This English version is for information purposes only. Only the German version is legally binding

General Terms and Conditions (AGB)

Scope of application
1. these terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.
2. the subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
3. the customer’s terms and conditions shall only apply if this has been agreed in advance.
4. our data protection regulations, which can be viewed under >Data protection declaration<, are part of our general terms and conditions.

Conclusion of contract, partners, liability; limitation period
1. the contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in writing.
2. the contractual partners are the hotel and the customer. If a third party has booked on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. the hotel is liable for its obligations arising from the contract. In the area not typical for the service, liability is limited to intent and gross negligence on the part of the hotel.
4. the limitation period for all claims of the customer is 6 months.
5. this limitation of liability and short limitation period shall also apply in favour of the hotel in the event of breach of obligations in the initiation of the contract and positive breach of contract.

Services, prices, payment, offsetting
1. the hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. the customer is obliged to pay the hotel’s applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. the agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 10%.
4. the prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the duration of the guests’ stay and the hotel agrees to this.
5. invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 5% above the respective base interest rate. The customer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
6. the hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
7. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

Withdrawal by the customer (cancellation)
1. a withdrawal of the customer from the contract concluded with the hotel requires the written or telephone consent of the hotel under the assignment of a cancellation number. If this is not done, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This does not apply in the event of a delay in performance by the hotel or an impossibility of performance for which the hotel is responsible.
2. if a date for cancellation of the contract has been agreed in writing between the hotel and the customer, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his right of cancellation in writing vis-à-vis the hotel by the agreed date, unless there is a case of delay in performance on the part of the hotel or an impossibility of performance for which it is responsible.
3. in the case of rooms not utilised by the customer, the hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
4. the hotel is free to charge a lump sum for the damage incurred and to be compensated by the customer. The customer is then obliged to pay 80% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that no damage was incurred or that the damage incurred by the hotel is lower than the lump sum demanded.

Cancellation by the hotel
1. if a right of cancellation by the customer within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of cancellation upon enquiry by the hotel.
2. if an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with a warning of refusal, the hotel is also entitled to withdraw from the contract.
3. furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, for example if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose;
– the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization.
– there is a breach of paragraph 2 above.
4. the hotel must inform the customer of the exercise of the right of withdrawal without delay.
5. in the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.

Room provision, handover and return:
1. the customer does not acquire any claim to the provision of specific rooms.
2. booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. If rooms are available before this time, the customer will of course receive them. However, the customer is not entitled to earlier availability.
3. on the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6.00 p.m., and 100% from 6.00 p.m. onwards, in addition to any damage incurred by the hotel as a result. The customer is at liberty to prove to the hotel that it has incurred no loss or a significantly lower loss. If the hotel is fully booked and the room has not been vacated by 14:00, the hotel is free to vacate the room itself, taking the utmost care with the customer’s belongings.

Liability of the hotel:
1. the hotel is liable for the diligence of a prudent businessman. This liability is not limited to typical services, but is limited to deficiencies in performance, damages, consequential damages or disruptions caused by intent or gross negligence on the part of the hotel. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him in order to remedy the disruption and minimize any possible damage. 2. the hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of EUR 3,500.00, and for money and valuables up to EUR 800.00. Money and valuables up to a maximum value of EUR 3000.00 may be stored in the hotel safe. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB).
3. the statutory provisions shall apply to the unlimited liability of the hotel.
4. if the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to vehicles parked or maneuvered
parked or maneuvered motor vehicles and their contents, the hotel shall not be liable, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.
5. wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
6. messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and – on request – forward them for a fee. Claims for damages, except for gross negligence or intent, are excluded.

Platform for online dispute resolution of the European Commission
Mandatory information according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council:
Link to the homepage of the European Commission’s entity for online dispute resolution for consumer disputes: . SMP Astor G.A. GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Final provisions:
1. amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
2. place of performance and payment is the registered office of the hotel.
3. the exclusive place of jurisdiction – also for check and bill of exchange disputes – is the registered office of the hotel in commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 1 ZPO and does not have a general place of jurisdiction in Germany, the exclusive place of jurisdiction is the registered office of the hotel.
4 German law shall apply.
5. should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory regulations shall apply.