General Terms and Conditions

GTC

HKK Hotel Wernigerode ****

Pfarrstraße 41
38855 Wernigerode
E-Mail: info@hkk-wr.de

Scope of application

  1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.
  2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
  3. The customer's terms and conditions shall only apply if this has been agreed in advance.

Conclusion of contract, contract partner; statute of limitations

  1. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the room booking in writing.
  2. The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
  3. The hotel is liable for its obligations arising from the contract. In the area not typical for the service, liability is limited to intent and gross negligence on the part of the hotel.
  4. The limitation period for all customer claims is 6 months.

This limitation of liability and short limitation period shall also apply in favor of the hotel in the event of breach of obligations in the initiation of the contract and positive breach of contract.

Services, prices, payments, offsetting

  1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
  2. The customer is obliged to pay the applicable or agreed prices of the hotel for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
  3. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfillment of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 10%.
  4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of the guests' stay and the hotel agrees to this.
  5. We reserve the right to adjust the prices offered in the event of a possible increase in VAT.
  6. Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 5% above the respective base interest rate in accordance with § 1 of the Discount Rate Transition Act or the corresponding successor interest rate of the European Central Bank. The customer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
  7. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
  8. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

Withdrawal by the customer (cancelation)


  1. Withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This does not apply in the event of a delay in performance by the hotel or an impossibility of performance for which the hotel is responsible.
  2. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless there is a case of default on the part of the hotel or an impossibility of performance for which it is responsible.
  3. If rooms are not used by the customer, the hotel must calculate the income from renting the rooms to other parties and the expenses saved.
  4. Reservations made to the guest by the hotel are subject to the following withdrawal periods:

Individual guests : 1 room - 1 day | 2-5 rooms - 5 days | 6-10 rooms - 10 to 14 days.

After expiry of the withdrawal period, the reservation is converted into a firm booking. Cancellations must be made in writing (letter, fax or e-mail). In the event of a no-show, 100% of the agreed travel price will be charged.

In addition, the following cancellation conditions apply:

Cancellation date (calendar day before the service is provided, hotel is entitled to the contractually agreed arrangement price) .

up to and including 59 rooms up to 42 days before arrival or from 60 rooms up to 60 days before arrival: free of charge

up to 30 days before arrival 50 % ...

up to 21 days before arrival 60 % ...

7 to 21 days before arrival 70 % ...

less than 7 days before arrival 80 % ...

100% on the day of arrival...

The above cancellation conditions apply to individual reservations. The following also applies to bookings of our package deals:

Cancellation of an arrangement is possible free of charge within 30 days of the date of booking. Cancellations made on or after the 31st day after the booking date will incur a cancellation fee. The cancellation fee is 20% of the booking value / travel price. In the event of a no-show, 100% of the agreed travel price will be charged.

Withdrawal of the hotel


  1. If the customer's right to withdraw from the contract within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel.
  2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a threat of refusal has expired, the hotel is also entitled to withdraw from the contract.

Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if:

a) force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;

b) the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;

c) there is a violation of paragraph 2 above.

  1. The hotel must inform the customer of the exercise of the right of withdrawal without delay.
  2. In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.

Room provision, handover and return

  1. The customer does not acquire any entitlement to the provision of specific rooms.
  2. Booked rooms are available to the customer from 4 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.
  3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:30 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6.00 p.m., and 100% from 6.00 p.m. onwards, in addition to the damage incurred by the hotel as a result. The customer is at liberty to prove to the hotel that it has incurred no or significantly less damage.

Liability of the hotel


  1. The hotel is liable for the diligence of a prudent businessman. However, this liability is limited in the non-typical service area to deficiencies in performance, damages, consequential damages or disruptions that are attributable to intent or gross negligence on the part of the hotel. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him in order to remedy the disruption and minimize any possible damage.
  2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of € 3,000, as well as for money and valuables up to € 750. Valuables up to a maximum value of € 5,000 can be stored in the room safe and up to a value of € 30,000 in the customer safe deposit box in the hotel safe. The hotel recommends making use of this option.
  3. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). The statutory provisions apply to the hotel's unlimited liability.
  4. If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.
  5. Wake-up calls are carried out by the hotel with great care. Claims for damages, except for gross negligence or intent, are excluded.
  6. Messages, post and consignments for guests are handled with care. The hotel will take care of delivery, storage and - on request - for a fee. The forwarding of the same. Claims for damages, except for gross negligence or intent, are excluded.

Final provision


  1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
  2. The place of performance and payment is the hotel's registered office
  3. The exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - is the registered office of the hotel in commercial transactions.
  4. If a contractual partner fulfills the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
  5. German law applies.
  6. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

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