General Terms and Conditions / Cancellation Policy

1.1.1 These Terms and Conditions apply to contracts for the renting of hotel rooms for accommodation and to all associated goods and services that are provided by the Hotel to the customer (hotel accommodation contract). The term “Hotel Accommodation Contract” includes and substitutes the following terms: lodging contract, guest admission contract, hotel contract, hotel room contract.

1.1.2. Sub-contracting or sub-letting of rooms along with their use for any purposes other than accommodation require the prior written approval of the Hotel.

1.1.3 The customer’s own Terms and Conditions shall apply only if expressly agreed upon beforehand.

1.2.1 The contracting parties are the Hotel and the Customer. The contract becomes effective with the customer’s acceptance of the Hotel’s offer. The Hotel has the right to confirm the booking of the rooms in writing.

1.2.2 In principle, all claims against the Hotel shall be limited to 1 year after commencement of the regular statutory limitation period. All claims for damage against the Hotel shall be limited to 5 years, provided the standard limitation period was triggered by the necessary awareness of the cause for a claim, except in case of damage to life, body, health or freedom. These claims shall be limited to 10 years, independent of knowledge. These limitations do not apply in case of willful or gross negligence on the part of the Hotel.

1.3.1 The Hotel is obliged to provide the rooms that the customer booked and the agreed upon services.

1.3.2 The customer is obliged to pay the agreed upon or applicable prices for the renting of the room as well as for the provided services. The same applies in case of services provided to the customer by contracting parties of the Hotel.

1.3.3 The agreed prices shall be understood to include taxes and local duties at the rates applicable at the time the contract was agreed. Local duties are not include, such as tourist tax, which, according to the respective local legislation, the guest is liable to pay personally.
In the event of a change in the statutory rate of sales tax or the new introduction, alteration or repeal of local taxes or duties subsequent to the contract agreement, the prices will be adjusted accordingly. In cases of contracts with consumers, this shall only apply if the period between the agreement of the contract and its fulfilment exceeds four months.

1.3.4 The Hotel is entitled to take into account an increase in price for rooms or other services of the Hotel when determining whether or to what extent to concur with subsequent customer wishes for a reduction in the number of rooms, Hotel services and/or the length of stay booked by the customer.

1.3.5 Hotel invoices without a payment date are payable in full within 10 calendar days of the receipt. The Hotel is entitled to require immediate payment of outstanding payment obligations from the customer at any time. In the event of delay in payment, the Hotel is entitled to demand the corresponding legal penalty interest of 9%, or 5% in the case of legal transactions involving the customer, on the interest rate. The Hotel reserves the right to provide evidence of entitlement to a higher claim to damages.

1.3.6 The Hotel is entitled to request an appropriate advance or security deposit, e.g. in form of a credit card guarantee, when the contract is agreed upon. The amount of advance payment and the payment deadlines are agreed upon in the contract, usually in writing. In case of preliminary payments or security deposit for package deals, the legal regulations remain unaffected.

1.3.7 In reasonable cases, e.g. customer payment delays or extension of the scope of the contract, the Hotel is entitled, even after the contract has been agreed upon, to demand an advance payment or a security deposit in terms of paragraph 1.3.6 above, or to increase the contractually agreed advance payment and/or security deposit up to the full payment amount due prior to the stay at the hotel.

1.3.8 Furthermore, the Hotel is entitled to demand an appropriate advance payment and/or security deposit at the beginning or during the stay of the customer, in accordance with paragraph 1.3.6 above, for current or future demands resulting from the contract, provided such an advance payment and/or security deposit does not exist already in accordance with paragraph 3.6 and/or paragraph 3.7.

1.3.9 The customer can only offset or reduce the Hotel’s payment demands by means of an unchallenged legal claim.

1.4.1 A withdrawal of the customer from a contract agreed with the Hotel is only possible if such right of withdrawal has been expressly agreed upon in the contract, if some other statutory right of withdrawal applies, or if the Hotel expressly agrees to the cancellation of the contract. The agreement of a right to withdrawal and any such agreement to the cancellation of the contract are to be submitted in written form.

1.4.2 Provided that an optional date for withdrawal from the contract without any charges has been agreed between the customer and the Hotel, the customer may withdraw from the contract without payment and the Hotel will have no right to make any claim for compensation up to this date. The customer’s right to withdrawal vanishes if he does not exercise his right to withdraw until the agreed date.

1.4.3 When a right of withdrawal has not been agreed upon or has already expired, no statutory rights of withdrawal or cancellation apply, and should the Hotel not agree to cancellation of the agreement, the Hotel retains the right to claim the agreed payment even if the services have not been utilized. The Hotel is obliged to balance against its income from further rental of the rooms to another customer and from expenses saved. If the rooms are not otherwise let, the Hotel is entitled to apply a flat rate reduction for saved expenses. In such cases, the customer is obligated to pay at least 80% of the contractually agreed price for overnight stays, with or without breakfast, and for package deals involving third party services, 70% for overnight stays with breakfast and lunch/dinner, and 60% for arrangements including all meals. The customer is entitled to provide evidence that such claims have not arisen or do not sum up to the claimed amount.

1.5.1 Provided that the customer’s right to withdraw without any charges up to a certain date has been agreed upon, the Hotel is entitled to withdraw the contract within this time period in the event of other customers inquiring for rooms reserved under the contract, and the customer does not waive his right to withdraw within a reasonable timeframe of having been contacted to this end by the Hotel. The customer will again be hereby reminded of the express request to withdrawal.

1.5.2 When, in accordance with paragraph 3.6 and/or paragraph 3.7, an agreed or demanded advance payment and/or security deposit is not made, even after an appropriate period of grace set by the Hotel has elapsed, the Hotel is also entitled to withdraw from the contract.

1.5.3 Furthermore, the Hotel is entitled to withdraw from the contract in exceptional circumstances when reasonably justified, especially in the case of

• force majeure or other circumstances beyond the control of the Hotel making the fulfilment of the contract impossible;
•  rooms booked giving a misleading or a false description of essential facts; essential can be the identity of the customer, financial solvency or the purpose of the accommodation;
• the Hotel has reason to believe that the use of the Hotel services might jeopardize the smooth running of the Hotel’s operations, or the safety or the reputation of the Hotel in the public eye in a way that is beyond the control or scope of the Hotel’s organization;
•  the purpose and/or the occasion for the accommodation is illegal;
•  there is a breach of paragraph 1.1.2 above.

1.5.4 A justifiable withdrawal on part of the Hotel does not entitle the customer to compensation.

1.6.1 The customer has no right to demand the provision of specific rooms, unless otherwise expressly agreed.

1.6.2 The booked rooms shall be available to the customer from 1:00 pm on the agreed date of arrival. The customer has no right to demand that the rooms shall be provided earlier.

1.6.3 On the agreed date of departure, rooms must be vacated and at the Hotel’s disposal by 11:00 am at the latest. In case of a delay in vacating the room, its use up to 3:00 p.m. may be invoiced by the hotel at 50% of the current daily renting price, and at 100% from 6:00 pm onwards. Any contractual claims made by the customer cannot be justified on these grounds. The customer is at liberty to provide evidence that the Hotel had no claim or a significantly lower claim on payment for its use. The hotel reserves the right to make further claims for damages. This includes in particular cases in which the hotel becomes liable for damages against a successor guest, due to being unable to provide a room.

1.6.4 Children are free of charge in the room of their parents until 7 years old. In this case, additional services that are included in the room rate (breakfast, for example) are not applicable to accompanying children. The transport of animals requires the express prior consent of the hotel and is chargeable.

1.7.1 The Hotel is liable for damages of life, body or health arising from its responsibility. Furthermore, the Hotel is liable for damages based on willful and/or grossly negligent breach of duty as well as willful and/or grossly negligent breach of contractual duties on the part of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or agent. Further claims of damages are excluded, provided paragraph 7 does not state otherwise. If any faults or shortcomings arise in the services provided by the Hotel, the Hotel will make every effort to correct this as soon as made aware of it. The customer is obliged to make reasonable effort to rectify any fault or minimize any possible damage.

1.7.2 In case of property brought to the Hotel liability applies in accordance with legal provisions. The Hotel recommends the use of the hotel or room safe. Insofar as a guest shall bring paper money, securities and valuables with a value of more than 800 Euros or other objects with a value of more than 3,500.00 Euros into the Hotel, this shall require a special safe keeping agreement with the Hotel.

1.7.3 When a parking space is offered to the customer in the Hotel garage or parking lot, even at a cost, this does not equate a safekeeping contract. For loss or damage to any vehicle parked or maneuvered on the Hotel’s property, or to its contents, the Hotel shall only assume liability in terms of paragraph 1.7.1 above, clause 1 to 4.

1.7.4 Instructions for wake-up calls shall be carried out with the utmost care by the Hotel. Messages, post and consignment for the customers shall also be treated with the utmost care. The Hotel will undertake to deliver or keep such items, or to send them on if desired, for a fee. Paragraph 1.7.1, clause 1 to 4, above shall apply regarding liability of the Hotel

1.7.5 Forgotten items are kept for a period of 3 months. When aware about which hotel guest the objects belong to, the guest is informed about the found item. Upon request, the items will be shipped at the expense of the recipient. After expiry of the retention period, items of apparent value are submitted to the local lost-and-found office.

1.8 Smoking of cigarettes and e-cigarettes is not permitted throughout the hotel. A negligent or intentional disregard, may lead to a fire alarm and the approach of the fire department. The resulting costs are to be borne in full.

1.8.2. Furthermore, costs for cleaning the room may arise. These are also to be borne by the customer.

1.9.1 Any amendments or additions to this contract, the acceptance proposal or these Terms and Conditions must be made in writing. Any unilateral alterations or additions by the customer shall be void.

1.9.2 The sole court of jurisdiction for commercial transactions, including check and currency disputes, shall be Erlangen. Insofar as a contracting party fulfils the requirements of article 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, Erlangen shall act as legal jurisdiction.

1.9.3 German law alone shall apply. The UN Sales Convention and conflict of law legislation are hereby excluded from applying.

1.9.4 In the event of individual provisions of these Terms and Conditions being or becoming ineffective or void, the validity of the remaining provisions hereof shall in no way be affected. Otherwise, statutory provisions shall apply.

1.9.5 For events, separate terms and conditions apply.

2.1.1 These terms and conditions shall apply to contracts for the rental of the hotel’s conference, banquet, and convention rooms for events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as for all other additional services and goods provided in connection thereof by the hotel for the customer.

2.1.2 The hotel’s prior consent in written form is needed if the rooms, areas, or display cases are to be rented or sublet to a third party, or if invitations are given for interviews, sales promotions, or similar events.

2.1.3. The customer’s general terms and conditions shall apply only when expressly agreed upon previously.

2.3.1. The hotel is obliged to provide the services ordered by the customer and confirmed by the hotel.

2.3.2 The customer is obliged to pay the agreed or applicable hotel prices for the provided services. The same applies in case of services provided to the customer by contracting parties of the Hotel. This particularly applies to the demands made by copyright collecting societies.

2.3.3 The agreed prices shall be understood to include taxes at the rates applicable at the time the contract was agreed. In the case of changes in the legal value added tax or the new introduction, modification or abolition of local duties on the provided services after conclusion of the contract; the prices will be adjusted accordingly. In cases of contracts with consumers, this shall only apply if the period between the agreement of the contract and its fulfilment exceeds four months.

2.3.4 Hotel invoices without a payment date are payable in full within 10 calendar days of the receipt. The Hotel is entitled to require immediate payment of outstanding payment obligations from the customer at any time. In the event of delay in payment, the Hotel is entitled to demand the corresponding legal penalty interest of 9%, or 5% in the case of legal transactions involving the customer, on the interest rate. The Hotel reserves the right to provide evidence of entitlement to a higher claim to damages.

2.3.5 The Hotel is entitled to request an appropriate advance or security deposit, e.g. in form of a credit card guarantee, when the contract is agreed upon. The amount of the advance payment and payment dates are to be agreed in the contract, usually in written.

2.3.6 In reasonable cases, e.g. customer payment delays or extension of the scope of the contract, the Hotel is entitled, even after the contract has been agreed upon, to demand an advance payment or a security deposit in terms of paragraph 2.3.5 above, or to increase the contractually agreed advance payment and/or security deposit up to the full payment amount due prior to the beginning of the event.

2.3.7 The customer can only offset or reduce the Hotel’s payment demands by means of an unchallenged legal claim.

2.4.1 A withdrawal of the customer from a contract agreed with the Hotel is only possible if such right of withdrawal has been expressly agreed upon in the contract, if some other statutory right of withdrawal applies, or if the Hotel expressly agrees to the cancellation of the contract. The agreement of a right to withdrawal and any such agreement to the cancellation of the contract are to be submitted in written form.

2.4.2 Provided that an optional date for withdrawal from the contract without any charges has been agreed between the customer and the Hotel, the customer may withdraw from the contract without payment and the Hotel will have no right to make any claim for compensation up to this date. The customer’s right to withdrawal vanishes if he does not exercise his right to withdraw until the agreed date.

2.4.3 When a right of withdrawal has not been agreed upon or has already expired, no statutory rights of withdrawal or cancellation apply, and should the Hotel not agree to cancellation of the agreement, the Hotel retains the right to claim the agreed payment even if the services have not been utilized. The Hotel is obliged to balance against its income from further rental of the rooms to another customer and from expenses saved. The saved expenses in each case can be rounded up in accordance with Sections 2.4.4, 2.4.5 and 2.4.6. The customer is entitled to provide evidence that such claims have not arisen or do not sum up to the claimed amount.

2.4.4 If the customer withdraws from the contract between the eighth and fourth week prior to the date of the event, the Hotel is entitled to bill for 35% of the lost catering turnover in addition to the agreed-upon rental price. By any later cancellation, the amount increases to 70% of the catering turnover.

2.4.5 The catering turnover is calculated according to the formula: agreed-upon price per meal times the number of participants. If no price had yet been agreed upon for the menu, then the least expensive three course menu in the current set of event offers shall apply.

2.4.6 If a seminar flat rate per participant has been agreed, then the hotel shall be entitled to charge for 60% at said agreed rate times the number of participants for a cancellation between the 8th and 4th week prior to the event date and for 85% in the case of a later cancellation.

2.5.1 Provided that the customer’s right to withdraw without any charges up to a certain date has been agreed upon, the Hotel is entitled to withdraw the contract within this time period in the event of other customers inquiring for event rooms reserved under the contract, and the customer does not waive his right to withdraw within a reasonable timeframe of having been contacted to this end by the Hotel. The customer will again be hereby reminded of the express request to withdrawal.

2.5.2 When, in accordance with paragraph 2.3.5 and/or paragraph 2.3.6, an agreed or demanded advance payment and/or security deposit is not made, even after an appropriate period of grace set by the Hotel has elapsed, the Hotel is also entitled to withdraw from the contract.

2.5.3 Furthermore, the Hotel is entitled to withdraw from the contract in exceptional circumstances when reasonably justified, especially in the case of

• force majeure or other circumstances beyond the control of the Hotel making the fulfilment of the contract impossible;
• rooms booked giving a misleading or a false description of essential facts; essential can be the identity of the customer, financial solvency or the purpose of the accommodation;
• the Hotel has reason to believe that the use of the Hotel services might jeopardize the smooth running of the Hotel’s operations, or the safety or the reputation of the Hotel in the public eye in a way that is beyond the control or scope of the Hotel’s organization;
• the purpose and/or the occasion for the accommodation is illegal;
• there is a breach of paragraph 2.1.2 above.

2.5.4 A justifiable withdrawal on part of the Hotel does not entitle the customer to compensation.

2.6.1 An increase in the number of participants by more than 5% must be notified to the hotel no later than five working days before the start of the event; it requires the consent of the hotel, which should be granted in written. The billing is based on the actual number of participants, but at least 99% of the agreed highest number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional expenses saved due to the lower number of participants.

2.6.2 A reduction in the number of participants by more than 5% must be notified to the hotel no later than five working days before the start of the event; it requires the consent of the hotel, which should be granted in written. The billing is based on the actual number of participants, but at least 99% of the agreed highest number of participants. Section 2.6.1 clause 3 applies accordingly.

2.6.3 When the number of participants is reduced by more than 10%, the hotel shall be entitled to change the confirmed rooms, considering the modified room rental price, unless unreasonable for the customer.

2.6.4 Should the event’s agreed-upon starting or finishing times change, and should the Hotel agree to these changes, the Hotel is entitled to bill a reasonable amount for the additional commitment, unless the hotel is at fault.

2.7.1 Generally, the customer may not bring food or beverages to events. Exceptions require an agreement with the hotel; the hotel accepts exceptions for reasonable reasons. In these cases, a contribution to cover the overhead costs is calculated.

2.8.1 When the hotel obtains technical and other facilities or equipment from third parties for the customer at the customer’s request, it does so in the name of, with power of attorney and for the account of the customer. The customer is liable for the careful handling and proper return of the equipment. The customer frees the Hotel from all claims on the part of third parties stemming from the use of this equipment.

2.8.2 The use of the customer’s own electrical equipment with electricity from the Hotel’s electrical system requires the written consent of the Hotel. Disturbances or damage to the Hotel’s technical installations due to the use of such equipment are the responsibility of the customer, provided that the Hotel is not at fault. The hotel may charge a flat fee for electricity costs incurred through such usage.

2.8.3 The customer is entitled, with the consent of the hotel, to use his own telephone, fax and data transmission devices. The hotel may charge a connection fee.

2.8.4 If suitable hotel equipment remains unused because the customer’s own equipment is connected, a charge may be invoiced for lost revenue.

2.8.5 Malfunctions of technical or other equipment provided by the hotel will be remedied promptly whenever possible. Payments cannot be held back or reduced, provided that the Hotel is not at fault for the disturbances.

2.9.1 Items brought by the customer for exhibition or other purposes, including personal items, remain on the premises at the customer’s own risk. The Hotel assumes no liability for loss, demise or damage to such items nor so for financial losses, except in cases of gross negligence or intentional acts on the part of the Hotel or one of its agents.

2.9.2 Brought in decorative material must conform to the fire protection technical requirements. The hotel is entitled to require official evidence thereof. When failing to provide evidence, the hotel shall be entitled to remove already brought in materials at the expense of the customer. Due to the possibility of damage, the setting up and mounting of objects must be approved in advance by the Hotel.

2.9.3 Objects on exhibit and other items must be removed immediately following the end of the event. If the customer fails to do so, the hotel may remove and store such at the customer’s expense. If the items remain in the event room, the Hotel is entitled to charge a reasonable amount for the continued use of the room for that period of time.

2.10.1 Insofar as the customer is an entrepreneur, he is liable for all damages to buildings or inventory caused by event participants and/or visitors, employees, third parties from his domain or by himself.

2.10.2 The hotel may require the customer to provide adequate security, for example in the form of a credit card guarantee.

2.11.1 Any amendments or additions to this contract, the acceptance proposal or these Terms and Conditions must be made in writing. Any unilateral alterations or additions by the customer shall be void.

2.11.2 The sole court of jurisdiction for commercial transactions, including check and currency disputes, shall be Erlangen. Insofar as a contracting party fulfils the requirements of article 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, Erlangen shall act as legal jurisdiction.

2.11.3 German law alone shall apply. The UN Sales Convention and conflict of law legislation are hereby excluded from applying.

2.11.4 In the event of individual provisions of these Terms and Conditions for organized events being or becoming ineffective or void, the validity of the remaining provisions hereof shall in no way be affected. Otherwise, statutory provisions shall apply.

3.1.1 Upon acceptance of the parking ticket and / or entering the parking garage or the hotel parking lot following “parking area”), a rental agreement is concluded between the hotel and the lessee for the duration of the parking requested by the lessee within the opening hours in accordance with these conditions.

3.1.2 Neither guarding nor safekeeping are the subject to this contract. The hotel does not bear any care or special care obligations for the things brought in by the lessee.

3.2.1 The lessee is obliged to comply with due care and attention required in traffic. In particular, the special traffic rules and safety regulations applied in the parking area must be adhered to. Instructions on part of the hotel staff, serving the safety or concerning the householder’s right, are always to be followed immediately. Furthermore the provisions of the German Traffic Regulations (StVO) apply accordingly.

3.2.2 Vehicles may only be parked within the marked parking spaces, but not on the parking spaces reserved by signs for permanent users. The hotel is entitled to move or have incorrectly parked vehicles moved at the expense of the lessee. Hereby, the hotel may calculate a flat rate; the lessee may prove in this case that the costs did not arise or are substantially lower than the flat rate.

3.2.3 The hotel is also entitled to remove the lessee’s vehicle from the parking area in the event of imminent danger.

3.2.4 Each lessee is advised to always carefully close his vehicle after leaving and to leave no valuables behind.

3.2.5 The opening times are available at the corresponding signs.

3.3.1 In the parking area, it may only be driven at walking speed.

3.3.2 Not permitted in the parking are:

• smoking and the use of fire,
• the storage of fuel, fuel tanks and flammable objects,
• the unnecessary running of motors,
• the parking of vehicles with leaking tank or carburetor,
• refueling, repairing, washing, cleaning the inside of vehicles,
• draining cooling water, fuel or oils,
• the distribution of advertising material.

3.3.3 Staying in the parking area is only permitted for the purposes of parking, loading, unloading and collecting vehicles.

3.3.4 The lessee must immediately remove any impurities caused by him.

3.4.1 The amount of the parking fee to be paid and the permitted parking time are stated in the displayed, valid price list.

3.4.2 The maximum parking period is one month, unless a special agreement is reached in individual cases.

3.4.3 After expiration of the maximum parking period, the hotel is entitled to have the vehicle removed from the parking area at the expense of the lessee, provided that written notification of the lessee and / or vehicle owner has been given with a deadline of at least two weeks and no result or the value of the vehicle evidently does not exceed the due rent. The hotel is entitled to lease to the corresponding fee until the removal of the vehicle.

3.4.4 In the event of loss of the parking ticket, at least the fee of a day’s lease is payable, unless the lessee proves a shorter parking time or the hotel proves a longer parking time.

3.4.5 The hotel may check the authorization to pick up and use the vehicle. The parking ticket serves as proof; the lessee can provide other kind of evidence.

3.4.6 If the lessee uses more than one parking space with his vehicle, the hotel is entitled to charge the full parking fee for the number of parking spaces actually used.

3.5.1 The hotel is only liable for damages that were evindently caused by him or his agents intentionally or due to gross negligence. This limitation of liability does not apply in the event of injury to life, body or health or in the event of a breach of material contractual obligations.

3.5.2 The lessee is obliged to report any damage to his vehicle to the hotel without delay.

3.5.3 The hotel excludes all liability for damages caused by other lessees or other third parties. This applies in particular to damage, destruction or theft of the parked vehicle or movable/installed objects from the vehicle or objects unattached to the vehicle.

3.5.4 If the lessee is a hotel guest and the hotel takes over the parking or pick-up of the vehicle at the request of the lessee, this also does not constitute a safekeeping contract or monitoring obligation, since this is merely a courtesy of the hotel to the guest. Damage caused to other vehicles or property must be settled through the vehicle’s liability insurance of the lessee/vehicle owner. Furthermore, the hotel and the driver commissioned by the hotel are not liable for the damages incurred directly on the vehicle of the lessee or for any financial disadvantages in connection with the settlement of the damage to the other vehicles or property through the lessee/vehicle owner’s liability insurance (deductibles, premium increases, etc.), unless the driver commissioned by the hotel caused the damage intentionally or due to gross negligence or if the damage was caused by injury to life, body or health.

3.6.1 The lessee shall be liable for damages culpably inflicted on the Hotel by himself, his agents, his representatives or accompanying persons. He is obliged to automatically report such damage to the hotel before leaving the parking area.

3.6.2 The lessee is liable for the cleaning costs in case of contamination of the parking area caused by him within the scope of clause 3.3.2.

3.7.1 The hotel is entitled to a right of retention and legal lien on the parked vehicle of the lessee for its claims arising from the lease.

3.7.2 The hotel is entitled to remove and/or use vehicles or trailers without an official license plate after issuing a warning to the lessee/vehicle owner and having him not comply with it after a reasonable deadline set by the hotel. Such warning and deadline are not required if the lessee/vehicle owner could not be determined, even after reasonable measures. The lessee/vehicle owner is entitled to any proceeds of sale minus the expenses and the parking fee up to the time the vehicle was removed.

3.7.3 Without prejudice to the rights under 3.7.1 and 3.7.2, the lessee is liable to the hotel for all expenses.