General Terms and Conditions – Hotel Landhaus Stricker
I. Scope
These terms and conditions apply to contracts for the temporary rental of hotel rooms for accommodation purposes, as well as to all additional services and deliveries provided by the hotel to the customer.
Subletting or re-letting the rooms provided, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
The customer's own terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II. Conclusion of Contract, Contractual Partners; Limitation Period
The contract comes into effect upon acceptance of the customer's request by the hotel. The hotel is free to confirm the room booking in writing.
Contractual partners are the hotel and the customer. If a third party has made a booking on behalf of the customer, that party shall be jointly and severally liable with the customer for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
All claims against the hotel shall generally become time-barred one year after the beginning of the statutory limitation period pursuant to Section 199 (1) BGB. Claims for damages shall become time-barred after five years, irrespective of knowledge. These reductions of limitation periods shall not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.
III. Services, Prices, Payment, Set-off
The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obligated to pay the applicable or agreed prices of the hotel for the provision of the rooms and any additional services used. This also applies to services and expenses incurred by the hotel on behalf of the customer vis-à-vis third parties.
The agreed prices include the applicable statutory VAT. If the period between conclusion and performance of the contract exceeds four months and the hotel’s general prices for such services increase, the hotel may reasonably increase the contractually agreed price by up to 5%.
Prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services, or the duration of stay, and the hotel agrees to such changes.
The customer may only offset or reduce claims of the hotel with undisputed or legally binding claims.
The hotel is entitled to request a reasonable advance payment or security deposit at the time of contract conclusion or thereafter, taking into account the legal provisions for package travel. The amount and due dates may be agreed in writing in the contract.
IV. Withdrawal by the Customer (Cancellation) / Non-Utilization of Hotel Services
Withdrawal by the customer from the contract concluded with the hotel requires written form and the hotel’s written consent. If this is not obtained, the agreed price must be paid even if the customer does not use contractual services. This does not apply if the hotel breaches its obligation to respect the customer’s rights, legal interests, and assets, making it unreasonable for the customer to adhere to the contract, or if another statutory or contractual right of withdrawal exists.
If a deadline for free cancellation has been agreed in writing, the customer may withdraw from the contract until that time without triggering payment or compensation claims by the hotel. The right of withdrawal expires if it is not exercised in writing by the agreed date, unless a case under paragraph 1 sentence 3 applies.
In the case of unused rooms, the hotel must offset income from alternative rentals as well as saved expenses.
Cancellation policy:
- Free cancellation up to 30 days before arrival
- 30–0 days before arrival: 80% of the agreed services will be charged
The customer is free to prove that no or significantly lower damages have been incurred.
V. Withdrawal by the Hotel
If a free cancellation right has been agreed within a certain period, the hotel is also entitled to withdraw from the contract during this period if requests from other customers exist for the booked rooms and the customer does not waive their right to cancel upon inquiry by the hotel.
If an agreed advance payment or a payment requested under 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.
Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if:
- force majeure or other circumstances beyond the hotel’s control make contract fulfillment impossible;
- rooms are booked under misleading or false statements regarding essential facts, e.g., the identity of the customer or the purpose of the stay;
- the hotel has justified reason to believe that the use of its services may jeopardize smooth business operations, safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control;
- there is a violation of Clause I No. 2.
In the event of justified withdrawal by the hotel, the customer shall have no claim for damages.
VI. Room Provision, Handover, and Return
The customer does not acquire a right to specific rooms.
Booked rooms are available from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
On the agreed departure date, rooms must be vacated and made available to the hotel no later than 12:00 noon. In the event of delayed departure, the hotel may charge 50% of the full room rate (list price) for use until 6:00 p.m., and 100% thereafter. This does not establish contractual claims for the customer. The customer is free to prove that no or significantly lower usage fee has arisen.
VII. Liability of the Hotel
The hotel is liable for its contractual obligations with the diligence of a prudent businessperson. Claims for damages by the customer are excluded, except in cases of injury to life, body, or health attributable to the hotel, or in cases of damages resulting from intentional or grossly negligent breaches of duty, as well as breaches of essential contractual obligations. The same applies to breaches by legal representatives or agents of the hotel.
In the event of disruptions or defects in hotel services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint by the customer. The customer is obliged to contribute reasonably to remedying the disruption and minimizing possible damage.
The hotel is liable for items brought in by the customer in accordance with statutory provisions, up to 100 times the room rate per day, but at least €600 and at most €3,500; for money, securities, and valuables, the maximum is €800. Liability claims expire if the customer does not immediately notify the hotel upon becoming aware of loss, destruction, or damage (Section 703 BGB).
If a parking space in the hotel garage or on a hotel parking lot is provided, even for a fee, no safekeeping contract is concluded. The hotel is not liable for loss or damage to vehicles parked or maneuvered on hotel premises and their contents, except in cases of intent or gross negligence.
Wake-up calls are carried out with the utmost care.
Messages, mail, and goods for guests are handled with care. The hotel undertakes delivery, storage, and—upon request and for a fee—forwarding. The above liability limitations apply accordingly.
VIII. Other Provisions
Charging batteries of electric bicycles (e-bikes/pedelecs) and comparable lithium-ion batteries (e.g., e-scooters) in hotel rooms is prohibited for fire safety reasons. This applies to both charging the batteries and operating the associated chargers in hotel rooms.
In the event of violations, the hotel is entitled to take appropriate measures to prevent danger. This includes, in particular, prohibiting the charging process and— in the case of serious or repeated violations—terminating the accommodation contract for good cause. The guest is liable in accordance with statutory provisions for damages caused by a violation of this rule.
This regulation serves fire protection and the safety of all guests and is based on recognized loss prevention standards (e.g., VdS 3471).
IX. Final Provisions
Amendments or additions to the contract, the acceptance of the application, or these terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
Place of performance and payment is the hotel’s registered office.
In commercial transactions, the exclusive place of jurisdiction—including for disputes involving checks and bills of exchange—is the hotel’s registered office. If a contractual partner meets the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the hotel’s registered office shall be the place of jurisdiction.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules is excluded.
Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected. Otherwise, statutory provisions shall apply.