I.    Scope of Application
1.    These General Terms and Conditions apply to contracts for the rental of Hotel rooms for accommodation as well as all other services and deliveries provided to the Customer by the respective Hotel, whereby "Hotel" here refers to all "Dorint", "Essential by Dorint" and "Hommage" hotels located in the Federal Republic of Germany, regardless of the operator (hereinafter each of them referred to as "Hotel"). Operators within the meaning of this agreement may include Dorint Hotels Betriebs GmbH (Cologne District Court, HRB 119364), Essential by Dorint GmbH (Cologne District Court, HRB 98777), or 5HALLS HOMMAGE HOTELS GmbH (Cologne District Court, HRB 98776), a company affiliated with these pursuant to Section 15 of the German Stock Corporation Act (AktG), a licensee of the aforementioned companies, or a third party whose hotel is operated by one of the aforementioned operators on behalf of another party. The term "Hotel Accommodation Contract" encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
2.    Subletting or re-letting the provided rooms, as well as their use for purposes other than accommodation, requires the Hotel's prior written consent, whereby Section 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is hereby waived.
3.    The Customer's General Terms and Conditions only apply if this has been expressly agreed upon in writing beforehand.

4. Individual contractual agreements take precedence over these General Terms and Conditions; otherwise, these General Terms and Conditions apply supplementarily, unless otherwise expressly agreed.
5.    For the purposes of these General Terms and Conditions, "Customer" refers to both consumers and businesses as defined in Sections 13 and 14 of the German Civil Code (BGB).

II.    Contract Conclusion, Contracting Parties; Statute of Limitations
1.    The contract is concluded upon acceptance of the Customer's application by the Hotel. If the Hotel makes a binding offer to the Customer, the contract is concluded upon the Customer's acceptance of the Hotel's offer. The room reservation must be confirmed in writing. If booking is made via the Hotel's website, the contract is concluded by clicking the "BOOK WITH OBLIGATION TO PAY" button.
2.    The Contracting Parties are the Hotel and the Customer. If a third party has made the booking for the Customer, the Customer is jointly and severally liable to the Hotel together with the third party for all obligations arising from the Hotel Accommodation Contract, provided the Hotel has received a corresponding declaration from the third party.
3.    All claims by the Customer or a third party against the Hotel generally become statute-barred one year from the commencement of the regular statute of limitations, which begins when the Customer becomes aware of the claim, as defined in Section 199 paragraph 1 of the German Civil Code (BGB). Claims for damages against the Hotel become time-barred no later than three years after the breach of duty, depending on knowledge of the breach, and no later than ten years after the breach, regardless of knowledge of the breach.
These shortened statutes of limitation do not apply …
–    to claims based on intentional or grossly negligent conduct by the Hotel– or its agents–.
–    in the case of negligently caused damage resulting in injury to life, body, or health, the shortened statutes of limitation do not apply.
In the case of negligently caused property damage and financial losses, the shortened statutes of limitation do not apply if a material contractual obligation is breached. Material contractual obligations are those whose fulfilment is essential to the contract and on which the Customer may rely.

III.    Services, Prices, Payments, Offsetting
1.    The Hotel is obligated to provide the rooms booked by the Customer and to render the agreed-upon services.
2.    The Customer is obliged to pay the Hotel's applicable or agreed prices for the room rental and any additional services used. This also applies to services and expenses incurred by the Hotel on behalf of the Customer and paid to third parties. The agreed prices are exclusive of any statutory taxes and duties applicable at the time of conclusion of the contract. If statutory taxes or levies, in particular value-added tax, change after the conclusion of the contract, or if such taxes or levies are newly introduced or abolished, the Hotel is entitled to adjust the agreed prices accordingly. The prices are based on the net calculation of the services. Local taxes, such as tourist tax, which are payable by the guest according to the respective municipal law, are not included. If such local taxes or levies are newly introduced, changed, or abolished after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and its fulfilment exceeds four months.

3.    The Hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel's services, or the length of stay requested by the Customer contingent upon an increase in the price of the rooms or other hotel services.
4.    Hotel invoices without a due date are payable within 10 calendar days of receipt without deduction. The Hotel reserves the right to demand immediate payment of any outstanding amounts at any time. In the event of late payment, the Hotel is entitled to charge the applicable statutory default interest, currently 9 percentage points above the base interest rate, or, in the case of transactions involving a consumer, 5 percentage points above the base interest rate. Furthermore, in the event of late payment, the Hotel may charge a fee of €5 per reminder letter. The Hotel reserves the right to prove and claim higher damages.
5.    The Hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, in accordance with the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract.
6.    In justified cases, e.g. in the event of Customer payment arrears or expansion of the scope of the contract, the Hotel is entitled, even after conclusion of the contract, to demand an advance payment or security deposit in accordance with the above clause 5 or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
7.    The Customer may only offset undisputed or legally enforceable claims against claims by the Hotel.
8.    The Customer agrees that the invoice may be sent to him/her electronically.

 

IV.    Customer Right of Withdrawal (Cancellation, Reservation Cancellation)/No-Show
1.    A Customer may only cancel a contract with the Hotel if a right of cancellation is expressly agreed upon in the contract or these General Terms and Conditions, if another statutory right of cancellation exists, or if the Hotel expressly agrees to the cancellation. Any agreement regarding a right of withdrawal, as well as any consent to a contract cancellation, should each be in written form.
2.    If the Hotel and the Customer have agreed on a deadline for free cancellation of the contract (option), the Customer may cancel the contract up to that deadline without incurring any payment or compensation claims from the Hotel. The Customer's right of withdrawal expires if he/she does not exercise his/her right of withdrawal in writing to the Hotel by the agreed date.
3.    If no right of withdrawal has been agreed upon or has already expired, and the Hotel does not agree to a cancellation of the contract, it retains its claim to the agreed-upon compensation despite the guest's failure to use the services. The Hotel must credit any income from renting the rooms to other guests, as well as any expenses saved. If the rooms are not rented to other guests, the Hotel may apply a flat-rate deduction for saved expenses. In this case, the Customer is obligated to pay 90% of the contractually agreed price for accommodation with or without breakfast, as well as for package deals including third-party services, 70% for half-board arrangements, and 60% for full-board arrangements. The Customer is free to prove that the claim did not arise or did not arise in the amount claimed.
4.    If the Hotel calculates the compensation specifically, the amount of compensation shall not exceed the contractually agreed price for the services to be provided by the Hotel, less the value of the expenses saved by the Hotel and any revenue the Hotel earns from alternative uses of the Hotel services.
5.    The above provisions regarding compensation apply accordingly if the guest does not use the booked room or services without giving timely notice (no-show).
6.    The Hotel is entitled to invoice the guest for the agreed-upon compensation, less any flat-rate expenses saved, and to retain this amount from any deposit paid.

V.    Hotel’s Right of Withdrawal
1.    If it has been agreed that the Customer can withdraw from the contract free of charge within a certain period, the Hotel is also entitled to withdraw from the contract free of charge in written form within this period if inquiries from other customers for the contractually booked rooms are received and the Customer does not waive his/her right to withdraw within 2 weeks of being asked by the Hotel. If the guest allows this period to expire without taking action, the Hotel is entitled to withdraw. This also applies if an option is granted, other inquiries are received, and the Customer, upon inquiry from the Hotel within a two-week period, is not prepared to make a firm booking.
2.    If an agreed advance payment or security deposit, or one required according to section III, paragraph 5, is not made even after the expiry of a reasonable grace period of 5 working days set by the Hotel, the Hotel is also entitled to withdraw from the contract.
3.    Furthermore, the Hotel is entitled to terminate the contract without notice for objectively justified reasons, in particular if…
–    force majeure or other circumstances beyond the Hotel's control make performance of the contract impossible;
–    rooms are booked culpably under misleading or false pretences or by withholding essential facts (e.g., regarding the customer's identity, solvency, or purpose of stay);
–    the Hotel has reasonable grounds to believe that the use of the Hotel services may jeopardise the smooth operation of the business, the safety or the public image of the Hotel, without this being attributable to the Hotel's sphere of control or organisation;
–    there is a violation of Section I, paragraph 2;
–    the Hotel has issued a ban on the guest entering the premises.
4.    In the event of a justified cancellation by the Hotel, the Customer is not entitled to compensation.

 VI.    Room Provision, Handover and Return
1.    The Customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed.
2.    Booked rooms are available to the Customer from 1500 on the agreed arrival date at the earliest. Booked country houses/apartments are available to the Customer from 1700 on the agreed arrival date at the earliest. The Customer is not entitled to earlier access.
3.    On the agreed departure date, rooms must be vacated and made available to the Hotel by 1200 at the latest. Country houses/apartments must be vacated and made available to the Hotel by 1000 at the latest on the agreed departure date. In the event of a late check-out of the room/country house or apartment, the Hotel may charge 50% of the currently valid daily room rate for its use beyond the agreed time until 1800, and 100% thereafter. This does not establish any contractual claims for the Customer. The Customer is free to prove that the Hotel has no claim to a usage fee or that the claim is significantly lower. Furthermore, the Hotel reserves the right to prove and claim higher damages.

VII.    Hotel Liability
1.    The Hotel is liable for damages caused intentionally or through gross negligence – including that caused by its agents – in accordance with statutory provisions. The same applies to damages caused by negligence resulting in injury to life, body or health. In the case of negligently caused damage to property and assets, the Hotel and its agents are only liable for breaches of essential contractual obligations, but the amount of liability is limited to foreseeable and typical damages at the time of conclusion of the contract; essential contractual obligations are those whose fulfilment shapes the contract and on which the Customer may rely. Should any disruptions or defects occur in the Hotel's services, the Hotel will endeavour to remedy the situation upon becoming aware of it or upon receiving immediate notification from the Customer. The Customer is obligated to contribute what is reasonable to remedy the disruption and minimise any potential damage, and to notify the Hotel immediately of any disruptions or damage.
2.    The Hotel's liability to the Customer for items brought onto the premises is governed by the statutory provisions of Sections 701 et seq. of the German Civil Code (BGB) up to a maximum of €3,500. For cash, securities, and valuables, the maximum liability is €800 instead of €3,500.
If the guest wishes to bring cash, securities, or valuables with a value exceeding €800, or other items with a value exceeding €3,500, a separate safekeeping agreement with the Hotel is required. Storing valuables in the Hotel or room safe is generally recommended. For any further liability of the Hotel, the above provision of Section VII, paragraph 1 applies.
3.    If a parking space in the Hotel garage or on a Hotel parking lot is made available to the Customer – even for a fee – this does not constitute a safekeeping agreement. In the event of loss or damage to motor vehicles parked or moved on the Hotel premises and their contents, the Hotel is liable only in accordance with Section VII, paragraph 1.
4.    Wake-up calls are handled with the utmost care by the Hotel. Messages, mail, and parcels for guests are also handled with the greatest care. The Hotel will handle delivery and storage (both at the Hotel) and –upon request –and for a fee, will forward the items. The preceding paragraph 1 applies accordingly.

VIII.    Final Provisions
1.    Amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions for Hotel Accommodation must be made in writing. Unilateral amendments or additions by the Customer are invalid.
2.    The place of performance and payment is the registered office of the respective Hotel.
3.    The exclusive place of jurisdiction – for disputes concerning checks and bills of exchange – in commercial transactions is Cologne. If a Contracting Party meets the requirements of Section 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the Hotel's registered office shall be the place of jurisdiction.
4.    German law applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules is excluded.
5.    Should individual provisions of these General Terms and Conditions for the Hotel Accommodation Contract be or become invalid, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.

As of: April 2026