1 These General Terms and Conditions (GTC) apply to all services provided by Hotel Birkenhof to the guest, the organizer and other contractual partners (hereinafter referred to as “contractual partners”). The services consist in particular of the provision of hotel rooms and other premises for seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organization of cultural and sporting events and other programs, the implementation of special health-promoting measures or comparable offers as well as for all other related services and deliveries of the Birkenhof. The Hotel Birkenhof is entitled to have its services performed by third parties.
2 These GTCs apply to all types of contract, such as hotel accommodation, package tour, contingent or event contracts concluded with the Hotel Birkenhof. The GTC also apply to all future transactions with the contractual partner.
3. the general terms and conditions of the contractual partner shall not apply, even if Hotel Birkenhof does not expressly object to them. Counter-confirmations by the contractual partner with reference to its GTC are hereby rejected.
1. the respective contract is generally concluded following a verbal or written application by the contractual partner and acceptance by Hotel Birkenhof. The Hotel Birkenhof is free to accept the application in writing, verbally, in text form (email, fax) or conclusively by providing the service.
2. if the contractual partner concludes a so-called contingent contract, the contractual partner shall be liable for all damages culpably caused by the end user.
3. the subletting or re-letting or the use of the rooms provided by third parties free of charge as well as the use for purposes other than accommodation is only permitted if the Hotel Birkenhof expressly permits this. Hotel Birkenhof may, at its own discretion, grant a written exception upon request.
1. the rooms are made available exclusively for accommodation purposes.
2. the contractual partner is liable to the Hotel Birkenhof for all damage caused by him or by third parties who receive the services of the Hotel Birkenhof at his instigation.
3. the contractual partner is not entitled to the use of specific rooms. If rooms are not available in the hotel, Hotel Birkenhof will inform the contractual partner of this immediately and offer an equivalent replacement in a nearby hotel of the same category. If the contractual partner refuses, Hotel Birkenhof must reimburse any services provided by the contractual partner without delay.
4. booked rooms are available to the contractual partner from 14:00 on the day of arrival. Unless otherwise agreed, the Hotel Birkenhof has the right to reallocate booked rooms after 18:00 without the contractual partner being able to derive any rights or claims from this.
5. the rooms must be vacated by 11:00 a.m. at the latest on the day of departure. After this time, the Hotel Birkenhof may charge the daily room rate for the additional use of the room until 4:00 p.m., and 100% of the full accommodation price (list price) from 4:00 p.m. onwards.
1. in order to enable Hotel Birkenhof to make careful preparations, the contractual partner must inform Hotel Birkenhof of the final number of participants no later than three days before the start of the event. If the contractual partner informs Hotel Birkenhof of a higher number of participants than agreed, this higher number will only become part of the contract if Hotel Birkenhof agrees to this in writing. If Hotel Birkenhof does not agree in writing, the contractual partner is not entitled to hold the event with a higher number of participants. If Hotel Birkenhof agrees, the invoice will be based on the new agreement (possibly with additional expenses). The contractual partner is not entitled to consent. Billing shall be based on the contractual agreements irrespective of the notification of the number of participants. If fewer participants actually take part in the event, this is irrelevant for invoicing purposes.
2. if the agreed start time of an event is postponed, the Hotel Birkenhof is entitled to charge the contractual partner for all additional costs incurred as a result.
If a room reservation is canceled, a compensation fee of 1500.- (lump sum) may be charged.
3. reserved rooms are only available to the contractual partner within the period agreed in writing. Any use beyond this requires the written consent of Hotel Birkenhof and will only be granted for an additional fee. The right to change rooms is reserved insofar as this is reasonable for the contractual partner, taking into account the interests of Hotel Birkenhof.
4. for events that extend beyond midnight, the Hotel Birkenhof may charge € 50.00 plus VAT per booked service employee and per hour or part thereof. will be invoiced. The contractual partner is liable to Hotel Birkenhof for additional services provided to the event participants or to third parties in connection with the event.
5. the contractual partner must obtain all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Fees payable to third parties for the event, such as GEMA fees, entertainment tax, etc., shall be paid by the contractual partner to the creditor without delay.
6. the contractual partner shall be liable for the conduct of its employees, event participants and other auxiliary staff as for its own conduct. The Hotel may require the Contractual Partner to provide appropriate security (e.g. insurance, deposits, guarantees).
7. in order to prevent damage, the attachment and installation of decorative material or other objects must be agreed with Hotel Birkenhof in advance. Exhibits and other items brought along must be removed at the end of the event. If the contractual partner does not comply with this regulation, Hotel Birkenhof has the right to remove the items and store them at the customer’s expense. Transport packaging, outer packaging and all other packaging materials brought in must be disposed of by the contractual partner at its own expense. Disposal may be subject to a charge if the contractual partner leaves the packaging behind after the end of the event. All items brought in during the event, such as decoration material and the like, must comply with all applicable regulations.
8. the Hotel Birkenhof does not provide insurance cover for items brought into the hotel. The conclusion of any necessary insurance is the sole responsibility of the contractual partner.
9. faults or defects in the facilities provided by Hotel Birkenhof will be rectified insofar as this is possible for Hotel Birkenhof. The contractual partner cannot derive any claims in this connection.
10. if the contractual partner brings in their own electrical equipment, this requires the consent of the hotel management before connection to the electricity network. The electricity consumption incurred will be charged according to the valid supply and working prices as charged to Hotel Birkenhof by the utility company. Hotel Birkenhof is free to record and charge a flat rate. Any faults or defects in the technical systems of Hotel Birkenhof caused by the connection shall be borne by the contractual partner.
11. if the Hotel Birkenhof procures technical or other equipment from third parties for the contract partner, the Hotel Birkenhof shall act in the name and for the account of the contract partner; the latter shall be liable for the careful handling and proper return of this equipment and shall indemnify the Hotel Birkenhof against all third-party claims upon first written request. Any liability on the part of the Hotel Birkenhof due to late procurement or defectiveness of the procured facilities is excluded.
12. the contractual partner may not bring food and beverages to the events. In special cases (e.g. national specialties, etc.), a written agreement may be made; in such cases, a general costs fee shall be charged less the proportionate cost of goods.
13. newspaper advertisements containing invitations to job interviews or sales events generally require the prior written consent of the Hotel Birkenhof at
. If a publication is made without consent, the Hotel Birkenhof has the right to cancel the event.
14. any kind of advertising, information, invitations, through which a reference to the hotel is established, in particular through the use of the hotel name, requires the prior written consent of the hotel.
1. the prices of the respective services are determined according to the Hotel Birkenhof’s price list valid at the time the service is provided. All prices include the currently applicable statutory value added tax. The prices do not include public charges such as visitor’s tax, cultural taxes (so-called “bed tax”) and the like. The contractual partner shall bear the aforementioned charges in addition. The respective amounts will be invoiced separately. Increases in value added tax shall be borne by the contractual partner. If the period between the conclusion of the contract and the first contractual service exceeds 120 days, Hotel Birkenhof has the right to increase prices by a maximum of 15%. Subsequent changes to the services can lead to changes in the prices. Hotel Birkenhof is entitled to demand an advance payment or security deposit of up to 100% of the total payment obligation of the contractual partner upon conclusion of the contract. The amount of the advance payment and the payment dates can be stipulated in the contract.
2. if the contractual partner has booked within a period during which a trade fair, a major event or another event is taking place and such an event is postponed after conclusion of the contract for reasons for which Hotel Birkenhof is not responsible, this contract shall apply to the new period if Hotel Birkenhof is able to fulfill the agreed services at this time. Hotel Birkenhof shall inform the contractual partner within a reasonable period whether it is able to fulfill its obligation to perform. If the service is not possible, in particular if the booked rooms for the new period have already been let to third parties, the parties may withdraw from the contract without giving reasons. The assertion of claims against the other party is excluded. This does not apply to services already provided. These are to be refunded or remunerated.
3. the payment claim of Hotel Birkenhof is due immediately upon receipt of the respective invoice without deduction. An invoice is deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless earlier receipt can be proven. The statutory regulations apply in the event of late payment.
4. the issue of a total invoice does not release the customer from the obligation to pay the individual invoices on time. A delay in payment of even just one individual invoice entitles the Hotel Birkenhof to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit of up to 100% of the outstanding payment.
5. a reminder fee of € 10.00 shall be owed for each reminder. Invoices are to be paid immediately in cash or by credit card. The Hotel Birkenhof is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators will only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund of unused services is excluded.
6. the contractual partner may only offset a claim by Hotel Birkenhof if its claim is undisputed or has been legally established. This applies analogously to the exercise of a right of retention due to the contractual partner’s own claims. Claims and other rights may only be assigned with the written consent of Hotel Birkenhof.
7. if the contractual partner uses a credit card for the payment of Birkenhof products with a prepayment obligation (e.g. general orders with prepayment or guaranteed booking) without physically presenting it (e.g. via telephone, Internet or similar), the contractual partner shall not be entitled in relation to Birkenhof to revoke this charge vis-à-vis its credit card company.
1. reservations made by the contractual partner are binding for both contractual partners. In the event of cancellation or reduction by the contracting party, the contracting party shall pay the following compensation:
a) No compensation for damages if the Hotel Birkenhof receives written notice of cancellation or reduction up to (and including) 90 days before the start of the service period
b) Compensation amounting to 50% of the value of the services ordered if the Hotel Birkenhof receives the written cancellation or reduction between 89 and 30 days before the start of the service period
c) Compensation for damages amounting to 70% of the value of the services ordered if the Hotel Birkenhof receives the written cancellation or reduction 29 and 10 days before the start of the service period
d) Compensation for damages amounting to 90% of the value of the services ordered if the Hotel Birkenhof receives the written cancellation or reduction less than 10 days before the start of the service period.
2. the contractual partner is entitled to provide evidence that the damage suffered by Hotel Birkenhof is non-existent or less.
3. if the Hotel Birkenhof is able to provide the canceled service to third parties elsewhere during the agreed period, the contractual partner’s compensation shall be reduced by the amount that these third parties pay for the canceled service, up to a maximum of the total compensation.
1. the Hotel Birkenhof is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) in accordance with the statutory provisions if
a) the contractual partner fails to perform a due service
b) the fulfillment of the contract is impossible due to force majeure, strike or other circumstances for which Hotel Birkenhof is not responsible
c) the contractual partner provides misleading or false information regarding material data
d) the contractual partner uses the name of Hotel Birkenhof in advertising measures without the prior written consent of Hotel Birkenhof
e) rooms that are the subject of the contract are sublet in whole or in part without the written consent of Hotel Birkenhof
f) Hotel Birkenhof has justified cause to believe that the use of the hotel’s services could jeopardize the smooth running of the business, the safety or the public reputation of Hotel Birkenhof.
2. the Hotel Birkenhof must inform the contractual partner of the exercise of the right of withdrawal / termination in writing without delay, at the latest within 14 days of becoming aware of the reason. The cancellation of the contract by Hotel Birkenhof does not justify any claims by the contractual partner for compensation or other compensatory payments. Hotel Birkenhof’s entitlement to compensation for damages incurred and expenses incurred by it remains unaffected in the event of justified termination of the contract.
1. the Hotel Birkenhof shall only be liable for all statutory and contractual claims in the event of intentional or grossly negligent conduct.
2. as an exception, the Hotel Birkenhof is liable for slight negligence in the event of damages,
a) which are based on the breach of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical of the contract
b) due to injury to life, limb or health.
3. the Hotel Birkenhof accepts no liability for consequential or indirect damages.
4. exclusions and limitations of liability apply in the same way in favor of all companies used by Hotel Birkenhof to fulfill its contractual obligations, their subcontractors and vicarious agents. They do not apply if Hotel Birkenhof provides a guarantee for the quality of an item or a work or in the case of fraudulently concealed defects.
5. the contractual partner is obliged to report recognizable defects to the hotel immediately, at the latest upon departure.
6 The statutory provisions of Sections 701 et seq. of the German Civil Code (BGB) shall apply to items brought in by the contractual partner.
7. items left behind by the contractual partner / overnight guest will only be forwarded at the request, risk and expense of the contractual partner. The Hotel Birkenhof will store the items for 12 months and charge an appropriate fee for this. After this period, the items will be handed over to the local lost and found office if they have a recognizable value.
8. all claims of the contractual partner against Hotel Birkenhof arising from or in connection with the contract shall lapse one year after the end of the year in which the claim arose and the contractual partner became aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence.
1. if, in addition to the provision of board and lodging, Hotel Birkenhof’s obligation to provide services consists of the organization of a leisure program as a paid service, this constitutes a so-called package travel contract.
2. the contractual partner may not assert any claims due to changes, deviations or reductions in individual services within the scope of a package travel contract that become necessary after conclusion of the contract if they are merely insignificant.
3If agreed and provided services are not used by the contractual partner, a reduction or refund of the total fee is not possible.
4. Hotel Birkenhof is not liable for damages suffered by the contractual partner as a result of the use of a special service provided by a third party. In this respect, the contractual partner is referred to the enforcement of its claims against the respective organizer of the special service.
1. the place of performance and payment for both parties is the registered office of the Hotel Birkenhof.
2 German law shall apply.
3. place of jurisdiction is Bad Soden-Salmünster.
4. should individual provisions of the contract, including these terms and conditions, be invalid, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the invalid provisions with valid provisions that come as close as possible to the intended purpose and economic meaning. The same applies in the event that there are loopholes in the contract.
Bad Soden-Salmünster, October 2025
