General Terms and Conditions

I. Scope of Applicability

1. These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and goods provided to the customer by the hotel.
2. The subletting or re-letting of the provided rooms as well as their use for purposes other than accommodation requires the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived, provided the customer is not a consumer.
3. The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II. Conclusion of Contract, Partners; Statute of Limitations

1. The contract is concluded upon the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in writing.
2. Contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, they are liable to the hotel together with the customer as joint debtors for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
3. All claims against the hotel generally expire one year from the start of the knowledge-dependent regular limitation period of § 199 paragraph 1 BGB. Claims for damages expire knowledge-independent in five years. The reductions of the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, Prices, Payment, Set-off

1. The hotel is obligated to keep the rooms booked by the customer available and to render the agreed services.
2. The customer is obligated to pay the applicable or agreed hotel prices for the room rental and other services used. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. The agreed prices include the respective statutory value-added tax. If the period between conclusion and fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 5%.
4. Prices can also be changed by the hotel if the customer subsequently requests changes in the number of booked rooms, the hotel's services, or the length of stay of the guests, and the hotel agrees.
5. Invoices of the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and demand immediate payment. In the event of default of payment, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, for legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove greater damage.
6. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer may only offset or reduce a claim by the hotel with an undisputed or legally binding claim.

IV. Withdrawal by the Customer (Cancellation, Annulment)

Failure to Use Hotel Services

1. A withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not use contractual services. This does not apply in the event of a breach of the hotel's obligation to consider the rights, objects of legal protection, and interests of the customer, if holding to the contract is no longer reasonable for the customer, or if another statutory or contractual right of withdrawal exists.
2. Provided that a date for free withdrawal from the contract was agreed in writing between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if they do not exercise their right to withdraw in writing to the hotel by the agreed date, unless a case of withdrawal by the customer according to number 1 sentence 3 exists.
3. For rooms not used by the customer, the hotel must credit the income from renting the rooms to other parties as well as the saved expenses.
4. The hotel is free to demand the contractually agreed compensation and to flat-rate the deduction for saved expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half-board, and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the demanded amount.

V. Withdrawal by the Hotel

1. If a free right of withdrawal by the customer within a certain period was agreed in writing, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive their right of withdrawal upon inquiry by the hotel.
2. If an agreed or demanded advance payment according to Clause III No. 6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to effect extraordinary withdrawal from the contract for objectively justified reasons, for example, if
   • •force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible;
   • •rooms are booked under misleading or false indication of essential facts, e.g. regarding the person of the customer or the purpose;
   • •the hotel has justified cause to believe that use of the hotel's services might jeopardize the smooth operation, security, or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
   • •there is a breach of Clause I No. 2 above.
4. If the hotel's withdrawal is justified, the customer has no claim for damages.

VI. Room Provision, Handover and Return

1. The customer does not acquire the right to be provided specific rooms.
2. Booked rooms are available to the customer from 3:00 PM on the agreed arrival date. The customer does not have the right to earlier availability.
3. On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 11:00 AM. After that, due to the delayed vacating of the room, the hotel can charge 50% of the full accommodation rate (list price) for its use beyond the contract until 6:00 PM, and 100% from 6:00 PM onwards. Contractual claims of the customer are not established hereby. The customer is free to prove that the hotel has incurred no or a significantly lower claim for usage compensation.

VII. Liability of the Hotel

1. The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Customer claims for damages are excluded. Excluded from this are damages from injury to life, body or health if the hotel is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the hotel, and damages that are based on an intentional or negligent breach of typical contractual duties by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to provide relief upon knowledge or immediate complaint by the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and keep any possible damage to a minimum.
2. The hotel is liable to the customer for items brought in according to the statutory provisions, i.e., up to one hundred times the room rate, a maximum of € 3,500, and for cash, securities, and valuables up to € 800. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of loss, destruction, or damage (§ 703 BGB). For further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.
3. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on hotel property and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and merchandise deliveries for guests are handled with care. The hotel will undertake the delivery, storage, and - upon request - the forwarding of the same for a fee. The above number 1 sentences 2 to 4 apply accordingly.

VIII. Final Provisions

1. Changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction - also for check and bill of exchange disputes - in commercial transactions is the registered office of the hotel. If a contracting party fulfills the prerequisite of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
4. German law applies. The application of the UN Sales Convention and conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected. In all other respects, statutory provisions apply.

As of: 2026 | Kulturhotel Kaiserhof Bad Liebenstein, Esplanade 9, 36448 Bad Liebenstein