General Terms and Conditions for the Hotel Accommodation Contract for Hotel VITA Berlin of Verein fuer Integrative Therapeutische Angebote – VITA e.V. Berlin
I. Scope
- These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation and to all other services and deliveries provided to the customer by Hotel VITA Berlin of Verein fuer Integrative Therapeutische Angebote – VITA e.V. Berlin, hereinafter referred to as Hotel VITA Berlin. The term “hotel accommodation contract” includes and replaces the terms accommodation contract, guest accommodation contract, hotel contract and hotel room contract.
- The subletting or further letting of the rooms provided, as well as their use for purposes other than accommodation, requires the prior consent of Hotel VITA Berlin in text form; Section 540 (1) sentence 2 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 text form in advance.
- Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of Sections 13 and 14 BGB.
II. Conclusion of Contract, Contracting Parties; Limitation
- The contract is concluded when Hotel VITA Berlin accepts the customer’s application. If Hotel VITA Berlin makes a binding offer to the customer, the contract is concluded when the customer accepts the hotel’s offer. The room booking should be confirmed in text form.
- The contracting parties are Hotel VITA Berlin and the customer. If a third party has ordered on behalf of the customer, the customer and the third party shall be jointly and severally liable to Hotel VITA Berlin for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
- All claims of the customer or third party against Hotel VITA Berlin generally become time-barred one year after the start of the regular limitation period based on knowledge within the meaning of Section 199 (1) BGB. Claims for damages against Hotel VITA Berlin become time-barred no later than three years from knowledge and no later than ten years from the breach of duty, irrespective of knowledge. These shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by Hotel VITA Berlin or its vicarious agents. In the case of negligently caused property damage and financial loss, the shortened limitation periods do not apply if an essential contractual obligation is breached. Essential contractual obligations are obligations whose fulfilment shapes the contract and on which the customer may rely.
III. Services, Prices, Payment, Set-off
- Hotel VITA Berlin is obliged to keep the rooms booked by the customer available and to provide the agreed services.
- The customer is obliged to pay the applicable or agreed prices of Hotel VITA Berlin for the room provision and any other services used. This also applies to services and expenses of Hotel VITA Berlin to third parties caused by the customer.
- The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Local charges owed personally by the guest under the respective municipal law, such as city tax, are not included. If statutory VAT changes or local charges on the service item are introduced, changed or abolished after conclusion of the contract, prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between conclusion and fulfilment of the contract exceeds four months.
- Prices may be changed by Hotel VITA Berlin if the customer subsequently requests changes to the number of booked rooms, the hotel’s services or the customer’s length of stay and Hotel VITA Berlin agrees.
- Invoices from Hotel VITA Berlin without a due date are payable within ten calendar days of receipt without deduction. Hotel VITA Berlin is entitled to make accrued claims due at any time and demand immediate payment. In the event of default, Hotel VITA Berlin may charge the applicable statutory default interest, currently nine percentage points above the base rate or, for legal transactions involving a consumer, five percentage points above the base rate. The hotel may also charge a fee of EUR 5.00 per reminder. The hotel reserves the right to prove and claim higher damages.
- In justified cases, for example if the customer is in arrears or the scope of the contract is extended, Hotel VITA Berlin is entitled, even after conclusion of the contract, to demand an advance payment or security deposit up to the full agreed remuneration.
- The customer may set off only undisputed or legally established claims against a claim of Hotel VITA Berlin.
IV. Withdrawal by the Customer, Cancellation, Non-use of Hotel VITA Berlin Services (No-show)
- The customer may withdraw from the contract concluded with Hotel VITA Berlin only if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists, or Hotel VITA Berlin expressly agrees in writing to cancel the contract.
- If Hotel VITA Berlin and the customer have agreed on a deadline for free withdrawal from the contract, the customer may withdraw until that date without triggering payment or compensation claims by Hotel VITA Berlin. The customer’s right of withdrawal expires if the customer does not exercise it in text form by the agreed date.
- If no right of withdrawal has been agreed or it has already expired, if there is no statutory right of withdrawal or termination and Hotel VITA Berlin does not agree to cancel the contract, Hotel VITA Berlin retains its claim to the agreed remuneration despite non-use of the service. Hotel VITA Berlin must offset income from other room rentals and saved expenses. If the rooms are not rented otherwise, Hotel VITA Berlin may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 100 percent of the contractually agreed price for overnight accommodation with or without breakfast. The customer is free to prove that the claim did not arise or did not arise in the amount claimed.
- If Hotel VITA Berlin calculates 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 expenses saved by Hotel VITA Berlin and what Hotel VITA Berlin earns through other use of the hotel services.
- The above compensation provisions apply accordingly if the guest does not use the booked room or services without giving timely notice (no-show).
V. Withdrawal by Hotel VITA Berlin
- If a free right of withdrawal for the customer within a specified period has been agreed in writing, Hotel VITA Berlin is likewise entitled to withdraw from the contract free of charge during this period if other customers request the contractually booked rooms and the customer does not waive the right of withdrawal within two weeks after inquiry by the hotel. If the customer lets this period pass without response, Hotel VITA Berlin is entitled to withdraw.
- If an agreed advance payment or security deposit requested under III.6 is not made even after a reasonable grace period set by Hotel VITA Berlin has expired, Hotel VITA Berlin is also entitled to withdraw from the contract.
- Hotel VITA Berlin is also entitled to withdraw extraordinarily from the contract for objectively justified reasons, in particular if:
- force majeure or other circumstances beyond the control of Hotel VITA Berlin make fulfilment of the contract impossible;
- rooms are booked culpably under misleading or false information or concealment of essential facts, for example regarding the customer, solvency or purpose of stay;
- Hotel VITA Berlin has justified reason to believe that use of the hotel service may jeopardise smooth business operations, safety or the reputation of Hotel VITA Berlin in public, without this being attributable to the hotel’s sphere of control or organisation;
- there is a breach of I.2.
- In the event of justified withdrawal by Hotel VITA Berlin, the customer has no claim for damages.
VI. Room Availability, Handover and Return
- The customer does not acquire a right to the provision of specific rooms unless expressly agreed.
- Booked rooms are available to the customer from 14:00 at the earliest on the agreed arrival date. The customer has no right to earlier availability.
- On the agreed departure date, rooms must be vacated and made available to Hotel VITA Berlin by 10:00 at the latest. After this time, in the event of late vacating, Hotel VITA Berlin may charge 50 percent of the current daily room rate for use beyond the contract until 18:00 and 100 percent from 18:00. This does not establish contractual claims for the customer. The customer is free to prove that Hotel VITA Berlin has no or a significantly lower claim to usage fees. Hotel VITA Berlin also reserves the right to prove and claim higher damages.
VII. Liability of Hotel VITA Berlin
- For damages caused intentionally or through gross negligence, Hotel VITA Berlin is liable, including for its vicarious agents, in accordance with statutory provisions. The same applies to negligently caused damages resulting from injury to life, body or health. For negligently caused property damage and financial loss, Hotel VITA Berlin and its vicarious agents are liable only in the event of breach of an essential contractual obligation, limited in amount to foreseeable and typical contractual damages at the time of conclusion of the contract. If disruptions or defects occur in the services of Hotel VITA Berlin, the hotel will endeavour to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and keep possible damage low, and to notify the hotel immediately of all disruptions or damages.
- For items brought into the hotel, Hotel VITA Berlin is liable to the customer in accordance with Sections 701 et seq. BGB, up to a maximum amount of EUR 3,500.00. For money, securities and valuables, the amount of EUR 800.00 replaces EUR 3,500.00. If the guest wishes to bring in money, securities and valuables worth more than EUR 800.00 or other items worth more than EUR 3,500.00, a separate safekeeping agreement with Hotel VITA Berlin is required. Storage in the room safe is generally recommended. Further liability of the hotel is governed by VII.1.
VIII. No Participation in Out-of-court Dispute Resolution
Hotel VITA Berlin, an institution of VITA e.V. Berlin, does not participate in out-of-court dispute resolution proceedings under the German Consumer Dispute Resolution Act (VSBG) for civil disputes arising from this contract.
IX. Final Provisions
- Changes or additions to the contract, acceptance of the application or these general terms and conditions for the hotel accommodation contract should be made in text form. Unilateral changes or additions by the customer are invalid.
- The place of performance and payment is the registered office of Hotel VITA Berlin.
- The exclusive place of jurisdiction is Berlin. If a contractual partner fulfils the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Hotel VITA Berlin.
- German law applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules is excluded.
- If individual provisions of these general terms and conditions for the hotel accommodation contract are or become invalid or void, the validity of the remaining provisions shall not be affected. Otherwise, statutory provisions apply.
Version: January 2026
