General Terms and Conditions for Package Tour Contracts

For German hotels under the Essential by Dorint, Dorint Hotels & Resorts, and Hommage Luxury Hotels Collection brands

I. Scope of Application

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 to the customer by the respective hotel, whereby “hotel” is to be understood here as all “Dorint,” “Essential by Dorint,” and “Hommage” hotels located in the Federal Republic of Germany, regardless of the identity of the operator (hereinafter each referred to as a “Hotel”). Operators in this sense may be Dorint Hotels Betriebs GmbH (registered in Cologne, HRB 119364), Essential by Dorint GmbH (registered in Cologne, HRB 98777), or 5HALLS HOMMAGE HOTELS GmbH (Cologne Commercial Register, HRB 98776), an affiliate of these companies pursuant to Section 15 of the German Stock Corporation Act (AktG), a licensee of the aforementioned companies, or a third party whose hotel operations are managed by one of the aforementioned operators on behalf of the third party. The term “hotel accommodation agreement” encompasses and replaces the following terms: lodging agreement, guest accommodation agreement, hotel agreement, and hotel room agreement.
The subletting or re-letting of the rooms provided, as well as their use for purposes other than lodging, requires the hotel’s prior written consent, whereby Section 540(1), second sentence, of the German Civil Code (BGB) is waived.
The customer’s general terms and conditions shall apply only if this has been expressly agreed in writing in advance.
For the purposes of these Terms and Conditions, “Customer” refers to both consumers and business entities as defined in Sections 13 and 14 of the German Civil Code (BGB).

II. Conclusion of the Contract, Contracting Parties, Statute of Limitations

The contract is concluded upon the hotel’s acceptance of the customer’s request. If the hotel makes a binding offer to the customer, the contract is concluded upon the customer’s acceptance of the hotel’s offer. The room reservation must be confirmed in writing. In the case of a reservation made via the hotel’s own website, the contract is concluded by clicking the “BOOK WITH PAYMENT OBLIGATION” button.
The contracting parties are the hotel and the customer. If a third party has made the reservation on behalf of the customer, the customer is jointly and severally liable with the third party to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.
All claims by the customer or the third party against the hotel generally become time-barred one year after the start of the knowledge-dependent regular statute of limitations within the meaning of Section 199(1) of the German Civil Code (BGB). However, claims for damages against the hotel are subject to a statute of limitations of no later than three years upon the hotel’s knowledge of the breach, or no later than ten years regardless of the hotel’s knowledge, from the date of the breach.

These shortened limitation periods do not apply to claims arising from intentional acts or gross negligence on the part of the hotel—including its vicarious agents—or to damages caused by negligence resulting in injury to life, limb, or health.

In the case of property damage or financial loss caused by negligence, the shortened limitation periods do not apply if an essential contractual obligation has been breached. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.

III. Services, Prices, Payments, Set-off

The hotel is obligated to reserve the rooms booked by the customer and to provide the agreed-upon services.
The customer is obligated to pay the hotel’s applicable or agreed-upon rates for the use of the rooms and any additional services utilized by the customer. This also applies to services arranged by the customer and expenses incurred by the hotel on behalf of third parties. The agreed-upon prices include the taxes and local fees applicable at the time the services are provided. They do not include local fees that, under applicable municipal law, are owed by the guest personally, such as a visitor’s tax. If local charges applicable to the subject matter 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 applies only if the period between the conclusion of the contract and its fulfillment exceeds four months.
The hotel may make its consent to a subsequent reduction requested by the guest in the number of booked rooms, the hotel’s services, or the guest’s length of stay contingent upon an increase in the price for the rooms or for the hotel’s other services.
Invoices from the hotel that do not specify a due date are payable without deduction within ten calendar days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, which is currently nine percentage points above the base rate, or, in the case of legal transactions involving a consumer, five percentage points above the base rate. In addition, in the event of default, the hotel may charge a fee of €5 per reminder letter. The hotel reserves the right to prove and claim higher damages.
The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions governing package tours. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract.
In justified cases, e.g., if the customer is in arrears or the scope of the contract is expanded, the hotel is entitled, even after the contract has been concluded, to demand an advance payment or security deposit as defined in Section 5 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon compensation.
The customer may only set off a claim against a claim by the hotel if the claim is undisputed or has become final and binding.
The customer agrees that the invoice may be sent to him electronically.

IV. Withdrawal by the Customer, Cancellation, Non-Use of the Hotel’s Services

The customer may withdraw from the contract concluded with the hotel only if a right of withdrawal has been expressly agreed upon in the contract or in these Terms and Conditions, if another statutory right of withdrawal exists, or if the hotel expressly consents to the termination of the contract. Any agreement regarding a right of withdrawal, as well as any consent to the termination of the contract, must be made in writing.
If a deadline for free withdrawal from the contract has been agreed upon between the hotel and the customer (option), the customer may withdraw from the contract by that deadline without triggering any claims for payment or damages by the hotel. The customer’s right of withdrawal expires if the customer does not exercise this right in writing with the hotel by the agreed-upon deadline.
If a right of withdrawal has not been agreed upon or has already expired, and there is no statutory right of withdrawal or termination, and 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 expenses saved. In this case, the customer is obligated to pay 90% 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 customer is free to provide evidence that the claim did not arise or did not arise in the amount claimed.
If the hotel calculates the compensation specifically, the amount of compensation shall not exceed the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and any income the hotel derives from alternative uses of the hotel services.
The foregoing provisions regarding compensation apply mutatis mutandis if the guest fails to use the booked room or services without providing timely notice (no-show).
The hotel is entitled to bill the guest for the agreed-upon compensation, less a lump-sum deduction for saved expenses, and to withhold this amount from the deposit, if one has been paid.

V. Withdrawal by Our Hotel

If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is also entitled, during this period, to withdraw from the contract in writing at no cost if there are inquiries from other guests regarding the contractually booked rooms and the guest does not waive their right to withdraw within two weeks upon the hotel’s request. If the guest allows this period to elapse without taking action, the hotel is entitled to withdraw from the contract. This applies accordingly in the case of an option granted, if other inquiries are received and the customer, upon inquiry by the hotel with a two-week deadline, is not prepared to make a firm reservation.
If an agreed-upon advance payment or security deposit—or one required pursuant to Section III, Paragraph 5—is not made even after the expiration of a reasonable grace period of five business days set by the hotel, the hotel is also entitled to withdraw from the contract.
Furthermore, the hotel is entitled to terminate the contract for good cause, in particular if force majeure or other circumstances beyond the hotel’s control render performance of the contract impossible; Book a room culpably on the basis of misleading or false information or by concealing material facts, e.g., regarding the guest’s identity, financial standing, or purpose of stay; the hotel has reasonable grounds to believe that the use of the hotel’s services 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; there is a violation of Section I, Paragraph 2; or the hotel has issued a ban on the guest’s entry to the premises.
In the event of a justified cancellation by the hotel, the guest shall have no claim for damages.

VI. Room Provision, Check-In, and Check-Out

The customer has no right to the provision of specific rooms unless this has been expressly agreed upon.
Booked rooms are available to the guest no earlier than 3:00 p.m. on the agreed-upon arrival date. Booked country houses/apartments are available to the guest no earlier than 5:00 p.m. on the agreed-upon arrival date. The guest has no right to earlier check-in.
On the agreed-upon departure date, the rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. The country houses/apartments must be made available to the hotel by 10:00 a.m. at the latest on the agreed-upon departure date. Thereafter, in the event of a delayed vacating of the room, country house, or apartment, the hotel may charge 50% of the currently valid daily room rate for its use beyond the terms of the contract until 6:00 p.m., and 100% thereafter. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel incurred no charge for use or a significantly lower charge. Furthermore, the hotel reserves the right to prove and claim higher damages.

VII. Liability of the Hotel

In the event of damage caused, the hotel shall be liable in cases of willful misconduct and gross negligence—including that of its vicarious agents—in accordance with statutory provisions. The same applies to damage caused by negligence resulting in injury to life, limb, or health. In the case of property damage or financial loss caused by negligence, the hotel and its agents are liable only in the event of a breach of a material contractual obligation; however, liability is limited to the amount of damages that were foreseeable at the time the contract was concluded and are typical for this type of contract. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely. Should 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 notification by the customer. The guest is obligated to make a reasonable effort to resolve the disruption and minimize any potential damage, as well as to notify the hotel immediately of any disruptions or damage.
The hotel is liable to the guest for items brought onto the premises in accordance with the statutory provisions of Sections 701 et seq. of the German Civil Code (BGB), up to a maximum amount of €3,500. For cash, securities, and valuables, the amount of €800 replaces the €3,500 limit. If the guest wishes to bring in cash, securities, and valuables worth more than €800 or other items worth more than €3,500, a separate storage agreement with the hotel is required. Storage in the hotel or room safe is generally recommended. For any further liability on the part of the hotel, the provision set forth in Section VII, Paragraph 1, above applies.
If a parking space is made available to the guest in the hotel garage or in a hotel parking lot—even for a fee—this does not constitute a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel is liable only in accordance with Section VII, Paragraph 1.
Wake-up calls are handled by the hotel with the utmost care. Messages, mail, and packages for guests are also handled with the utmost care. The hotel assumes responsibility for delivery and storage—in each case at the hotel—as well as, upon request and for a fee, for forwarding such items. Section 1 above applies accordingly.

VIII. Final Provisions

Any amendments or additions to the contract, the acceptance of the reservation, or these General Terms and Conditions for the Hotel Accommodation Contract must be made in writing. Unilateral amendments or additions by the guest are invalid.
The place of performance and payment is the registered office of the respective hotel.
The exclusive place of jurisdiction—including for disputes involving checks and bills of exchange—in commercial transactions is Cologne. If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be the hotel’s registered office.
German law applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded.
Should individual provisions of these General Terms and Conditions for the Hotel Accommodation Contract be or become void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Effective: June 2026

Essential by Dorint GmbH

Aachener Straße 1051
50858 Cologne, Germany

Tel.: +49 221 48567-0
Fax: +49 221 48567-148
info@dorint.com
dorint.com

Managing Director: Stefanie Brandes
Cologne Local Court: HRB 98777

Dorint Hotels Betriebs GmbH

Aachener Straße 1051
50858 Cologne, Germany

Phone: +49 221 48567-0
Fax: +49 221 48567-148
info@dorint.com
dorint.com

Managing Director: Stefanie Brandes
Chairman of the Supervisory Board: Dirk Iserlohe
Cologne Local Court: HRB 119364

5HALLS HOMMAGE HOTELS GmbH

Aachener Straße 1051
50858 Cologne, Germany

Phone: +49 221 48567-0
Fax: +49 221 48567-148
info@hommage-hotels.com
hommage-hotels.com
Cologne Local Court: HRB 98776