Terms and Conditions

General Terms and Conditions (Hotel Accommodation Contract)

I. Scope of Application

1. These General Terms and Conditions apply to hotel accommodation contracts and to all other services and deliveries provided by the Hotel to the Guest.
2. Any deviating provisions, including those contained in the Guest’s or Booking Party’s general terms and conditions, shall not apply unless expressly acknowledged by the Hotel in text form.

II. Conclusion of Contract; Contracting Parties

1. Upon receipt of a booking enquiry from the Guest and the corresponding booking confirmation issued by the Hotel, a hotel accommodation contract (hereinafter referred to as the “Contract”) is concluded between the relevant operating company of the Hotel and the Guest.
2. The contracting parties are the Hotel and the Guest. If a third party makes the booking on behalf of the Guest, that third party, as the Booking Party, shall be jointly and severally liable with the Guest to the Hotel for all obligations arising from the Contract, provided that the Hotel has received a corresponding declaration from the Booking Party. Irrespective of this, every Booking Party is obliged to forward all booking-related information, in particular these General Terms and Conditions, to the Guest.
3. The subletting or further letting of the rooms provided, as well as their use for purposes other than accommodation, requires the Hotel’s prior consent in text form.

III. Services, Prices, Payment, Set-Off

1. The Hotel is obliged to make the rooms booked by the Guest available in accordance with these General Terms and Conditions and to provide the agreed services.
2. The Guest is obliged to pay the prices applicable or agreed for the provision of the rooms and for any additional services used by the Guest. This also applies to services and expenses incurred by the Hotel in relation to third parties at the request of the Guest or the Booking Party. The agreed prices include the applicable statutory value-added tax (VAT).

If the period between the conclusion of the Contract and the Guest’s arrival exceeds four months, and statutory VAT or any applicable local taxes and charges increase after the Contract has been concluded, or new local taxes and charges are introduced, the Hotel reserves the right to increase the agreed prices by the amount of the increase in VAT or local taxes and charges, or by the amount of any newly introduced local taxes and charges.

3. The Hotel may make its consent to any reduction requested by the Guest after the conclusion of the Contract in the number of rooms booked, the services to be provided by the Hotel, or the duration of the Guest’s stay conditional upon an increase in the price of the rooms and/or other Hotel services.
4. Invoices issued by the Hotel shall be payable immediately upon receipt, without deduction. The Hotel may demand immediate payment of any outstanding amounts due from the Guest at any time.

The Guest shall be in default of payment no later than when payment has not been made within 30 days of the due date and receipt of the invoice. In the case of a Guest who is a consumer, this shall apply only if the consequences of non-payment have been specifically indicated on the invoice.

For each payment reminder issued after the Guest has fallen into default, the Hotel may charge a reminder fee of €5.00.

5. Upon conclusion of the Contract, the Hotel is entitled to require the Guest to make a reasonable advance payment or provide security in the form of a credit card guarantee, a deposit or a similar arrangement. The amount of the advance payment and the payment dates may be agreed in the Contract in text form.
6. In justified cases, for example where the Guest is in arrears with payments or the scope of the Contract is extended, the Hotel is entitled, even after the conclusion of the Contract and up until the beginning of the stay, to require an advance payment or security within the meaning of Section III.5 above, or to increase the advance payment or security agreed in the Contract up to the full agreed remuneration.
7. The Hotel is also entitled to require the Guest, at the beginning of and during the stay, to make a reasonable advance payment or provide security within the meaning of Section III.5 above for existing and future claims arising from the Contract, insofar as such payment or security has not already been provided pursuant to Section III.5 and/or Section III.6 above.
8. The Guest may set off claims against claims asserted by the Hotel only if the Guest’s claims are undisputed or have been established by a final and binding court judgment.

IV. Withdrawal by the Guest; Cancellation

1. The Hotel grants the Guest the right to withdraw from the Contract at any time.

The following provisions shall apply:

a) If the Guest withdraws from the booking, the Hotel shall be entitled to reasonable compensation.

b) Instead of calculating the compensation on the basis of the actual loss incurred, the Hotel may, at its discretion, claim a fixed amount of compensation from the Guest.

The fixed compensation shall amount to:

• 90% of the contractually agreed price for overnight accommodation with or without breakfast;
• 70% of the contractually agreed price for overnight accommodation with half-board; and
• 60% of the contractually agreed price for overnight accommodation with full-board arrangements.

The Guest shall be entitled to prove that the Hotel has suffered no loss or that the loss incurred by the Hotel is lower than the fixed amount of compensation claimed.

c) If the Hotel calculates the compensation on the basis of the actual loss incurred, the amount of compensation shall not exceed the contractually agreed price for the services to be provided by the Hotel.

2. The above provisions regarding compensation shall apply accordingly if the Guest fails to use the booked room or rooms or other booked services without notifying the Hotel in good time.
3. If the Hotel has granted the Guest an option under the Contract to withdraw from the Contract within a specified period without further legal consequences, the Hotel shall not be entitled to compensation.

The timeliness of the withdrawal shall be determined by the time at which the notice of withdrawal is received by the Hotel. The Guest must declare the withdrawal in text form.

V. Withdrawal by the Hotel

1. If the Guest has been granted a right to withdraw from the Contract free of charge pursuant to Section IV.3, the Hotel shall likewise be entitled to withdraw from the Contract within the agreed period if other guests enquire about the rooms booked and the Guest, upon being asked by the Hotel, does not waive their right to withdraw free of charge pursuant to Section IV.3.
2. If an agreed advance payment or security, or an advance payment or security required pursuant to Section III.5 and/or Section III.6 above, is not provided even after the expiry of an additional grace period set by the Hotel, the Hotel shall also be entitled to withdraw from the Contract.
3. Furthermore, the Hotel shall be entitled to withdraw from the Contract, in particular, if:

• Force majeure or other circumstances for which the Hotel is not responsible make fulfilment of the Contract impossible;
• Rooms are booked by providing misleading or false information regarding material facts, for example concerning the identity of the Guest or the purpose of the stay;
• The Hotel has reasonable grounds to believe that use of the Hotel’s services may jeopardise the smooth operation of its business, its security or its public reputation, where such risk is not attributable to the Hotel’s sphere of control or organisation;
• Unauthorised subletting or further letting occurs in breach of Section II.3;
• A situation described in Section VI.3 arises;
• The Hotel becomes aware of circumstances indicating that the Guest’s financial circumstances have deteriorated substantially after the conclusion of the Contract, in particular if the Guest fails to settle payments due to the Hotel or fails to provide adequate security, thereby placing the Hotel’s payment claims at risk;
• The Guest has filed an application for the opening of insolvency proceedings over their assets, submitted a declaration of assets pursuant to Section 802c of the German Code of Civil Procedure (Zivilprozessordnung), initiated out-of-court proceedings for the settlement of debts, or ceased making payments;
• Insolvency proceedings have been opened over the Guest’s assets, or the opening of such proceedings has been refused due to insufficient assets to cover the costs of the proceedings.

4. The Hotel shall notify the Guest without undue delay, in text form, of its exercise of the right to withdraw from the Contract.
5. In the aforementioned cases of withdrawal by the Hotel, the Guest shall have no claim for damages.

VI. Arrival and Departure

1. The Guest shall have no entitlement to the provision of a specific room unless the Hotel has confirmed the allocation of that specific room in text form.
2. Booked rooms shall be available to the Guest from 3:00 p.m. on the agreed arrival date. The Guest shall have no entitlement to earlier access to the room.
3. The Guest must take possession of the booked room or rooms no later than 6:00 p.m. on the agreed arrival date. Unless a later arrival time has been expressly agreed, the Hotel shall be entitled to allocate the booked rooms to other guests after 6:00 p.m., without the Guest being entitled to claim compensation as a result. In such circumstances, the Hotel shall be entitled to withdraw from the Contract.
4. On the agreed departure date, the rooms must be vacated and made available to the Hotel no later than 11:00 a.m.

Thereafter, in addition to any damages incurred as a result, the Hotel may charge €10.00 for each commenced hour of additional room use until 6:00 p.m. From 6:00 p.m. onwards, 100% of the full applicable accommodation rate shall be charged.

The Guest shall be entitled to prove that the Hotel has suffered no loss or that the loss incurred was substantially lower.

VII. Hotel Liability; Limitation Periods

1. If any disruption or defect occurs in the services provided by the Hotel, the Hotel shall endeavour to remedy the situation upon receiving prompt notification from the Guest.

If the Guest culpably fails to notify the Hotel of a defect, the Guest shall not be entitled to a reduction in the contractually agreed remuneration on account of that defect.

2. The Hotel shall be liable in accordance with statutory provisions for all damage resulting from injury to life, limb or health, as well as where the Hotel has assumed a guarantee or has fraudulently concealed a defect.
3. For all other damage not covered by Section VII.2 above and caused by slight negligence on the part of the Hotel, its legal representatives or its vicarious agents, the Hotel shall be liable only if such damage results from a breach of an obligation that is characteristic of the Contract. In such cases, liability shall be limited to damage that was foreseeable and typical for the Contract.
4. The foregoing limitations of liability shall apply to all claims for damages, irrespective of their legal basis, including claims arising from tort.

The foregoing limitations and exclusions of liability shall also apply in cases where a Guest asserts claims for damages against employees or vicarious agents of the Hotel.

They shall not apply to liability for defects where a guarantee has been given as to the quality of an item or work, in cases of fraudulently concealed defects, or in cases involving personal injury.

5. In respect of property brought onto the premises by the Guest, the Hotel shall be liable in accordance with statutory provisions, i.e. up to one hundred times the accommodation price, subject to a maximum of €3,500.00.

For valuables (cash, jewellery, etc.), such liability shall be limited to €800.00.

The Hotel recommends that Guests make use of the room safe or the central hotel safe for the safekeeping of valuables.

6. Where a parking space is made available to the Guest in the Hotel garage or in a Hotel car park, whether free of charge or for a fee, this shall not constitute a contract of custody.

The Hotel shall have no duty to supervise the parked vehicles.

The Hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the Hotel premises, or to their contents, unless such loss or damage is attributable to intent or gross negligence on the part of the Hotel, its legal representatives or its vicarious agents.

In such cases, the claim for damages must be made to the Hotel no later than the time the Guest leaves the Hotel premises.

7. Wake-up calls shall be carried out by the Hotel with the utmost care. Claims for damages shall be excluded except in cases of gross negligence or wilful misconduct.
8. Messages, mail and deliveries addressed to Guests shall be handled with due care.

The Hotel shall arrange for their delivery and safekeeping and, at the Guest’s request and for a fee, their forwarding. The same applies to lost property upon request.

Claims for damages shall be excluded except in cases of gross negligence or wilful misconduct.

After a storage period of no more than one month, the Hotel shall be entitled to hand over the aforementioned items to the local lost property office and charge a reasonable fee.

9. Claims for damages brought by the Guest shall become time-barred no later than two years after the date on which the Guest became aware of the damage or, irrespective of such knowledge, no later than three years after the date of the event causing the damage.

This shall not apply to liability for damage resulting from injury to life, limb or health, or to other damage resulting from an intentional or grossly negligent breach of duty by the Hotel, its legal representatives or its vicarious agents.

VIII. Prohibition of Smoking, Fire and Intoxicating Substances

1. The lighting of fires or open flames and smoking of any kind are prohibited throughout the Hotel.

This includes cigarettes, cigars, cigarillos, electronic cigarettes (vapes), heated tobacco products (e.g. IQOS), water pipes, as well as the consumption of cannabis and other smoking products.

Smoking is permitted exclusively in designated areas.

Furthermore, the possession, consumption and carrying of illegal drugs and intoxicating substances are prohibited throughout the Hotel.

For safety reasons, the Hotel reserves the right to conduct a visual inspection of rooms on a daily basis.

In the event of a violation, the Hotel shall be entitled to terminate the accommodation contract with immediate effect.

In the event of a breach of the smoking ban, the Hotel reserves the right to charge the Guest a flat fee of up to €200.00 for special cleaning.

IX. Vouchers

1. General Provisions

The vouchers offered constitute a non-binding invitation to submit a purchase offer. An order for a voucher placed by the Guest constitutes a binding offer to purchase, which is accepted by Hotel Stadt Lörrach (GC Hospitality GmbH). A legally binding purchase contract is thereby concluded between the Guest and the Hotel.

The prices stated include any applicable statutory value-added tax (VAT).

Vouchers may be ordered by telephone, by email or in person at the Hotel reception.

Each voucher is assigned a unique, clearly identifiable voucher number. The Hotel will redeem the voucher upon presentation of the corresponding voucher number.

The Hotel is not obliged to verify whether the person redeeming a voucher is legally entitled to possess it.

If additional vouchers bearing the same voucher number are presented, this shall constitute misuse and may be subject to criminal prosecution.

2. Payment and Delivery

The Guest may pay for vouchers by credit card, debit card (EC card), cash or invoice. In the case of purchases by invoice, the provisions set out in Section III.4 shall apply.

Once payment for the purchased voucher has been received, the Hotel will send the voucher to the Guest. Any postage costs incurred shall be borne by the Guest.

Vouchers cannot be sent by email.

In the event of postal delivery, the Hotel shall not be liable for any delays in delivery.

If the Guest receives the voucher before payment has been made to the Hotel, the voucher shall become valid only once payment has been made in full.

The Hotel reserves the right to withhold the value or services specified in the voucher until full payment has been received.

3. Validity

Vouchers are valid for one year from the date of issue and may be redeemed upon request and subject to prior reservation.

The validity period may be extended by agreement with the Hotel. Any such extension must be made in writing.

Any price increases must be paid directly to the Hotel.

Lost vouchers will not be replaced by the Hotel.

4. Changes to Services, Cash Redemption, Invoicing and Partial Redemption

In principle, all vouchers issued by the Hotel, including value vouchers and vouchers for specific services, may be redeemed for any services offered by the Hotel.

Vouchers and any remaining voucher balances cannot be paid out in cash.

An invoice complying with statutory requirements and showing VAT separately may only be issued once the relevant service has actually been provided, i.e. when the voucher is redeemed.

At the time of voucher purchase, only a payment receipt can be issued.

If a voucher is only partially redeemed, the remaining balance shall be recorded on the voucher and acknowledged to the Guest. No cash payment of the remaining balance shall be made.

5. Guest Data

The Hotel is entitled to collect, process and store the Guest data required in connection with the voucher order in accordance with applicable data protection laws.

6. Right of Withdrawal

For every voucher purchase, the Guest may withdraw from the purchase within 24 hours of the purchase.

The withdrawal must be submitted directly to the Hotel in writing.

If the withdrawal is submitted within the specified period and in the required form, any payment already made shall be refunded and the transaction reversed.

The voucher in respect of which the purchase has been cancelled shall consequently become invalid.

X. Final Provisions

1. Any amendments or additions to the Contract, the acceptance of the booking or these General Terms and Conditions for Hotel Accommodation should be made in text form. Unilateral amendments or additions made by the Guest shall be invalid.
2. The place of performance and payment shall be the registered office of the Hotel.
3. Where the Hotel’s contractual partner is a merchant or a legal entity under public law, the place of jurisdiction shall be the registered office of the Hotel or, at the Hotel’s discretion, Baden-Baden.

If the Hotel’s contractual partner has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the Hotel.

However, the Hotel shall be entitled to bring legal actions and initiate other court proceedings at the Guest’s general place of jurisdiction as well.

The Hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

4. The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
5. Should any individual provision of these General Terms and Conditions for Hotel Accommodation be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In all other respects, the applicable statutory provisions shall apply.

 

Status: October 2026
GC Hospitality GmbH