General terms and conditions for Ratswaage Hotel Magdeburg's accommodation contract

1. Scope of applicability

1.1 These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel to the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.

1.2 The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.

1.3 The customer’s general terms and conditions shall apply only if these are previously expressly agreed.

2. Data Security

2.1 The hotel processes the guest’s personal data on the following legal grounds: to fulfil the accommodation contract (Art. 6(1)(b) GDPR), to comply with legal obligations (Art. 6(1)(c) GDPR), and on the basis of the hotel’s legitimate interests, in particular for customer service and operational security (Art. 6(1)(f) GDPR). In doing so, the data protection requirements of the EU General Data Protection Regulation (EU GDPR) and the Federal Data Protection Act (BDSG) in its currently valid version are always observed.

2.2 The hotel is entitled to engage affiliated companies and selected third-party service providers to the extent necessary for the processing of data, and to transfer personal data to these companies in accordance with this section and have them process such data. Data will be transferred to third parties only to the extent necessary for the performance of the lodging contract or the event. If service providers are based outside the European Economic Area, data will be transferred only if an adequate level of protection is ensured in accordance with Art. 44 et seq. of the GDPR (e.g., through the EU Commission’s Standard Data Protection Clauses).

2.3 The guest has the right to access, rectify, erase, and restrict the processing of their personal data stored by the hotel. The guest also has the right to data portability (Art. 20 GDPR) and the right to object to the processing of their personal data to the extent that such processing is based on Art. 6(1)(f) GDPR (Art. 21 GDPR). Without prejudice to other legal remedies, the guest has the right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR); the competent supervisory authority is the State Commissioner for Data Protection of Saxony-Anhalt. Unless otherwise required by law, the guest’s personal data will be deleted upon termination of the lodging contract or the event and after the statutory retention periods have expired.

2.4 The complete data protection principals of the Hotel can be looked at online via www.ratswaage.de/privacy/. /. If you have further questions relating to data privacy, please send us an e-mail to: datenschutz@ratswaage.de.

3. Conclusion of contract, Contracting Parties, Statue of Limitations

3.1 The hotel and the customer are the contracting parties. The contract shall come into force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm the room reservation in written form.

3.2 All claims against the hotel are generally subject to a one-year statute of limitations, which begins on the date specified by law. The shortened statute of limitations applies exclusively to business-to-business (B2B) transactions; for consumers as defined in Section 13 of the German Civil Code (BGB), the statutory statutes of limitations apply. This does not apply to claims for damages or other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.

4. Services, prices, payment, set-off

4.1 The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.

4.2 The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses.

4.3 The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, such as visitor’s tax. If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.

4.4 The hotel can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.

4.5 Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of due debt from the customer. The statutory rules concerning the consequences of default of payment apply. The hotel reserves the right to prove greater damage.

4.6 The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours. The statutory rules concerning the consequences of default of payment apply.

4.7 In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 4.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.

4.8 Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 4.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 4.6 and/or No. 4.7.

4.9 The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.

5. Withdrawal of the Customer (Cancellation, Annulment) / Failure to Use the Hotel's Services (e.g., No-Show & Vouchers)

5.1 The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written from.

5.2 Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

5.3 If a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract the agreed hotel services shall be paid regardless of whether the customer avails himself of the contractual services. The hotel must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the hotel. In this case, the customer is obligated to pay at least 90% of the contractually agreed rate for lodging with or without breakfast as well as all-inclusive arrangements with contracted services, 70% for half-board and 60% for full-board arrangements. The customer is entitled to prove that the above-mentioned claim has not accrued at all or has not amounted to the demanded sum.

5.4 If a reservation is not honoured without prior cancellation (no-show), the room will be held until 8.00 a.m. the following day (local time); after this time, the contract is no longer valid, and the cancellation fees specified in paragraph 5.3 above will be charged for the entire stay.

5.5 If the stay is terminated early, the cancellation fees specified in paragraph 5.3 will also apply.

5.6 Purchased vouchers cannot be redeemed for cash.

5.7 Bookings made via the Internet or other means of distance communication constitute distance contracts within the meaning of Section 312c of the German Civil Code (BGB). For accommodation contracts in which a specific service period is agreed upon, there is no statutory right of withdrawal pursuant to § 312g (2)(9) of the German Civil Code (BGB). The right of withdrawal is replaced exclusively by the cancellation terms set forth in these General Terms and Conditions (Sections 5.1 through 5.5). The guest will be separately informed of this during the booking process.

6. Withdrawal of the Hotel

6.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.

6.2 If an agreed advance payment or an advance payment or a security demanded pursuant to No. 4.6 and/or No. 4.7 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.

6.3 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if

- force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract impossible;

- rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;

- the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;

- the purpose or the cause of the stay is illegal;

- there is a breach of the above-mentioned No. 1.2.

6.4 The justified withdrawal by the hotel constitutes no claims for damages for the customer.

7. Room availability, delivery and Return

7.1 The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.

7.2 Reserved rooms are available to the customer starting at 3.00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.

7.3 Rooms must be vacated and made available to the hotel no later than 11.00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 6.00 p.m. (after 6.00 p.m.: 90%). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.

8. Check-in, Hotel Management Rights, and Minors

8.1 Upon arrival, every guest is required to present a valid government-issued photo ID (identity card, passport). This also applies to minors traveling alone. Registration data is collected in accordance with Sections 29 et seq. of the Federal Registration Act (BMG).

8.2 The hotel exercises its right to enforce house rules. It is entitled to expel guests who violate these General Terms and Conditions, the house rules, or legal provisions, or who significantly disrupt hotel operations, other guests, or staff. In such cases, there is no entitlement to a refund of payments already made; the agreed-upon fee remains due in full.

8.3 Minors under the age of 18 may only be accommodated if accompanied by a legal guardian or an authorized adult. Exceptions require the written consent of the legal guardian, which must be presented to the hotel upon arrival.

9. Food and Beverages Brought from Home

9.1 Consuming food and beverages brought from home is prohibited in public areas.

9.2 Breakfast may only be eaten in the designated areas of the public space (restaurant, terrace, bar). Guests may not take any breakfast items offered by the hotel with them.

9.3 Preparing food in the guest rooms is prohibited.

10. Non-Smoking Hotel/Notifying the Fire Department in Case of Fire

10.1 Smoking is strictly prohibited throughout the entire hotel, including all guest rooms. Smoking is permitted only in outdoor areas (entrance area, terrace, and rock garden—passageway to the parking garage). Should a guest nevertheless smoke in a guest room, a cleaning fee of at least 250 EUR will be charged to cover the necessary measures (in particular, ozone treatment, special cleaning, and, if applicable, loss of room revenue). The hotel reserves the right to bill separately for any additional, verifiable costs. The guest retains the right to prove that the actual costs incurred were lower.

10.2 All premises and guest rooms are equipped with smoke detectors. Should a fire alarm or an actual fire response be triggered due to a guest’s misconduct—such as smoking in the room—the guest shall be liable for all resulting costs. These include, in particular, the cost of the fire department’s response in accordance with local fee schedules, as well as any consequential costs, including any business interruption losses, necessary to restore normal operations. The hotel is entitled to retain a damage deposit to secure these claims.

11. Pets

11.1 Dogs are permitted for an additional fee of 18 EUR (excluding food) per dog per night; guests must bring their own dog bed and blanket.

11.2 Guests are required to request permission to bring a pet in advance. If the hotel agrees to allow the pet, this is subject to the condition that the pet remains under the guest’s constant supervision, is free of disease, and poses no other danger to hotel guests or hotel staff.

11.3 When leaving the room, please hang the “Do Not Disturb” sign on the door.

11.4 Upon prior request and approval, pets are permitted in the restaurant, on the terrace, and at the hotel bar.

11.5 Pets are generally not permitted in the restaurant, on the terrace, or at the hotel bar during the family buffet on Easter and Christmas holidays, as well as during the New Year’s Eve celebration.

11.6 Guide dogs, hearing dogs, and other comparable service dogs may be brought along free of charge and accompanied at all times.

12. Charging Electric Vehicles and Devices

12.1 Charging rechargeable batteries for electric vehicles (such as e-scooters, e-bikes, electric wheelchairs, and similar devices) as well as power banks with a capacity exceeding 100 Wh is permitted exclusively in the designated areas specified by the front desk.

12.2 Charging at electrical outlets in hotel rooms, hallways, common areas, or other areas not expressly authorized is prohibited. Only chargers and vehicles that are in good working order and comply with applicable safety standards may be used. Parking e-scooters, e-bikes, or similar vehicles inside the hotel (lobby, hallways, rooms) is not permitted.

12.3 The guest is fully liable for any damage resulting from the improper charging or use of electric vehicles or devices, in particular for fire damage, water damage, and consequential damages. Any violation entitles the hotel to terminate the contract immediately. This does not reduce the hotel’s entitlement to the agreed-upon fee.

13. Use of the Website

13.1 Use of the website is at your own risk. The hotel does not guarantee the continuous availability or functionality of the website. Links to external websites are provided to the best of the hotel’s knowledge; however, the hotel assumes no responsibility for their content.

13.2 The hotel is not liable for damages resulting from outages, technical malfunctions, cyberattacks by third parties, or other disruptions to the IT systems for which the hotel is not responsible, provided that the hotel has taken all reasonable security measures in accordance with the current state of the art.

13.2 The hotel strives to make its website and digital services accessible in accordance with the requirements of the Act on the Promotion of Accessibility (BFSG). An accessibility statement is available at www.ratswaage.de/barrierefreiheit/. The hotel can be notified of any barriers or deficiencies using the contact information provided there.

14. Consumer Arbitration Board

We are not obliged to take part in dispute settlement proceedings with consumers for disputes in our business area before a consumer arbitration board. About that we will decide on a case-by-case basis. The responsible consumer arbitration board is:

           Allgemeine Verbraucherschlichtungsstelle
           des Zentrums für Schlichtung e. V.
           Straßburger Str. 8
           77694 Kehl am Rhein

www.verbraucher-schlichter.de

15. Liability of the Hotel

15.1 The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 15. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.

15.2 The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel locker. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3.500 EUR, a separate safekeeping agreement is necessary.

15.3 Insofar as a parking space is provided to the customer in the hotel garage, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof only pursuant to the preceding No.15.1.

15.4 Wake-up calls are carried out by the hotel with the greatest possible diligence. Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. 15.1.

15.5 The hotel shall not be liable for disruptions in services or damages resulting from force majeure. Force majeure includes unforeseeable and extraordinary events for which the hotel is not responsible, in particular natural disasters, pandemics and epidemics, official orders and operating bans, strikes, terrorist attacks, cyberattacks, and other comparable events. In such cases, the hotel will inform the guest immediately and—to the extent possible—suggest alternative dates or services. The statutory provisions regarding exemption from performance and withdrawal remain unaffected.

15.6 The guest is liable to the hotel for all damage to rooms, furnishings, technical equipment, or other hotel facilities caused through the fault of the guest or persons invited or accompanied by the guest. The hotel is entitled to invoice the corresponding amounts for damages immediately upon verification of the extent of the damage. The hotel reserves the right to require a reasonable damage deposit upon arrival.

16. Final provisions

16.1 Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.

16.2 For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at Magdeburg. Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at Magdeburg shall have exclusive jurisdiction.

16.3 The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.

16.4 Should individually provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.

The German version of our Terms & Conditions takes precedence over the English version. In case of doubt, the German version shall be taken as reference.
© Hotelverband Deutschland (IHA) e.V. (current status July 2026)

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