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.

General Terms and Conditions (GTC) for Hotel Accommodation / Events

1. Scope of Application
1.1. These Terms and Conditions apply to contracts for the temporary rental of hotel rooms for accommodation, the provision of conference, banquet and exhibition rooms and areas in the restaurant, as well as all other services and deliveries provided to the customer in this context by Merfelder Hof Hotel GmbH. The term “hotel accommodation contract” includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel and hotel room contract.

1.2. The subletting or re-letting of the provided rooms as well as their use for purposes other than accommodation, and the subletting or re-letting of conference, banquet and exhibition spaces in the restaurant, require prior written consent from Merfelder Hof Hotel GmbH. Section 540 paragraph 1 sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer.

1.3. General Terms and Conditions of the customer apply only if expressly agreed in writing in advance.

1.4. The term “customer” refers to both consumers and entrepreneurs within the meaning of §§ 13, 14 BGB.

2. Contract Conclusion, Contractual Partners, Limitation Period
2.1. The contractual partners are Merfelder Hof Hotel GmbH and the customer. The contract is concluded upon acceptance of the customer's request by Merfelder Hof Hotel GmbH, regardless of whether the request is made orally, by telephone, or in writing. Merfelder Hof Hotel GmbH is free to confirm the room booking in writing. The hotel accommodation contract also applies to all participants listed in the registration, for whom the registrant is liable as for their own obligations.

2.2. All claims against Merfelder Hof Hotel GmbH are subject to a limitation period of one year from the statutory start of the limitation period. This does not apply to claims for damages and other claims based on intentional or grossly negligent breaches of duty by Merfelder Hof Hotel GmbH.

3. Services, Prices, Payment, Set-off
3.1. Merfelder Hof Hotel GmbH is obligated to provide the rooms, spaces, and areas booked by the customer and to render the agreed services.

3.2. The customer is obligated to pay the agreed or applicable prices of Merfelder Hof Hotel GmbH for the provision and any additional services used. This includes services provided by third parties and paid by the hotel on behalf of the customer.

3.3. The agreed prices include applicable taxes and local charges at the time of contract conclusion. Local charges payable directly by the guest, such as tourist tax, are not included. In the event of changes to VAT or the introduction, change, or abolition of local charges after the contract is concluded, prices shall be adjusted accordingly.

3.4. Merfelder Hof Hotel GmbH may make its consent to a requested reduction in the number of booked rooms, hotel services, or stay duration conditional on an increase in the price per unit.

3.5. Invoices without a due date are payable within ten days of receipt without deduction. The hotel may demand immediate payment of due claims at any time. If payment on account has been agreed in writing, payment is due within 7 days of receipt without deduction. In case of payment default, Merfelder Hof Hotel GmbH may charge the statutory default interest of 5 percentage points above the base rate and a reminder fee of €10 for the first reminder. If no payment is received within 7 days after the first reminder, the case is handed over to the legal department, potentially incurring higher costs for the debtor. The hotel reserves the right to prove and claim a higher damage.

3.6. Merfelder Hof Hotel GmbH is entitled to request an appropriate advance payment or security deposit at the time of contract conclusion. The amount and payment terms may be agreed in writing. Statutory regulations for package travel remain unaffected. In the event of payment default, statutory provisions apply.

3.7. In justified cases (e.g. customer default or contract expansion), the hotel may demand a higher advance payment or security deposit even after contract conclusion and before the stay.

3.8. The hotel may also demand a reasonable advance payment or security deposit at the beginning or during the stay for current or future claims, if not already provided.

3.9. The customer may only offset or reduce payments with undisputed or legally binding claims.

4. Withdrawal by the Customer (Cancellation, No-show)
4.1. The customer may only withdraw if this right has been expressly agreed, a legal right of withdrawal exists, or the hotel agrees to contract cancellation. Any agreement should be in writing.

4.2. If a deadline for free cancellation has been agreed, the customer may withdraw until then without incurring claims for payment or damages. This right expires if not exercised by the deadline.

4.3. Without a cancellation right or consent, the agreed payment remains due even if services are not used.

4.4. Cancellation Policy:

Individual Guests up to 9 Persons

• Non-refundable rate: No cancellation possible; full payment due upon booking.
• “Merfelder Hof Rate”:
  • Free cancellation up to 10 days before arrival.
  • 50% due from day 10 to day 5 before arrival.
  • 80% due from day 4.
  • 100% due on day of arrival.
• Flexible Rate:
  • Free cancellation until 12:00 p.m. local time one day before arrival.

Groups from 10 persons, bus groups, conferences, events and banquets

• Free cancellation up to 30 days before arrival/event.
• 30% due between day 29 and 20.
• 50% due between day 19 and 8.
• 100% due for no-shows or cancellations on the day of arrival/event.
• Partial cancellations are subject to the same conditions.

5. Withdrawal by Merfelder Hof Hotel GmbH
5.1. If the customer has a cancellation right within a deadline, the hotel may also withdraw if there are other inquiries for the same rooms/spaces and the customer does not confirm the booking upon request.

5.2. If an agreed or demanded prepayment/security is not made even after a reasonable grace period, the hotel may withdraw.

5.3. The hotel may also withdraw with cause, particularly if:

• Force majeure or other uncontrollable events make performance impossible.
• Rooms are booked with misleading or false information (e.g. identity, solvency, purpose).
• Use of services could endanger hotel operations, safety, or reputation.
• The stay is unlawful.
• Violation of section 1.2.

5.4. A justified withdrawal does not entitle the customer to compensation.

6. Room/Space Provision, Handover, Return
6.1. The customer has no claim to specific rooms unless agreed in writing.

6.2. Rooms are available from 2:00 p.m. on arrival day.

6.3. Rooms must be vacated by 10:00 a.m. on departure day.

• Use until 12:00 p.m. may be charged at 50% of the full price; after 12:00 p.m., 100%.
• The customer may prove lesser damage.

6.4. Booked spaces are available during agreed times.

6.5. This is a non-smoking hotel. Smoking is prohibited in rooms, windows, hallways, the restaurant, lobby, and public areas. A violation results in a €200 charge. Smoking is allowed on balconies with the door closed.

7. Liability of Merfelder Hof Hotel GmbH
7.1. The hotel is liable for damages to life, body, and health, and for damages from intentional or grossly negligent breaches of duty. The same applies to legal representatives or vicarious agents. Further claims are excluded unless otherwise regulated. In case of defects or disruptions, the hotel will attempt remedy upon knowledge or complaint. The customer must cooperate in mitigating damage.

7.2. Liability for brought-in items is as per legal regulations. Use of hotel or room safe is recommended. Storage of items exceeding €800 in value (money, securities, valuables) or €3,500 (other items) requires a special agreement.

7.3. If parking is provided, no storage contract is concluded. Liability for theft/damage of vehicles or contents on hotel grounds follows section 7.1.

7.4. Wake-up calls are handled with care. Messages, mail, and parcels are treated carefully and forwarded or stored. Liability is per section 7.1.

8. Other Provisions
8.1. Consumption of brought-in food or drinks is not permitted in public areas.

8.2. The guest is liable for damages caused in rooms or spaces during the usage period.

9. Final Provisions
9.1. Changes to the contract, acceptance, or these GTCs must be in writing. Unilateral changes by the customer are invalid.

9.2. Place of performance and payment, and exclusive jurisdiction—also for cheque and bill disputes—is Dülmen, if the customer is a business entity. If a party has no general jurisdiction in Germany, Dülmen shall apply.

9.3. German law applies. UN sales law and conflict-of-law rules are excluded.

9.4. If individual clauses are invalid, the rest remains unaffected. Legal provisions apply otherwise.

Status: 15.02.2024