Terms and Conditions

1. Scope

1.1. These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation, as well as to all other services and supplies provided to the customer in this context by HIAMO Hotel Hamburg-Bergedorf, represented by HIAMO Management GmbH, Hopfenstraße 23, 20359 Hamburg (Hotel Accommodation Contract). They do not apply to package tours within the meaning of Section 651a of the German Civil Code (BGB). The term “hotel accommodation contract” encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, and hotel room contract.

1.2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the hotel’s prior written consent, whereby the right to terminate the contract pursuant to Section 540(1), second sentence, of the German Civil Code (BGB) is waived.

1.3. The Customer’s general terms and conditions shall apply only if this has been expressly agreed in writing.

  2. Contract conclusion, contracting parties

The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s request. If the booking is made through the hotel’s website, the contract is concluded when the customer clicks the “BOOK WITH PAYMENT OBLIGATION” button.

  3. Services, Prices, Payment, Setoff

3.1. The hotel is obligated to keep the rooms booked by the guest available and to provide the agreed-upon services.

3.2. The guest is obligated to pay the hotel’s agreed-upon or applicable rates for room occupancy and any additional services utilized by the guest. This also applies to services ordered by the guest directly or through the hotel that are provided by third parties and paid for in advance by the hotel.

3.3. The agreed prices include all taxes and local fees in effect at the time the contract is concluded. They do not include local fees that the guest is required to pay directly under applicable municipal law, such as a visitor’s tax.
If there is a change in the statutory sales tax or the introduction, modification, or abolition of local fees applicable to the subject matter of the service after the contract is concluded, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between the conclusion of the contract and its performance exceeds four months.

3.4. If payment on account has been agreed, payment must be made in full within seven days of receipt of the invoice, unless otherwise agreed. 

3.5. Upon conclusion of the contract, the hotel is entitled to require the customer to make a reasonable advance payment or provide security, such as 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 event of late payment by the customer, the statutory provisions shall apply.

3.6. In justified cases, such as a customer’s failure to pay 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 3.5 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon amount.

3.7. The hotel is also entitled to require the guest, at the beginning of and during the stay, to make a reasonable advance payment or provide security in accordance with Section 3.5 above for existing and future claims arising from the contract, unless such payment or security has already been provided in accordance with Section 3.5 and/or Section 3.6 above.

3.8. The customer may only set off or offset a claim against a claim by the hotel if the claim is undisputed or has become final and binding.

3.9. The customer agrees that the invoice may be sent to them electronically.

  4. Withdrawal/Termination (“Cancellation”) by the Customer / Failure to Use the Hotel’s Services

  (“No-show”)

4.1. The customer may terminate the contract with the hotel unilaterally only if a right of withdrawal has been expressly agreed upon in the contract or if a statutory right of withdrawal or termination exists.

4.2. If the hotel and the customer have agreed on a deadline for withdrawing from the contract free of charge, the customer may withdraw from the contract by that date without triggering any claims for payment or damages by the hotel. The customer’s right of withdrawal expires if the customer does not exercise it in writing by the agreed deadline.

4.3. If no right of withdrawal has been agreed upon or has already expired, and if there is no statutory right of withdrawal or termination, the hotel retains the right to the agreed-upon compensation despite the service not being utilized. The hotel must offset the revenue from renting the rooms to other guests as well as the 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 customer is obligated to pay 90% of the contractually agreed 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 customer is free to provide evidence that the aforementioned claim has not arisen or has not arisen in the amount claimed.

  5. Cancellation by the hotel

5.1. If it has been agreed that the customer may cancel the contract free of charge within a specified period, the hotel is entitled, during this period, to cancel the contract if it receives inquiries from other customers regarding the rooms booked under the contract and the customer, upon the hotel’s request and within a reasonable timeframe, does not waive their right to cancel. This applies accordingly in the case of an option being granted, if other inquiries are received and the customer, upon inquiry by the hotel with a reasonable deadline, is not prepared to make a firm booking.

5.2. If an advance payment or security deposit agreed upon or required pursuant to Section 3.5 and/or Section 3.6 is not made even after the expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to terminate the contract.

5.3. Furthermore, the hotel is entitled to terminate the contract for cause, in particular if

• force majeure or other circumstances beyond the hotel’s control render performance of the contract impossible;
• rooms are booked through willful misrepresentation or false statements, or by concealing material facts; such material facts may include the customer’s identity, financial standing, or purpose of stay;
• the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational responsibility;
• the purpose or reason for the stay is unlawful;
• there is a violation of section 1.2 above.

5.4. The hotel’s justified cancellation does not entitle the guest to claim damages. If, in the event of a cancellation pursuant to Section 5.2 or 5.3 above, the hotel is entitled to claim damages from the guest, the hotel may calculate such damages on a lump-sum basis. In this case, Section 4.3 applies accordingly.

  6. Room Assignment, Check-In, and Check-Out

6.1. The customer has no right to the provision of specific rooms unless this has been expressly agreed in writing.

6.2. Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed-upon arrival date. The customer is not entitled to earlier check-in.

6.3. On the agreed departure date, guests must vacate their rooms and make them available to the hotel by 12:00 p.m. at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full room rate (price according to the price list) for its use beyond the contractual period 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. The guest is free to prove that the hotel has incurred no claim for usage fees or a significantly lower claim.

  7. Hotel Liability

7.1. The hotel is liable for damages resulting from injury to life, limb, 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 breach of the hotel’s obligations typical to the contract. Obligations typical of 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 the hotel is equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy the situation upon becoming aware of them or upon immediate complaint by the customer. The customer is obligated to contribute to the extent reasonably possible to remedy the disruption and minimize any potential damage.



7.2. The hotel is liable to the guest for items brought into the hotel in accordance with statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring in cash, securities, and valuables worth more than 800 euros or other items worth more than 3,500 euros, a separate storage agreement with the hotel is required.

  8. Final Provisions

8.1. Any amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions are invalid.

8.2. If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Hamburg. However, the hotel may also choose to bring an action against the customer at the customer’s place of business. The same applies to customers who do not fall under the first sentence if they do not have their place of business or residence in an EU member state. 

8.3. This Agreement is governed by German law. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

8.4 In accordance with legal requirements, the hotel hereby notes that the European Union has established an online platform for the out-of-court resolution of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/

However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.