee, no safekeeping contract arises. There is no surveillance duty 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 vicarious agents are guilty of intent or gross negligence. In this case, the damage must be reported to the hotel at the latest when leaving the hotel property.
7. Wake-up calls are carried out by the hotel with the utmost 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 merchandise deliveries for guests are handled with care. The hotel takes on the delivery, storage, and - upon request - forwarding of the same for a fee, as well as, upon request, for lost property. 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 and found office after a storage period of max one month while charging an appropriate fee.
9. Guest's claims for damages expire at the latest three years from when the guest becomes aware of the damage, or regardless of such knowledge, at the latest three years from the date of the damaging event. The limitation period is two years if the guest made the booking through an organizer. This does not apply to liability for damages arising from injury to 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 vicarious agents 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 are part of the contract. The hotel enters the booking data into a central database, which may be accessible to all hotels that are or become part of the AGO group.
2. Amendments or additions to the contract, acceptance of the application, or these terms and conditions for hotel admission can only be made in writing. Unilateral changes or additions by the customer are ineffective.
3. The place of performance and payment is the location of the hotel.
4. The exclusive place of jurisdiction, including for disputes related to checks and bills of exchange, is the business location of AGO Betreibergesellschaft mbH (Hamburg) in commercial transactions. If a contractual partner does not have a general place of jurisdiction within the country, the exclusive place of jurisdiction shall be the location of the respective operating company. However, the hotel is entitled to bring lawsuits and other legal proceedings at the general place of 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 admission be or become ineffective or void, the validity of the remaining provisions shall not be affected. The parties shall immediately replace the ineffective provisions with those that come as close as possible to the intended purpose and economic significance. The same applies in the event that there are regulatory gaps in the contract. Otherwise, the statutory provisions apply.
Status: January 2026