I. General Terms and Conditions
1. The contract is concluded upon the hotel’s confirmation of the order to the customer (a collective term for the person placing the order, the organizer, the guest, etc.). Only these terms and conditions form part of the contract; any terms and conditions of the customer are not recognized; they apply to all services provided by the hotel, in particular the provision of hotel rooms, conference and banquet rooms, and other hotel premises (hereinafter collectively referred to as: “service provision”). If a third party has made a booking on behalf of a customer, that third party is jointly and severally liable to the hotel together with the customer. The hotel may require a reasonable advance payment from the customer and/or the third party. Subletting or subleasing requires the written consent of the hotel.
2. Prices are determined in accordance with the price list valid at the time of service provision. If fixed prices are stated in the order confirmation and there are more than 4 months between the conclusion of the contract and the provision of services, the hotel is entitled to make price changes.
3. The contracting party has no right to the provision of specific rooms or premises. If the agreed-upon premises are not available, the hotel will endeavor to provide equivalent accommodations at other properties. The contracting party must, if necessary, accept a reasonable waiting period for this purpose.
4. In the case of concluded hotel accommodation contracts where the customer may unilaterally withdraw from the contract (reservations), the right of withdrawal expires—even for customers who are tour operators—if written notice of withdrawal is not provided to the hotel within the period specified in the reservation. If no deadline is specified, cancellation may be declared no later than 12 weeks before the start of service provision (received in writing by the hotel).
5. Reserved rooms are available to the guest starting at 4:00 p.m. They must be vacated by 11:00 a.m. on the day of departure at the latest. Unless otherwise agreed, room reservations are guaranteed and will be held for arrivals after 6:00 p.m. In the event of a cancellation after 4:00 p.m. or a no-show, 90% of the room rate will be charged, unless otherwise agreed. The guest has no right to the provision of specific rooms or facilities. If these are promised in the order confirmation but are not available, the hotel is obligated to endeavor to provide an equivalent substitute within the hotel or at other properties.
6. A non-binding option expressly designated as such must be exercised or returned no later than 42 calendar days prior to the arrival date. Exercised options are treated as firm reservations. If the option is not exercised in a binding manner by the deadline, the hotel is entitled to allocate the reserved service to another party.
7. Invoices not due on a specific date are payable in full within ten days of the invoice date; default occurs upon receipt of the first reminder. From the date of default, interest shall be charged on the invoice at a rate of 8% above the base rate or the European Central Bank’s reference rate, unless the hotel proves a higher amount of damages resulting from the default or the customer proves a lower amount. A reminder fee of €5.00 is due for each reminder sent after the onset of default.
8. The contracting party may offset counterclaims against the hotel only to the extent that such claims are undisputed or have been legally established. Default on payment of even a single invoice entitles the hotel to suspend all further and future services for the customer across all establishments or to make such services contingent upon 100% advance payment. The hotel shall decide on this without prior notice. For a total reservation of more than 9 nights, the hotel reserves the right to demand an advance payment of 50% of the booked services; if the customer’s residence or registered office is located abroad, the hotel reserves the right to demand an advance payment of 100% of the booked services. This amount is due 30 calendar days prior to arrival.
9. If a guest fails to accept contractual services that they have ordered or reserved in advance, they remain liable to pay the agreed price in accordance with the rate they booked.
10. Items or materials left in the hotel’s public areas, technical facilities, or conference rooms are not considered to have been deposited unless they have been expressly taken into custody by an authorized person. Valuables such as jewelry, fur coats, and money must be deposited at the front desk. For this purpose, a special storage agreement must be concluded with an authorized person. Liability is excluded for valuables not deposited. In rooms, liability extends only to those items and materials brought in by the person entitled under the accommodation contract. The hotel’s liability for items and materials brought in is limited to a maximum of €3,000, except in cases of intent or gross negligence. Money, securities, and valuables may be stored in the hotel or room safe up to a maximum value of €800. The hotel recommends making use of this option.
11. Consuming food and beverages brought from outside is prohibited in the hotel’s public areas.
12. a) The hotel endeavors to fulfill wake-up calls with the diligence of a prudent businessman.
b) The hotel must be notified in advance of any messages, mail, or packages addressed to the guest. The hotel will only store, deliver, and—upon request and for a fee—forward such items.
c) Items left behind by the guest will be forwarded only upon request, at the guest’s risk and expense. The hotel will store the items for three months and charge a reasonable fee for this service. Thereafter, provided the items have recognizable value, they will be handed over to the local lost and found office.
d) Any liability of the hotel under a)-c) is excluded.
13. The hotel is liable with the diligence of a prudent businessman. Should malfunctions or defects occur in the hotel’s facilities, the hotel will endeavor to remedy the situation upon immediate notification by the guest. Notwithstanding Section 11 and Sections 701 et seq. of the German Civil Code (BGB), the hotel shall be liable only in cases of intent or gross negligence on the part of the legal representatives of the hotel company or the hotel’s executive staff. Storage of items requires an express agreement. Set-off, reduction, or retention are permissible for the guest only in the case of undisputed or legally established counterclaims. Any liability on the part of the hotel is limited, in terms of amount, to the agreed rental price, except as provided in Sections 701 et seq. of the German Civil Code (BGB). The statute of limitations for all claims by the guest is 6 months, calculated from the termination of the contract. This limitation of liability and short statute of limitations also apply in favor of the hotel in the event of a breach of obligations during contract negotiations, positive breach of contract, and torts.
14. If a contracting party jeopardizes the hotel’s business operations or the safety of the hotel or its guests, the hotel may terminate the contract. This also applies in cases of force majeure and other unforeseeable, extraordinary, and unforeseeable circumstances beyond the hotel’s control, if this renders the hotel’s performance impossible, unreasonable, or of no interest to the contracting party.
15. If, in the context of events, the organizer is a political, religious, or ideological group, the validity of the contract additionally requires the approval of the hotel management. If the organizer conceals from the hotel that they represent a political, religious, or ideological group, the contract is provisionally invalid. If management does not grant approval even retroactively, the contract is invalid and the hotel is entitled to refuse performance. In this case, the organizer is obligated to reimburse the hotel for all expenses incurred by the hotel in reliance on the validity of the contract.
16. a) The customer is liable to the hotel for any damage or loss occurring during the term of the contract, unless the damage falls within the hotel’s sphere of responsibility or was caused by a third party who actually provides compensation, in which case the customer must provide proof thereof.
b) The hotel may require the organizer to provide appropriate security (e.g., advance payments, insurance, deposits).
The hotel’s contractual liability for defects existing at the time the contract is concluded, which did not arise as a result of circumstances for which the hotel is responsible, is excluded.
17. If it has been contractually agreed that the customer may withdraw from the contract within a certain period, the hotel is entitled during this period to withdraw from the contract if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive their right to withdraw upon inquiry by the hotel.
18. If an agreed advance payment or security deposit is not made even after the expiration of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
19. Furthermore, the hotel is entitled to withdraw from the contract for good cause, for example if
- force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible;
- rooms are booked through culpable misrepresentation or false statements regarding facts essential to the contract, e.g., regarding the customer’s identity or the purpose of the stay;
- the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational responsibility;
- the purpose or reason for the stay is unlawful;
In the event of a justified cancellation by the hotel, the guest shall have no claim for damages.
20. The contracting party is obligated to report any defects to the hotel immediately, at the latest upon departure. Claims by the contracting party must be asserted against Hotel Halm within one month of the contractually agreed termination of service provision. After this period has expired, the contracting party may assert claims only if he or she was prevented from meeting the deadline through no fault of his or her own. Claims by the contracting party are subject to a six-month statute of limitations. The statute of limitations begins on the calendar day on which the provision of services was to end according to the contract. If the contracting party has asserted claims against the hotel, the statute of limitations is suspended until the calendar day on which the hotel rejects the claims in writing.
21. For booked services or rooms reserved through a hotel accommodation contract, the agreed-upon fee is payable even if the booking is subsequently canceled by the customer or the customer fails to appear (Section 552 of the German Civil Code (BGB)). The amount of the fee depends on the booked rate.
22. For other services provided—i.e., booked services other than the hotel services mentioned in the second sentence, in particular rental fees (for rooms, equipment, setup costs, etc.) and agreed-upon sales of food and beverages at an event, etc.—the date of cancellation determines the amount of the hotel’s claim to reasonable compensation. This amount is derived from the hotel’s order confirmation and the appendix (Section II 2.) to these Terms and Conditions; any expenses saved in connection with the provision of other services are thereby settled. The customer reserves the right to prove higher damages.
23. The place of performance and payment for both parties is Konstanz. German law applies. The place of jurisdiction—including for disputes regarding checks and bills of exchange—in commercial transactions is the location of the hotel.
24. Any deviating agreements or ancillary agreements must be in writing to be valid. Should individual provisions of the contract—including these Terms and Conditions—be invalid, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the invalid provisions with valid ones that come as close as possible to the meaning of the invalid provisions.
II. Additional Terms and Conditions for Events (Seminars, Conferences, and Banquets)
1. Reservations for events become binding for the hotel only when the organizer signs the order confirmation sent by the hotel and the hotel receives it within the specified time limit.
2. If the number of participants is reduced by more than 10% from the originally reserved number, the hotel will invoice 90% of the originally reserved number of participants for all booked services. This provision applies as soon as the signed order confirmation is received by the hotel. Furthermore, the hotel reserves the right to unilaterally terminate the contract. In the event that the number of participants is exceeded, the organizer must reimburse the hotel separately for the additional expenses incurred as a result. A larger room corresponding to the changed number of people is only possible upon consultation with the hotel; however, there is no entitlement to such a room. The following rule applies to event cancellations:
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Cancellation on the day of the event before the event |
The hotel's claim |
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up to 12 weeks |
Berechnung der Miete (gemäß Auftragsbestätigung) entfällt, vorausgesetzt, das Hotel kann anderweitig vermieten |
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12 – 4 weeks |
Calculation of rent plus 33% of expected revenue. For conference packages, 60% of the agreed-upon package rate multiplied by the number of participants |
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4 weeks – 8 days |
Calculation of the rent plus 66% of the expected revenue. Furthermore, as with the preceding deadline. |
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8 to 3 days |
Calculation of rent plus 80% of expected revenue. For conference packages, 85% of the agreed-upon package rate multiplied by the number of participants |
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Auszug aus den AGB´s der Mitgliedsunternehmen des Hotelverband Deutschland (IHA) e.V. |
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3. The organizer may not, as a general rule, bring food or beverages to the events unless they are part of the event itself or are intended for demonstration purposes. In special cases (national specialties, kosher food, etc.), a different arrangement may be made in writing. In such cases, a service fee or corkage fee, the amount of which is to be specified in the agreement, will be charged.
4. The installation of decorative materials or similar items, as well as the use of areas in the hotel outside the rented rooms—e.g., for exhibition purposes—requires the hotel’s written consent and may be subject to the payment of an additional fee. These and other items brought in by the customer must comply with local fire safety and other regulations. If they are not picked up immediately, or at the latest within 12 hours after the end of the event, they will be stored at the hotel, for which the customer shall owe reasonable compensation, at least in the amount of the rental costs for the room used. Trash left behind by the customer may be disposed of by the hotel at the customer’s expense.
5. The event organizer is liable for any damage to the facilities or furnishings caused during setup or takedown, as well as during the event, by event participants, visitors, employees, other third parties associated with the organizer, or the organizer themselves, and for which the hotel is not responsible. The event organizer is advised to take out insurance to cover damages for which the hotel is not responsible.
6. The customer must obtain any official permits required for an event in a timely manner and at their own expense. The customer is responsible for complying with public law requirements and other regulations. Any fees payable to third parties in connection with the event, in particular GEMA fees, entertainment tax, curfew exemptions, etc., must be paid directly to the creditor.
7. To the extent that the hotel procures technical or other equipment from third parties on behalf of the customer, it acts under the customer’s authority and for the customer’s account; the customer is liable for the careful handling and proper return of the equipment and indemnifies the hotel against all claims by third parties arising from the provision of such equipment.
8. Reservations are generally not binding for the hotel until the organizer has paid a deposit of at least 50% of the agreed invoice amount, payable 14 calendar days in advance. For invoice amounts up to €250, the entire invoice amount is due in full at the time of reservation. Any deviation from this rule requires the written consent of Hotel Halm. Section I.8 of these General Terms and Conditions applies to cancellations. In the event of a cancellation, the deposit will be offset against the cancellation fees by Hotel Halm.
9. The customer undertakes to inform the hotel immediately and without being asked, but no later than upon conclusion of the contract, that the provision of services and/or the event, whether due to its political, religious, or other nature, is likely to attract public interest or adversely affect the hotel’s interests. Newspaper advertisements, other promotional measures, and publications that refer to the hotel and/or contain, for example, invitations to job interviews or sales events, generally require the hotel’s written consent. If the customer violates this duty to disclose or if a publication is made without such consent, the hotel has the right to cancel the event. In this case, Section 4 of the General Terms and Conditions (payment of rent and reasonable compensation) as well as the Appendix to these Terms and Conditions shall apply.
10. The name of the hotel where the event is taking place may only be published with the written consent of a representative of the hotel. An exception to this is the publication of the hotel name for the purpose of indicating the event location and providing directions, provided that such publication does not occur in media accessible to an unlimited number of people and provided that the hotel name is not particularly highlighted in relation to the rest of the text.
11. For events that extend beyond the contractually agreed time period, or otherwise beyond 11:00 p.m., the hotel may charge additional fees, particularly for follow-up events and staff.
III. Additional Terms and Conditions for Groups – unless otherwise agreed upon in the contract, the following provisions apply:
1.1 For the purposes of these Terms and Conditions, “groups” refer to travel groups with a minimum of 10 booked participants who arrive and depart together. A single consolidated invoice will be issued and handed over to the tour leader. For groups with fewer than 10 participants, the rates for individual travelers apply. There is no entitlement to group rates; however, group rates may be granted based on individual agreements, subject to availability and demand.
2.1 Reservations must be confirmed in writing:
Recurring groups are confirmed upon signing the contract.
One-time groups are confirmed 42 calendar days prior to the respective group’s arrival.
The final list of names of the members of the respective group must be provided to the hotel no later than 10 calendar days prior to arrival.
3.1 The hotel will send the organizer a reservation confirmation containing the essential details of the reservation, as well as information regarding check-in and payment terms.
4.1 Deposit and Cancellation
a) Regular groups
The advance payment is equal to the cost of accommodation for an average stay. This amount is due upon confirmation of the booking and will be applied to the final stay in the series.
b) One-time groups
Reservations are only binding for the hotel after a 50% deposit has been paid following confirmation of the booking; if the organizer’s place of residence or registered office is located abroad, after a 100% deposit has been paid following confirmation of the booking. This deposit will be retained by the hotel in the event of a cancellation if the cancellation occurs within 42 calendar days prior to the group’s arrival.
For group cancellations, Section I.8 of these General Terms and Conditions applies accordingly.
5.1 Invoicing for Individual Groups
Invoices are payable in euros four calendar days prior to the group’s arrival via bank transfer or upon the group’s arrival, unless otherwise agreed.
6.1 All costs incurred in addition to the standard contractual services, such as telephone, bar, etc., unless otherwise specified in the contract, are to be paid by each participant individually upon departure. In the event of non-payment by individual participants, the organizer is liable.
