Guest Accommodation Agreement

Legal situation when booking a hotel room

If a hotel room is ordered, confirmed or made available at short notice, a guest accommodation contract has been concluded.

The conclusion of the guest accommodation contract obliges the contractual partners to fulfill their mutual obligations for the entire duration of the contract.
a) The obligation of the innkeeper is to keep the room ready according to the order.
b) The guest's obligation is to pay the price for the time (duration) of booking the hotel room.

If a guest does not use the ordered hotel room, he remains legally obliged to pay the price for the agreed hotel service, regardless of the reason for the hindrance. Only actual savings made by the company have to be deducted.

Experience has shown that the savings for the company amount to
for bed and breakfast 20%,
with half-board agreements 30%,
for full board agreements 40%,
the agreed price.

If the innkeeper can allocate the unused room to someone else, the guest is not obliged to pay the amount of the income otherwise generated for this period.

The innkeeper is entitled to payment for all services before departure and accordingly has a legal right of lien on the guest's belongings.

The place of jurisdiction is the place of business, since even if the room is not used, the services from the guest accommodation contract must be provided at the place of business.