General Terms and Conditions for Hotel Accommodation Contracts
1. These Terms and Conditions apply to contracts governing the letting of hotel rooms for accommodation
purposes, and to all the other services provided by the Kempinski Grand Hotel Heiligendamm (hereinafter
"Hotel") to its clients.
2. The subletting of rooms and the use of rooms for purposes other than accommodation require the prior
written consent of the Hotel, whereby if the client is not a consumer1, § 540 (1) sentence 2 German Civil
Code shall be waived.
3. The client's general terms and conditions of business shall only apply if an express written agreement to this
end has previously been entered into.
II. Conclusion of the Contract, Contracting Parties, Contractual Liability, Limitation
1. The contract shall come into effect upon the Hotel's acceptance of the client's request for accommodation.
The Hotel may, at its discretion, confirm the room reservation in writing.
2. The contracting parties are the Hotel and the client. Should the client's room have been booked on his
behalf by a third party, the client and the third party shall be liable vis-à-vis the Hotel as joint and several
debtors for all the obligations arising under the hotel accommodation contract, as long as the Hotel is in
possession of a declaration by the third party consenting to this term.
3. In principle, all claims against the Hotel become statute barred one year after the commencement of the
regular limitation period, dependent on the claimant having actual knowledge, laid down in § 199 l German
Civil Code. Damage claims become statute barred in five years, independently of the claimant having actual
knowledge. These reductions in the limitation period do not apply to claims based on an intentional or
grossly negligent breach of duty by the hotel.
III. Services, Prices, Payment, Set-Off
1. The Hotel is obliged to make available the room reserved by the client, and to render the agreed services.
2. The client is obliged to pay the applicable or agreed Hotel prices for the room and the services of which he
avails himself. This shall also apply to services which the client causes the Hotel to provide to third parties
and to expenses which the client causes the Hotel to incur vis-à-vis third parties.
3. The agreed prices include statutory VAT. Should the sales tax included in the prices be increased by law, the
Hotel shall be entitled to adjust the agreed prices accordingly, without the explicit prior consent of the
client. If the period between conclusion of the contract and performance of the contract exceeds four
months, and there is a general increase in the prices charged by the hotel for similar services within this
time, the Hotel shall be entitled to increase the contractually agreed price by a reasonable amount, not to
4. The Hotel shall also be entitled to alter its prices if, after conclusion of the contract, the client wishes to
make changes to the number of rooms reserved, the services to be provided by the Hotel or the length of
the guests' stay, and the Hotel agrees to such changes.
5. Invoices issued by the Hotel which do not bear a due date shall be due and payable in full within ten days of
receipt. The Hotel shall be entitled to make accumulating accounts receivable due and payable at any time
and to demand immediate payment. In the event of default by the client, the Hotel shall be entitled to
charge the statutory default interest, currently 8%, and in the case of legal transactions involving a
consumer1, the Hotel shall be entitled to charge interest at 5% above the basic rate. The Hotel reserves the
right to prove that the damage incurred is greater than this amount.
6. The Hotel is entitled, upon conclusion of the contract or thereafter, taking into consideration the legal
provisions relating to package holidays, to demand a reasonable advance payment or security deposit. The
amount and date of payment can be agreed in writing in the contract.
7. Claims which the Hotel has against the client can only be set-off against or reduced by incontestable or res
judicata claims which the client has against the Hotel.
IV. Rescission by the Client (Cancellation)
Translator's note: according to § 13 German Civil Code, a consumer is a natural person who enters
into a legal transaction for non-commercial purposes.
1. A rescission by the client of the contract entered into with the Hotel requires the written consent of the
Hotel. Failure to obtain the written consent of the Hotel shall result in the client being obliged to pay the
contractually agreed price, even if he does not make use of the contractual services.
This provision shall not apply if it causes a breach of the Hotel's duty to make allowance for the rights, legal
interests and other interests of the client, in the event that such rights and interests should make it
unreasonable to expect the client to stick to the agreement, or should entitle the client to any other
statutory or contractual right of rescission.
2. If the Hotel and the client have agreed in writing that the contract can be rescinded free of charge within a
certain period, the client may rescind the contract within this period without triggering claims for payment
or damages by the hotel. The client's right of rescission shall expire if not exercised in writing vis-à-vis the
hotel by the agreed date, except in cases where the client has a right of rescission pursuant to Clause IV no.
1 sentence 3.
3. If the client fails to use a reserved room, the Hotel must deduct from its bill to the client the amount it
receives for rehiring the room, should it manage to do so, and the costs saved through the client's non-
4. The hotel may, at its discretion, demand payment of the contractually agreed price and deduct the saved
costs at a flat rate. In this case, the client shall be obliged to pay at least 90% of the contractually agreed
price for accommodation with or without breakfast, 70% for half board accommodation and 60% for full
board accommodation. The client shall be free to prove that the above claim does not exist or is lower than
V. Rescission by the Hotel
1. If it has been agreed in writing that the client may rescind the contract free of charge within a certain
period, the Hotel shall also be entitled to rescind the agreement within this period should it receive enquiries
from other interested parties about the contractually reserved rooms and the client refuses, when asked by
the Hotel, to waive his right of rescission.
2. Should the client have failed to pay an agreed advance or an advance demanded in accordance with section
III no. 6 above even after expiry of a reasonable grace period set by the Hotel, the Hotel shall also be
entitled to rescind the contract.
3. The Hotel shall also be entitled to rescind the contract extraordinarily if it has objective justification, such as
• for reasons of force majeure or other circumstances beyond the control of the Hotel, it becomes
impossible to fulfil the contract;
• rooms are reserved on the basis of misleading or false information with regard to material facts such as
the client's identity or the purpose of the room reservation;
• the Hotel has justified cause to believe that the client's use of Hotel services may jeopardize the smooth
running, security or public reputation of the Hotel, without this being attributable to shortcomings in the
organization of the Hotel or other areas within its control;
• a breach against section I no. 2, above, has occurred.
4. A legitimate rescission of the contract by the Hotel shall not give the client grounds to claim compensation.
VI. Room Allocation, Beginning and End of Room Occupancy
1. A reservation does not entitle the client to a specific room or rooms.
2. Reserved rooms shall be available for occupancy from 3pm on the agreed day of the client's arrival. The
client is not entitled to occupy the room earlier than this.
3. On the agreed day of departure, the client must vacate the room by 12pm at the latest. If the client fails to
vacate the room by 6pm, the Hotel shall be entitled to charge 50% of the full room rate (as published in the
price list), and if the client has still not cleared the room after 6pm, the Hotel shall be entitled to charge
100% of the full room rate. This shall not constitute a contractual claim on the part of the client. The client
shall be free to prove that the Hotel has no claim or a much lower claim to compensation.
VII. Liability of the Hotel
1. The hotel shall be liable for ensuring that it performs its obligations under this agreement with the due care
and diligence of a prudent businessman. Damage claims on the part of the client shall be excluded. This
does not apply to claims relating to death, bodily injury or damage to health in cases involving a breach of
duty by the Hotel, to claims relating to damages caused as a result of an intentional or gross breach of duty
by the Hotel, or to claims relating to damages caused as a result of the intentional or negligent breach by
the Hotel of obligations typical of the contract. A breach of obligation by a legal representative or vicarious
agent of the Hotel shall constitute a breach of obligation by the Hotel. The Hotel shall endeavour to remedy
any interferences with or defects in the performance of this contract as soon as it becomes aware of them
or as soon as it receives notification from the client, such notification to be given immediately. The client is
obliged to take any reasonable action to remedy the problem and to keep potential damage to a minimum.
2. The hotel's liability vis-à-vis the client for property brought into the hotel shall be limited in accordance with
the statutory provisions, i.e. to up to one hundred times the room rate, and shall not exceed € 3,500. The
hotel's liability for money, valuables and precious objects shall be limited to € 800. Money, valuables and
precious items with a maximum value of up to € 2,500 may be kept in the hotel safe or room safe. The
hotel recommends that clients avail themselves of this option. Liability claims shall lapse if the client does
not inform the Hotel immediately upon becoming aware of loss, destruction or damage to property (§ 703
German Civil Code).
3. With regard to more far-reaching liability on the part of the Hotel, no. 1 sentences 2 – 4 above apply.
4. The allocation of parking space in the hotel garage or hotel car park, even against payment of a fee, does
not constitute a custody agreement. The hotel accepts no liability for loss or damage to any vehicle, or the
contents thereof, which occurs on hotel property, except in the event of intent or gross negligence. The
same applies to the hotel's vicarious agents.
5. The hotel will exercise great care in carrying out wake up calls. Damage claims, except in cases of gross
negligence or intent, shall be excluded.
6. Any messages, mail or goods which arrive for guests will be handled with care. The hotel will deliver, hold,
and, for a fee, forward messages, mail and goods. Damage claims, except in cases of gross negligence or
intent, shall be excluded.
VIII. Final Provisions
1. Amendments and additions to the contract, to the acceptance proposal and to these Terms and Conditions
must be made in writing. Ex parte amendments or additions by the client are not valid.
2. Place of delivery and place of payment shall be place in which the hotel is located.
3. The exclusive place of jurisdiction for all commercial transactions, including for disputes concerning cheques
or bills of exchange, shall be the place where the company has its registered office. Should one of the
parties to the contract not have a place of general jurisdiction in Germany pursuant to § 38 (2) German
Code of Civil Procedure, the place of jurisdiction shall be the place where the company has its registered
4. German law shall apply.
5. Should any of the provisions of these General Terms and Conditions for Hotel Accommodation Contracts be
invalid or void, the validity of the other provisions shall not be affected. Statutory provisions shall also
6. Separate terms and conditions shall apply to organized functions.