GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION
CONTRACT (IHA) (LAST UPDATED: JULY 2008)

I. SCOPE
1. These General Terms and Conditions apply to contracts
governing the rental use of hotel rooms for accommodation
purposes and all other services provided by the hotel for
the Customer in this context (hotel accommodation
contract). The term “hotel accommodation contract”
includes and replaces the following terms: accommodation
contract, guest contract, hotel contract, hotel room
contract.
2. The subletting of rooms and their use for purposes other
than accommodation require the prior written consent of the
hotel, where Section 540, Paragraph 1, Clause 2 of the
German Civil Code is waived, as long as the Customer is not
a consumer.
3. The Customer’s General Terms and Conditions shall only
apply if an agreement to this effect is made in advance and
in writing.

II. CONCLUSION OF THE CONTRACT, CONTRACT PARTNERS,
LIMITATION PERIOD
1. The contract is concluded when the hotel accepts the
Customer’s application. The hotel may choose whether or
not to confirm the reservation in writing.
2. The contract partners are the hotel and the customer.
If a third party has made a reservation on behalf of the
customer, both he and the customer are joint debtors and
liable to the hotel for all obligations contained in the
hotel accommodation contract, as long as the hotel has
 received a statement from the third party to this effect.
3. All claims against the hotel are generally limited to
one year from the legal start of the limitation period.
Claims for compensation are limited to five years, regardless
of knowledge. The limitation period shall not be shortened for
claims based on a neglect of duty by the hotel with intent or
through gross negligence.

III. SERVICES, PRICES, PAYMENT, COMPENSATION
1. The hotel is obliged to keep the room booked by the customer
available and to provide the agreed services.
2. The customer is obliged to pay for accommodation and other
services he has requested at the prices agreed with or
applicable to the hotel. This also applies to services arranged
by the customer and expenses incurred by the hotel vis-à-vis
third parties. The prices agreed include the appropriate
statutory rate of VAT.
3. The hotel may make its consent to the customer’s request
to subsequently reduce the number of booked rooms, services
rendered by hotel or the duration of his stay dependent upon an
increase in price for the rooms and/or that for other services
rendered by the hotel.
4. Hotel invoices without a payment date should be paid in full
within 10 days of receipt of the invoice. The hotel may request
immediate payment of outstanding bills from the customer at any
time. If there is a delay in payment, the hotel is entitled to
apply the valid statutory rate of interest, amounting to 8% at
present, and for legal transactions in which a consumer is
involved, amounting to 5% above the basic interest rate. The
hotel reserves the right to provide evidence of greater damage.
5. Upon conclusion of the contract, the hotel is entitled to
request from the customer an appropriate advance payment or surety
in the form of a credit card guarantee, deposit or similar measure.
The amount of the advance payment and the payment dates can be
agreed in writing in the contract. Advance payments or sureties for
package deals do not affect legal provisions.
6. Where justified, e.g. if the customer falls into payment arrears,
the hotel is entitled after the contract is concluded and up until
the start of the customer’s stay to request an advance payment or
surety as outlined in item 5, or an increase in the contractually
agreed advance payment or surety up to the full agreed amount of
remuneration.
7. The hotel is also entitled at the start of and during the
customer's stay to request an appropriate advance payment or surety
as outlined in item 5 for existing and future receivables arising
from the contract, as long as such a payment has not already been
provided in accordance with item(s) 5 and/or 6.
8. The customer may only offset or reduce the hotel’s claim or
exercise right of retention with claims that are undisputed or
legally recognised.

IV. WITHDRAWAL ON THE PART OF THE CUSTOMER (CANCELLATION) / NON-USE
OF THE HOTEL’S SERVICES (NO-SHOW)
1. If the Customer wishes to withdraw from the contract concluded
with the hotel, he requires the hotel’s written consent to do so.
If such consent is not granted, the Customer must pay the
contractually agreed price, even if he does not make use of the
contractual services. This does not apply in the event of a violation
of the hotel’s obligation to exercise consideration of the Customer's
rights and interests if he can thereby no longer be reasonably
expected to adhere to the contract, or if he is due another legal
or contractual right of withdrawal.
2. If a deadline for cancellation without charge was agreed between
the hotel and the Customer, the Customer may, up until this time,
withdraw from the contract without giving rise to claims for
compensation by the hotel. The Customer shall no longer have a
contractual right of withdrawal if he has not exercised his right to
withdraw by notifying the hotel in writing, unless the Customer
withdraws in
accordance with Item IV, No. 1, Clause 3.
3. If the Customer does not make use of the rooms, the hotel must
take into account the income generated through the rental of the rooms
to another party and the expenses it has been spared. If the rooms are
not rented out to another party, the hotel may demand the contractually
agreed amount of remuneration and deduct a flat rate for the expenses it
has been spared. In this instance, the Customer must pay at least 90% of
the contractually agreed price for accommodation with or without breakfast,
70% for half-board arrangements and 60% for full-board arrangements.
The Customer may choose whether or not to provide evidence that the
aforementioned claim did not arise, or did not amount to the sum demanded.

V. WITHDRAWAL ON THE PART OF THE HOTEL
1. If it was agreed in writing that the customer may withdraw from the
contract without charge before a certain deadline, the hotel is within
this period entitled to withdraw from the contract if enquiries have
been received from other customers in respect of the contractually
booked rooms and the Customer does not waive his right to withdraw
upon further enquiry by the hotel.
2. If an advance payment or surety that was agreed or demanded in
accordance with Item III, Number(s) 5 and/or 6 has not been provided
after a deadline set by the hotel, the hotel is also entitled to withdraw
from the contract.
3. The hotel is also entitled to withdraw from the contract for justified
reasons, such as – acts of God or other circumstances not caused by the
hotel that make fulfilment of the contract impossible; - rooms booked
using misleading or incorrect information, e.g. the Customer’s identity
or the purpose of his stay; - the hotel has good reason to believe that
use of the hotel's service may pose a threat to the normal conduct of
business, safety or the public image of the hotel, and this is out of the
hotel’s control or responsibility; - infringement of Item I, Number 2
above.
4. If the hotel withdraws from the contract on justified grounds, the
customer may not file a claim for compensation.

VI. PROVISION, HANDOVER AND RETURN OF ROOMS
1. The customer does not have a claim to the provision of certain rooms.
2. Booked rooms will be available to the customer from 3 pm on the agreed
check-in date. The customer has no right to demand that rooms be available
earlier.
3. The customer shall vacate the rooms no later than 12 noon on the agreed
check-out date. If the customer does not vacate the rooms by this time,
the hotel may charge 50% of the full price of lodging (list price) up
until 6 pm and 100% thereafter due to use exceeding the contract This does
not give grounds for contractual claims on the part of the customer. He has
the right to provide evidence that the hotel has no claim or a substantially
smaller claim to remuneration.

VII. LIABILITY OF THE HOTEL
1. The hotel is liable for its contractual obligations with the diligence of
a prudent businessman. This does not constitute grounds for the customer to
file claims for compensation. This excludes damages caused by a neglect of
duty on the part of the hotel resulting in death, bodily injury or damage
to health, other damages resulting from a neglect of duty on the part of
the hotel with intent or through gross negligence, and damages resulting
from the hotel infringing its typical contractual obligations with intent
or through gross negligence. A neglect of duty by a legal representative or
vicarious agent of the hotel shall be considered a neglect of duty by the
hotel. Should the hotel’s services prove to be faulty or defective, the
hotel will make every effort to remedy them when it becomes aware of the
problem or if the Customer immediately objects. The Customer must provide
reasonable assistance to remedy the fault and keep potential damages low.
2. The Hotel is liable towards the Customer for his property in accordance
with legal provisions, i.e. for up to 100 times the price of the room, up
to a maximum of €3500; for money, bonds and valuables this is up to €800.
Money, bonds and valuables up to a maximum value of (€10 000) may be stored
in the hotel’s safe or the room safe. The hotel recommends making use of this
facility.
3. If a parking space in the hotel's garage or car park is made available to
the customer, whether free or for a fee, no contract is concluded. The hotel
is not liable for loss or damage of parked vehicles and their contents on the
hotel’s premises, except if this occurs through intent or gross negligence.
Number 1, Clauses 2 to 4 above apply accordingly.
4. The hotel shall exercise the necessary diligence with respect to the wake-up
call service. Messages, post and parcels for guests are treated with care. The
hotel shall take delivery of, store and – on request and for a fee  – redirect
the same. Number 1, Clauses 2 to 4 apply accordingly.

VIII. FINAL PROVISIONS
1. Changes or additions to the contract, the acceptance of the application or
these General Terms and Conditions for Hotel Accommodation should be made in
writing. Unilateral changes or additions made by the Customer are ineffective.
2. The place of fulfilment and payment is the hotel’s head office.
3. The sole court of jurisdiction for commercial transactions – and also for
cheque and exchange disputes – is the hotel’s registered head office. If a
contractual partner satisfies the condition of Section 38, Paragraph 2 of the
German Code of Civil Procedure and does not have a general place of jurisdiction
within Germany, the place of jurisdiction is the hotel's registered head office.
4. German law shall apply. This UN Convention on Contracts for the International
Sale of Goods and the rules of the conflict of laws shall not apply.
5. Should individual provisions in these General Terms and Conditions for the
hotel accommodation contract be or become ineffective or void, this shall not
affect the effectiveness of the other provisions. In all other respects, the
relevant legal provisions shall apply.