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General Business Conditions

The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference.
© Hotelverband Deutschland (IHA) e.V. Version: November 2014
GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS (VERSION: NOVEMBER 2014)
1 SCOPE OF APPLICABILITY
1.1 These terms and conditions govern contracts for the rental use of hotel rooms for
lodging purposes, as well as all other goods and services rendered by the hotel to
the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation
Contract” comprises and replaces the following terms: accommodation,
lodging, hotel, hotel room contract.
1.2 The hotel’s prior consent in written form is required if rooms provided are to be
sublet or rented to a third party, or used for other than lodging purposes, whereby
section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the
customer is not a consumer.
1.3 The customer’s general terms and conditions shall apply only if these are previously
expressly agreed.
2 CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
2.1 The hotel and the customer are the contracting parties. The contract shall come into
force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel
may confirm the room reservation in written form.
2.2 Any claims against the hotel shall generally be time-barred one year after the
commencement of the general statute of limitations period. This shall neither apply
to damage claims nor to claims which are based on an intentional or grossly negligent
breach of obligation by the hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to keep the rooms reserved by the customer available and to
render the agreed services.
3.2 The customer is obligated to pay the agreed or applicable hotel prices for rooms
provided and for other services accepted. This also applies to services ordered by
the customer directly or via the hotel, which a third party provides and the hotel disburses.
3.3 The agreed prices include all taxes and local taxes in effect at the time of the
conclusion of contract. This does not include locally levied taxes, which are owed by
the guest himself according to the particular municipal law, such as visitor’s tax.
If the statutory value added tax is changed or if local taxes concerning the rooms
and services are newly introduced, changed or abolished after these have been
contractually agreed upon, the prices will be adjusted. This only applies to contracts
concluded with consumers, if four months have passed between the conclusion and
fulfilment of the contract.
3.4 The hotel can make its consent to the customer’s later request for a reduction of the
number of reserved rooms, services of the hotel or the customer’s length of stay
dependent on the increase of the price for the rooms and/or for the other services.
3.5 Hotel invoices not stating a due date are payable without deduction and due within
ten days of receipt of the invoice. The hotel can demand immediate payment of due
debt from the customer. The statutory rules concerning the consequences of default
of payment apply. The hotel reserves the right to prove greater damage.
3.6 The hotel is entitled to require a reasonable advance payment or a security, such as
a credit card guarantee, from the customer upon conclusion of the contract. The
amount of the advance payment and payment dates may be agreed in written form
in the contract. The statutory provisions shall remain unaffected with advance payments
or a security for package tours. The statutory rules concerning the consequences
of default of payment apply.
3.7 In justified cases, e.g. the customer’s default in payment or expansion of the scope
of the contract, the hotel shall be entitled, also after the conclusion of the contract
up to the commencement of the stay, to demand an advance payment or a security
within the meaning of the above-mentioned No. 3.6 or an increase of the advance
payment or a security agreed in the contract up to the total agreed remuneration.
3.8 Furthermore, the hotel shall be entitled, at the commencement and during the
customer’s stay, to demand a reasonable advance payment or security deposit within
the meaning of the above-mentioned No. 3.6 for existing and future accounts receivable
from the contract, insofar as such has not already been paid pursuant to
the above-mentioned No. 3.6 and/or No. 3.7.
3.9 The customer may only set-off, reduce or clear a claim by the hotel with a claim
which is undisputed or decided with final, res judicata effect.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/
FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the hotel, if a right
of withdrawal was explicitly agreed upon in the contract, another statutory right of
withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual
agreement of a right of withdrawal as well as the consent to withdrawal from the contract
shall be in written from.
4.2 Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal
from the contract, the customer may withdraw from the contract up to that
date without incurring payment or damage compensation claims by the hotel. The
customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal
vis-à-vis the hotel by the agreed date.
4.3 If a contractual right of withdrawal was not agreed or has expired, a statutory right of
withdrawal or cancellation is not given and the hotel does not give its consent to the
cancellation of the contract the agreed hotel services shall be paid regardless of
whether the customer avails himself of the contractual services.The hotel must credit
the income from renting the rooms to other parties as well as for saved expenses.
If the rooms are not rented otherwise, the hotel can demand the contractually
agreed rate and assess a lump sum for the saved expenses of the hotel. In this
case, the customer is obligated to pay at least 90% of the contractually agreed rate
for lodging with or without breakfast as well as all-inclusive arrangements with contracted
services, 70% for half-board and 60% for full-board arrangements. The customer
is entitled to prove that the above-mentioned claim has not accrued at all or
has not amounted to the demanded sum.
5 WITHDRAWAL OF THE HOTEL
5.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost
within a certain period of time, the hotel is entitled for its part to withdraw from the
contract during this period of time if inquiries from other customers regarding the
contractually reserved rooms exist and the customer, upon inquiry thereof by the
hotel with a reasonable deadline set, does not waive his right of withdrawal.
5.2 If an agreed advance payment or an advance payment or a security demanded
pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period
set by the hotel has expired, then the hotel is likewise entitled to withdraw from the
contract.
5.3 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract
for a materially justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfillment
of the contract impossible;
- rooms or spaces are reserved with culpably misleading or false information or
concealment regarding essential facts; the identity or solvency of the customer or
the purpose of his stay can constitute essential facts;
- the hotel has justified cause to believe that use of the hotel’s services might jeopardize
the smooth operation of the hotel, its security or public reputation, without
being attributable to the hotel’s sphere of control or organization;
- the purpose or the cause of the stay is illegal;
- there is a breach of the above-mentioned No. 1.2.
5.4 The justified withdrawal by the hotel constitutes no claims for damages for the
customer.
6 ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The customer does not acquire the right to be provided specific rooms insofar as
this is not expressly agreed.
6.2 Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed
arrival date. The customer does not have the right to earlier availability.
6.3 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 the delayed vacating
of the room for use exceeding 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.: 90%). Contractual claims of the customer shall not be established
hereby. The customer is at liberty to prove that the hotel has no or a much
lower claim for charges for use of the room.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for harm inflicted on life, limb and physical health. Further it is
liable for other damage caused with full intent or gross negligence or due to intentional
or grossly negligent violation of obligations typical for the contract. A breach of
obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative
or vicarious agent. All other claims for damages are excluded, if not determined
differently in this No. 7. Should disruptions or defects in the performance of
the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon
objection by the customer made without undue delay. The customer shall be obliged
to undertake actions reasonable for him to eliminate the disruption and to keep any
possible damage to a minimum.
7.2 The hotel is liable to the customer for property brought into the hotel in accordance
with the statutory provisions. It recommends the use of the hotel or room safe. If the
guest wishes to bring with him money, securities, stocks, bonds or valuables with a
value of more than 800 EUR or other things with a value of more than 3500 EUR, a
separate safekeeping agreement is necessary.
7.3 Insofar as a parking space is provided to the customer in the hotel garage or a hotel
parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged.
The hotel only assumes liability for loss of or damage to motor vehicles
parked or manoeuvred on the hotel’s property and the contents thereof only pursuant
to the preceding No. 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the greatest possible diligence.
Messages, mail, and merchandise deliveries for guests shall be handled with care.
The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel
only assumes liability according to the preceding No. 7, sentences 1 to 4.
8 FINAL PROVISIONS
8.1 Amendments and supplements to the contract, the acceptance of offers or these
general terms and conditions should be made in written form. Unilateral amendments
or supplements by the customer are invalid.
8.2 For commercial transactions the place of performance and payment as well as, in
the event of litigation, including disputes for checks and bills of exchange, the exclusive
court of jurisdiction is at [Bitte Ort eintragen, wahlweise Standort des Hotels
oder Sitz der Betreibergesellschaft]. Insofar as a contracting party fulfills the requirements
of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and
does not have a place of general jurisdiction within the country, the courts at [Bitte
Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreibergesellschaft]
shall have exclusive jurisdiction.
8.3 The contract is governed by and shall be construed in accordance with German law.
The application of the UN Convention on the International Sale of Goods and Conflict
Law are precluded.
8.4 Should individual provisions of these general terms and conditions be or become
invalid or void, the validity of the remaining provisions shall remain unaffected
thereby. The statutory provisions shall also be applicable.

The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference.
GENERAL TERMS AND CONDITIONS FOR EVENTS (VERSION: NOVEMBER 2014)
1 SCOPE OF APPLICABILITY
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 all other additional services and goods performed/
provided in connection therewith by the hotel for the customer.
1.2 The hotel’s prior consent in written form is required if the rooms, areas, or display cases
are to be rented or sublet to a third party, or if invitations are issued for introductory inter -
views, sales promotions, or similar events, whereby section 540, para. 1, sentence 2 Ger -
man Civil Code (BGB) is waived insofar as the customer is not a consumer.
1.3 The customer’s general terms and conditions shall apply only if this is previously expressly
agreed.
2 CONCLUSION OF CONTRACT, PARTIES, LIABILITY, STATUTE OF LIMITATIONS
2.1 The hotel and the customer are the contracting parties. The contract shall come into force
upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm
the room reservation in written form.
2.2 The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for
other damage caused with full intent or gross negligence or due to intentional or grossly
negligent violation of obligations typical for the contract. A breach of obligation of the hotel
is deemed to be the equivalent to a breach of a statutory representative or vicarious agent.
All other claims for damages are excluded, if not determined differently in this No. 9.
Should disruptions or defects in the performance of the hotel occur, the hotel shall act to
remedy such upon knowledge thereof or upon objection by the customer made without undue
delay. The customer shall be obliged to undertake actions reasonable for him to eliminate
the disruption and to keep any possible damage to a minimum. In addition, the customer
shall be obliged to notify the hotel in due time if there is a possibility that extraordinarily
extensive damage may be incurred.
2.3 Any claims against the hotel shall generally be time-barred one year after the commencement
of the general statute of limitations period. This shall neither apply to damage claims
nor to claims which are based on an intentional or grossly negligent breach of obligation by
the hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to render the services ordered by the customer and agreed upon by
the hotel.
3.2 The customer is obligated to pay the agreed or applicable hotel prices for rooms provided
and for other services accepted. This also applies to services ordered by the customer directly
or via the hotel, which a third party provides and the hotel disburses. In particular, this
applies to claims of copyright collecting agencies.
3.3 The agreed prices include all taxes in effect at the time of the conclusion of the contract.
If the statutory value added tax is changed or if local taxes concerning the services are
newly introduced, changed or abolished after these have been contractually agreed upon,
the prices will be adjusted.This only applies to contracts concluded with consumers, if four
months have passed between the conclusion and fulfilment of the contract.
3.4 Hotel invoices not stating a due date are payable without deduction and due within ten
days of receipt of the invoice. The statutory rules concerning the consequences of default
of payment apply. The hotel reserves the right to prove greater damage.
3.5 The hotel is entitled to require a reasonable advance payment or a security, such as a
credit card guarantee, from the customer upon conclusion of the contract. The amount of
the advance payment and payment dates may be agreed in written form in the contract.
The statutory rules concerning the consequences of default of payment apply.
3.6 In justified cases, e.g. the customer’s default in payment or expansion of the scope of the
contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement
of the event, to demand an advance payment or a security within the meaning
of the above-mentioned No. 3.5 or an increase of the advance payment or a security
agreed in the contract up to the total agreed remuneration.
3.7 The customer may only set-off, reduce or clear a claim of the hotel with a claim which is
undisputed or decided with final, res judicata effect.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)
4.1 The customer can only withdraw from the contract concluded with the hotel, if a right of
withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal
exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement
of a right of withdrawal as well as the consent to withdrawal from the contract shall be in
written from.
4.2 Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from
the contract, the customer may withdraw from the contract up to that date without incurring
payment or damage compensation claims by the hotel. The customer’s right of withdrawal
shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed
date.
4.3 If a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal
or cancellation is not given and the hotel does not give its consent to the cancellation
of the contract the agreed hotel services shall be paid regardless of whether the customer
avails himself of the contractual services. The hotel must credit the income from renting
the rooms to other parties as well as for saved expenses. Saved expenses can be as -
sessed in a lump sum according to No. 4.4, 4.5 and 4.6. The customer is entitled to prove
that the above-mentioned claim has not accrued at all or has not amounted to the demand -
ed sum. The hotel is at liberty to show that a higher claim has arisen.
4.4 If the customer withdraws from the contract between the eighth and fourth week prior to the
date of the event, the hotel shall be entitled to charge – in addition to the agreed rent –
35% of lost food sales (70% of food sales for any later cancellation).
4.5 Food sales are calculated using the following formula: agreed menu price x the number of
participants. If no price had yet been agreed for the menu, then the least expensive threecourse
menu in the current set of event offerings shall apply.
4.6 If a seminar flat rate per participant has been agreed, then the hotel shall be entitled to
charge, with a cancellation between the eighth and fourth week prior to the date of the
event, 60% of the seminar flat rate x the agreed number of participants (85% for any later
cancellation).
5 WITHDRAWAL OF THE HOTEL
5.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost within
a certain period of time, the hotel is entitled for its part to withdraw from the contract during
this period of time, if inquiries from other customers regarding the contractually reserved
event rooms exist and the customer, upon inquiry thereof by the hotel, does not waive his
right of withdrawal.
5.2 If an agreed advance payment or an advance payment or a security demanded pursuant to
No. 3.5 and/or No. 3.6 is not made even after a reasonable grace period set by the hotel
has expired, then the hotel is likewise entitled to withdraw from the contract.
5.3 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially
justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfilment of
the contract impossible;
- rooms or spaces are reserved with culpably misleading or false information or conceal -
ment regarding essential facts; the identity or solvency of the customer or the purpose
of his stay can constitute essential facts;
- the hotel has justified cause to believe that use of the hotel’s services might jeopardize
the smooth operation of the hotel, its security or public reputation, without being attributable
to the hotel’s sphere of control or organization;
- the purpose or the cause of the event is illegal;
- there is a breach of the above-mentioned No. 1.2.
5.4 The justified withdrawal by the hotel constitutes no claims for damages for the tour operator.
6 CHANGES IN NUMBER OF PARTICIPANTS AND TIME OF EVENT
6.1 An increase of the number of participants by more than 5% shall be communicated to the
hotel no later than five working days before the beginning of the event; the hotel must give
its consent, preferably in written form. The invoice will be calculated on the basis of the actual
number of participants and will be based on at least 95% of the agreed higher number
of participants. If the actual number of participants is lower, the customer has the right to
reduce the agreed price by the expenses saved - to be proven by him - due to the lower
number of participants.
6.2 A reduction in the number of participants of more than 5% should be communicated to the
hotel at an early stage but no later than five working days before the beginning of the
event. The invoice is based on the actual number of participants, at least 95% of the finally
agreed number of participants though. No. 6.1 sentence 3 applies accordingly.
6.3 If the number of participants changes by more than 10%, the hotel shall be entitled to ex -
change the confirmed room reservations (taking into account the possibly different room
rent) unless this is unreasonable for the customer.
6.4 If the event’s agreed starting or ending times change and the hotel agrees to such devia -
tions, the hotel may reasonably charge for the added cost of stand-by service, unless the
hotel is at fault.
7 BRINGING OF FOOD AND BEVERAGES
The customer may not bring food or beverages to events. Exceptions must be agreed with
the hotel. In such cases, a charge will be made to cover overhead expenses.
8 TECHNICAL FACILITIES AND CONNECTIONS
8.1 To the extent 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
shall indemnify the hotel against all third-party claims arising from the provision of
the facilities or equipment.
8.2 Consent is required for the use of the customer’s electrical systems on the hotel's electrical
circuit. The customer shall be liable for malfunctions of or damage to the hotel’s technical
facilities caused by using such equipment, to the extent that the hotel is not at fault. The
hotel may charge a flat fee for electricity costs incurred through such usage.
8.3 The customer is entitled to use his own telephone, fax, and data transfer equipment with
the hotel’s consent. The hotel may charge a connection fee.
8.4 If suitable hotel equipment remains unused because the customer’s own equipment is connected,
a charge may be made for lost revenue.
8.5 Malfunctions of technical or other equipment provided by the hotel will be remedied promptly
whenever possible. To the extent the hotel was not responsible for such malfunctions,
payment may not be withheld or reduced.
9 LOSS OF OR DAMAGE TO PROPERTY BROUGHT IN
9.1 Customer shall bear the risk of damage or loss of objects on exhibit or other items including
personal property brought into the event rooms/hotel. The hotel assumes no liability for
loss, destruction, or damage to or of such objects, also not for property damages, with the
exception of cases of gross negligence or intent on the part of the hotel. Excepted herefrom
are cases of damage caused as a result of harm inflicted on life, limb and physical health.
In addition, all cases in which the safekeeping represents a contractually typical obligation
due to the circumstances of the individual case, are excluded from this liability disclaimer.
9.2 Decorations brought in must conform to the fire protection technical requirements. The hotel
is entitled to require official evidence thereof. Should such proof not be given, then the
hotel shall be entitled to remove materials already brought in at the cost of the customer.
Due to the possibility of damage, the hotel must be asked before objects are assembled or
installed.
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 objects remain in the room used for the event, the hotel may charge a reasonable
compensation for use for the duration of withholding of the room.
10 CUSTOMER’S LIABILITY FOR DAMAGE
10.1 Insofar as the customer is an entrepreneur, he shall be liable for all damage to buildings or
furnishings caused by participants in or visitors to the event, employees, other third parties
associated with the customer and the customer itself.
10.2 The hotel may require the customer to provide reasonable security, such as a credit card
guarantee.
11 FINAL PROVISIONS
11.1 Amendments and supplements to the contract, the acceptance of offers, or these general
terms and conditions should be made in written form. Unilateral amendments or supplements
by the customer are invalid.
11.2 For commercial transactions the place of performance and payment as well as, in the event
of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction
is at [Bitte Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreiber -
gesellschaft des Hotels]. Insofar as a contracting party fulfills the requirement of section 38.
Para. 2 of the German Code of Civil Procedure (ZPO), and does not have a place of gener -
al jurisdiction within the country, the courts at [Bitte Ort eintragen, wahlweise Standort des
Hotels oder Sitz der Betreibergesellschaft des Hotels] shall have jurisdiction.
11.3 The contract is governed by and shall be construed in accordance with German law. The
application of the UN Convention on the International Sale of Goods and the Conflict Law
are precluded.
11.4 Should individual provisions of these general terms and conditions for Events be or become
invalid or void, the validity of the remaining provisions shall remain unaffected thereby.
The statutory provisions shall also be applicable.
© Hotelverband Deutschland (IHA) e.V. Version: November 2014

The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference.
GENERAL TERMS AND CONDITIONS FOR TOUR OPERATORS (SINGLE TRAVELLER - VERSION: NOVEMBER 2014)
1 SCOPE OF APPLICABILITY AND DEFINITIONS
1.1 These terms and conditions govern all contracts which are concluded between the hotel
and a tour operator related to hotel services for single travellers and/or travel groups
(Hotel Accommodation Contract). These shall not apply for the booking of rooms or
groups of rooms for events such as conferences, seminars, etc.
1.2 The term “Hotel Accommodation Contract” comprises and replaces the following terms:
reservation contract, group room contract, accommodation, lodging, hotel and hotel room
contract.
1.3 Hotel services are all services such as hotel room, meal arrangements and other offers
agreed upon between the tour operator and the hotel and to be performed by the hotel.
1.4 The customers of the tour operator for whom hotel services are booked are designated in
the following as “single traveller” or “travel group” (jointly also referred to as “guests”).
A travel group is comprised of at least 15 persons who are organized uniformly for one
joint trip purpose and who as a rule arrive and leave on the same day.
1.5 The general terms and conditions of the tour operator shall apply only if these are previ -
ously expressly agreed.
2 CONCLUSION OF CONTRACT AND STATUTE OF LIMITATIONS
2.1 The contract comes into force upon the hotel’s acceptance of the tour operator’s offer. At
its discretion, the hotel may confirm the reservation in written form.
2.2 Any claims against the hotel shall generally be time-barred one year after the commencement
of the general statute of limitations period. This shall neither apply to damage claims
nor to claims which are based on an intentional or grossly negligent breach of obligation
by the hotel.
3 RIGHTS AND OBLIGATIONS OF THE TOUR OPERATOR
3.1 The tour operator is obligated to notify the hotel of his number of reservations as early as
possible or upon demand. The hotel is to be informed hereof, however, at the latest 30
days before the arrival date. At the same time, all necessary information is to be given to
the hotel regarding the hotel services pursuant to No. 1.3 hereof.
3.2 The tour operator is obligated to pay the agreed prices or, if no prices are agreed, the listed
prices or, respectively, the normal prices of the hotel for the hotel services according
to No. 1.3 and the additional services it has received. This also applies to services ordered
by the tour operator directly or via the hotel, which a third party provides and the hotel
disburses.
3.3 The guests only have a claim to the hotel services pursuant to No. 1.3. The tour operator
is obligated to inform his guests of this fact and to obligate them to provide reasonable security
upon the request of the hotel, e.g. by deposit of credit card guarantees, for any use
of services in addition hereto. This shall apply also to guests who have vouchers/coupons.
Should no security be given by the guest in spite of respective request of the hotel and
should the guest fail to pay, then the services made use of shall be paid for by the tour op -
erator.
3.4 The tour operator must inform his guests regarding all circumstances and conditions relevant
for the stay, in particular, regarding the regulation related to liability of the hotel pur -
suant to No. 8 hereof.
3.5 The tour operator shall name a contact person to the hotel, upon the hotel’s request, who
shall represent this travel group for all questions related to the care of the tour operator’s
travel group.
4 RIGHTS AND OBLIGATIONS OF THE HOTEL
4.1 The hotel is entitled to require a reasonable advance payment or a security, such as a
credit card guarantee, from the tour operator upon conclusion of the contract. The amount
of the advance payment and payment dates may be agreed in written form in the contract.
The hotel shall confirm the receipt of an advance payment or a security.
4.2 In justified cases, e.g. default of payment by the tour operator or expansion of the scope
of the contract, the hotel shall be entitled, also after conclusion of the contract up to the
commencement of the stay, to demand an advance payment or a security within the
meaning of No. 4.1 hereof or an increase of the advance payment or a security agreed
upon in the contract up to the total agreed remuneration.
4.3 The hotel is not entitled to undertake unilateral changes to the agreed hotel services.
Changes shall only be legally valid with the consent of the tour operator.
4.4 The tour operator acquires no claim to the provision of certain rooms insofar as not ex -
pressly agreed.
4.5 Reserved rooms shall be available to the tour operator as of 3:00 p.m. on the agreed ar -
rival date. The tour operator does not have the right to earlier occupancy.
4.6 The rooms of the hotel shall be vacated on the agreed departure date by 12:00 p.m. at the
latest. Thereafter, due to the delayed vacating of the room for use exceeding the contrac -
tual time, the hotel can charge 50% of the full accommodation rate (list price) for the addi -
tional use of the room until 6:00 p.m. (after 6:00 p.m.: 90%). No contractual claims of the
tour operator shall be established hereby. The tour operator is at liberty to prove that the
hotel has no or a much lower claim for charges for use of the room.
5 PRICES, PAYMENT, SET-OFF
5.1 The agreed prices include all taxes and local taxes in effect at the time of the conclusion
of contract, insofar as prices were not expressly agreed upon without value added tax.
This does not include locally levied taxes, which are owed by the guest according to the
particular municipal law, such as visitor’s tax.
If the statutory value added tax is changed or if local taxes concerning the rooms and ser -
vices are newly introduced, changed or abolished after these have been contractually
agreed upon, the prices will be adjusted.
5.2 The agreed prices are only valid in connection with further services, which are offered to
the end customer bundled as a service package. They may not be offered to the end customer
or third parties as unit prices for single overnight stays (non-packages) through distribution
channels (in particular online). The tour operator is obligated to make all of its
partners and agents compliant with this clause.
5.3 Hotel invoices not stating a due date are payable without deduction and due within ten
days of receipt of the invoice. The hotel can demand immediate payment of due debt from
the tour operator at any time. The statutory rules concerning the consequences of default
of payment apply. The hotel reserves the right to prove greater damage.
5.4 The tour operator may only set-off or clear a claim of the hotel against a claim which is un -
disputed or decided with final, res judicata effect.
5.5 Agreements regarding any payment of a commission must be made either in the Hotel Accommodation
Contract or in an agreement to be concluded simultaneously. In the case
that more than one tour operator is responsible for the same reservation, the hotel shall
only have to pay the commission once.
6 WITHDRAWAL BY TOUR OPERATOR (CANCELLATION, ANNULMENT)/
FAILURE TO USE HOTEL SERVICES (NO SHOW)
6.1 The tour operator can only withdraw from the contract concluded with the hotel, if a right
of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal
exists or if the hotel gives its explicit consent to the withdrawal. The contractual
agreement of a right of withdrawal as well as the consent to withdrawal from the contract
shall be in written from.
6.2 Insofar the hotel and the tour operator have agreed upon a date for a cost-free withdrawal
from the contract, the tour operator may withdraw from the contract up to that date without
incurring payment or damage compensation claims by the hotel. The tour operator’s right
of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel
by the agreed date.
6.3 If a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal
or cancellation is not given and the hotel does not give its consent to the cancellation
of the contract the agreed hotel services shall be paid regardless of whether the cus -
tomer avails himself of the contractual services. The hotel must credit the income from
renting the rooms to other parties as well as for saved expenses. If the rooms are not rented
otherwise, the hotel can demand the contractually agreed rate and assess a lump sum
for the saved expenses of the hotel. In this case, the tour operator is obligated to pay at
least 90% of the contractually agreed rate for lodging with or without breakfast as well as
for all-inclusive arrangements with contracted services, 70% for half-board and 60% for fullboard
arrangements. The tour operator is entitled to prove that the above-mentioned claim
has not accrued at all or has not amounted to the demanded sum.
7 WITHDRAWAL BY HOTEL
7.1 Insofar as it was agreed that the tour operator can withdraw from the contract, in whole or
in part, at no cost within a certain period of time, the hotel is entitled for its part to withdraw
from the contract to the same extent during this period of time if inquiries from third parties
regarding the contractually reserved rooms exist and the tour operator, upon inquiry thereof
by the hotel with a reasonable deadline set, does not waive his right of withdrawal.
7.2 If an agreed advance payment or an advance payment or a security demanded pursuant to
No. 4.1 and/or No. 4.2 is not made even after a reasonable grace period set by the hotel
has expired, then the hotel is likewise entitled to withdraw from the contract.
7.3 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially
justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfilment of
the contract impossible;
- rooms or spaces are reserved with culpably misleading or false information or concealment
regarding essential facts; the identity or solvency of the customer or the purpose
of his stay can constitute essential facts;
- the hotel has justified cause to believe that use of the hotel’s services might jeopardize
the smooth operation of the hotel, its security or public reputation, without being attributable
to the hotel’s sphere of control or organization;
- the purpose or the cause of the stay is illegal.
7.4 The justified withdrawal by the hotel constitutes no claim for damages for the tour operator.
8 LIABILITY OF THE HOTEL
8.1 The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for
other damage caused with full intent or gross negligence or due to intentional or grossly
negligent violation of obligations typical for the contract. A breach of obligation of the hotel
is deemed to be the equivalent to a breach of a statutory representative or vicarious agent.
All other claims for damages are excluded, if not determined differently in this No. 8.
Should disruptions or defects in the performance of the hotel occur, the hotel shall act to
remedy such upon knowledge thereof or upon objection by the tour operator made without
undue delay. The tour operator or the guest shall be obliged to undertake actions reasonable
for him to eliminate the disruption and to keep any possible damage to a minimum.
8.2 The hotel is liable to the guest for property brought into the hotel in accordance with the
statutory provisions. It recommends the use of the hotel or room safe. If the guest wishes
to bring with him money, securities, stocks, bonds or valuables with a value of more than
800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping
agreement is necessary.
8.3 Insofar as a parking space is provided to the tour operator in the hotel garage or a hotel
parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged.
The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred
on the hotel’s property and the contents thereof only pursuant to the preceding
No. 8.1, sentences 1 to 4.
8.4 Wake-up calls are carried out by the hotel with greatest possible diligence.
Messages, mail, and merchandise deliveries for guests shall be handled with care. The
hotel will deliver, hold, and for a fee, forward such items (on request). The hotel only assumes
liability according to the preceding No. 8.1, sentences 1 to 4.
9 FINAL PROVISIONS
9.1 Amendments and supplements to the contract, the acceptance of offers or these general
terms and conditions should be made in written form. Unilateral amendments or supplements
by the tour operator are invalid.
9.2 For commercial transactions the place of performance and payment as well as, in the event
of litigation, including disputes for checks and bills of exchange, the exclusive court of juris -
diction is at [Bitte Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreibergesellschaft
des Hotels]. Insofar as a contracting party fulfills the requirements of section
38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of
general jurisdiction within the country, the courts at [Bitte Ort eintragen, wahlweise Standort
des Hotels oder Sitz der Betreibergesellschaft des Hotels] shall have jurisdiction.
9.3 The contract is governed by and shall be construed in accordance with German Law. The
application of the UN Convention on the International Sale of Goods and the Conflict Law
are precluded.
9.4 Should individual provisions of these general terms and conditions be or become invalid or
void, the validity of the remaining provisions shall remain unaffected thereby. The statutory
provisions shall also be applicable.
© Hotelverband Deutschland (IHA) e.V.
Version: November

The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference.
GENERAL TERMS AND CONDITIONS FOR TOUR OPERATORS (TRAVEL GROUPS - VERSION: NOVEMBER 2014)
1 SCOPE OF APPLICABILITY AND DEFINITIONS
1.1 These terms and conditions govern all contracts which are concluded between the hotel and a
tour operator related to hotel services for single travellers and/or travel groups (Hotel Accommodation
Contract). These shall not apply for the booking of rooms or groups of rooms for events such
as conferences, seminars, etc.
1.2 The term “Hotel Accommodation Contract” comprises and replaces the following terms: reservation
contract, group room contract, accommodation, lodging, hotel and hotel room contract.
1.3 Hotel services are all services such as hotel room, meal arrangements and other offers agreed
upon between the tour operator and the hotel and to be performed by the hotel.
1.4 The customers of the tour operator for whom hotel services are booked are designated in the fol -
lowing as “single traveller” or “travel group” (jointly also referred to as “guests”).
A travel group is comprised of at least 15 persons who are organized uniformly for one joint trip
purpose and who as a rule arrive and leave on the same day.
1.5 The general terms and conditions of the tour operator shall apply only if these are previously expressly
agreed.
2 CONCLUSION OF CONTRACT AND STATUTE OF LIMITATIONS
2.1 The contract comes into force upon the hotel’s acceptance of the tour operator’s offer. At its dis -
cretion, the hotel may confirm the reservation in written form.
2.2 Any claims against the hotel shall generally be time-barred one year after the commencement of
the general statute of limitations period. This shall neither apply to damage claims nor to claims
which are based on an intentional or grossly negligent breach of obligation by the hotel.
3 RIGHTS AND OBLIGATIONS OF THE TOUR OPERATOR
3.1 The tour operator is obligated to notify the hotel of his number of reservations as early as possible
or upon demand. The hotel is to be informed hereof, however, at the latest 30 days before the arrival
date. At the same time, all necessary information is to be given to the hotel regarding the
hotel services pursuant to No. 1.3 hereof.
3.2 The tour operator is obligated to pay the agreed prices or, if no prices are agreed, the listed prices
or, respectively, the normal prices of the hotel for the hotel services according to No. 1.3 and the
additional services it has received. This also applies to services ordered by the tour operator directly
or via the hotel, which a third party provides and the hotel disburses.
3.3 The guests only have a claim to the hotel services pursuant to No. 1.3. The tour operator is obligated
to inform his guests of this fact and to obligate them to provide reasonable security upon the
request of the hotel, e.g. by deposit of credit card guarantees, for any use of services in addition
hereto. This shall apply also to guests who have vouchers/coupons. Should no security be given
by the guest in spite of respective request of the hotel and should the guest fail to pay, then the
services made use of shall be paid for by the tour operator.
3.4 The tour operator must inform his guests regarding all circumstances and conditions relevant for
the stay, in particular, regarding the regulation related to liability of the hotel pursuant to No. 8
hereof.
3.5 The tour operator shall name a contact person to the hotel, upon the hotel’s request, who shall
represent this travel group for all questions related to the care of the tour operator’s travel group.
4 RIGHTS AND OBLIGATIONS OF THE HOTEL
4.1 The hotel is entitled to require a reasonable advance payment or a security, such as a credit card
guarantee, from the tour operator upon conclusion of the contract. The amount of the advance
payment and payment dates may be agreed in written form in the contract. The hotel shall confirm
the receipt of an advance payment or a security.
4.2 In justified cases, e.g. default of payment by the tour operator or expansion of the scope of the
contract, the hotel shall be entitled, also after conclusion of the contract up to the commencement
of the stay, to demand an advance payment or a security within the meaning of No. 4.1 hereof or
an increase of the advance payment or a security agreed upon in the contract up to the total
agreed remuneration.
4.3 The hotel is not entitled to undertake unilateral changes to the agreed hotel services. Changes
shall only be legally valid with the consent of the tour operator.
4.4 The tour operator acquires no claim to the provision of certain rooms insofar as not expressly
agreed.
4.5 Reserved rooms shall be available to the tour operator as of 3:00 p.m. on the agreed arrival date.
The tour operator does not have the right to earlier occupancy.
4.6 The rooms of the hotel shall be vacated on the agreed departure date by 12:00 p.m. at the latest.
Thereafter, due to the delayed vacating of the room for use exceeding the contractual time, the
hotel can 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.: 90%). No contractual claims of the tour operator shall be estab -
lished hereby. The tour operator is at liberty to prove that the hotel has no or a much lower claim
for charges for use of the room.
5 PRICES, PAYMENT, SET-OFF
5.1 The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract,
insofar as prices were not expressly agreed upon without value added tax. This does not in -
clude locally levied taxes, which are owed by the guest according to the particular municipal law,
such as visitor’s tax.
If the statutory value added tax is changed or if local taxes concerning the rooms and services are
newly introduced, changed or abolished after these have been contractually agreed upon, the
prices will be adjusted.
5.2 The agreed prices are only valid in connection with further services, which are offered to the end
customer bundled as a service package. They may not be offered to the end customer or third
parties as unit prices for single overnight stays (non-packages) through distribution channels (in
particular online). The tour operator is obligated to make all of its partners and agents compliant
with this clause.
5.3 Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt
of the invoice. The hotel can demand immediate payment of due debt from the tour operator
at any time. The statutory rules concerning the consequences of default of payment apply. The
hotel reserves the right to prove greater damage.
5.4 The tour operator may only set-off or clear a claim of the hotel against a claim which is undisputed
or decided with final, res judicata effect.
5.5 Agreements regarding any payment of a commission must be made either in the Hotel Accommodation
Contract or in an agreement to be concluded simultaneously. In the case that more than
one tour operator is responsible for the same reservation, the hotel shall only have to pay the
commission once.
6 WITHDRAWAL BY TOUR OPERATOR (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL
SERVICES (NO SHOW)
6.1 For Single Travellers:
6.1.1 The tour operator can only withdraw from the contract concluded with the hotel if a right of with -
drawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if
the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal
as well as the consent to withdrawal from the contract shall be in written from.
6.1.2 Insofar the hotel and the tour operator have agreed upon a date for a cost-free withdrawal from
the contract, the tour operator may withdraw from the contract up to that date without incurring
payment or damage compensation claims by the hotel. The tour operator’s right of withdrawal
shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
6.1.3 If a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or
cancellation is not given and the hotel does not give its consent to the cancellation of the contract
the agreed hotel services shall be paid regardless of whether the customer avails himself of the
contractual services. The hotel must credit the income from renting the rooms to other parties as
well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually
agreed rate and assess a lump sum for the saved expenses of the hotel. In this case,
the tour operator is obligated to pay at least 90% of the contractually agreed rate for lodging with
or without breakfast as well as for all-inclusive arrangements with contracted services, 70% for
room and half-board, and 60% for room and full-board arrangements. The tour operator is entitled
to prove that the above-mentioned claim has not accrued at all or has not amounted to the de -
manded sum.
6.2 For Travel Groups:
6.2.1 Insofar a further right of withdrawal from the contract was not explicitly agreed upon in the contract
or no other statutory right of withdrawal from the contract exists or the hotel does not give its ex -
plicit consent to the annulment of the contract, a withdrawal is only possible according to the fol -
lowing terms and conditions. The agreement of another right of withdrawal from the contract as well
as the consent to an annulment of the contract shall be in written form.
6.2.2 The tour operator is entitled to withdraw from the contract for travel groups concluded with the hotel
pursuant to No. 1.4:
- up to 90 days before arrival, 100% of the agreed total volume,
- up to 60 days before arrival, 50% of the agreed total volume (taking into consideration the afore
returned capacities, but only up to 50% of the originally agreed total capacity),
- up to 30 days before arrival, 25% of the agreed total volume (taking into consideration the afore
returned capacities, but only up to 50% of the originally agreed total capacity).
6.2.3 In order to calculate the deadline the day of arrival is not counted.
6.2.4 The tour operator’s right of withdrawal expires, if he does not exercise it up to the agreed date.
6.2.5 If a right of withdrawal was not agreed, has already expired or if the withdrawal occurs at a later
date or in a scope which is greater than permitted according to the contract, if no other right of withdrawal
or annulment exists or if the hotel does not give its consent to the annulment of the contract,
the hotel remains entitled to the contractually agreed rate, even if the rooms are not used. The
Hotel must credit the income from renting the rooms to other parties as well as saved expenses. If
the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess
a lump sum for the saved expenses of the hotel. In this case, the tour operator is obligated to pay at
least 90% of the contractually agreed rate for lodging with or without breakfast as well as packages
with contracted services, 70% for room and half-board, and 60% for room and full-board arrangements.
The tour operator is entitled to prove that the above-mentioned claim has not accrued at all
or has not amounted to the demanded sum.
7 WITHDRAWAL BY HOTEL
7.1 For Single Travellers:
7.1.1 Insofar as it was agreed that the tour operator can withdraw from the contract, in whole or in part, at
no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract
to the same extent during this period of time if inquiries from third parties regarding the contractually
reserved rooms exist and the tour operator, upon inquiry thereof by the hotel with a reasonable
deadline set, does not waive his right of withdrawal.
7.1.2 If an agreed advance payment or an advance payment or a security demanded pursuant to No. 4.1
and /or 4.2 is not made even after a reasonable grace period set by the hotel has expired, then the
hotel is likewise entitled to withdraw from the contract.
7.1.3 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially
justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract
impossible;
- rooms or spaces are reserved with culpably misleading or false information or concealment regarding
material facts; the identity of the tour operator or the guest can constitute an essential
fact as well as the solvency or the purpose of the stay;
- the hotel has justified cause to believe that use of the hotel’s services might jeopardize the
smooth operation of the hotel, its security or public reputation, without being attributable to the
hotel’s sphere of control or organization;
- the purpose or the cause of the stay is illegal.
7.1.4 The justified withdrawal by the hotel constitutes no claim for damages for the tour operator.
7.2 For Travel Groups:
7.2.1 Insofar as it was agreed in the contract that the tour operator can withdraw from the contract at no
cost, in whole or in part, within a certain period of time, the hotel is entitled for its part to withdraw
from the contract to the same extent during this period of time if inquiries from third parties regarding
the contractually reserved rooms exist and the tour operator, upon inquiry thereof by the hotel
with the setting of a reasonable deadline, does not waive his right of withdrawal.
7.2.2 Within the deadline named in No. 6.2.2, the hotel is also entitled to partially withdraw from the con -
tract at no cost and to the same extent as the tour operator, if also in this case the tour operator
waives his right of withdrawal.
7.2.3 If an agreed advance payment or an advance payment or a security demanded pursuant to No. 4.1
and/or No. 4.2 is not made even after a reasonable grace period set by the hotel has expired, then
the hotel is likewise entitled to withdraw from the contract.
7.2.4 Should the contractual obligation to provide information concerning the number of reservations pursuant
to No. 3.1 sentence 2 not be met or not be met in a timely manner, then the hotel is likewise
entitled to withdraw from the contract. Furthermore, the hotel shall be entitled to a right of withdrawal
in the case that the number of the guests reserved as a travel group is reduced to less than 15
(loss of group status pursuant to No. 1.4).
7.2.5 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially
justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract
impossible;
- rooms or spaces are reserved with culpably misleading or false information or concealment re -
garding essential facts; the identity or solvency of the customer or the purpose of his stay can
constitute essential facts; the hotel has justified cause to believe that use of the hotel’s services
might jeopardize the smooth operation of the hotel, its security or public reputation, without being
attributable to the hotel’s sphere of control or organization;
- the purpose or the cause of the stay is illegal.
7.2.6 The justified withdrawal by the hotel constitutes no claim for damages for the tour operator.
8 LIABILITY OF THE HOTEL
8.1 The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other
damage caused with full intent or gross negligence or due to intentional or grossly negligent viola -
tion of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the
equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages
are excluded, if not determined differently in this No. 8. Should disruptions or defects in the performance
of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection
by the tour operator made without undue delay. The tour operator or the guest shall be obliged
to undertake actions reasonable for him to eliminate the disruption and to keep any possible
damage to a minimum.
8.2 The hotel is liable to the guest for property brought into the hotel in accordance with the statutory
provisions. It recommends the use of the hotel or room safe. If the guest wishes to bring with him
money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things
with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.
8.3 Insofar as a parking space is provided to the tour operator in the hotel garage or a hotel parking lot,
this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel only assumes
liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s prop -
erty and the contents thereof only pursuant to the preceding No. 8.1, sentences 1 to 4.
8.4 Wake-up calls are carried out by the hotel with greatest possible diligence.
Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will
deliver, hold, and for a fee, forward such items (on request). The hotel only assumes liability ac -
cording to the preceding No. 8.1, sentences 1 to 4.
9 FINAL PROVISIONS
9.1 Amendments and supplements to the contract, the acceptance of offers or these general terms and
conditions should be made in written form. Unilateral amendments or supplements by the tour operator
are invalid.
9.2 For commercial transactions the place of performance and payment as well as, in the event of litigation,
including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at
[Bitte Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreibergesellschaft des Hotels].
Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of
Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the
courts at [Bitte Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreibergesellschaft
des Hotels] shall have jurisdiction.
9.3 The contract is governed by and shall be construed in accordance with German Law. The applica -
tion of the UN Convention on the International Sale of Goods and the Conflict Law are precluded.
9.4 Should individual provisions of these general terms and conditions be or become invalid or void, the
validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall
also be applicable.
© Hotelverband Deutschland (IHA) e.V.
Version: November 2014

The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference.
GENERAL TERMS AND CONDITIONS FOR TOUR OPERATORS (SINGLE TRAVELLERS AND TRAVEL GROUPS - VERSION: NOVEMBER 2014)
1 SCOPE OF APPLICABILITY AND DEFINITIONS
1.1 These terms and conditions govern all contracts which are concluded between the hotel and a
tour operator related to hotel services for single travellers and/or travel groups (Hotel Accommodation
Contract). These shall not apply for the booking of rooms or groups of rooms for events such
as conferences, seminars, etc.
1.2 The term “Hotel Accommodation Contract” comprises and replaces the following terms: reservation
contract, group room contract, accommodation, lodging, hotel and hotel room contract.
1.3 Hotel services are all services such as hotel room, meal arrangements and other offers agreed
upon between the tour operator and the hotel and to be performed by the hotel.
1.4 The customers of the tour operator for whom hotel services are booked are designated in the fol -
lowing as “single traveller” or “travel group” (jointly also referred to as “guests”).
A travel group is comprised of at least 15 persons who are organized uniformly for one joint trip
purpose and who as a rule arrive and leave on the same day.
1.5 The general terms and conditions of the tour operator shall apply only if these are previously expressly
agreed.
2 CONCLUSION OF CONTRACT AND STATUTE OF LIMITATIONS
2.1 The contract comes into force upon the hotel’s acceptance of the tour operator’s offer. At its dis -
cretion, the hotel may confirm the reservation in written form.
2.2 Any claims against the hotel shall generally be time-barred one year after the commencement of
the general statute of limitations period. This shall neither apply to damage claims nor to claims
which are based on an intentional or grossly negligent breach of obligation by the hotel.
3 RIGHTS AND OBLIGATIONS OF THE TOUR OPERATOR
3.1 The tour operator is obligated to notify the hotel of his number of reservations as early as possible
or upon demand. The hotel is to be informed hereof, however, at the latest 30 days before the arrival
date. At the same time, all necessary information is to be given to the hotel regarding the hotel
services pursuant to No. 1.3 hereof.
3.2 The tour operator is obligated to pay the agreed prices or, if no prices are agreed, the listed prices
or, respectively, the normal prices of the hotel for the hotel services according to No. 1.3 and the
additional services it has received. This also applies to services ordered by the tour operator di -
rectly or via the hotel, which a third party provides and the hotel disburses.
3.3 The guests only have a claim to the hotel services pursuant to No. 1.3. The tour operator is obli -
gated to inform his guests of this fact and to obligate them to provide reasonable security upon the
request of the hotel, e.g. by deposit of credit card guarantees, for any use of services in addition
hereto. This shall apply also to guests who have vouchers/coupons. Should no security be given
by the guest in spite of respective request of the hotel and should the guest fail to pay, then the
services made use of shall be paid for by the tour operator.
3.4 The tour operator must inform his guests regarding all circumstances and conditions relevant for
the stay, in particular, regarding the regulation related to liability of the hotel pursuant to No. 8
hereof.
3.5 The tour operator shall name a contact person to the hotel, upon the hotel’s request, who shall
represent this travel group for all questions related to the care of the tour operator’s travel group.
4 RIGHTS AND OBLIGATIONS OF THE HOTEL
4.1 The hotel is entitled to require a reasonable advance payment or a security, such as a credit card
guarantee, from the tour operator upon conclusion of the contract. The amount of the advance
payment and payment dates may be agreed in written form in the contract. The hotel shall confirm
the receipt of an advance payment or a security.
4.2 In justified cases, e.g. default of payment by the tour operator or expansion of the scope of the
contract, the hotel shall be entitled, also after conclusion of the contract up to the commencement
of the stay, to demand an advance payment or a security within the meaning of No. 4.1 hereof or
an increase of the advance payment or a security agreed upon in the contract up to the total
agreed remuneration.
4.3 The hotel is not entitled to undertake unilateral changes to the agreed hotel services. Changes
shall only be legally valid with the consent of the tour operator.
4.4 The tour operator acquires no claim to the provision of certain rooms insofar as not expressly
agreed.
4.5 Reserved rooms shall be available to the tour operator as of 3:00 p.m. on the agreed arrival date.
The tour operator does not have the right to earlier occupancy.
4.6 The rooms of the hotel shall be vacated on the agreed departure date by 12:00 p.m. at the latest.
Thereafter, due to the delayed vacating of the room for use exceeding the contractual time, the
hotel can 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.: 90%). No contractual claims of the tour operator shall be estab -
lished hereby. The tour operator is at liberty to prove that the hotel has no or a much lower claim
for charges for use of the room.
5 PRICES, PAYMENT, SET-OFF
5.1 The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract,
insofar as prices were not expressly agreed upon without value added tax. This does not in -
clude locally levied taxes, which are owed by the guest according to the particular municipal law,
such as visitor’s tax.
If the statutory value added tax is changed or if local taxes concerning the rooms and services are
newly introduced, changed or abolished after these have been contractually agreed upon, the
prices will be adjusted.
5.2 The agreed prices are only valid in connection with further services, which are offered to the end
customer bundled as a service package. They may not be offered to the end customer or third
parties as unit prices for single overnight stays (non-packages) through distribution channels (in
particular online). The tour operator is obligated to make all of its partners and agents compliant
with this clause.
5.3 Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt
of the invoice. The hotel can demand immediate payment of due debt from the tour operator
at any time. The statutory rules concerning the consequences of default of payment apply. The
hotel reserves the right to prove greater damage.
5.4 The tour operator may only set-off or clear a claim of the hotel against a claim which is undisputed
or decided with final, res judicata effect.
5.5 Agreements regarding any payment of a commission must be made either in the Hotel Accommodation
Contract or in an agreement to be concluded simultaneously. In the case that more than
one tour operator is responsible for the same reservation, the hotel shall only have to pay the
commission once.
6 WITHDRAWAL BY TOUR OPERATOR (CANCELLATION, ANNULMENT)/
FAILURE TO USE HOTEL SERVICES (NO SHOW)
6.1 For Single Travellers:
6.1.1 The tour operator can only withdraw from the contract concluded with the hotel if a right of with -
drawal was explicitly agreed upon in the contract. another statutory right of withdrawal exists or if
the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal
as well as the consent to withdrawal from the contract shall be in written from.
6.1.2 Insofar the hotel and the tour operator have agreed upon a date for a cost-free withdrawal from
the contract, the tour operator may withdraw from the contract up to that date without incurring
payment or damage compensation claims by the hotel. The tour operator’s right of withdrawal
shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
6.1.3 If a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or
cancellation is not given and the hotel does not give its consent to the cancellation of the contract
the agreed hotel services shall be paid regardless of whether the customer avails himself of the
contractual services. The hotel must credit the income from renting the rooms to other parties as
well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually
agreed rate and assess a lump sum for the saved expenses of the hotel. In this case,
the tour operator is obligated to pay at least 90% of the contractually agreed rate for lodging with
or without breakfast as well as for all-inclusive arrangements with contracted services, 70% for
half-board and 60% for full-board arrangements. The tour operator is entitled to prove that the
above-mentioned claim has not accrued at all or has not amounted to the demanded sum.
6.2 For Travel Groups:
6.2.1 Insofar a further right of withdrawal from the contract was not explicitly agreed upon in the contract
or no other statutory right of withdrawal from the contract exists or the hotel does not give its ex -
plicit consent to the annulment of the contract, a withdrawal is only possible according to the fol -
lowing terms and conditions. The agreement of another right of withdrawal from the contract as well
as the consent to an annulment of the contract shall be in written form.
6.2.2 The tour operator is entitled to withdraw from the contract for travel groups concluded with the hotel
according to No. 1.4:
- up to 90 days before arrival, 100% of the agreed total volume,
- up to 60 days before arrival, 50% of the agreed total volume,
- up to 30 days before arrival, 25% of the agreed total volume.
6.2.3 The right of withdrawal can only be exercised once. In order to calculate the deadline the day of arrival
is not counted.
6.2.4 The tour operator’s right of withdrawal expires if he does not exercise it up to the agreed date.
6.2.5 If a right of withdrawal was not agreed, has already expired or if the withdrawal occurs at a later
date or in a scope which is greater than permitted according to the contract, if no other right of withdrawal
or annulment exists or if the hotel does not give its consent to the annulment of the contract,
the hotel remains entitled to the contractually agreed rate, even if the rooms are not used. The hotel
must credit the income from renting the rooms to other parties as well as saved expenses. If the
rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a
lump sum for the saved expenses of the hotel. In this case, the tour operator is obligated to pay at
least 90% of the contractually agreed rate for lodging with or without breakfast as well as packages
with contracted services, 70% for room and half-board, and 60% for room and full-board arrangements.
The tour operator is entitled to prove that the above-mentioned claim has not accrued at all
or has not amounted to the demanded sum.
7 WITHDRAWAL BY HOTEL
7.1 For Single Travellers:
7.1.1 Insofar as it was agreed that the tour operator can withdraw from the contract, in whole or in part, at
no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract
to the same extent during this period of time if inquiries from third parties regarding the contractually
reserved rooms exist and the tour operator, upon inquiry thereof by the hotel with a reasonable
deadline set, does not waive his right of withdrawal.
7.1.2 If an agreed advance payment or an advance payment or a security demanded pursuant to No. 4.1
and/or No. 4.2 is not made even after a reasonable grace period set by the hotel has expired, then
the hotel is likewise entitled to withdraw from the contract.
7.1.3 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially
justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract
impossible;
- rooms or spaces are reserved with culpably misleading or false information or concealment regarding
essential facts the identity or solvency of the customer or the purpose of his stay can
constitute essential facts; the hotel has justified cause to believe that use of the hotel’s services
might jeopardize the smooth operation of the hotel, its security or public reputation, without being
attributable to the hotel’s sphere of control or organization;
- the purpose or the cause of the stay is illegal.
7.1.4 The justified withdrawal by the hotel constitutes no claims for damages for the tour operator.
7.2 For Travel Groups:
7.2.1 Insofar as it was agreed in the contract that the tour operator can withdraw from the contract at no
cost, in whole or in part, within a certain period of time, the hotel is entitled for its part to withdraw
from the contract to the same extent during this period of time if inquiries from third parties regarding
the contractually reserved rooms exist and the tour operator, upon inquiry thereof by the hotel
with the setting of a reasonable deadline, does not waive his right of withdrawal.
7.2.2 Within the deadline named in No. 6.2.2, the hotel is also entitled to partially withdraw from the con -
tract at no cost to the same extent as the tour operator, if also in this case the tour operator waives
his right of withdrawal.
7.2.3 If an agreed advance payment or an advance payment or a security demanded pursuant to No. 4.1
and/or No. 4.2 is not made even after a reasonable grace period set by the hotel has expired, then
the hotel is likewise entitled to withdraw from the contract.
7.2.4 Should the contractual obligation to provide information concerning the number of reservations pursuant
to No. 3.1, sentence 2 not be met or not be met in a timely manner, then the hotel is likewise
entitled to withdraw from the contract. Furthermore, the hotel shall be entitled to a right of withdrawal
in the case that the number of guests reserved as a travel group is reduced to less than 15 (loss
of group status pursuant to No. 1.4).
7.2.5 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially
justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract
impossible;
- rooms or spaces are reserved with culpably misleading or false information or concealment re -
garding material facts; the identity of the tour operator or the guest can constitute an essential
fact as well as its solvency or the purpose of the stay;
- the hotel has justified cause to believe that use of the hotel’s services might jeopardize the
smooth operation of the hotel, its security or public reputation, without being attributable to the
hotel’s sphere of control or organization;
- the purpose or the cause of the stay is illegal.
7.2.6 The justified withdrawal by the hotel constitutes no claim for damages for the tour operator.
8 LIABILITY OF THE HOTEL
8.1 The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other
damage caused with full intent or gross negligence or due to intentional or grossly negligent viola -
tion of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the
equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages
are excluded, if not determined differently in this No. 8. Should disruptions or defects in the performance
of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection
by the tour operator made without undue delay. The tour operator or the guest shall be obliged
to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage
to a minimum.
8.2 The hotel is liable to the guest for property brought into the hotel in accordance with the statutory
provisions. It recommends the use of the hotel or room safe. If the guest wishes to bring with him
money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things
with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.
8.3 Insofar as a parking space is provided to the tour operator in the hotel garage or a hotel parking lot,
this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel only assumes
liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s proper -
ty and the contents thereof only pursuant to the preceding No. 8.1, sentences 1 to 4.
8.4 Wake-up calls are carried out by the hotel with greatest possible diligence.
Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will
deliver, hold, and for a fee, forward such items (on request). The hotel only assumes liability ac -
cording to the preceding No. 8.1, sentences 1 to 4.
9 FINAL PROVISIONS
9.1 Amendments and supplements to the contract, the acceptance of offers or these general terms and
conditions should be made in written form. Unilateral amendments or supplements by the tour operator
are invalid.
9.2 For commercial transactions the place of performance and payment as well as, in the event of litigation,
including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at
[Bitte Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreibergesellschaft des Hotels].
Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of
Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the
courts at [Bitte Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreibergesellschaft
des Hotels] shall have jurisdiction.
9.3 The contract is governed by and shall be construed in accordance with German Law. The applica -
tion of the UN Convention on the International Sale of Goods and the Conflict Law are precluded.
9.4 Should individual provisions of these general terms and conditions be or become invalid or void, the
validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall
also be applicable.
© Hotelverband Deutschland (IHA) e.V.
Version: November 2014