Conditions Générales du Contrat d'hébergement Hôtelier

Aparthotel Tannenhof · Schinberg Impex GmbH · Badstraße 42, 79410 Badenweiler

1. Scope of Application

1.1 These Terms and Conditions apply to contracts concerning the temporary provision of hotel rooms for accommodation purposes, as well as all other related services and supplies provided by the hotel to the customer in this context (hotel accommodation agreement). The term “hotel accommodation agreement” includes and replaces the following terms: accommodation agreement, guest accommodation agreement, hotel agreement, and hotel room agreement.

1.2 The subletting or further rental of the rooms provided, as well as their use for purposes other than accommodation, requires the hotel’s prior consent in text form. Section 540 (1) sentence 2 of the German Civil Code (BGB) shall be excluded to the extent that the customer is not a consumer.

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

2. Conclusion of Contract, Contractual Parties, Limitation Period

2.1 The contractual parties are the hotel and the customer. The contract shall come into effect upon acceptance of the customer’s request by the hotel. The hotel is free to confirm the room booking in text form.

2.2 As a general rule, all claims against the hotel shall become statute-barred one year after the statutory commencement of the limitation period. This does not apply to claims for damages or other claims insofar as such claims are based on an intentional or grossly negligent breach of duty by the hotel.

3. Services, Prices, Payment, Set-Off

3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

3.2 The customer is obliged to pay the agreed or applicable hotel prices for the provision of the rooms and for any additional services used by the customer. This also applies to services commissioned by the customer directly or through the hotel and provided by third parties, where such costs have been paid in advance by the hotel.

3.3 The agreed prices include all taxes and local charges applicable at the time the contract is concluded. Local charges payable directly by the guest under applicable municipal regulations, such as tourist tax, are not included. If statutory VAT rates change or if local charges applicable to the services are introduced, amended, or abolished after the conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this shall only apply if more than four months elapse between the conclusion of the contract and the provision of the services.

3.4 The hotel may make its consent to a customer’s request for a subsequent reduction in the number of rooms booked, the hotel’s services, or the customer’s length of stay conditional upon an increase in the price of the rooms and/or other hotel services.

3.5 Hotel invoices without a specified due date shall be payable within ten days of receipt of the invoice, without deductions. The hotel may request immediate payment of due claims from the customer at any time. In the event of late payment by the customer, statutory provisions shall apply. The hotel reserves the right to prove that it has incurred greater damages.

3.6 Upon conclusion of the contract, the hotel may require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee. The amount of the advance payment and the payment deadlines may be agreed in text form in the contract. Statutory provisions shall remain unaffected in the case of advance payments or securities for package holidays. Statutory provisions shall apply in the event of late payment by the customer.

3.7 In justified cases, such as payment arrears by the customer or an extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract and up until the start of the stay, to request an advance payment or security within the meaning of Section 3.6 above, or to increase the previously agreed advance payment or security up to the full agreed remuneration.

3.8 Furthermore, at the beginning of and during the stay, the hotel shall be entitled to request from the customer a reasonable advance payment or security within the meaning of Section 3.6 above for existing and future claims arising from the contract, insofar as such payment or security has not already been provided pursuant to Sections 3.6 and/or 3.7 above.

3.9 The customer may only offset or set off claims against claims of the hotel if the customer’s claims are undisputed or have been legally established.

4. Cancellation by the Customer (Cancellation, Withdrawal) / Non-Utilisation of Hotel Services (No-Show)

4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists, or if the hotel expressly agrees to terminate the contract. Any agreement regarding a right of withdrawal or the hotel’s consent to contract termination should be made in text form.

4.2 If the hotel and the customer have agreed on a deadline by which the customer may cancel the contract free of charge, the customer may withdraw from the contract up to that deadline without triggering any payment or compensation claims by the hotel. The customer’s right of withdrawal shall expire if it is not exercised towards the hotel by the agreed deadline.

4.3 If no right of withdrawal has been agreed, or if such right has expired, and no statutory right of withdrawal or termination exists, and the hotel does not agree to terminate the contract, the hotel shall retain its entitlement to the agreed remuneration even if the customer does not use the services. The hotel shall deduct any income generated from renting the rooms to other parties as well as any expenses saved as a result.

If the rooms cannot be rented elsewhere, the hotel may apply a flat-rate deduction for saved expenses. In this case, the customer shall be obliged to pay at least:

• 90% of the agreed price for accommodation with or without breakfast, as well as package arrangements including third-party services;
• 70% for half-board arrangements;
• 60% for full-board arrangements.

The customer shall be entitled to prove that the claim did not arise at all or did not arise in the amount claimed.

5. Cancellation by the Hotel

5.1 If it has been agreed that the customer may cancel the contract free of charge within a specified period, the hotel shall likewise be entitled to withdraw from the contract during this period if requests from other customers are received for the rooms booked under the contract and the customer, upon request by the hotel and within a reasonable deadline, does not waive their right of cancellation.

5.2 If an advance payment or security agreed or requested pursuant to Sections 3.6 and/or 3.7 is not provided even after expiry of a reasonable additional deadline 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 for a justified reason, in particular if:

• force majeure or other circumstances beyond the hotel’s control make fulfilment of the contract impossible;
• rooms or premises are booked by providing misleading or false information or by withholding essential facts; essential information may include the identity of the customer, their ability to pay, or the purpose of the stay;
• the hotel has reasonable grounds to assume that the use of its services may jeopardise the smooth operation of the business, security, or reputation of the hotel in public, provided that such circumstances are not attributable to the hotel’s own sphere of responsibility or organisation;
• the purpose or reason for the stay is unlawful;
• there is a violation of Section 1.2 above.

5.4 A justified withdrawal by the hotel shall not entitle the customer to claim damages.

6. Provision, Handover and Return of Rooms

6.1 The customer shall not acquire any entitlement to the provision of a specific room unless this has been expressly agreed.

6.2 Booked rooms shall be available to the customer from 3:00 p.m. on the agreed arrival date. The customer shall have no right to earlier availability.

6.3 On the agreed departure date, rooms must be vacated and returned to the hotel no later than 12:00 noon. If the room is not vacated on time, the hotel may charge the customer for continued use of the room beyond the contractual period as follows:

• 50% of the full accommodation price (list price) for use until 6:00 p.m.;
• 90% of the full accommodation price (list price) for use after 6:00 p.m.

This shall not establish any contractual entitlement on the part of the customer to extend the stay. The customer shall be entitled to prove that the hotel incurred no loss or that the actual claim is significantly lower.

7. Liability of the Hotel

7.1 The hotel shall be liable for damages caused by breaches of its obligations resulting in injury to life, body, or health. Furthermore, the hotel shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, or from an intentional or negligent breach of obligations that are typical for the contract. A breach of duty by a legal representative or vicarious agent of the hotel shall be deemed equivalent to a breach of duty by the hotel itself.

Any further claims for damages shall be excluded unless otherwise provided for in this Section 7.

Should disruptions or defects occur in the hotel’s services, the hotel shall, upon becoming aware of them or upon receiving an immediate complaint from the customer, make reasonable efforts to remedy the situation. The customer shall be obliged to take all reasonable steps to help resolve the disruption and minimise any potential damage.

7.2 The hotel shall be liable for items brought into the hotel by the customer in accordance with statutory provisions. The hotel recommends that guests use the hotel or room safe.

If the guest wishes to bring in money, securities, valuables worth more than EUR 200, or other items worth more than EUR 3,500, a separate safekeeping agreement with the hotel shall be required.

7.3 If the customer is provided with a parking space in the hotel garage or on the hotel car park, including against payment, this shall not constitute a custodial agreement.

In the event of loss of or damage to vehicles parked or manoeuvred on the hotel premises, or their contents, the hotel shall only be liable in accordance with the provisions of Section 7.1 above, sentences 1 to 4.

7.4 Wake-up calls shall be carried out by the hotel with the utmost care. Messages, mail, and deliveries intended for guests shall be handled with due care. The hotel shall arrange delivery, safekeeping and, upon request and against payment, forwarding of such items.

The hotel shall only be liable in this respect in accordance with the provisions of Section 7.1 above, sentences 1 to 4.

8. Final Provisions

8.1 Amendments and additions to the contract, the acceptance of the customer’s booking request, or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer shall be invalid.

8.2 In commercial transactions, the place of performance and payment, as well as the exclusive place of jurisdiction — including disputes concerning cheques and bills of exchange — shall be Badenweiler.

If a contractual party fulfils the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Badenweiler.

8.3 German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law provisions shall be excluded.

8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected. In all other respects, the statutory provisions shall apply.

Aparthotel Tannenhof
Schinberg Impex GmbH
Badstraße 42, 79410 Badenweiler

Version: May 2026