General Terms and Conditions of BoxHotel GmbH (as of October 2019)

I. Scope  

1. These Terms and Conditions apply to all contracts regarding

(a) the rental provision of hotel rooms for accommodation purposes and all related services and deliveries (hereinafter “Accommodation Agreement”) provided by the respective BoxHotel (hereinafter “Hotel”).

2. These Terms and Conditions apply exclusively. Any differing or opposing terms and conditions shall not be recognized unless explicitly agreed upon in writing beforehand. Special contractual arrangements between the Hotel and the customer take precedence.

II. Conclusion of Contract – Contracting Parties

1. The contract is concluded upon the Hotel’s acceptance of the customer’s booking request. The Hotel is free to confirm the room or event booking in text form or by email.

2. Contractual parties are the Hotel and the customer using the Hotel’s services. If a third party makes a booking on behalf of the customer, that third party is jointly liable with the customer for all obligations arising from the contract.

III. Services, Prices, Payment

1. The Hotel is obligated to provide the booked rooms and agreed services. Unless otherwise agreed, there is no entitlement to a specific room.

2. The customer is obliged to pay the applicable or agreed prices for the room and any other services used.

3. In the event of a no-show on the agreed arrival date, the full amount of the stay will be retained, and the guest loses all rights to the room. BoxHotel reserves the right to cancel any reservation at any time.

4. The agreed prices include applicable taxes and local charges at the time of contract conclusion. Local taxes owed by the customer personally (e.g., tourist tax) are not included. In case of changes to VAT or local charges after contract conclusion, the prices will be adjusted accordingly.

5. The Hotel is entitled to demand a reasonable advance payment at the time of contract conclusion. Amount and due date can be agreed in text form.

6. The Hotel may make its consent to a subsequent reduction in the number of booked rooms, services, or stay duration conditional upon an increase in the room price or other service prices.

7. The total invoice amount for accommodation agreements is due before the customer’s arrival. Any requested prepayments must be made by the date specified by the Hotel.

8. Other invoices are payable without deduction within ten days of receipt unless otherwise stated. The Hotel may demand immediate payment of due amounts at any time.

9. In case of delayed payment, the Hotel is entitled to charge default interest of currently 8% above the base rate (or 5% if a consumer is involved). The Hotel reserves the right to claim further damages. The Hotel is also entitled to suspend all future services if prior payment reminders are ignored.

10. Acceptance and selection of credit cards is at the discretion of the Hotel in each individual case—even if general acceptance is advertised. Acceptance of checks, credit cards, or other payment instruments is for performance purposes only.

IV. Right of Set-Off

The customer may only set off claims against the Hotel’s claims if they are undisputed or legally established.

V. Hotel’s Right of Withdrawal

1. If a free cancellation right within a defined period is agreed upon in writing, the Hotel may withdraw from the contract within that period if there are inquiries from other customers for the same room(s) and the customer does not waive their cancellation right upon request.

2. If an agreed or required advance payment or security is not provided even after a reasonable grace period, the Hotel is entitled to withdraw from the contract.

3. The Hotel may also withdraw from the contract for justifiable reasons, including but not limited to:

– Force majeure or circumstances beyond the Hotel’s control that make contract performance impossible.
– Booking made under misleading or false information (e.g., customer identity or purpose of stay).
– Concerns about customer identity, financial solvency, or the purpose of stay.
– Reasonable grounds to believe that the use of hotel services could disrupt operations, pose security risks, or damage the Hotel’s reputation.
– Illegal purpose of the stay or event.
– Unauthorized transfer of room use to a third party.

4. In case of a justified withdrawal, the customer is not entitled to compensation.

VI. Customer’s Right of Withdrawal

1. The customer may only withdraw from the Accommodation Agreement if a cancellation right was explicitly agreed in the contract, a statutory right of withdrawal exists, or if the Hotel explicitly consents. Such agreements should be in text form.

2. If a cancellation deadline was agreed, the customer may cancel free of charge before that deadline. The cancellation right expires if not exercised by the agreed time.

3. If no cancellation right exists, has expired, or the Hotel does not agree to cancellation, the Hotel retains the right to full payment even if the customer does not use the service. The Hotel must deduct income from other rentals and saved expenses. If the room cannot be rebooked, the Hotel may charge 100% of the agreed accommodation price. The customer may provide proof that the Hotel suffered no or lesser damage.

VIII. Room Availability and Return

1. Unless otherwise agreed, the customer has no right to a specific room.

2. Booked rooms are available from 3:00 p.m. on the agreed arrival date. Early access is not guaranteed without separate agreement.

3. On the departure date, rooms must be vacated by 11:00 a.m. After that time, the Hotel may charge 100% of the room rate for the following night due to delayed check-out. This does not give rise to contractual claims, and the Hotel reserves the right to claim further damages.

XIV. Hotel Liability

1. Claims for damages by the customer are excluded, except for:

– Injury to life, body, or health,
– Violation of essential contractual obligations (cardinal duties),
– Other damages caused by gross negligence or intent on the part of the Hotel or its legal representatives or vicarious agents.

For breaches of essential obligations due to simple negligence, the Hotel is liable only for foreseeable, typical contractual damages—unless life, body, or health are affected.

These limitations also apply in favor of the Hotel’s legal representatives and agents.

2. The Hotel is liable for belongings brought in by the guest according to statutory provisions.

XI Right of Refusal / Expulsion

The Hotel may refuse entry or accommodation to guests if there is justified concern at arrival that the guest is under the influence of drugs or alcohol, or behaves aggressively toward staff or other guests. The Hotel may expel a guest and terminate the contract without notice if the guest repeatedly disturbs the peace, harasses, or insults others.

XVI.  Final Provisions

1. Changes and additions to the contract, booking confirmation, or these GTC must be made in text form. Unilateral changes by the customer are invalid.

2. Place of performance and payment, in commercial transactions, is the Hotel’s registered location.

3. In commercial dealings, the exclusive jurisdiction for check-related disputes is Hanover. However, the Hotel may also sue at the customer’s place of residence or the Hotel’s location. The same applies if the customer has no general jurisdiction in Germany under § 38(2) ZPO.

4. German law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law provisions are excluded.

Hanover, October 2019