General Terms and Conditions for the Hotel Accommodation Contract of b'mine hotels GmbH and its hotel operations 


1 Scope of application 

a. These General Terms and Conditions (GTC) apply to all services provided by the hotelier to the guest, the organizer and other contractual partners (hereinafter referred to as “contractual partner” or “customer”). Hoteliers are all operating companies of b'mine hotels GmbH and their subsidiaries. The services consist in particular of the provision of hotel rooms and other premises for use against payment, e.g. for seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organization of cultural and sporting events and other programs, the implementation of special health-promoting measures or comparable offers as well as for all other related services and deliveries. The hotelier is entitled to have its services performed by third parties. 


b. These GTCs apply to all types of contracts, such as hotel accommodation, package tour, contingent or event contracts that are concluded. The GTC shall also apply to all future transactions with the contractual partner. 


c. The contractual partner's general terms and conditions shall not apply, even if they are not expressly contradicted. Counter-confirmations of the contractual partner with reference to its GTC are hereby contradicted. 

 

2 Conclusion of contract, contract partners, statute of limitations 

a. The contractual partners are the hotelier and the customer/guest. The contract is concluded upon acceptance of the customer's application by the hotelier. The hotelier is free to confirm the room booking in text form. If a third party makes the booking on behalf of the guest, it shall be liable to the hotel as the ordering party together with the guest as joint and several debtors for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the ordering party. Irrespective of this, each customer is obliged to forward all information relevant to the booking, in particular these General Terms and Conditions, to the guest. 


b. All claims against the hotelier are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotelier. This reduction does not apply to consumers within the meaning of § 13 BGB. 

 

3 Services, prices, payment, offsetting 

a. The hotelier is obliged to keep the rooms booked by the customer available and to provide the agreed services. 

 

b. The subletting or further letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior consent of the hotelier in text form. Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer. 

 

c. The customer is obliged to pay the agreed or applicable prices of the hotelier for the room rental and the other services used by him. This also applies to services commissioned by the customer directly or via the hotelier, which are provided by third parties and disbursed by the hotelier. 

 

d. The hotel is entitled to request a security deposit of €50 per stay in the form of a credit card authorization upon arrival. This amount will be released upon departure, provided there are no outstanding claims on the part of the hotel. The number of business days it takes for the amount to be released on the guest's credit card depends on the respective credit institution.   

 

e. The agreed prices include the taxes applicable at the time of conclusion of the contract. Local taxes such as tourism contributions or accommodation taxes are not included. In the event of changes to the statutory value added tax or the introduction, change or abolition of local taxes on the subject matter of the contract after conclusion of the contract, we reserve the right to adjust the prices accordingly. 

 

f. The Hotelier may make its consent to a subsequent reduction in the number of rooms booked, the Hotelier's services or the length of the Customer's stay requested by the Customer dependent on the price for the rooms and/or for the Hotelier's other services being increased. 

 

g. Invoices of the hotelier without due date shall be payable without deduction within ten days of receipt of the invoice. The hotelier may demand immediate payment of due receivables from the customer at any time. In the event of default in payment by the customer, the statutory provisions shall apply. The hotelier reserves the right to prove higher damages.  

 

h. The hotelier is entitled to demand a reasonable advance payment or security deposit, e.g. in the form of a credit card guarantee, from the customer in the event of conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.  

 

i. In justified cases,e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotelier is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 3.h. above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration. 

 

j. The hotelier is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 3.h. for existing and future claims arising from the contract, insofar as such has not already been made in accordance with the above clause 3.h. and/or clause 3.i.. 

 

k. The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotelier. 

 

 

4 Events 

a. In order to enable careful preparation by the hotelier, the Contractual Partner must inform the Hotelier of the final number of participants no later than seven days before the start of the event. If the contractual partner communicates a higher number of participants than agreed, this higher number of participants shall only become part of the contract if the hotelier agrees to this in writing. If the hotelier does not agree in writing, the contractual partner is not entitled to hold the event with a higher number of participants. If the hotelier agrees, invoicing shall be based on the new agreement (possibly with additional expenses). The contractual partner is not entitled to consent. Billing shall be based on the contractual agreements irrespective of the notification of the number of participants. If fewer participants actually take part in the event, this shall be irrelevant for billing purposes. 

 

b. If the agreed start time of an event is postponed, the Hotelier shall be entitled to charge the Contractual Partner for all additional costs incurred as a result. 

 

c. Reserved rooms shall only be available to the Contractual Partner within the period agreed in writing. Any use beyond this period requires the written consent of the hotelier and is generally only granted for an additional fee. We reserve the right to make room changes insofar as these are reasonable for the contractual partner, taking into account the interests of the hotelier. 

 

d. For events that extend beyond midnight, the hotelier may charge EUR 50.00 plus statutory VAT per booked service employee and per hour or part thereof. The contractual partner shall be liable to the hotelier for additional services provided to the event participants or to third parties in connection with the event. 

 

e. The contractual partner must obtain all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Fees payable to third parties for the event, such as GEMA fees, entertainment tax, etc., shall be paid by the contractual partner to the creditor without delay. 

 

f. The Contractual Partner shall be liable for the conduct of its employees, event participants and other auxiliary staff in the same way as for its own conduct. The hotelier may require the contractual partner to provide appropriate security (e.g. insurance, deposits, guarantees). 


g. To prevent damage, the attachment and installation of decorative material or other items must be agreed with the hotelier in advance. Exhibits and other items brought into the hotel must be removed at the end of the event. If the contractual partner does not comply with this regulation, the hotelier has the right to remove and store such items at the customer's expense. Any transport packaging, outer packaging and all other packaging materials brought in must be disposed of by the contractual partner at his own expense. Disposal may be subject to a charge if the contractual partner leaves the packaging behind after the end of the event. All items brought in during the event, such as decoration material and the like, must comply with all applicable regulations. 

 

h. The hotel does not provide insurance cover for items brought into the hotel. The conclusion of any necessary insurance is the sole responsibility of the contractual partner. 

 

i. Disturbances or defects in facilities provided by the Hotelier shall be rectified insofar as this is possible for the Hotelier. The contractual partner may not derive any claims in this connection. 

 

j. If the Contractual Partner brings in its own electrical equipment, the Hotelier's consent is required prior to connection to the electricity grid. The electricity consumption incurred shall be calculated according to the valid supply and labor prices as charged to the hotelier by the utility company. The hotelier is free to charge a flat rate. Any faults or defects in the hotelier's technical equipment caused by the connection shall be borne by the contractual partner. 

 

k. If the Hotelier procures technical or other equipment from third parties for the Contractual Partner, the Hotelier shall act in the name and for the account of the Contractual Partner; the latter shall be liable for the careful handling and proper return of such equipment and shall indemnify the Hotelier against all third-party claims upon first written request. The Hotelier shall not be liable for failure to procure the equipment in good time or for defects in the equipment procured. 

 

l. The contractual partner may not bring food and drinks to the events. In special cases (e.g. national specialties etc.), a written agreement can be made; in such cases, a general costs fee will be charged less the proportionate cost of goods. 

 

m. Newspaper advertisements containing invitations to job interviews or sales events require the prior written consent of the hotelier. If a publication is made without consent, the hotelier has the right to cancel the event. 

 

n. Any kind of advertising, information, invitations, through which a reference to the hotel is made, in particular through the use of the hotel name, requires the prior written consent of the hotelier. 

 

o. All terms and conditions for the use of rooms shall apply mutatis mutandis to events, unless more specific provisions are contained in Section 4 for events. 

 

5 Withdrawal by the customer (cancellation) / non-use of the hotelier's services (payment of compensation)

a. The customer may only withdraw from the contract concluded with the hotelier if a right of withdrawal has been expressly agreed in  the contract, another statutory right of withdrawal exists or if the hotelier expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract shall be made in text form. 

 

b. If a date for free withdrawal from the contract has been agreed between the hotelier and the customer, the customer may withdraw from the contract up to that date without incurring payment or compensation claims by the hotelier. The customer's right of withdrawal expires if he does not exercise his right of withdrawal from the hotelier by the agreed date. 

 

c. If a right of rescission has not been agreed or has already expired, there is also no statutory right of rescission or termination and if the hotelier does not agree to the cancellation of the contract, the hotelier shall retain the claim to the agreed remuneration despite non-use of the service. The hotelier must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotelier may make a lump-sum deduction for saved expenses. In this case, the customer shall be paid at least 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded. 

 

d. If the hotelier's obligation to provide services consists of the organization of a leisure program in addition to the provision of board and lodging, this constitutes a so-called package travel contract. The contractual partner may not assert any claims due to changes, deviations or reductions in individual services within the framework of a package travel contract that become necessary after conclusion of the contract if they are merely insignificant. In the event of arranged services (not a package tour), the hotelier is not liable for the provision of services by third-party service providers or transport companies, but only for the proper arrangement of the travel service and for the proper passing on of information from the service provider to the participant. In the event of a package tour, the Hotelier's liability for damages other than bodily injury shall be limited to three times the travel price, provided that damage to the contractual partner was not caused intentionally or through gross negligence or provided that the Hotelier is responsible for damage incurred by the contractual partner solely due to the fault of a service provider. 

 

6 Withdrawal of the hotelier 

a. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotelier 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 to withdraw from the contract upon enquiry by the hotelier within a reasonable period of time. 

 

b. The hotelier shall be entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) in accordance with the statutory provisions if 

  • the contractual partner does not render a due service, 
  • the fulfillment of the contract is impossible due to force majeure, strike or other circumstances for which the hotelier is not responsible, 
  • the contractual partner makes misleading or false statements about material data; material data may include the identity of the customer, solvency or purpose of stay, 
  • the contractual partner uses the hotelier's name for advertising purposes without prior written consent, 
  • contractual rooms are sublet in whole or in part without the hotelier's written consent, 
  • the hotelier has reasonable grounds to believe that the use of the hotel service may endanger the smooth running of the business, the safety or the public reputation of the hotelier,
  • the purpose or reason for the stay is unlawful. 


The hotelier must inform the contract partner in writing of the exercise of the withdrawal / termination without delay, at the latest within 14 days of becoming known. Cancellation of the contract by the hotelier shall not give rise to any claims by the contractual partner for damages or other compensation. In the event of justified termination of the contract, the hotelier's claim to compensation for damages incurred and expenses incurred shall remain unaffected.  

 

7 Provision, handover and return of rooms 

a. The customer shall not acquire any claim to the provision of specific rooms, unless this has been expressly agreed. 

 

b. Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability. Booked rooms must be occupied by the guest by 6:00 p.m. on the agreed day of arrival at the latest. Unless a later arrival time has been expressly agreed, the hotel has the right to allocate booked rooms to other guests after 6 p.m. without the guest being able to derive any claims for compensation from this. The hotel shall be entitled to withdraw from the contract in this respect.  

 

c. On the agreed day of departure, the rooms must be vacated and made available to the hotelier by 12:00 noon at the latest. After this time, the hotelier may charge 50% of the full accommodation price (list price) for the delayed vacating of the room until 6:00 p.m., and 90% from 6:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotelier has no or a significantly lower claim to a usage fee. 

 

8 Liability of the hotelier 

a. The hotelier is liable for damages for which he is responsible arising from injury to life, limb or health. Furthermore, the hotelier is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotelier or on an intentional or negligent breach of typical contractual obligations by the hotelier. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the hotelier. Further claims for damages are excluded, unless otherwise regulated in this section 8. Should disruptions or defects occur in the hotelier's services, the hotelier shall endeavor to remedy the situation in the event of knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.  


b. The hotelier shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotelier recommends the use of the hotelier's or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800.00 euros or other items with a value of more than 3,500.00 euros, this requires a separate storage agreement with the hotelier. 

 

c. If a parking space is made available to the customer in the hotel garage, CarLoggia or on the hotel parking lot, even against payment, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotelier shall only be liable in accordance with the above clause 8, sentences 1 to 4. 

 

d. Wake-up orders shall be executed by the hotelier with the greatest care. Messages, mail and merchandise deliveries for guests are handled with care. The hotelier shall be responsible for the delivery, storage and - upon request - the forwarding of the same for a fee. The hotelier shall only be liable in accordance with the above Section 8, sentences 1 to 4. 

 

 

9 Final provisions 

a. Should individual provisions of these General Terms and Conditions 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.  

 

b. Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or additions by the customer are invalid. 

 

c. Place of performance and place of payment for both parties is the registered office of the respective hotel. 

 

d. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. 

 

e. Except for private end consumers, Berlin is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract. If a contractual partner does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the hotel's registered office. However, the hotel is also entitled to bring actions and other legal proceedings at the guest's general place of jurisdiction. 

 

 

10 Alternative dispute resolution pursuant to § 36 VSBG 

We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to in principle.

 

 

 

AGBs im August 2025