Legal
General Terms and Conditions
This is a courtesy translation. Only the German version is legally binding.
Der Florenberg – Hotel- und Gaststätten-Betriebs-KG, Am Florenberg 2, 36093 Künzell
Part A: Hotel accommodation Part B: Events
Part A: Hotel Accommodation Contract
1. Scope
1.1 These terms and conditions apply to contracts for the letting of hotel rooms for accommodation purposes, as well as 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 or hotel room contract.
1.2 Subletting or re-letting the rooms provided, or using them for purposes other than accommodation, requires the hotel’s prior consent in text form; § 540 Abs. 1 Satz 2 BGB is waived insofar as the customer is not a consumer.
1.3 The customer’s own terms and conditions shall only apply if this has been expressly agreed in advance in text form.
1.4 For meetings, celebrations and other events, the provisions in Part B also apply.
2. Conclusion of contract, contracting parties, limitation period
2.1 The contract is concluded when the hotel accepts the customer’s request. For bookings made via our online booking system, the contract is concluded upon the booking confirmation, which the customer receives by email. Otherwise, the hotel is free to confirm the room booking in text form.
2.2 The contracting parties are the hotel and the customer. If a third party has placed the order on behalf of the customer, that party shall be jointly and severally liable to the hotel together with the customer for all obligations arising from the hotel accommodation contract, provided the hotel holds a corresponding declaration from the third party.
2.3 All claims against the hotel are generally subject to a limitation period of one year from the statutory start of the limitation period (§ 199 Abs. 1 BGB). Claims for damages become time-barred after five years irrespective of knowledge, unless they are based on injury to life, body, health or freedom; these become time-barred after ten years irrespective of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel, nor to claims arising from injury to life, body or health.
2.4 The customer is obliged to inform the hotel, unprompted and at the latest when the contract is concluded, if the use of the services is likely to jeopardise the smooth running of the business, the safety or the public reputation of the hotel.
3. Services, prices, payment, set-off
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 and expenses paid by the hotel to third parties at the customer’s instigation.
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 a tourist tax. If the statutory VAT changes, or if local levies on the subject matter of the service are introduced, changed or abolished after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion and fulfilment 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 stay conditional upon an appropriate 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, the hotel is entitled to charge the applicable statutory default interest: for transactions involving a consumer, 5 percentage points, and otherwise 9 percentage points above the base interest rate. In dealings with businesses, the hotel may additionally charge the statutory default lump sum of 40 euros. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to require 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 the contract in text form. For advance payments or security for package holidays, the statutory provisions remain unaffected.
3.7 In justified cases, for example if the customer is in arrears with payments or the scope of the contract is extended, the hotel is entitled, even after the contract has been concluded and up until the start of the stay, to require an advance payment or security within the meaning of clause 3.6, or an increase in the agreed advance payment or security up to the full agreed remuneration.
3.8 The hotel is further entitled, at the beginning of and during the stay, to require a reasonable advance payment or security from the customer within the meaning of clause 3.6 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 3.7.
3.9 The customer may only set off or offset an undisputed or legally established claim against a claim of the hotel.
4. Withdrawal by the customer (cancellation), non-use of services
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 each be made in text form. There is no statutory right of revocation for accommodation contracts (§ 312g Abs. 2 Nr. 9 BGB).
4.2 If a date for free cancellation of the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without incurring any payment or damage claims from the hotel. The customer’s right of withdrawal lapses if it is not exercised towards the hotel by the agreed date.
4.3 If no right of withdrawal has been agreed or it has already lapsed, 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 entitlement to the agreed remuneration despite the services not being used. The hotel must credit income from re-letting the rooms as well as expenses saved. Unless other cancellation terms are set out in the contract or booking confirmation, the hotel may calculate the saved expenses as a lump sum and charge the customer 90% of the contractually agreed price for room only, 80% for bed and breakfast and 70% for half-board packages. The customer is free to prove that the hotel has suffered no loss or a significantly lower loss.
5. Withdrawal by the hotel
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 there are enquiries from other customers for the 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 required in accordance with clause 3.6 and/or 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 The hotel is also entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; rooms or spaces are booked culpably with misleading or false information or by concealing material facts (material facts may include the identity of the customer, their ability to pay or the purpose of the stay); the hotel has reasonable grounds to believe that the use of the services 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; or there is a breach of clause 1.2.
5.4 Justified withdrawal by the hotel does not entitle the customer to claim damages.
6. Provision, handover and return of rooms
6.1 The customer is not entitled to the provision of specific rooms unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 16:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:30 at the latest. Thereafter, owing to the late vacation of the room, the hotel may charge 50% of the full room rate (list price) for use of the room beyond the contract until 18:00, and 100% from 18:00. 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.
6.4 Guests are required to treat the hotel’s furnishings and rooms with care. The hotel may, even after departure, charge for damage and soiling beyond normal use for which the guest is responsible, at the actual cost of repair, replacement or cleaning. This also applies to items on the hotel grounds and in particular to the replacement of hand and bath towels, bathrobes, bed linen, small electrical appliances, other furnishings, and building and room keys.
7. Liability of the hotel
7.1 The hotel is liable for damage for which it is responsible arising 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, and for damage based on an intentional or negligent breach of the hotel’s contractual obligations typical of the contract. Obligations typical of the contract are those which make the proper performance of the contract possible in the first place and on whose fulfilment the customer relies and may rely. 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 for in this clause 7. Should disruptions or defects occur in the hotel’s services, the hotel will endeavour to remedy them upon becoming aware of them or upon the customer’s prompt 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. Furthermore, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage occurring.
7.2 The hotel is liable to the customer for items brought onto the premises in accordance with the statutory provisions (§§ 701 ff. BGB). We recommend using the in-room safe. If the customer wishes to bring money, securities and valuables with a total value of more than 800 euros, or other items with a total value of more than 3.500 euros, a separate safekeeping agreement must be made with the hotel.
7.3 Items left behind by the customer will only be forwarded on request and at the customer’s risk and expense. The hotel keeps such items for one month; thereafter, if they are of recognisable value, they are handed over to the local lost property office. Clause 7.1 applies accordingly to the hotel’s liability.
7.4 If the customer is provided with a parking space in the hotel car park, even for a fee, this does not constitute a safekeeping contract. The hotel has no duty of supervision. In the event of loss of or damage to motor vehicles parked on the hotel premises and their contents, the hotel is only liable in accordance with clause 7.1. Any damage must be reported to the hotel immediately.
8. Non-smoking hotel
Der Florenberg is a non-smoking hotel. Smoking, including e-cigarettes, is prohibited in all public areas and in the guest rooms. In the event of a breach, the hotel may charge 150 euros as compensation for the additional cleaning costs incurred, including any loss of revenue from being unable to let the room as a result. The guest may prove that the hotel has suffered no loss or a significantly lower loss; the hotel reserves the right to prove higher damages. On room terraces, smoking is only permitted when windows and doors are closed, including those of neighbouring rooms. If other guests are disturbed, the hotel may prohibit smoking on the entire premises.
9. Pets
Out of consideration for guests with allergies, pets are not permitted. Guide dogs and other assistance dogs are exempt. Please let us know when you make your reservation.
10. Food and drink brought in, breakfast
Consumption of food and drink brought in from outside is not permitted in the public areas. Breakfast is served in the breakfast room; it is not possible to take breakfast items away. Preparing food in the rooms is not permitted.
11. Group bookings
Bookings of five or more rooms are only possible as guaranteed reservations against a corresponding advance payment.
12. Gift vouchers
12.1 Gift vouchers can only be redeemed for services of the hotel and restaurant Der Florenberg. If a balance remains after redemption, it remains valid and can be used on future visits. Cash payment is not possible. Gift vouchers cannot be used for online bookings.
12.2 Gift vouchers are valid for three years, calculated from the end of the year in which they were issued.
12.3 The purchaser is responsible for providing the correct details (in particular the email address) to which the voucher and invoice will be sent.
12.4 If gift vouchers are ordered by consumers by email, telephone or online, a statutory right of withdrawal applies. You will receive the cancellation policy and the model withdrawal form with your order. The withdrawal must be sent to: Der Florenberg, reference “Gutschein”, Am Florenberg 2, 36093 Künzell, email: [email protected].
Part B: Meetings, Celebrations and Events
13. Scope of Part B
The following provisions apply in addition to Part A to the provision of function rooms, restaurant and terrace areas for meetings, seminars, celebrations, weddings and other events, as well as to all related services of the hotel.
14. Number of participants
14.1 The customer shall inform the hotel of the final number of participants in text form no later than five working days before the event. This number forms the basis for invoicing.
14.2 If the number of participants increases, invoicing will be based on the actual number of participants. If the number of participants falls by more than 10% compared with the most recently notified number, the hotel is entitled to charge for at least the notified number of participants less 10%. The customer is free to prove that the hotel has suffered a lower loss.
14.3 If the agreed start or finish times are changed, the hotel may make a reasonable charge for the additional readiness of its services, unless the hotel is at fault.
15. Cancellation of events by the customer
Unless otherwise agreed in the offer or confirmation, the customer may cancel free of charge up to eight weeks before the event date. For later cancellations, the hotel will charge the following flat-rate compensation: up to four weeks before, 35%; up to one week before, 60%; thereafter, 85% of the agreed turnover or, for food and drinks, of the expected turnover (basis: menu price or buffet flat rate × number of participants). Room hire is charged in full. The customer is free to prove that the hotel has incurred no loss or a substantially lower loss.
16. Food, drinks and decorations brought by the customer
16.1 As a rule, the customer may not bring their own food and drinks to events. Exceptions, for example for a wedding cake, require prior agreement; a reasonable charge may be made for service and place settings.
16.2 Decorations and other items brought by the customer must comply with fire safety regulations. Candles are only permitted in stable holders. Confetti, glitter, rice and the like may only be used by prior arrangement; the hotel may charge for any exceptional cleaning required. Items brought in must be collected immediately after the event, at the latest by 12 noon on the following day; after that, the hotel may remove and store them at the customer's expense.
16.3 The hotel accepts no liability for loss of or damage to items brought in, except in cases of gross negligence or intent on the part of the hotel.
17. Customer liability, music and permits
17.1 The customer is liable for damage to the building or furnishings caused by event participants or visitors, staff or other third parties within the customer's sphere.
17.2 Unless otherwise agreed, the customer is responsible for obtaining any official permits and for registering music performances with GEMA. Out of consideration for neighbours and hotel guests, music outdoors is not permitted after 10 pm; in the function room, the volume must be kept at a reasonable level.
17.3 If technical or other equipment is procured from third parties for the customer, the hotel acts in the name of, with the authority of and for the account of the customer; the customer shall indemnify the hotel against any claims by third parties.
18. Final provisions
18.1 Amendments and additions to the contract, the acceptance of the booking or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer are invalid.
18.2 The place of performance and payment and, in commercial transactions, the exclusive place of jurisdiction is Fulda. If a contracting party meets the requirements of § 38 Abs. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Fulda.
18.3 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. With regard to consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
18.4 The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
18.5 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.
Last updated: October 2026. These terms and conditions replace all previous versions.