Please note: This is a translation. The legally binding version is the German original.
Aparthotel Tannenhof · Schinberg Impex GmbH · Badstraße 42, 79410 Badenweiler
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes and to all other services and supplies provided by the hotel to the customer in this connection (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: lodging, guest accommodation, hotel and hotel room contract.
1.2 Subletting or re-letting the rooms provided, as well as using them for purposes other than accommodation, requires the hotel’s prior consent in text form; § 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.
2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s request. The hotel is free to confirm the room booking in text form.
2.2 All claims against the hotel generally become time-barred one year after the statutory limitation period begins. This does not apply to claims for damages or to other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable hotel prices for the provision of the room and for any other services used. This also applies to services commissioned by the customer directly or via the hotel which are provided by third parties and paid in advance by the hotel.
3.3 The agreed prices include the taxes and local levies applicable at the time the contract is concluded. They do not include local levies owed by the guest personally under the relevant municipal law, such as the Kurtaxe (tourist tax). If the statutory VAT changes, or if local levies on the subject of the service are newly introduced, changed or abolished after the contract is concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the length of the customer’s stay conditional on an increase in the price of the rooms and/or the hotel’s other services.
3.5 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of amounts due from the customer at any time. In the event of late payment by the customer, the statutory provisions apply. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand a reasonable advance payment or security from the customer when the contract is concluded, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. For advance payments or security for package holidays, the statutory provisions remain unaffected. In the event of late payment by the customer, the statutory provisions apply.
3.7 In justified cases, for example if the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after the contract has been concluded and up to the start of the stay, to demand an advance payment or security within the meaning of clause 3.6 above, or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
3.8 The hotel is also entitled, at the start of and during the stay, to demand from the customer a reasonable advance payment or security within the meaning of clause 3.6 above for existing and future claims arising from the contract, insofar as such has not already been provided in accordance with clause 3.6 and/or clause 3.7 above.
3.9 The customer may only offset or set off an undisputed or legally established claim against a claim of the hotel.
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists, or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract should in each case be given in text form.
4.2 If the hotel and the customer have agreed a date up to which the contract may be cancelled free of charge, the customer may withdraw from the contract up to that date without triggering any payment or damage claims by the hotel. The customer’s right of withdrawal expires if it is not exercised vis-à-vis the hotel by the agreed date.
4.3 If no right of withdrawal has been agreed or it has already expired, if there is no statutory right of withdrawal or termination, and if the hotel does not agree to the cancellation of the contract, the hotel retains its claim to the agreed remuneration despite the service not being used. The hotel must deduct the income from re-letting the rooms to others as well as any expenses saved. If the rooms are not re-let, the hotel may apply a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays 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 free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is in turn entitled to withdraw from the contract during this period if other customers have enquired about the contractually booked rooms and the customer, when asked by the hotel and given a reasonable deadline, does not waive their right of withdrawal.
5.2 If an advance payment or security agreed or demanded in accordance with clause 3.6 and/or clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is likewise entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular if
· force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
· rooms or premises are booked culpably on the basis of misleading or false information or by concealing material facts; the identity of the customer, their ability to pay or the purpose of the stay may be material in this respect;
· the hotel has reasonable grounds to believe that the use of the service may jeopardise the smooth running of the business, the safety or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation;
· the purpose of or reason for the stay is unlawful;
· there is a breach of clause 1.2 above.
5.4 Justified withdrawal by the hotel does not give rise to any claim for damages by the customer.
6.1 The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 3 pm on the agreed day of arrival. The customer has no right to earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12 noon at the latest. Thereafter, on account of the late vacating of the room, the hotel may charge 50% of the full room rate (list price) for use of the room beyond the contract until 6 pm, and 90% from 6 pm. This does not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel has incurred no claim, or a significantly lower claim, to a usage fee.
7.1 The hotel is liable for damage for which it is responsible resulting from injury to life, body or health. It is also liable for other damage based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of the hotel’s typical contractual duties. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded unless otherwise provided in this clause 7. Should disruptions or defects in the hotel’s services occur, the hotel will endeavour to remedy them upon becoming aware of them or upon the customer’s immediate complaint. The customer is obliged to do what can reasonably be expected of them to help remedy the disruption and keep any possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring in money, securities and valuables worth more than 200 euros or other items worth more than 3,500 euros, a separate safekeeping agreement with the hotel is required.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel is only liable in accordance with clause 7.1, sentences 1 to 4 above.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and parcels for guests are handled with care. The hotel will deliver and store them and – on request and for a fee – forward them. The hotel is only liable in this respect in accordance with clause 7.1, sentences 1 to 4 above.
8.1 Amendments and additions to the contract, the acceptance of the request or these general terms and conditions should be made in text form. Unilateral amendments or additions by the customer are invalid.
8.2 In commercial transactions, the place of performance and payment and the exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange – is Badenweiler. If a contracting party meets the requirements of § 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Badenweiler.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and of conflict-of-laws rules is excluded.
8.4 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 apply.
Aparthotel Tannenhof
Schinberg Impex GmbH
Badstraße 42, 79410 Badenweiler
Last updated: May 2026