Terms & Conditions

 

§ 1. Scope of Application

(1) These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as to all additional services and supplies provided by the hotel to the customer (TBP Betriebs GmbH, hereinafter ‘Hotel’).

(2) The subletting or re-letting of rooms, as well as their use for purposes other than accommodation, requires the Hotel’s prior written consent.

(3) The customer’s own terms and conditions shall only apply if expressly agreed in writing in advance.
 

§ 2. Conclusion of Contract and Contracting Parties

(1) The contract is concluded upon acceptance of the customer’s request by the Hotel. The Hotel reserves the right to confirm the room booking in writing.

(2) The contracting parties are the Hotel and the customer. If a third party makes a booking on behalf of the customer, such third party shall be jointly and severally liable with the customer for all obligations arising from the hotel accommodation contract, provided the Hotel has received a corresponding declaration from the third party.
 

§ 3. Liability of the Hotel

(1) The Hotel shall be liable for the fulfilment of its contractual obligations. Liability for damages – irrespective of the legal grounds – is excluded unless the Hotel is guilty of intent or gross negligence.

(2) The limitation of liability in paragraph 1 shall not apply to:

• damages resulting from injury to life, body or health;
• damages arising from the breach of essential contractual obligations (cardinal obligations);
• damages resulting from intentional or grossly negligent breaches of duty. 

(3) In the event of a breach of essential contractual obligations, the Hotel shall be liable for slight negligence only up to the level of typical, foreseeable damage.

(4) The Hotel shall be liable for items brought onto the premises by the customer in accordance with statutory provisions (§§ 701 et seq. German Civil Code), up to one hundred times the room rate, but not exceeding EUR 3,500. Liability for money, securities and valuables is limited to EUR 800. Such items may be deposited in the hotel safe up to a maximum value of EUR 25,000. Guests are strongly advised to make use of this facility. Liability claims expire if the customer fails to notify the Hotel immediately upon becoming aware of any loss, destruction or damage (§ 703 German Civil Code).

(5) Where a parking space is provided in the hotel garage or car park, no safekeeping agreement is concluded. The Hotel shall only be liable for loss or damage to vehicles parked or manoeuvred on the premises, and their contents, in cases of intent or gross negligence. Liability for injury to life, body or health remains unaffected.

(6) Wake-up calls are carried out with the utmost care. The Hotel shall only be liable for damages resulting from improper execution in cases of intent or gross negligence. Liability for injury to life, body or health remains unaffected. 

(7) Messages, posts and consignments for guests are handled with care. The Hotel undertakes their delivery, storage and, upon request and for a fee, forwarding. The hotel shall only be liable for improper execution in cases of intent or gross negligence. Liability for injury to life, body or health remains unaffected.
 

§ 4. Limitation Period

(1) Claims by the customer shall become time-barred after three years, unless otherwise specified.

(2) Claims for damages by the customer that do not arise from a breach of duty by the Hotel due to wilful misconduct or gross negligence, and which do not relate to injury to life, body or health, shall become time-barred one year after the commencement of the statutory limitation period.
 

§ 5. Services, Prices and Payment

(1) The Hotel is obliged to keep the booked rooms available and to provide the agreed services.

(2) The customer is obliged to pay the applicable or agreed rates for the rooms and any additional services used. This also applies to services arranged by the customer and expenses incurred by the Hotel in dealing with third parties.

(3) The agreed prices include the applicable statutory VAT. Should VAT increase after the conclusion of the contract due to statutory changes, the Hotel reserves the right to adjust the agreed prices accordingly.

(4) If more than four months elapse between the conclusion and performance of the contract, and the Hotel’s standard rates for such services increase, the Hotel may raise the agreed price by a reasonable amount, not exceeding 10%. In such cases, the customer shall have the right to withdraw from the contract.

(5) The Hotel may also adjust prices if the customer subsequently requests changes to the number of rooms booked, the services provided or the duration of the stay, and the Hotel agrees to such changes.

(6) Hotel invoices without a specified due date shall be payable in full within ten (10) days of receipt. In the event of late payment, the Hotel is entitled to charge interest on arrears at a rate of 5% above the applicable base rate. The Hotel reserves the right to charge reminder fees of EUR 2.50 per reminder. The customer retains the right to prove that no damage has been incurred or that such damage is significantly lower.

(7) The Hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount and payment dates shall be agreed in writing.
 

§ 6. Set-off and Retention

(1) The customer may only set off claims against the Hotel’s claims where such claims are undisputed or have been established by a final and binding court decision.

(2) The customer’s statutory right to a reduction in price shall remain unaffected.
 

§ 7. Cancellation by the Customer

(1) The customer may withdraw from the contract at any time. Cancellation must be made in writing (e.g. by letter, email or fax).

(2) In the event of cancellation, the Hotel shall be entitled to claim reasonable compensation. The compensation shall be calculated on the basis of the agreed price, less any expenses saved by the hotel and less any income generated – or intentionally not generated – through alternative use of the rooms.

(3) Unless a free cancellation period has been expressly agreed in writing, the Hotel may charge the following flat-rate compensation:

Date of Cancellation	Compensation
Up to 30 days before arrival	40% of the accommodation price
Up to 14 days before arrival	60% of the accommodation price
Up to 7 days before arrival	80% of the accommodation price
Less than 7 days before arrival or in the event of a no-show	90% of the accommodation price, less expenses saved

For half-board arrangements, compensation amounts to 70% of the relevant price; for full-board arrangements, 60% of the relevant price.

(4) The customer reserves the right to prove that the Hotel has incurred no loss or a significantly lower loss. The Hotel reserves the right to demonstrate that the loss incurred was greater.

(5) The customer’s statutory right of cancellation, in particular in the event of a breach of contract by the Hotel, shall remain unaffected.
 

§ 8. Cancellation by the Hotel

(1) Where a right of cancellation free of charge has been agreed in writing within a specified period, the Hotel shall be entitled to withdraw from the contract during that period if it receives enquiries from other customers for the reserved rooms and the customer does not waive their right of cancellation within a reasonable period following a request from the Hotel.

(2) If an agreed advance payment is not made, even after the expiry of a reasonable grace period of at least seven days set by the Hotel, the Hotel shall be entitled to withdraw from the contract.

(3) Furthermore, the Hotel shall be entitled to terminate the contract without notice for good cause, in particular if:

• force majeure or other circumstances beyond the Hotel’s control render fulfilment of the contract impossible;
• rooms are booked on the basis of misleading or false information regarding material facts (e.g. the guest’s identity or the purpose of the stay);
• the Hotel has reasonable grounds to believe that the use of its services may jeopardise the smooth operation of the business, the safety of guests or staff or the Hotel’s public reputation, without this being attributable to the Hotel’s sphere of control or organisation;
• there is a breach of Section 1(2) of these Terms and Conditions. 

(4) The Hotel shall inform the customer without undue delay of the exercise of its right of cancellation.

(5) In the event of a justified withdrawal by the Hotel, the customer shall have no claim for damages.
 

§ 9. Room Allocation, Handover and Return

(1) The customer shall not be entitled to a specific room unless this has been expressly agreed in writing. The Hotel reserves the right to allocate an equivalent room, provided this is reasonable for the customer and does not constitute a significant deviation from the service.

(2) On the agreed day of arrival, the Hotel shall make the booked rooms available to the customer from the standard check-in time, unless otherwise agreed.

(3) On the agreed day of departure, rooms must be vacated and made available to the Hotel by 12:00 noon at the latest. In the event of late check-out, the Hotel may charge the following fees for the additional use of the room:

• Until 18:00: 50% of the full daily rate (list price)
• From 18:00: 100% of the full daily rate (list price)

The customer reserves the right to prove that the Hotel has incurred no loss or a significantly lower loss.
 

§ 10. Carrying and Storing Weapons and Dangerous Items

(1) The carrying, storage or keeping of weapons of any kind, as well as weapon-like objects, on the hotel premises is strictly prohibited. This applies in particular to:

• firearms (including unloaded firearms and alarm guns);
• bladed and edged weapons;
• knives with a fixed or lockable blade longer than 12 cm;
• electroshock devices and pepper spray;
• crossbows and bows;
• pyrotechnic articles and fireworks;
• other dangerous objects as defined by the applicable Weapons Act. 

(2) The following items are exempt from the prohibition set out in paragraph 1:

• pocket knives with a blade length of up to 6 cm;
• pepper spray intended for self-defence against animals in standard retail sizes (maximum of 50 ml);
• items demonstrably carried for professional purposes and are kept out of reach during the stay.

(3) The Hotel is neither obliged nor able to store weapons or dangerous items for guests and does not provide any storage service for such items. 

(4) Guests carrying weapons or dangerous items as defined in paragraph 1 are required to notify the Hotel immediately upon check-in. 

(5) In the event of a breach of the prohibition set out in paragraph 1, the Hotel shall be entitled to:

• to terminate the hotel accommodation contract with immediate effect and require the guest to leave the premises without delay;
• inform the relevant authorities (e.g. police or public order office);
• retain any accommodation fees already paid.

(6) The guest shall have no claim for damages arising from termination in accordance with paragraph 5. The Hotel reserves the right to claim damages for any breach of this provision.

(7) Guests who declare at the time of booking or, at the latest, on arrival that they are carrying weapons are requested to store such items elsewhere (e.g. at a local police station or in a suitable locker outside the Hotel). The Hotel will assist, where possible, in arranging appropriate storage facilities, but accepts no liability for such arrangements.
 

§ 11. Final Provisions

(1) Any amendments or additions to the contract, the acceptance of the application or these Terms and Conditions must be made in writing. Unilateral amendments or additions made by the customer shall be invalid.

(2) The place of performance and payment shall be Dresden.

(3) For merchants, legal entities governed by public law or special funds under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be Dresden. If the customer does not have a general place of jurisdiction within Germany, Dresden shall also be the place of jurisdiction.

(4) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(5) Should any provision of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected. In all other respects, the statutory provisions shall apply.