Terms of Service
General Terms and Conditions
of Birkenhof Hotelbetriebsgesellschaft mbH hereinafter referred to as the Hotel
1) Guest Accommodation Agreement
The guest accommodation contract is generally concluded in writing. This also applies to changes or cancellations. In urgent cases, a verbal agreement is also binding. The contract cannot be terminated unilaterally. For group reservations, the organizer is requested to provide the hotel with a name list at least 14 days prior to arrival to ensure smooth processing.
2) Option Dates
Option dates are binding for both contractual partners. Hotel Birkenhof reserves the right to allocate reserved rooms or event spaces to others once the option period has expired.
3) Room Availability
Reserved hotel rooms are available from 3:00 p.m. on the day of arrival and until 11:30 a.m. on the day of departure. Reserved rooms are held until 6:00 p.m., or until midnight for guaranteed (written) bookings. In case of no-show without cancellation, the hotel reserves the right to charge no-show fees.
4) Subletting
Subletting or transfer to third parties requires the hotel's written consent. If a third party made the booking on behalf of the guest, that party is jointly liable with the guest. The booking guest is personally liable for any damages caused, including those caused by accompanying persons or guests.
5) Reservation Confirmation
If the reservation confirmation deviates from the original request, the amended confirmation becomes binding for both parties unless the guest exercises their right of withdrawal within 10 days.
6) Prices
All quoted prices include service charges and VAT. VAT changes will be charged or credited to the service recipient, regardless of the contract conclusion date.
7) Wake-Up Calls and Information
Hotel Birkenhof endeavors to perform wake-up calls conscientiously. Liability for damages due to errors is excluded. The same applies to information services.
8) Messages and Mail
Liability for forwarding messages or mail and their redirection is limited to intent and gross negligence. Redirection is at the recipient’s risk and expense.
9) Lost Property
Items left behind are stored for 12 months. Upon request, they can be sent at the recipient’s cost. After this period, valuable items are handed over to the local lost property office.
10) Brought Items
The hotel assumes no liability for loss or damage to brought-in items or exhibits beyond the legal provisions. Liability is excluded if items are left unsecured in rooms.
11) Advance Payments
Advance payments of up to 100% of the agreed service may be requested. Due dates are set in writing in advance. Full advance payment may be requested for third-party services.
12) Hotel Liability
Hotel liability is governed by §§ 701–703 of the German Civil Code (BGB). Other liability is excluded unless the hotel, its legal representatives, or agents act with intent or gross negligence. Any liability beyond §§ 701–703 is limited to the agreed rental price. The limitation period for all claims is six months.
13) Parking
Providing parking spaces, whether free or paid, does not constitute a storage contract. The hotel is not obligated to monitor the vehicles.
EVENTS
14) Event Room Usage
Reserved event rooms are available only for the agreed times. Further use requires written approval from the hotel.
15) Notification Obligation
The organizer must inform the hotel without being asked if the event’s nature may attract public interest or affect hotel operations. If such intent is not disclosed, the hotel is entitled to withdraw from the contract as per point 14 and charge for incurred costs.
16) Advertising and Publications
Advertisements or publications (e.g., for job interviews, political/religious events, or sales events) referring to the hotel require prior written approval.
17) Third-Party Services
If the hotel orders external services (e.g., artists, technical equipment) on behalf of the organizer, it does so in the name and for the account of the client. External providers are not covered by hotel liability.
18) Participant Numbers
Changes in participant numbers of more than 5% must be submitted in writing at least 3 days before the event. Otherwise, the ordered number will be charged. The organizer is liable for additional food and drink orders made by participants unless agreed otherwise. Final participant numbers must be provided 6 working days before the event.
19) Reductions in Participant Numbers
A decrease of up to 5% compared to the final reported number will be considered in billing; larger reductions will not be credited and are at the organizer's expense.
20) Increases in Participant Numbers
Increases will be billed based on actual attendance. Increases over 5% require prior approval.
21) External Catering
Bringing food or beverages is not permitted. Exceptions (e.g., national specialties) require a written agreement. In such cases, a service fee or corkage fee will apply.
22) Event Damages
The organizer is liable for damages arising in connection with the event, including those caused by assistants, participants, or others within their sphere of responsibility, regardless of fault.
23) Recreational Accidents
The hotel assumes no liability for accidents during leisure activities unless caused by gross negligence or intent.
PAYMENT, HOTEL INVOICES
24) Payment Terms
Invoices without due dates are payable immediately upon receipt without deduction.
25) Default of Payment
In case of delay, the hotel may charge interest 5% above the base rate, unless higher or lower damages are proven.
26) Refunds
Refunds for unused services are not possible.
27) Offsetting
The customer may only offset or reduce claims with undisputed or legally established claims.
CANCELLATION BY CUSTOMER
28) Cancellation Policies
a) Hotel rooms (outside trade fairs):
Individual bookings may be canceled free of charge up to one day before arrival. Later cancellations or no-shows may be charged in full if the room cannot be rebooked.
b) Hotel rooms (during trade fairs or events):
Unless otherwise agreed, cancellations are free up to 8 weeks before arrival. Afterward, the booking is binding, and cancellation costs may apply.
c) Group bookings (outside trade fairs):
Unless otherwise agreed, full cancellations are free up to 4 weeks before arrival. After that, only partial cancellations of up to 10% of the booking volume are accepted without charge.
d) Events, seminars, conferences, banquets:
- Cancellation between day 30 and day 8 before arrival: Room rental + 30% of arrangement price
- Cancellation between day 7 and day of arrival: Room rental + 80% of arrangement price
- Cancellations before these deadlines are free of charge.
FINAL PROVISIONS
29) Amendments
Deviations or verbal side agreements require written form to be valid. They become effective only upon written confirmation from the hotel. An electronic signature via email is considered sufficient.
30) Jurisdiction
Where legally permissible, the court at the hotel’s location (Hanau) shall have jurisdiction for all disputes arising from or related to this contract.
31) Severability
If any clause of these General Terms and Conditions becomes invalid, the remaining provisions shall remain unaffected.