General Business Conditions

GENERAL BUSINESS TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS (AGBH 8.1)

1 AREA OF APPLICATION

1.1 These Terms and Conditions shall apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of §651a BGB. The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract.

1.2 The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer within the meaning of § 13 BGB.

1.3 The customer's general terms and conditions of business shall only apply if this has been expressly agreed in text form in advance.

2 CONCLUDING THE CONTRACT, CONTRACT PARTIES, STATUTE OF LIMITATIONS

3 SERVICES, PRICES, PAYMENT, OFF-SET

4 REVOCATION BY THE CUSTOMER (COUNTERMAND, CANCELLATION)/

NO SHOW

5 REVOCATION BY THE HOTEL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract within this period of time if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline. This shall apply mutatis mutandis to the granting of an option if other enquiries exist and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable period of notice.

5.2 If an advance payment or security deposit agreed or demanded pursuant to Clause 3.6 and/or Clause 3.7 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if

- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;

- rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay;

- the hotel has reasonable grounds to assume that the use of the service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;

- the purpose or reason for the stay is unlawful;

- there is a breach of clause 1.2 above.

5.4 The justified withdrawal of the hotel does not give rise to a claim for damages on the part of the customer. Should the hotel have a claim for damages against the customer in the event of a withdrawal pursuant to Clause 5.2 or 5.3 above, the hotel may make a lump-sum payment for such damages. In this case, clause 4.3 shall apply accordingly.

6 MAKING THE ROOM AVAILABLE, HANDOVER AND RETURN

7 LIABILITY OF THE HOTEL

7.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical of the contract by the hotel. Typical contractual obligations are those obligations that make the proper performance of the contract possible in the first place and on the performance of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this clause 7. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and minimise any possible damage.

8 FINAL PROVISIONS

8.4 In compliance with its statutory obligation the hotel points out that the Europe-an Union has set up an online platform for the extrajudicial resolution of con-sumer disputes (“ODR platform”): ec.europa.eu/consumers/odr/main/index.cfm

The hotel undertakes not to participate. Additional information is available on the ODR platform, cf. Art. 14 (2) ODR Regulation.

GENERAL TERMS AND CONDITIONS FOR EVENTS (VERSION: NOVEMBER 2021)

1 SCOPE OF APPLICABILITY

1.1 These Terms and Conditions apply to contracts for the rental of conference, banquet and event rooms of the hotel for the organisation of events.
conference, banquet and event rooms of the hotel for the purpose of holding events
such as banquets, seminars, conferences, exhibitions and presentations etc.
as well as to all other services and deliveries provided by the hotel to the customer in this context.
and deliveries of the hotel.


1.2 The subletting or reletting of the rooms, areas or showcases provided as well as
invitations to job interviews, sales or similar events shall require the hotel's prior
prior consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB is
is waived.


1.3 The customer's general terms and conditions of business shall only apply if this has been
expressly agreed in advance.

2 CONCLUSION OF CONTRACT, PARTIES, LIABILITY, STATUTE OF LIMITATIONS

2.1 The contracting parties are the hotel and the customer. The contract is concluded by the hotel's acceptance of the
the customer's application by the hotel. The hotel shall be free to confirm the booking of the
booking of the event in text form.


2.2 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health.
body or health. Furthermore, it shall be liable for other damage caused by an intentional or grossly negligent
or grossly negligent breach of duty by the hotel or an intentional or negligent
or an intentional or negligent breach of typical contractual obligations on the part of the hotel.
A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent.
vicarious agent. Further claims for damages, insofar as not otherwise regulated in section 9, are excluded.
otherwise regulated, are excluded. Should disruptions or defects occur in the services
services of the hotel, the hotel shall endeavour to remedy the situation upon knowledge or immediate
customer's complaint, the hotel shall endeavour to remedy the situation. The customer shall be obliged to contribute what is reasonably
to remedy the disruption and minimise any possible damage.
Moreover, the customer is obliged to inform the hotel in good time of the possibility of an extraordinarily
the hotel in good time of the possibility of an extraordinarily high loss.


2.3 All claims against the hotel shall in principle become statute-barred one year after the statutory start of the limitation period.
commencement of the limitation period. This does not apply to claims for damages and other claims, insofar as the latter
claims, insofar as the latter are based on a wilful or grossly negligent breach of duty by the hotel.
of the hotel.

3 SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obligated to provide the services ordered by the customer and promised by the hotel.
provided by the hotel.
3.2 The customer shall be obliged to pay the agreed or applicable prices of the hotel for these and further
agreed or applicable prices of the hotel for these and other services used. This shall also apply to services
services ordered by the customer directly or via the hotel, which are provided by third parties and
and paid for by the hotel. In particular, this shall also apply to claims of copyright collecting societies.

3.3 If a minimum turnover has been agreed and this is not achieved, the hotel may demand 60% of the difference as loss of profit, unless the customer proves a lower loss or the hotel proves a higher loss.


3.4 The agreed prices include the taxes applicable at the time of the conclusion of the contract.
taxes applicable at the time of conclusion of the contract.
In the event of changes to the statutory value added tax or the introduction, amendment or
or abolition of local taxes on the object of performance after conclusion of the contract.
prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if
the period between conclusion and performance of the contract exceeds four months.


3.5 If payment on account has been agreed, payment shall be made without deduction within ten days of receipt of the invoice, unless otherwise agreed. The hotel may demand immediate payment of due receivables from the customer at any time.
due from the customer at any time. In the event of default in payment by the customer, the
provisions shall apply. The hotel reserves the right to prove higher damages.


3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract.
or security, for example in the form of a credit card guarantee.
The amount of the advance payment and the payment dates may be agreed in text form in the contract.
agreed in text form. In the event of default of payment by the customer, the statutory provisions shall apply.


3.7 In justified cases, e.g. payment arrears on the part of the customer or an extension of the
scope of the contract, the hotel shall be entitled, even after conclusion of the contract and until the
3.6 above or to increase the remuneration agreed in the contract, even after conclusion of the contract and until the start of the event.


3.8 The customer may only set off or offset a claim of the hotel against a claim of the hotel that is undisputed or legally binding.
set off or offset against a claim of the hotel.

3.9 The customer agrees that the invoice may be sent to him electronically.

4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)

4.1 The customer may unilaterally withdraw from the contract concluded with the hotel free of charge only if a right to withdraw free of charge has been expressly agreed in the contract or if a statutory right to withdraw free of charge exists.


4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer's right to withdraw from the contract shall expire if he does not exercise this right in text form vis-à-vis the hotel by the agreed date.

4.3 If a right of withdrawal pursuant to 4.1 has not been agreed or has already expired and if there is also no statutory right to withdraw from the contract free of charge, the hotel shall retain the claim to the agreed remuneration pursuant to Clauses 3.3, 4.4, 4.5 and 4.6 despite non-utilisation of the service. The hotel shall take into account the income from other rentals and the expenses saved. The expenses saved in each case may be calculated as a lump sum, in the case of individually stated rental charges in the amount of 10%, otherwise in accordance with Sections 3.3, 4.4, 4.5 and 4.6. The customer shall be at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel shall be at liberty to prove that a higher claim has arisen.

4.4 If the Customer does not withdraw from the event until 60 days before the date of the event, the Hotel shall be entitled to invoice 35% of the lost consumption turnover in addition to the agreed rental price (less any income or expenses saved in accordance with 4.3, sentence 2) as well as the out-of-pocket expenses in accordance with Clause 3.2, sentence 2 and/or an agreed minimum turnover in accordance with Clause 3.3, 60% from the 30th day and 85% from the 10th day. In the case of events lasting several days, the first day of the event shall be decisive for the calculation of the period. The customer is at liberty to prove that the claim has not arisen or has not arisen in the amount claimed. The hotel shall be at liberty to prove that a higher claim has arisen.

4.5 The calculation of the consumption turnover is based on the formula: Agreed menu price plus drinks x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis. Drinks shall be charged at one third of the menu price.


4.6 If a conference flat rate per participant has been agreed, the hotel shall be entitled to charge 75% of the conference flat rate x agreed number of participants in the event of cancellation from the 30th day and 85% from the 10th day. In the case of events lasting several days, the first day of the event shall be decisive for calculating the deadline. The customer shall be at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel shall be at liberty to prove that a higher claim has arisen.

5 WITHDRAWAL OF THE HOTEL

6 CHANGES IN NUMBER OF PARTICIPANTS AND TIME OF EVENT

6.1 The hotel must be notified of any increase in the number of participants by more than 5% at the latest five
five working days prior to the start of the event at the latest; it shall require the Hotel's consent,
which shall be given in text form. The invoice shall be based on the actual number of participants
at least 95% of the agreed higher number of participants. If the actual number of
number of participants is lower, the customer shall be entitled to reduce the agreed price by the
the agreed price by the additional expenses saved due to the lower number of participants.
expenses due to the lower number of participants.

6.2 The hotel should be notified of a reduction in the number of participants by more than 5% in good time, at the latest five working days before the start of the event.
five working days before the start of the event at the latest. The invoice shall be based
shall be based on the actual number of participants, but at least 95% of the number of
number of participants. Clause 6.1 sentence 3 shall apply accordingly.


6.3 In the event of a reduction in the number of participants by more than 10%, the hotel shall be entitled to use the confirmed
rooms, taking into account any deviating room rent, unless it is not possible for the hotel to
unless this is unreasonable for the customer.


6.4 If the agreed start or end times of the event are postponed and the hotel consents to such
the hotel agrees to these deviations, the hotel may reasonably charge for the additional service
the additional readiness to perform, unless the hotel is at fault.

7 BRINGING OF FOOD AND BEVERAGES

The customer may not bring food and beverages to events.
Exceptions require an agreement with the hotel. In such cases, a contribution
will be charged to cover overhead costs.

8 TECHNICAL FACILITIES AND CONNECTIONS

8.1 Insofar as the Hotel procures technical facilities, connections and/or other equipment from third parties for the Customer at the Customer's instigation, the Hotel shall act in the name of, on the authority of and for the account of the Customer. The customer shall be liable for the careful handling and proper return of the equipment. He shall indemnify the hotel against all claims of third parties arising from the provision of such equipment.


8.2 The use of the customer's own electrical equipment using the hotel's power grid
of the hotel shall require the hotel's consent. Any malfunctions or damage to the technical equipment
or damage to the hotel's technical equipment caused by the use of such equipment shall be at the
shall be borne by the customer insofar as the hotel is not responsible for them. The hotel may charge the
the use of such equipment may be recorded and charged by the hotel on a flat-rate basis.


8.3 The customer is entitled, with the hotel's consent, to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.


8.4 The Customer shall obtain any official permits required for the event in due time and at its own expense. The customer shall be responsible for compliance with public law requirements and other regulations.


8.5 Malfunctions in technical or other facilities provided by the hotel shall be
provided by the hotel shall be remedied as soon as possible. Payments may not be withheld or
payments may be withheld or reduced insofar as the hotel is not responsible for such disruptions.

8.6 The customer shall be responsible for handling the necessary formalities and settlements with the responsible institutions (e.g. GEMA) in the context of copyright-relevant processes (e.g. music presentation, film screening, streaming services).


9 LOSS OF OR DAMAGE TO PROPERTY BROUGHT IN

9.1 Exhibits or other items, including personal items, that the customer brings with him/her shall be at the
in the event rooms or in the hotel at the customer's risk. The hotel accepts no liability for
loss, destruction or damage, including financial loss,
except in cases of gross negligence or wilful misconduct on the part of the hotel. Excluded from this are
damage resulting from injury to life, limb or health. In addition
cases in which, due to the circumstances of the individual case, the safekeeping represents a typical contractual
circumstances of the individual case, are excluded from this exemption from liability.


9.2 Decorative material and other items brought in by the customer and their use must comply with fire protection requirements and official regulations. The hotel shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.


9.3 Any exhibition or other items brought into the hotel must be removed immediately after the end of the event.
removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer's
storage at the expense of the customer. If the items remain in the event room
the hotel may charge a reasonable compensation for use of the room for the duration of the
compensation for use for the duration of the withholding of the room.

10 CUSTOMER’S LIABILITY FOR DAMAGE

10.1 If the Customer is an entrepreneur, he shall be liable for any damage to the building or inventory
caused by participants in or visitors to the event, employees, other third parties in the customer's
third parties from his area of business or himself.


10.2 The hotel may require the customer to provide appropriate security, for example in the form of a credit card guarantee.
for example in the form of a credit card guarantee.

11 FINAL PROVISIONS

11.1 Amendments and supplements to the contract, the acceptance of the application or these General
Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the
by the customer shall be ineffective.


11.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Böblingen. The hotel may optionally sue the customer at the customer's place of business. The same shall apply in each case to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.


11.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

11.4 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes: ec.europa.eu/consumers/odr/main/index.cfm. The hotel does not, however, participate in dispute resolution procedures.

However, the Hotel does not participate in dispute resolution proceedings before consumer arbitration boards.


11.4 If general terms and conditions of business have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions have not become an integral part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions. Section 306 sentences 1 and 2 shall apply accordingly.

© Hotelverband Deutschland (IHA) e.V. Version: November 2021

GENERAL TERMS AND CONDITIONS FOR TOUR OPERATORS (SINGLE TRAVELLER - VERSION: NOVEMBER 2021)

1 SCOPE OF APPLICABILITY AND DEFINITIONS

1.1 These terms and conditions shall apply to all contracts concluded between the hotel and a tour operator for hotel services for individual travellers and/or travel groups.
and a tour operator for hotel services for individual travellers and/or travel groups
(hotel accommodation contract). They do not apply to bookings of rooms
or room allotments for events such as conferences, seminars and the like.


1.2 The term "hotel accommodation contract" includes or replaces the following terms: reservation contract,
contingent contract, accommodation contract, guest accommodation contract, hotel contract and hotel room contract.


1.3 Hotel services are all services agreed between the tour operator and the hotel and to be provided by the hotel, such as hotel accommodation and hotel room services.
hotel, such as hotel rooms, catering arrangements and other offers.
offers.


1.4 The tour operator's customers for whom hotel services are booked are hereinafter referred to as "individual travellers" or "hotel guests".
referred to as "individual travellers" or "travel groups" (together also "guests").
A travel group consists of at least 15 persons who are organised for a common travel purpose
and who usually arrive and depart on the same days.


1.5 The tour operator's general terms and conditions of business shall only apply if this has been
expressly agreed in advance.

2 CONCLUSION OF CONTRACT AND STATUTE OF LIMITATIONS

2.1 The contract is concluded by the acceptance of the tour operator's application by the hotel.
hotel. The hotel shall be free to confirm the booking in text form.


2.2 All claims against the hotel are subject to a limitation period of one year from the statutory start of the limitation period.
commencement of the limitation period. This shall not apply in the case of claims for damages and other
claims, insofar as the latter are based on a wilful or grossly negligent breach of duty by the hotel.
of the hotel.

3 RIGHTS AND OBLIGATIONS OF THE TOUR OPERATOR

3.1 The tour operator is obliged to inform the hotel of his booking status as early as possible or on request.
or upon request. However, the hotel must be informed of this no later than 30 days
the hotel about this at the latest 30 days before the date of arrival. At the same time, the hotel shall be provided with all necessary
information about the hotel services in accordance with clause 1.3.


3.2 The tour operator shall be obliged to pay for the hotel services in accordance with Clause 1.3 and the
the agreed rates or, if no agreement has been made, the stated rates,
or, if nothing has been agreed, the stated or customary prices of the hotel.
pay. This also applies to services provided by the tour operator directly or commissioned from the hotel,
provided by third parties and paid for by the hotel.


3.3 Guests are only entitled to the hotel services in accordance with clause 1.3. The tour operator
is obliged to inform his Guests of these and to oblige them to pay for any
to provide appropriate security, e.g. in the form of a bank transfer, for the possible
hotel, for example by depositing credit card guarantees,
credit card guarantees. This also applies to guests who are holders of vouchers/vouchers.
voucher. If, despite a corresponding request by the hotel, no security is provided by the guest
and the guest does not pay, the services used shall be paid for by the tour operator.
to be paid by the tour operator.


3.4 The tour operator must inform his guests about all circumstances and conditions relevant for the stay, in particular about the regulations of the hotel.
circumstances and conditions relevant to the stay, in particular about the hotel's liability
according to clause 8.


3.5 For all questions related to the care of the tour operator's tour group, the tour operator shall inform the
the tour operator will, at the hotel's request, appoint a
contact person who represents this travel group.

4 RIGHTS AND OBLIGATIONS OF THE HOTEL

4.1 The hotel is entitled to request a reasonable advance payment or security from the tour operator upon conclusion of the contract.
advance payment or security, for example in the form of a credit card guarantee,
credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the
agreed in text form in the contract. The hotel shall confirm receipt of an advance payment or security deposit.
confirmed.


4.2 In justified cases, e.g. payment arrears on the part of the tour operator or extension of the
the scope of the contract, the hotel shall be entitled, even after the conclusion of the contract, to
the beginning of the stay even after conclusion of the contract.
4.1 or an increase in the advance payment or security deposit agreed in the contract up to the full
up to the full agreed remuneration.


4.3 The hotel is not entitled to unilaterally make changes to the agreed hotel services.
Changes are only effective with the consent of the tour operator.


4.4 The tour operator does not acquire any claim to the provision of certain rooms,
unless this has been expressly agreed.


4.5 Booked rooms are available to the tour operator from 3.00 p.m. on the agreed day of arrival.
day of arrival. The latter has no claim to earlier provision.


4.6 On the agreed day of departure the rooms must be vacated and made available to the hotel by 12:00 noon at the latest.
the hotel by 12:00 noon at the latest. Thereafter, the hotel may, due to the late vacating of the room
the room for its use in excess of the contract until 6:00 p.m. and
90% of the full accommodation price (list price) from 6:00 p.m. onwards. Contractual
Contractual claims of the tour operator are not justified by this. He is at liberty to
the hotel that no claim or a substantially lower claim to a usage fee has arisen.
incurred.

5 PRICES, PAYMENT, SET-OFF

5.1 The agreed prices shall include the taxes and local charges in force at the time of conclusion of the contract.
applicable at the time of conclusion of the contract, unless prices without value added tax
sales tax have been expressly agreed. Not included are local taxes and duties which, according to the respective
local law, such as visitor's tax.
In the event of a change in the statutory value added tax or the introduction, amendment or abolition of
or abolition of local taxes on the object of performance after conclusion of the contract
prices shall be adjusted accordingly.


5.2 The agreed prices shall apply exclusively in connection with further services
which are offered to the end customer bundled in a service package. They may
not be offered as individual prices for single overnight stays (non-packages) in distribution channels
(in particular online) to the end customer or third parties. The tour operator
shall be obliged to subject all his other partners and intermediaries to this clause as well.
subject to this clause.


5.3 Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice.
invoice without deduction. The hotel may demand immediate payment of due receivables from the tour operator at any time.
from the tour operator at any time. In the event of default in payment, the statutory
provisions shall apply. The hotel reserves the right to prove higher damages.


5.4 The tour operator may only offset or set off a claim of the hotel against an undisputed or legally binding claim.
set off or offset against a claim of the hotel.


5.5 Agreements on the possible payment of the commission (also "commission") are to be made either
either in the hotel accommodation contract or in an agreement to be concluded at the same time.
to be concluded at the same time. If more than one tour operator is responsible for the same booking, the hotel shall pay the commission only once.
only have to pay the commission once.

6 WITHDRAWAL BY TOUR OPERATOR (CANCELLATION, ANNULMENT)/
FAILURE TO USE HOTEL SERVICES (NO SHOW)

6.1 Withdrawal by the tour operator from the contract concluded with the hotel is only
if a right of withdrawal has been expressly agreed in the contract, if any other
legal right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
agrees. The agreement of a right of withdrawal as well as the possible consent to a
to the cancellation of the contract shall be made in text form.


6.2 If a date for free withdrawal from the contract has been agreed between the hotel and the tour operator, the tour
contract, the tour operator may withdraw from the contract until that date,
without triggering claims for payment or damages by the hotel. The
the tour operator's right to withdraw from the contract expires if he does not exercise his right to withdraw from the
the hotel by the agreed date.


6.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory
right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel
contract, the hotel shall retain the right to the agreed remuneration despite the fact that the
of the service. The hotel shall deduct the income from renting the rooms to other guests and the
as well as any expenses saved. If the rooms are not let to other
the hotel may make a flat-rate deduction for expenses saved. The
in this case, the tour operator shall be obliged to pay at least 90% of the contractually agreed
agreed price for overnight accommodation with or without breakfast as well as for package arrangements
70% for half-board and 60% for full-board arrangements.
paid. The tour operator is at liberty to prove that the above-mentioned claim is not
claim has not arisen or has not arisen in the amount demanded.


7 WITHDRAWAL BY HOTEL

7.1 If it has been agreed that the tour operator may withdraw from the contract in whole or in part within a certain period of time
or part of the contract within a certain period of time, the hotel is entitled for its part
the hotel is entitled to withdraw from the contract to the same extent if enquiries are made by third
third parties for the contractually booked rooms and insofar as the tour operator has
the tour operator does not waive his right of withdrawal upon inquiry by the hotel with a
right to withdraw from the contract.


7.2 If an advance payment or security deposit agreed or demanded in accordance with clause 4.1 and/or clause 4.2 is still not
agreed or requested in accordance with clause 4.1 and/or clause 4.2 is not made even after a reasonable
the hotel shall also be entitled to withdraw from the contract.


7.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reason
contract, in particular in the event of
- force majeure or other circumstances beyond the hotel's control make it impossible to fulfil the contract; or
contract impossible;
- rooms or rooms are culpably booked with misleading or false information or with concealment of
essential facts; essential may be the identity of the tour operator or the
the identity of the tour operator or the guest, the solvency or the purpose of the stay.
the purpose of the stay;
- the hotel has reasonable grounds to assume that the use of the service would jeopardise
the smooth operation of the business, the safety or the reputation of the hotel in the public
public reputation, without this being attributable to the hotel's sphere of control or organisation; or
attributable to the hotel;
- the purpose or reason for the stay is unlawful.


7.4 The justified withdrawal of the hotel does not justify a claim of the tour operator for damages.
to compensation for damages.

8 LIABILITY OF THE HOTEL

8.1 The hotel is liable for damages for which it is responsible arising from injury to body, life or health.
life or health. Furthermore, it shall be liable for other damages resulting from an intentional or grossly negligent
or grossly negligent breach of duty by the hotel or an intentional or negligent
or an intentional or negligent breach of typical contractual obligations on the part of the hotel.
A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent.
vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause
8, are excluded. Should disruptions or defects occur in the
services of the hotel, the hotel shall, upon knowledge or immediate complaint by the tour operator or the
of the tour operator or the guest, the hotel shall endeavour to remedy the situation. The tour operator
tour operator or the guest is obliged to contribute what is reasonable in order to remedy the
and to minimise any possible damage.


8.2 The hotel shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions.
The hotel recommends the use of the hotel or room safe. If the guest brings money,
securities and valuables with a value of more than 800 euros or other items with a value
value of more than 3,500 euros, this shall require a separate storage agreement with the hotel.
storage agreement with the hotel.8.3 Insofar as the Tour Operator is provided with a parking space in the hotel garage or in the hotel car park,
parking space is made available to the tour operator, even for a fee, this does not constitute a custody contract.
come into existence. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises
parked or manoeuvred on the hotel's property and the contents thereof, the hotel shall only be liable in
of the above Clause 8.1, Sentences 1 to 4.


8.4 Wake-up calls shall be carried out by the hotel with the utmost care.
Messages, mail and deliveries of goods for guests shall be handled with care. The
Hotel shall be responsible for the delivery, safekeeping and - upon request - the
forwarding of the same against payment. The hotel shall be liable in this respect only in accordance with the foregoing para.
8.1, sentences 1 to 4.


9 FINAL PROVISIONS


9.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and
Terms and Conditions shall be made in text form. Unilateral amendments or supplements
by the tour operator are invalid.


9.2 The place of fulfilment and payment as well as the exclusive place of jurisdiction - also for cheque and
disputes - is Böblingen for commercial transactions. Insofar as a contractual partner
the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in
in Germany, the place of jurisdiction shall be Böblingen.


9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the
excluded.


9.4 If general terms and conditions of business have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions have not become an integral part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions. § Section 306 BGB sentences 1 and 2 shall apply accordingly.

© Hotelverband Deutschland (IHA) e.V.
Version: November 2021

GENERAL TERMS AND CONDITIONS FOR TOUR OPERATORS (TRAVEL GROUPS - VERSION: NOVEMBER 2021)

1 SCOPE OF APPLICABILITY AND DEFINITIONS

1.1 These terms and conditions apply to all contracts concluded between the hotel and a tour operator for hotel services for individual travellers and/or travel groups.
for hotel services for individual travellers and/or travel groups (hotel accommodation contract).
(hotel accommodation contract). They do not apply to bookings of rooms or room allotments
for events such as conferences, seminars and the like.


1.2 The term "hotel accommodation contract" includes or replaces the following terms: reservation contract,
contingent contract, accommodation contract, guest accommodation contract, hotel contract and hotel room contract.


1.3 Hotel services are all services agreed between the tour operator and the hotel and to be provided by the hotel, such as hotel rooms, board and lodging.
hotel rooms, catering arrangements and other offers.


1.4 The tour operator's customers for whom hotel services are booked are hereinafter referred to as "individual travellers" or "travellers".
"individual travellers" or "travel group" (together also "guests").
A travel group consists of at least 15 persons who are organised for a common travel purpose
and who usually arrive and depart on the same days.


1.5 The tour operator's general terms and conditions of business only apply if this has been
expressly agreed in advance.

2 CONCLUSION OF CONTRACT AND STATUTE OF LIMITATIONS

2.1 The contract is concluded by the hotel's acceptance of the tour operator's application.
concluded. The hotel shall be free to confirm the booking in text form.


2.2 All claims against the hotel are subject to a limitation period of one year from the start of the statutory limitation period.
beginning of the statutory limitation period. This shall not apply in the case of claims for damages and other claims, insofar as the latter
the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 RIGHTS AND OBLIGATIONS OF THE TOUR OPERATOR

3.1 The tour operator is obliged to inform the hotel of his booking status as early as possible or upon request.
on request. At the latest 30 days before the date of arrival, however, the hotel must be
be informed of this. At the same time, the hotel shall be given all necessary information about the hotel services
hotel services in accordance with clause 1.3.


3.2 The tour operator shall be obliged to pay for the hotel services pursuant to Clause 1.3 and for the further services
the agreed rates or, if nothing has been agreed, the rates stated or
agreed or, if nothing has been agreed, the stated or customary prices of the hotel. This also applies
services provided directly by the tour operator or commissioned from the hotel by third parties and
and paid for by the hotel.


3.3 Guests are only entitled to the hotel services in accordance with clause 1.3. The tour operator is
inform his Guests of these and oblige them to pay for the possible use of additional services upon request.
services in excess of this at the request of the hotel, for example by depositing
security, for example by depositing credit card guarantees. This shall also apply
also apply to guests who are holders of a voucher/voucher. If, despite a corresponding request
security is not provided by the guest despite a corresponding request by the hotel and the guest fails to pay, these
services used shall be paid for by the tour operator.


3.4 The tour operator must inform his guests about all circumstances and conditions relevant to the stay, in particular about the regulations on the use of the hotel's services.
conditions relevant to the stay, in particular about the hotel's liability regulation according to clause 8.

3.5 For all questions related to the care of the tour operator's tour group
the tour operator shall, at the hotel's request, appoint a contact person for the hotel, who shall
who will represent this travel group.

4 RIGHTS AND OBLIGATIONS OF THE HOTEL

4.1 The hotel is entitled to demand a reasonable advance payment or security deposit from the tour operator upon conclusion of the contract.
or security, for example in the form of a credit card guarantee.
The amount of the advance payment and the payment dates can be agreed in text form in the contract.
be agreed in text form. The hotel shall confirm receipt of an advance payment or security deposit.


4.2 In justified cases, e.g. payment arrears on the part of the tour operator or an extension of the
the scope of the contract, the hotel shall be entitled, even after conclusion of the contract, to demand
payment in advance or the provision of security within the meaning of 4.1 above or to increase the
an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
agreed remuneration.


4.3 The hotel is not entitled to unilaterally make changes to the agreed hotel services.
Changes are only effective with the consent of the tour operator.


4.4 The tour operator does not acquire any claim to the provision of specific rooms unless this has been expressly agreed.
this has not been expressly agreed.


4.5 Booked rooms are available to the tour operator from 15:00 on the agreed day of arrival.
day of arrival. The latter has no claim to earlier provision.


4.6 On the agreed day of departure the rooms must be vacated and made available to the hotel by 12:00 noon at the latest.
available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may, due to the delayed vacating of the room
for its use in excess of the contract until 6:00 p.m. and 90% from 6:00 p.m. onwards.
of the accommodation price (list price). Contractual claims of the tour operator
shall not be justified by this. He shall be at liberty to prove that the hotel has no or a substantially
claim for compensation for use has arisen or that the claim is significantly lower.

5 PRICES, PAYMENT, SET-OFF

5.1 The agreed prices shall include the taxes and local charges in force at the time of conclusion of the contract.
applicable at the time of conclusion of the contract, unless prices without VAT have been expressly agreed.
have been expressly agreed. Not included are local taxes and duties which, according to local law, are owed by the
owed by the hotel guest, such as visitor's tax.
In the event of changes to the statutory value added tax or the introduction, amendment or abolition of local -
local taxes on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly.
adjusted accordingly.


5.2 The agreed prices apply exclusively in connection with further services which are offered to the end customer in a bundle.
offered to the end customer bundled in a service package. They may not be quoted as individual prices
(non-packages) in distribution channels (especially online) to the end customer or third parties.
ne) to the end customer or third parties. The tour operator is obliged to inform all
his other partners and intermediaries to this clause as well.


5.3 Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice.
without deduction. The hotel may demand immediate payment of due receivables from the tour operator at any time.
from the tour operator at any time. In the event of default in payment, the statutory provisions shall apply. The
The hotel reserves the right to prove higher damages.


5.4 The tour operator may only offset or set off a claim of the hotel against an undisputed or legally binding claim.
set off or offset against a claim of the hotel.


5.5 Agreements on the possible payment of the commission (also "commission") are either in the
contract or in an agreement to be concluded at the same time. If more than one
If more than one tour operator is responsible for the same booking, the hotel shall pay the commission only once.
only be paid once.

6 WITHDRAWAL BY TOUR OPERATOR (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL
SERVICES (NO SHOW)

6.1 For individual travellers:


6.1 Cancellation by the tour operator of the contract concluded with the hotel is only possible
if a right of withdrawal has been expressly agreed in the contract, if any other legal right of
right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The
agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract
shall be made in text form.


6.1.2 If a date for free withdrawal from the contract has been agreed between the hotel and the tour operator, the tour operator can
contract, the tour operator may withdraw from the contract up to that date without incurring
payment claims or claims for damages by the hotel. The tour operator's right to withdraw from the contract shall
expires if he does not exercise his right to withdraw from - the contract with the hotel by the agreed date.
the hotel by the agreed date.

6.1.3 If a right of withdrawal has not been agreed or has already expired, there is also no legal right of withdrawal or termination.
right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall
the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service.
The hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
expenses. If the rooms are not rented out to other parties, the hotel may make a
deduction for saved expenses as a lump sum. In this case, the tour operator shall be obliged to pay at least
at least 90% of the contractually agreed price for overnight accommodation with or without
breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements.
for full board arrangements. The tour operator shall be at liberty to prove that the above
above claim has not arisen or has not arisen in the amount demanded.


6.2 For travel groups:


6.2.1 Unless a different right of withdrawal has been explicitly agreed in the contract, no other
legal right of withdrawal exists or the hotel does not expressly agree to the cancellation of the contract, withdrawal
cancellation is only possible in accordance with the following conditions. The agreement
right of withdrawal as well as the possible consent to the cancellation of the contract shall be
shall be made in text form.

6.2.2 The tour operator is entitled to withdraw from the contract for travel groups according to section 1.4:
- up to 90 days prior to arrival of 100% of the agreed total volume,
- up to 60 days prior to arrival of 50% of the originally agreed total volume (taking into account capacities already
of the originally agreed total volume (after deduction of any capacities already
agreed total volume),
- up to 30 days prior to arrival, 25% of the originally agreed total volume (taking into account capacities
of the originally agreed total volume (after deduction of capacities previously
agreed total volume).


6.2.3 The day of arrival shall not be included in the calculation of the deadline.


6.2.4 The tour operator's right of withdrawal expires if he does not exercise it by the agreed date.
by the agreed date.


6.2.5 If a right of withdrawal has not been agreed or has already expired, the withdrawal shall be effected at a late -
or to a greater extent than permitted by the contract, there shall be no statutory right of withdrawal or termination.
statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel shall
contract, the hotel shall retain its claim to the agreed remuneration despite the non-utilisation of the service.
service. The hotel shall deduct the income from renting the rooms to other guests as well as any expenses saved.
saved expenses. If the rooms are not otherwise let, the hotel may deduct the
hotel may make a flat-rate deduction for saved expenses. In this case the tour operator is
at least 90% of the contractually agreed price for overnight stays with or without breakfast and for
without breakfast as well as for package arrangements with third-party services, 70% for half-board and
60% for full board arrangements. The tour operator is at liberty to prove that
the above-mentioned claim has not arisen or has not arisen in the amount demanded

7 WITHDRAWAL BY HOTEL

7.1 For individual travellers:


7.1.1 If it has been agreed that the tour operator may withdraw from the contract in whole or in part free of charge within a certain period of time, the hotel shall in turn be entitled to withdraw from the contract within this period.
or part of the contract within a certain period of time, the hotel is entitled to withdraw from the contract to the same extent within this period.
from the contract to the same extent if there are enquiries from third parties about the contractually
booked rooms and insofar as the tour operator, upon inquiry by the hotel with a
reasonable period of time, the tour operator does not waive his right to withdraw from the contract.

7.1.2 If an advance payment or security deposit agreed or demanded in accordance with clause 4.1 and/or clause 4.2 is not made, the hotel is entitled to cancel the contract.
agreed or requested in accordance with Clause 4.1 and/or Clause 4.2 is not made even after expiry of a reasonable grace period
the hotel shall also be entitled to withdraw from the contract.


7.1.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for an objectively justified reason
contract, in particular in the event of
- force majeure or other circumstances for which the hotel is not responsible make it impossible to - fulfil the contract; or
make the fulfilment of the contract impossible;
- rooms or rooms are culpably booked with misleading or false information or with concealment of
essential facts; essential facts may be the identity of the tour operator or the guest, the number of guests
the identity of the tour operator or the guest, the ability to pay or the purpose of the stay;
- the hotel has justified reason to assume that the use of the service would
the smooth operation of the business, the security or the reputation of the hotel in the public
public, without this being attributable to the hotel's sphere of control or organisation; the hotel has reasonable
is attributable to the hotel;
- the purpose or reason for the stay is unlawful.


7.1.4 The justified withdrawal of the hotel does not constitute a claim for damages on the part of the tour operator.


7.2 For travel groups:


7.2.1 Insofar as it was agreed in the contract that the tour operator would, within a certain period of time
or part of the contract free of charge within a certain period, the hotel is entitled for its part to withdraw
the same extent from the contract within this period if requests from third parties for the rooms
the contractually booked rooms and insofar as the tour operator, upon inquiry by the
hotel with a reasonable deadline, the tour operator does not waive his right to withdraw from the contract.


7.2.2 Within the periods stated in clause 6.2.2 the hotel is also entitled to cancel the contract free of charge to the same extent as the tour operator.
the tour operator free of charge, if the tour operator does not waive his right of withdrawal.
does not waive his right of withdrawal.


7.2.3 If an advance payment or security deposit agreed or demanded in accordance with clause 4.1 and/or clause 4.2 is not made, the hotel shall be entitled to cancel the contract free of charge.
agreed or demanded in accordance with clause 4.1 and/or clause 4.2 is not made even after a reasonable period of
the hotel shall also be entitled to withdraw from the contract.


7.2.4 If the contractual obligation to inform the customer of the booking status as set out in clause 3.1 sentence 2 is not fulfilled or not fulfilled in time, the hotel shall be entitled to withdraw from the contract.
is not fulfilled or not fulfilled in due time, the hotel shall also be entitled to withdraw from the contract. The
hotel shall also be entitled to withdraw from the contract if the number of guests booked as a travel group is - reduced to less than 15.
number of guests booked as a travel group is reduced to less than 15 (loss of group status pursuant to Clause 1.4).


7.2.5 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular in the event that the number of guests booked as a group is reduced.
in particular in the event of
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the -
contract impossible;
- rooms or rooms are culpably booked with misleading or false information or with concealment of
essential facts; essential facts may be the identity of the tour operator or the guest, the number of guests
the identity of the tour operator or the guest, the ability to pay or the purpose of the stay;
- the hotel has justified reason to assume that the use of the service would
the smooth operation of the business, the security or the reputation of the hotel in the public
public, without this being attributable to the hotel's sphere of control or organisation; the hotel has reasonable
is attributable to the hotel;
- the purpose or reason for the stay is unlawful.


7.2.6 The justified withdrawal of the hotel does not justify a claim for damages on the part of the tour operator.

8 LIABILITY OF THE HOTEL

8.1 The hotel shall be liable for damages for which it is responsible arising from injury to body, life or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty on the part of the hotel, or on an intentional or negligent breach of duties typical of the contract on the part of the hotel. Further claims for damages are excluded unless otherwise provided for in this clause 8. Should disruptions or deficiencies occur in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the tour operator or the guest. The tour operator or the guest is obliged to contribute what is reasonable to remedy the disruption and minimise any possible damage.

8.2 The hotel shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions. The hotel shall require the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

8.3 Insofar as the tour operator is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with the above Clause 8.1, Sentences 1 to 4.

8.4 Wake-up calls shall be carried out by the hotel with the utmost care. Messages, mail and deliveries of goods for guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment. The hotel shall be liable in this respect only in accordance with the provisions of Clause 8.1, sentences 1 to 4 above.

9 FINAL PROVISIONS

9.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the tour operator are not permitted.

9.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - is Böblingen in commercial transactions. If a contractual partner fulfils the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, Böblingen shall be the place of jurisdiction.

9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

9.4 If general terms and conditions of business have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions have not become an integral part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions. § Section 306 sentences 1 and 2 BGB shall apply accordingly.  

© Hotelverband Deutschland (IHA) e.V.
Version: November 2021

GENERAL TERMS AND CONDITIONS FOR TOUR OPERATORS (SINGLE TRAVELLERS AND TRAVEL GROUPS - VERSION: NOVEMBER 2021)

1 SCOPE OF APPLICABILITY AND DEFINITIONS

1.1 These terms and conditions apply to all contracts concluded between the hotel and a tour operator for hotel services for individual travellers and/or travel groups.
for hotel services for individual travellers and/or travel groups (hotel accommodation contract).
(hotel accommodation contract). They do not apply to bookings of rooms or room allotments
for events such as conferences, seminars and the like.


1.2 The term "hotel accommodation contract" includes or replaces the following terms: reservation contract,
contingent contract, accommodation contract, guest accommodation contract, hotel contract and hotel room contract.


1.3 Hotel services are all services agreed between the tour operator and the hotel and to be provided by the hotel.
hotel rooms, catering arrangements and other offers.


1.4 The tour operator's customers for whom hotel services are booked are hereinafter referred to as "individual travellers" or "travellers".
"individual travellers" or "travel groups" (together also "guests").
A travel group consists of at least 15 persons who are organised for a common travel purpose
and who usually arrive and depart on the same days.


1.5 The tour operator's general terms and conditions of business only apply if this has been
expressly agreed in advance.


2 CONCLUSION OF CONTRACT AND STATUTE OF LIMITATIONS

2.1 The contract is concluded by the hotel's acceptance of the tour operator's application.
concluded. The hotel shall be free to confirm the booking in text form.


2.2 All claims against the hotel are subject to a limitation period of one year from the start of the statutory limitation period.
beginning of the statutory limitation period. This shall not apply in the case of claims for damages and other claims, insofar as the latter
the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 RIGHTS AND OBLIGATIONS OF THE TOUR OPERATOR

3.1 The tour operator is obliged to inform the hotel of his booking status as early as possible or on request.
on request. However, the hotel shall be informed no later than 30 days before the date of
be informed of this. At the same time, the hotel shall be given all necessary information about the hotel services
hotel services in accordance with clause 1.3.


3.2 The tour operator shall be obliged to pay for the hotel services pursuant to Clause 1.3 and for the further services
the agreed rates or, if nothing has been agreed, the rates stated or
agreed or, if nothing has been agreed, the stated or customary prices of the hotel. This also applies
services provided directly by the tour operator or commissioned from the hotel by third parties and
and paid for by the hotel.


3.3 Guests are only entitled to the hotel services in accordance with clause 1.3. The tour operator is
inform his Guests of these and oblige them to pay for the possible use of additional services upon request.
services in excess of this at the request of the hotel, for example by depositing
security, for example by depositing credit card guarantees. This shall also apply
also apply to guests who are holders of a voucher/voucher. If, despite a corresponding request
security is not provided by the guest despite a corresponding request by the hotel and the guest fails to pay, these
services used shall be paid for by the tour operator.


3.4 The tour operator must inform his guests about all circumstances and conditions relevant to the stay, in particular about the regulations on the use of the hotel's services.
conditions relevant to the stay, in particular about the hotel's liability regulation according to clause 8.


3.5 For all questions related to the care of the tour operator's tour group
the tour operator shall, at the hotel's request, appoint a contact person for the hotel, who shall
who will represent this travel group.

4 RIGHTS AND OBLIGATIONS OF THE HOTEL

4.1 The hotel is entitled to demand a reasonable advance payment or security deposit from the tour operator upon conclusion of the contract.
or security, for example in the form of a credit card guarantee.
The amount of the advance payment and the payment dates can be agreed in text form in the contract.
be agreed in text form. The hotel shall confirm receipt of an advance payment or security deposit.


4.2 In justified cases, e.g. payment arrears on the part of the tour operator or an extension of the
the scope of the contract, the hotel shall be entitled, even after conclusion of the contract, to demand
payment in advance or the provision of security within the meaning of 4.1 above or to increase the
an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
agreed remuneration.


4.3 The hotel is not entitled to unilaterally make changes to the agreed hotel services.
Changes are only effective with the consent of the tour operator.


4.4 The tour operator does not acquire any claim to the provision of specific rooms unless this has been expressly agreed.
this has not been expressly agreed.


4.5 Booked rooms are available to the tour operator from 15:00 on the agreed day of arrival.
day of arrival. The latter has no claim to earlier provision.


4.6 On the agreed day of departure the rooms must be vacated and made available to the hotel by 12:00 noon at the latest.
available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may, due to the delayed vacating of the room
for its use in excess of the contract until 6:00 p.m. and 90% from 6:00 p.m. onwards.
of the accommodation price (list price). Contractual claims of the tour operator
shall not be justified by this. He shall be at liberty to prove that the hotel has no or a substantially
claim for compensation for use has arisen or that the claim is significantly lower.

5 PRICES, PAYMENT, SET-OFF

5.1 The agreed prices shall include the taxes and local charges in force at the time of conclusion of the contract.
applicable at the time of conclusion of the contract, unless prices without VAT have been expressly agreed.
have been expressly agreed. Not included are local taxes which, according to the respective local law, are owed by the
owed by the hotel guest, such as visitor's tax.
In the event of a change in the statutory value added tax or the introduction, amendment or abolition of
local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly.
adjusted accordingly.


5.2 The agreed prices shall apply exclusively in connection with additional services which are
offered to the end customer bundled in a service package. They may not be quoted as individual prices
(non-packages) in distribution channels (especially online) to the end customer or third parties.
ne) to the end customer or third parties. The tour operator is obliged to inform all
his other partners and intermediaries to this clause as well.


5.3 Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice.
without deduction. The hotel may demand immediate payment of due receivables from the tour operator at any time.
from the tour operator at any time. In the event of default in payment, the statutory provisions shall apply. The
The hotel reserves the right to prove higher damages.


5.4 The tour operator may only offset or set off a claim of the hotel against an undisputed or legally binding claim.
set off or offset against a claim of the hotel.


5.5 Agreements on the possible payment of the commission (also "commission") are either in the
contract or in an agreement to be concluded at the same time. If more than one
If more than one tour operator is responsible for the same booking, the hotel shall pay the commission only once.
pay the commission only once.

6 WITHDRAWAL BY TOUR OPERATOR (CANCELLATION, ANNULMENT)/
FAILURE TO USE HOTEL SERVICES (NO SHOW)

6.1 For individual travellers:


6.1.1 Cancellation by the tour operator of the contract concluded with the hotel is only possible
if a right of withdrawal has been expressly agreed in the contract, if any other legal right of
right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The
agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract
shall be made in text form.


6.1.2 If a date for free withdrawal from the contract has been agreed between the hotel and the tour operator, the tour operator can
contract, the tour operator may withdraw from the contract up to that date without incurring
payment claims or claims for damages by the hotel. The tour operator's right to withdraw from the contract shall
expires if he does not exercise his right to withdraw from - the contract with the hotel by the agreed date.
the hotel by the agreed date.


6.1.3 If a right of withdrawal has not been agreed or has already expired, there is also no legal right of withdrawal or termination.
right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall
the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service.
The hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
expenses. If the rooms are not rented out to other parties, the hotel may make a
deduction for saved expenses as a lump sum. In this case, the tour operator shall be obliged to pay at least
at least 90% of the contractually agreed price for overnight accommodation with or without
breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements.
for full board arrangements. The tour operator shall be at liberty to prove that the above
above claim has not arisen or has not arisen in the amount demanded.


6.2 For travel groups:
6.2.1 Unless a deviating right of withdrawal has been expressly agreed in the contract, no
statutory right of cancellation exists or the hotel does not expressly agree to the cancellation of the contract.
cancellation is only possible in accordance with the following conditions. The agreement
of a different right of withdrawal as well as the possible consent to a cancellation of the contract shall be
shall be made in text form.


6.2.2 The tour operator is entitled to withdraw from the contract for travel groups according to section 1.4:
- up to 90 days before arrival of 100% of the agreed total volume,
- up to 60 days before arrival by 50% of the agreed total volume,
- up to 30 days prior to arrival by 25% of the agreed total volume.


6.2.3 The right of withdrawal may only be exercised once. When calculating the period, the day of arrival shall not be included.
day of arrival shall not be included.


6.2.4 The tour operator's right of withdrawal expires if he does not exercise it by the agreed date.
by the agreed date.


6.2.5 If a right of withdrawal has not been agreed or has already expired, the withdrawal shall be effected at a late -
or to a greater extent than permitted by the contract, there shall be no statutory right of withdrawal or termination.
statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel shall
contract, the hotel shall retain its claim to the agreed remuneration despite the non-utilisation of the service.
service. The hotel shall deduct the income from renting the rooms to other guests as well as any expenses saved.
saved expenses. If the rooms are not otherwise let, the hotel may deduct the
hotel may make a flat-rate deduction for saved expenses. In this case the tour operator is
at least 90% of the contractually agreed price for overnight stays with or without breakfast and for
without breakfast as well as for package arrangements with third-party services, 70% for half-board and
60% for full board arrangements. The tour operator is at liberty to prove that
the above-mentioned claim has not arisen or has not arisen in the amount demanded.

5.4 The tour operator may only offset or set off a claim of the hotel against an undisputed or legally binding claim.
set off or offset against a claim of the hotel.


5.5 Agreements on the possible payment of the commission (also "commission") are either in the
contract or in an agreement to be concluded at the same time. If more than one
If more than one tour operator is responsible for the same booking, the hotel shall pay the commission only once.
pay the commission only once.


7 WITHDRAWAL BY HOTEL

7.1 For individual travellers:
7.1.1 If it has been agreed that the tour operator may withdraw from the contract in whole or in part free of charge within a certain period of time, the hotel shall in turn be entitled to withdraw from the contract within this period.
or part of the contract within a certain period of time, the hotel is entitled to withdraw from the contract to the same extent within this period.
from the contract to the same extent if there are enquiries from third parties about the contractually
booked rooms and insofar as the tour operator, upon inquiry by the hotel with a
reasonable period of time, the tour operator does not waive his right to withdraw from the contract.


7.1.2 If according to clause 4.1 and/or clause 4.2 an agreed or demanded advance payment or security deposit is not made, the hotel is entitled to cancel the contract.
agreed or requested in accordance with Clause 4.1 and/or Clause 4.2 is not made even after expiry of a reasonable grace period
the hotel shall also be entitled to withdraw from the contract.


7.1.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for an objectively justified reason
contract, in particular in the event of
- force majeure or other circumstances for which the hotel is not responsible make it impossible to - fulfil the contract; or
make the fulfilment of the contract impossible;
- rooms or rooms are culpably booked with misleading or false information or with concealment of
essential facts; essential facts may be the identity of the tour operator or the guest, the number of guests
the identity of the tour operator or the guest, the ability to pay or the purpose of the stay;
- the hotel has justified reason to assume that the use of the service would
the smooth operation of the business, the security or the reputation of the hotel in the public
public, without this being attributable to the hotel's sphere of control or organisation; the hotel has reasonable
is attributable to the hotel;
- the purpose or reason for the stay is unlawful.


7.1.4 The justified withdrawal of the hotel does not constitute a claim for damages on the part of the tour operator.


7.2 For travel groups:
7.2.1 Insofar as it was agreed in the contract that the tour operator would, within a certain period of time
or part of the contract free of charge within a certain period, the hotel is entitled for its part to withdraw
the same extent from the contract within this period if requests from third parties for the rooms
the contractually booked rooms and insofar as the tour operator, upon inquiry by the
hotel with a reasonable deadline, the tour operator does not waive his right to withdraw from the contract.


7.2.2 Within the periods stated in clause 6.2.2 the hotel is also entitled to cancel the contract free of charge to the same extent as the tour operator.
the tour operator free of charge, if the tour operator does not waive his right of withdrawal.
does not waive his right of withdrawal.


7.2.3 If an advance payment or security deposit agreed or demanded in accordance with clause 4.1 and/or clause 4.2 is not made, the hotel shall be entitled to cancel the contract free of charge.
agreed or demanded in accordance with clause 4.1 and/or clause 4.2 is not made even after a reasonable period of grace
the hotel shall also be entitled to withdraw from the contract.


7.2.4 If the contractual obligation to inform the customer of the booking status as set out in clause 3.1 sentence 2 is not fulfilled or not fulfilled in time, the hotel shall be entitled to withdraw from the contract.
is not fulfilled or not fulfilled in due time, the hotel shall also be entitled to withdraw from the contract. The
hotel shall also be entitled to withdraw from the contract if the number of guests booked as a travel group is - reduced to less than 15.
number of guests booked as a travel group is reduced to less than 15 (loss of group status pursuant to Clause 1.4).


7.2.5 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular in the event that the number of guests booked as a group is reduced.
in particular in the event of
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the -
contract impossible;
- rooms or rooms are culpably booked with misleading or false information or with concealment of
essential facts; essential facts may be the identity of the tour operator or the guest, the number of guests
the identity of the tour operator or the guest, the ability to pay or the purpose of the stay;
- the hotel has justified reason to assume that the use of the service would
the smooth operation of the business, the security or the reputation of the hotel in the public
public, without this being attributable to the hotel's sphere of control or organisation; the hotel has reasonable
is attributable to the hotel;
- the purpose or reason for the stay is unlawful.


7.2.6 The justified withdrawal of the hotel does not constitute a claim for damages on the part of the tour operator.

8 LIABILITY OF THE HOTEL

8.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health.
or health. Furthermore, it shall be liable for any other damage resulting from a wilful or grossly negligent
grossly negligent breach of duty by the hotel or an intentional or negligent breach of duties
breach of typical contractual obligations on the part of the hotel. A breach of duty by the hotel
of a legal representative or vicarious agent shall be deemed equivalent to a breach of duty on the part of the hotel. Further
Further claims for damages are excluded unless otherwise provided for in this clause 8.
In the event of disruptions or defects in the hotel's services, the hotel shall, upon knowledge or
the hotel will endeavour to remedy the situation if it becomes aware of the problem or if the tour operator or the guest
remedy. The tour operator or the guest is obliged to contribute what is reasonable to -
to remedy the disruption and minimise any possible damage.


8.2 The hotel shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions. The
hotel recommends the use of the hotel or room safe. If the guest brings in money, securities
valuables with a value of more than 800 euros or other items with a value of more than
value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
agreement with the hotel.


8.3 Insofar as the Tour Operator is provided with a parking space in the hotel garage or in the hotel car park, also
parking space is made available to the Tour Operator, even for a fee, this does not constitute a safekeeping agreement. In the event of
loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their
parked or manoeuvred on the hotel's property and the contents thereof, the hotel shall only be liable in accordance with the above Section 8.1, sentences
1 to 4.


8.4 Wake-up calls shall be carried out by the hotel with the utmost care.
Messages, mail and deliveries of goods for guests shall be handled with the utmost care. The
Hotel shall take care of the delivery, safekeeping and - if requested - forwarding of the same against
against payment. The hotel shall only be liable in this respect in accordance with the above Clause 8.1, Sentences 1 to 4.
to 4.

9 FINAL PROVISIONS

9.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions of Business
shall be made in text form. Unilateral amendments or supplements by the
by the tour operator are ineffective.


9.2 Place of performance and payment as well as exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - is
- is Böblingen for commercial transactions. If a contracting party fulfils the requirements of
of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be Böblingen.


9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

© Hotelverband Deutschland (IHA) e.V.
Version: November 2021

ANNEX I