4. Repudiation by Customer (Cancellation, Annulment)/Failure to Use Hotel Services (No Show)
- Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services. This shall not apply with the breach of obligation of the hotel to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
- To the extent the hotel and customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis the hotel by the agreed date, insofar as no case pursuant to Item IV. Nr. 1, sentence 3 supra exists.
- If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses.
- At its discretion, the hotel may demand the contractually agreed compensation and to make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90 % of the contractually agreed rate for lodging with or without breakfast, 70 % for room and half-board, and 60 % for room and full-board arrangements.
The customer is at liberty to show that the claim mentioned above was not created or not created in the amount demanded.