Terms and Conditions | Heidehotel Lubast

Terms and Conditions for the Hotel Accommodation Agreement and Events at the Heidehotel Lubast

(As of February 2025)

You can find the English version below.

I. SCOPE OF APPLICATION

These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging, as well as to all other services and supplies provided by the hotel to the guest in this context (hotel accommodation contract). The term “hotel accommodation contract” encompasses and replaces the following terms: lodging contract, guest accommodation contract, hotel contract, and hotel room contract.
The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the hotel’s prior written consent; in this regard, § 540(1), sentence 2 of the German Civil Code (BGB) is excluded, provided that the customer is not a consumer.
The customer’s general terms and conditions shall apply only if this has been expressly agreed in writing in advance.

II. CONCLUSION OF THE AGREEMENT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS

The contract is concluded upon the hotel’s acceptance of the customer’s request. The hotel is free to confirm the room reservation in writing.
The contracting parties are the hotel and the guest. If a third party has made the reservation on behalf of the guest, that third party is jointly and severally liable with the guest to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding statement from the third party.
All claims against the hotel generally become time-barred one year after the statutory limitation period begins. Claims for damages become time-barred after five years, regardless of when the hotel becomes aware of them, unless they arise from injury to life, limb, health, or personal liberty. Such claims for damages become time-barred after ten years, regardless of when the hotel becomes aware of them. The
The shortened statute of limitations does not apply to claims arising from a breach of duty by the hotel that is intentional or due to gross negligence.

III. SERVICES, PRICES, PAYMENT, SETOFF

The hotel is obligated to keep the rooms reserved by the guest available and to provide the agreed-upon services.
The guest is obligated to pay the hotel the agreed-upon or applicable rates for the room and any additional services utilized. This also applies to services requested by the guest and expenses incurred by the hotel on behalf of third parties. The agreed-upon rates include the applicable sales tax.
The hotel may make its consent to a subsequent reduction requested by the guest in the number of rooms booked, the hotel’s services, or the length of the guest’s stay contingent upon an increase in the price of the rooms and/or the hotel’s other services.
Hotel invoices without a due date are payable in full within 10 days of receipt. The hotel may at any time demand immediate payment of due amounts from the customer. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently 8%, or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove that it has suffered greater damages.
The hotel is entitled to require the customer to make a reasonable advance payment or provide security in the form of a credit card guarantee, a deposit, or similar upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
In justified cases—such as a customer’s failure to pay or an expansion of the scope of the contract—the hotel is entitled, even after the contract has been concluded and up until the start of the stay, to demand an advance payment or security deposit as described in section 5 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon amount.
The hotel is also entitled to require the guest, at the beginning of and during the stay, to make a reasonable advance payment or provide security in accordance with Section 5 above for existing and future claims arising from the contract, provided that such payment or security has not already been provided in accordance with Sections 5 and/or 6 above.
The customer may set off or offset a claim against the hotel with an undisputed or final and binding claim.

IV. CUSTOMER CANCELLATION (CANCELLATION, WITHDRAWAL) / FAILURE TO UTILIZE THE HOTEL’S SERVICES (NO-SHOW)

The customer’s cancellation of the contract concluded with the hotel requires the hotel’s written consent. If such consent is not provided, the agreed price under the contract must be paid even if the customer does not make use of the contractual services.
If the hotel and the customer have agreed in writing on a deadline for canceling the contract free of charge, the customer may cancel the contract by that deadline without triggering any claims for payment or damages by the hotel. The customer’s right to cancel expires if the customer does not exercise this right in writing with the hotel by the agreed deadline.
If the customer does not use the reserved rooms, the hotel must offset the revenue from renting those rooms to other guests as well as the expenses saved. If the rooms are not rented to other guests, the hotel may demand the contractually agreed-upon payment and apply a flat-rate deduction for the hotel’s saved expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board, and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise in the amount claimed.

V. CANCELLATION BY THE HOTEL

If it has been contractually agreed that the customer may cancel the contract free of charge within a certain period, the hotel is entitled, during this period, to cancel the contract if it receives inquiries from other customers regarding the rooms booked under the contract and the customer does not waive their right to cancel upon the hotel’s request.
If an agreed advance payment or security deposit, or one required pursuant to Section III, paragraphs 5 and/or 6 above, is not provided even after the expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to terminate the contract.
Furthermore, the hotel is entitled to terminate the contract for cause for objectively justified reasons, for example if force majeure or other circumstances beyond the hotel’s control make performance of the contract impossible; or if rooms are booked through culpable misrepresentation or false statements regarding facts essential to the contract, such as the guest’s identity or the purpose of their stay; – the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational responsibility – the purpose or reason for the stay is unlawful– there is a violation of the above-mentioned Section 1, No. 2.
If the hotel cancels the reservation for a valid reason, the customer is not entitled to compensation.

VI. Room Preparation, Handover, and Return

The customer has no right to the provision of specific rooms unless this has been expressly agreed in writing.
Rooms reserved for the customer are available from 2:00 p.m. on the agreed arrival date. The customer is not entitled to check in earlier.
On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that time, the hotel may charge 50% of the full room rate (list price) for the use of the room beyond the terms of the contract until 6:00 p.m. and 100% after 6:00 p.m. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel has incurred no claim for usage fees or a significantly lower claim.
The hotels offer non-smoking rooms. Guests will be charged a flat fee of €120 for any additional cleaning costs incurred due to smoking in non-smoking rooms.
Guests are prohibited from taking any of the hotel’s furnishings or amenities, including towels and bathrobes, with them when leaving the hotel. Violations will result in a report of theft and claims for damages under civil law.

VII. LIABILITY OF THE HOTEL

The hotel is liable for its obligations under the contract. Claims by the guest for damages are excluded. This does not apply to damages resulting from injury to life, limb, or health if the hotel is responsible for the breach of duty. It also does not apply to other damages resulting from an intentional or grossly negligent breach of duty by the hotel, or damages resulting from an intentional or negligent breach of the hotel’s typical contractual obligations. A breach of duty by the hotel is equivalent to a breach by a legal representative or vicarious agent. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate complaint by the customer. The customer is obligated to contribute to the extent reasonably expected of them to resolve the disruption and minimize any potential damage.
The hotel is liable to the guest for items left in the hotel in accordance with statutory provisions. Under these provisions, liability is limited—solely in the event of burglary—to one hundred times the room rate, up to a maximum of €3,500; however, for cash, securities, and valuables, the maximum liability is €800. Cash, securities, and valuables may be stored in the hotel or room safe up to a maximum value of €10,000. The hotel recommends taking advantage of this option.
If a parking space is made available to the guest in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a contract of safekeeping. The hotel is not liable for the loss of or damage to motor vehicles parked or maneuvered on the hotel premises or their contents, except in cases of willful misconduct or gross negligence. The provision in paragraph 1, sentences 2 through 4 above applies accordingly to the exclusion of the customer’s claims for damages.
Wake-up calls are handled by the hotel with the utmost care. Messages, mail, and packages for guests are handled with care. The hotel will deliver, store, and—upon request and for a fee—forward such items. The provisions of paragraph 1, sentences 2 through 4 above apply mutatis mutandis to the exclusion of the guest’s claims for damages.
The hotel is not liable for credit card information that has been stolen or obtained through other criminal means.

VIII. FINAL PROVISIONS

Any amendments or additions to the contract of acceptance or these General Terms and Conditions must be made in writing. Unilateral amendments or additions made by the customer are invalid.
The place of performance and payment is the hotel's location.
The exclusive venue for litigation—including disputes involving checks and promissory notes—in commercial transactions is the hotel’s registered office. If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general venue within Germany, the venue shall be the hotel’s registered office.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded.
If any provision of these General Terms and Conditions is or becomes invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS

(VERSION: February 2014)

I. SCOPE OF APPLICABILITY

These Terms and Conditions govern contracts for the rental of hotel rooms for lodging purposes, as well as all other goods and services provided by the hotel to the customer in this connection (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” encompasses and replaces the following terms: accommodation, lodging, hotel, and hotel room contract.
The hotel’s prior written consent is required if the rooms provided are to be sublet, rented to third parties, or used for purposes other than lodging; in such cases, the provisions of Section 540(1), second sentence, of the German Civil Code do not apply if the customer is not a consumer.
The customer’s general terms and conditions shall apply only if they have been expressly agreed upon in writing in advance.

II. FORMATION OF THE CONTRACT, PARTIES, STATUTE OF LIMITATIONS

The contract shall take effect upon the hotel’s acceptance of the customer’s request. At its discretion, the hotel may confirm the room reservation in writing.
The parties to the contract are the hotel and the customer. If a third party placed the order on behalf of the customer, that party shall be jointly and severally liable with the customer to the hotel for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding statement from the third party.
Claims against the hotel generally become time-barred one year after the commencement of the general statute of limitations period. Claims for damages become time-barred after five years, regardless of whether the hotel was aware of the claim, unless they arise from death, bodily injury, harm to health, or deprivation of liberty. Such claims for damages become time-barred after ten years, regardless of whether the hotel was aware of the claim.The reduction of the limitation periods shall not apply to claims based on an intentional or grossly negligent breach of obligation by the hotel.

III. SERVICES, PRICES, PAYMENT, SET-OFF

1The hotel is obligated to keep the rooms reserved by the customer available and to provide the agreed-upon services.
The customer is obligated to pay the agreed or applicable hotel rates for rooms provided and for other services used. This shall also apply to the hotel’s services and expenses incurred with third parties as a result of the customer’s actions. The agreed rates shall include the applicable statutory value-added tax.
The hotel may make its agreement to the customer’s subsequent request to reduce the number of reserved rooms, hotel services, or the length of stay contingent upon an increase in the price of the rooms and/or other services.
Hotel invoices that do not specify a due date are payable and due within ten days of receipt of the invoice, without any deductions. The hotel shall be entitled at any time to declare outstanding accounts receivable payable and due and to demand payment without undue delay. In the event of default, the hotel shall be entitled to charge the applicable statutory default interest, currently 8%, or, in the case of legal transactions with a consumer, 5% above the base interest rate. The hotel reserves the right to prove greater damages.
The hotel is entitled to require a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, an advance payment, etc. The amount of the advance payment and the payment dates may be agreed in writing in the contract. With regard to advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
In justified cases, such as the customer’s failure to pay or an expansion of the scope of the contract, the hotel shall be entitled, even after the conclusion of the contract and up until the start of the stay, to demand an advance payment or security deposit as defined in the aforementioned Section 5, or an increase in the advance payment or security deposit agreed upon in the contract up to the total agreed-upon amount.
Furthermore, the hotel shall be entitled, at the start of and during the customer’s stay, to demand a reasonable advance payment or security deposit, as defined in Section 5 above, to cover existing and future claims arising from the contract, provided that such payment has not already been made in accordance with Sections 5 and/or 6 above.
The customer may only set off, reduce, or settle a claim by the hotel against a claim that is undisputed or has been decided with final, res judicata effect.

IV. CANCELLATION BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO-SHOW)

Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If such consent is not given, the price agreed upon in the contract must be paid even if the customer does not make use of the contractual services.
To the extent that the hotel and the customer have agreed in writing on a date for free cancellation of the contract, the customer may cancel the contract up to that date without incurring any payment obligations or liability for damages on the part of the hotel. The customer’s right of cancellation shall expire if he does not exercise his right of cancellation in writing vis-à-vis the hotel by the agreed date.
If the customer does not use the rooms, the hotel must credit the income from renting the rooms to other parties as well as any savings on expenses. If the rooms are not otherwise rented, the hotel may demand the contractually agreed rate and charge a flat rate for the hotel’s savings on expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed rate for lodging with or without breakfast, 70% for room and half-board, and 60% for room and full-board arrangements. The customer is free to demonstrate that the aforementioned claim did not arise or did not arise in the amount demanded.

V. CANCELLATION BY THE HOTEL

To the extent that it has been agreed in writing that the customer may cancel the contract free of charge within a certain period, the hotel is entitled to cancel the contract during this period if there are inquiries from other customers regarding the rooms reserved under the contract and the customer, upon being asked to do so by the hotel, does not waive his right to cancel.
If an agreed advance payment or an advance payment or security deposit required pursuant to Section III, No. 5 and/or No. 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is likewise entitled to cancel the contract.
Furthermore, the hotel is entitled to terminate the contract for good cause, e.g., if force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract;- rooms and spaces are reserved using culpably misleading or false information regarding material contractual facts, such as the identity of the customer or the purpose of their stay;- the hotel has justifiable grounds to believe that the use of the hotel’s services might jeopardize the smooth operation of the hotel, its security, or its public reputation, without this being attributable to the hotel’s sphere of control or organization;- the purpose or reason for the stay is illegal;- there is a breach of the aforementioned clause I, No. 2 above.
The customer has no right to claim compensation for damages resulting from a justified cancellation by the hotel.

VI. ROOM AVAILABILITY, DELIVERY, AND RETURNS

The customer does not acquire the right to be assigned specific rooms unless this is expressly agreed in writing.
Rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer is not entitled to earlier access.
Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. After that time, on the grounds of delayed vacating of the room beyond the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100%). This shall not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel incurred no or significantly lower damages for use.
The hotels have non-smoking rooms. A flat fee of €120 will be charged to cover the additional cleaning costs incurred in non-smoking rooms where guests have smoked.
When checking out of the hotel, guests are prohibited from taking any of the hotel’s furnishings or other items, such as towels and bathrobes. In the event of a violation of this rule, the guest will be considered a thief and will be subject to civil liability for “claims for damages.”

VII. LIABILITY OF THE HOTEL

The hotel is liable for the performance of its obligations under the contract. Claims by the guest for compensation for damages are excluded, except for damages resulting from death, bodily injury, or harm to health where the hotel is responsible for the breach of obligation; other damages caused by an intentional or grossly negligent breach of obligation; and damages caused by an intentional or negligent breach of the hotel’s obligations that are typical for the contract. A breach of obligation by the hotel is deemed equivalent to a breach by a statutory representative or vicarious agent. Should disruptions or defects in the hotel’s performance occur, the hotel shall take steps to remedy them upon becoming aware of them or upon the customer’s objection made without undue delay. The customer shall be obliged to take reasonable steps to eliminate the disruption and to minimize any possible damage.
The hotel is liable to the guest for property brought into the hotel in accordance with the statutory provisions. Accordingly, in the event of theft by breaking and entering, liability is limited to one hundred times the room rate, but not exceeding €3,500.00; however, for cash, securities, and valuables, the maximum amount is €800.00. Cash, securities, and valuables with a total value of up to €10,000.00 may be stored in the hotel safe or room safe. The hotel recommends that guests take advantage of this option.
To the extent that a parking space is provided to the customer in the hotel garage or on the hotel parking lot, this does not constitute a custody agreement, even if a fee is charged. The hotel assumes no liability for loss of or damage to motor vehicles parked or maneuvered on the hotel’s property and their contents, except in cases of willful misconduct or gross negligence. To the exclusion of damage claims by the customer, the provisions of the aforementioned No. 1, sentences 2 through 4 above shall apply accordingly.
The hotel handles wake-up calls with the utmost care. Messages, mail, and packages for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (upon request). To preclude claims for damages by the guest, the provisions of paragraph 1, sentences 2 through 4 above shall apply accordingly.
The hotel is not liable for credit card details that have been stolen or obtained by any other illegal means

VIII. FINAL PROVISIONS

Any amendments or additions to the contract, the acceptance of applications, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are not valid.
The place of performance and payment is the hotel's location.
In the event of a dispute, including disputes concerning checks and promissory notes, the courts at the location of the hotel’s registered office under corporate law shall have exclusive jurisdiction over commercial transactions. To the extent that a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the hotel’s registered office under corporate law shall have jurisdiction.
This contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods and conflict-of-laws rules is excluded.
If any provision of these General Terms and Conditions is or becomes invalid or void, the validity of the remaining provisions shall remain unaffected. The applicable statutory provisions shall also apply.