Terms and Conditions
GENERAL BUSINESS TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS (AGBH 8.0)
1 AREA OF APPLICATION
1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging, as well as to all other services and supplies provided by the hotel to the guest in this context (hotel accommodation contract). The term “hotel accommodation contract” encompasses and replaces the following terms: lodging contract, guest accommodation contract, hotel contract, and hotel room contract.
1.2 Subletting or subleasing the rooms provided, as well as using them for purposes other than lodging, requires the hotel’s prior written consent; in this regard, § 540(1), second sentence, of the German Civil Code (BGB) is waived to the extent that the customer is not a consumer within the meaning of § 13 BGB.
1.3 General business terms and conditions of the customer shall only be applica-ble if this is explicitly agreed in text form in advance.
2 CONCLUDING THE CONTRACT, CONTRACT PARTIES, STATUTE OF LIMITATIONS
2.1 The hotel and the customer are the parties to the contract. The contract is concluded by acceptance by the hotel of the application made by the cus-tomer. The hotel can confirm the room reservation in text form at its discretion.
2.2 All claims against the hotel shall become statute-bound in principle one year after commencement of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty of the hotel.
3 SERVICES, PRICES, PAYMENT, OFF-SET
3.1 The hotel is obliged to keep the rooms reserved by the customer available and to render the services agreed.
3.2 The customer is obliged to pay the hotel’s prices that are agreed for or appli-cable to the provision of the room for use and to other services used by the customer. This also applies to services ordered by the customer either direct-ly or through the hotel which are performed by third parties and paid for in ad-vance by the hotel.
3.3 The prices agreed are inclusive of the taxes and local taxes applicable at the time when the contract is concluded. They do not include local taxes such as local visitor’s tax [Kurtaxe] which the guest owes himself or herself under lo-cal community law.
The prices shall be adjusted accordingly in the event of changes to the statu-tory value added tax or of the introduction, change or elimination of local tax-es on the subject matter of the contract after the contract has been entered into. In the case of contracts with consumers, this only applies if the period of time elapsing between the date of conclusion of the contract and the date of performance of the contract is longer than four months.
3.4 The hotel may make its consent to a subsequent reduction requested by the guest in the number of rooms booked, the hotel’s services, or the length of the guest’s stay contingent upon a reasonable increase in the price of the rooms and/or the hotel’s other services.
3.5 The hotel invoices are due and payable immediately upon receipt without any deductions being made. If payment by invoice [Zahlung auf Rechnung] is agreed, payment shall be made within ten days of receipt of the invoice with-out any deductions being made unless otherwise agreed.
3.6 Upon conclusion of the contract, the hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of late payment by the customer, the statutory provisions apply.
3.7 In justified cases—such as a customer’s delinquency in payment or an expansion of the scope of the contract—the hotel is entitled, even after the contract has been concluded and up until the start of the stay, to demand an advance payment or security deposit as defined in Section 3.6 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon compensation.
3.8 Further, the hotel has the right to request, at the beginning and during the course of the customer’s stay, a reasonable advance payment or security within the meaning of subsection 3.6 above for existing and future claims un-der the contract, insofar as no such payment or security has already been made or provided pursuant to subsection 3.6 and/or 3.7 above.
3.9 The customer may only offset or net out an undisputed claim or a claim established by final and absolute court decision against a claim of the hotel.
3.10 The customer agrees that the invoice may be sent to him electronically.
3.11 The Hotel Johann Berlin accepts only cashless payment methods. Guests are hereby expressly informed that payment may be made only by card or other electronic means of payment. Payment of bills in cash is not permitted.
4 REVOCATION BY THE CUSTOMER (COUNTERMAND, CANCELLATION)/ NO SHOW
4.1 The customer may cancel the contract entered into with the hotel only if a right of cancellation has been expressly agreed upon in the contract, if a statutory right of cancellation exists, or if the hotel expressly consents to the cancellation of the contract.
4.2 If the hotel and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the hotel.
4.3 If a right of withdrawal has not been agreed upon or has already expired, and if there is no statutory right of withdrawal or termination, and if the hotel does not consent to the termination of the contract, the hotel retains the right to the agreed-upon compensation despite the service not being utilized. The hotel must offset any revenue from renting the rooms to other guests as well as any expenses saved. If the rooms are not rented to other guests, the hotel may apply a flat-rate deduction for saved expenses. In this case, the guest is obligated to pay 80% of the contractually agreed-upon price for overnight stays with or without breakfast, as well as for package deals including third-party services; 70% for half-board arrangements; and 60% for full-board arrangements. The guest is free to provide evidence that the aforementioned claim did not arise or did not arise in the amount claimed.
4.4 No-Show If the guest fails to arrive without a prior valid cancellation, the hotel retains the right to the agreed-upon payment in accordance with the cancellation policy applicable to the respective reservation. For stays of multiple nights, the hotel is entitled to cancel the reservation for the nights following the first night, unless otherwise expressly agreed.
5 REVOCATION BY THE HOTEL
5.1 If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the hotel has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved rooms and if the customer does not waive its revocation right after an inquiry is made and a reasonable period of time set by the hotel. This shall apply accordingly if the customer has been granted an option and other inquiries are made and the customer is not prepared to make a firm booking after the hotel makes an inquiry and sets an appropriate time period.
5.2 The hotel also has the right to revoke the contract if an advance payment or security agreed or required in accordance with subsection 3.6 and/or subsection 3.7 has not been paid after an appropriate period of grace set by the hotel has expired.
5.3 Further, the hotel has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of – force majeure or other circumstances for which the hotel is not responsi-ble, which render performance of the contract impossible; – rooms being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence; – the hotel having reasonable grounds to assume that the use of the service can jeopardize the smooth running of the business, the safety or public reputation of the hotel without this being attributable to the area of respon-sibility or organization of the hotel; – the purpose of or the reason for the stay being in violation of the law; – a breach of subsection 1.2.
5.4 Revocation by the hotel that is justified does not give the customer the right to claim damages.
6 MAKING THE ROOM AVAILABLE, HANDOVER AND RETURN
6.1 The customer does not acquire a right to the provision of specific rooms unless this has been explicitly agreed in text form.
6.2 The reserved rooms shall be available for use by the customer with effect from 14:00 hours on the agreed date of arrival. The customer has no right to earlier availability.
6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full room rate (as listed in the price list) for its use beyond the terms of the contract until 6:00 p.m., and 90% after 6:00 p.m. This does not give rise to any contractual claims on the part of the guest. He is free to prove that the hotel has incurred no claim for usage fees, or a substantially lower claim.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages resulting from injury to life, body, or health for which it is responsible. Furthermore, it is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent a breach of duty by the hotel or a willful or negligent breach of the hotel’s obligations typical to the contract. Obligations typical to the contract are those obligations that make the proper performance of the contract possible in the first place and on the fulfillment of which the customer relies and is entitled to rely. A breach of duty by a legal representative is equivalent to a breach of duty by the hotel or its agents. Any further claims for damages are excluded, unless otherwise provided for in this Section 7. Should any disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notice from the guest. The guest is obligated to do everything reasonably expected of him or her to remedy the disruption and minimize any potential damage.
7.2 The hotel is liable to the customer in accordance with the provisions of statute for items brought with the customer. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring with him or her money, securities or valuables valued at over Euro 800 or other property items valued at over Euro 3,500, a separate safekeeping agreement must be entered into with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even if this is for payment, a custody contract is not con-cluded as a result. If cars parked or driven on the hotel premises or the con-tents thereof are lost or damaged, the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
7.4 Wake-up calls are made with great care by the hotel.
Messages for customers are treated with care. After prior agreement with the customer, the hotel can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
8 FINAL PROVISIONS
8.1 Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective.
8.2 The place of performance and payment shall be Berlin (Germany) and the courts of Berlin (Germany) shall have exclusive jurisdiction over commercial transactions – also over disputes relating to cheques and bills of exchange. If the customer meets the condition of section 38 (2) German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germa-ny, the courts of Berlin (Germany). German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.3 German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
8.4 The hotel does not participate in dispute resolution proceedings before a consumer arbitration board and is not obligated to do so.
9 HOUSE RULES/ NO SMOKING/ DAMAGE
9.1 The guest agrees to treat the hotel room, facilities, and furnishings with care and to comply with the hotel’s rules and regulations. The guest is liable for any damage caused through his or her own fault, by traveling companions, or by third parties invited by him or her.
9.2 Smoking is prohibited in all indoor areas of the hotel. This also applies to electronic cigarettes and similar products. In the event of a violation, the hotel may charge the actual costs incurred for special cleaning or for any resulting loss of use of the room. The guest reserves the right to prove that no damage occurred or that the damage was significantly less.
9.3 Pets are generally welcome at the hotel and must be declared at the time of booking or prior to arrival. A surcharge of 15,00€ per night per pet will be charged for accommodating a pet. The guest is responsible for supervising the pet and for any damage or excessive soiling caused by the pet, to the extent that the guest is liable for such damage or soiling under applicable law.
As of September 2026
