TERMS AND CONDITIONS
General Terms and Conditions – Accommodation Agreement
1. Scope of Application
These General Terms and Conditions define the rights and obligations of the parties within the framework of an accommodation agreement concluded with HOTEL ZOO BERLIN (hereinafter referred to as the “Hotel”) for accommodation services and all related services and deliveries provided by the Hotel to the contractual partner (hereinafter referred to as the “Guest”).
2. Conclusion of Contract and Limitation Periods
2.1 The Guest will receive a booking confirmation via email upon making a reservation.
2.2 If a third party makes a reservation on behalf of the Guest, that third party shall be jointly and severally liable with the Guest to the Hotel.
2.3 The handling of personal data and data processing is addressed in the booking confirmation as well as on the Hotel’s website.
2.4 All claims against the Hotel are subject to statutory limitation periods.
3. Services, Prices, Payment, and Set-Off
3.1 The Hotel is obligated to provide the rooms booked by the Guest as specified in the booking confirmation and to deliver the agreed services.
3.2 The Guest is obligated to pay the agreed or applicable prices of the Hotel for room provision and any additional services utilised. This also applies to services provided by third parties, arranged by or through the Hotel on behalf of the Guest.
3.3 The agreed prices include taxes and local fees applicable at the time of contract conclusion. Local charges for which the Guest is personally responsible under municipal or state law (e.g., the City Tax applicable in Berlin) are not included. Prices will be adjusted accordingly in the event of changes to statutory VAT rates or the introduction, modification, or abolition of local fees after the contract is concluded.
3.4 Hotel invoices are payable immediately upon receipt without deductions. If payment on account is agreed, payment must be made, unless otherwise agreed, within seven days of receipt of the invoice, without deductions. In cases of late payment, the Hotel is entitled to charge a processing fee of €3 per due date, up to a maximum of €9.
3.5 Upon contract conclusion, the Hotel is entitled to request a reasonable advance payment or security deposit (e.g., a credit card guarantee) from the Guest.
3.6 If the Hotel and the Guest agree on a deadline for free cancellation of the contract, the Guest may withdraw from the contract up to that point. Further details are outlined in Section 5.
3.7 In justified cases, the Hotel is entitled to refuse services (e.g., in cases of payment arrears or inappropriate behaviour by the Guest).
3.8 If an agreed advance payment or security deposit is not made within a reasonable period set by the Hotel, the Hotel is entitled to withdraw from the contract.
3.9 The Guest may only offset claims against the Hotel with legally enforceable claims.
3.10 The Guest agrees to receive invoices electronically.
4. Group Bookings
For group bookings, the following applies:
4.1 Prices published online do not apply to group bookings, i.e., bookings for 10 rooms/suites or more with the same or similar arrival and departure dates. For such reservations classified as group bookings, the Hotel reserves the right to contact the Guest regarding special conditions and prices. The Hotel also reserves the right to reject or cancel such reservations if the Guest does not accept the applicable booking terms and conditions. This provision excludes “negotiated rates” (i.e., rates specifically agreed upon between the Hotel and the Guest).
4.2 As part of group bookings, the Hotel may make its consent to the Guest’s requested reduction in the number of booked rooms, the Hotel’s services, or the Guest’s length of stay conditional upon an appropriate increase in the price for the rooms and/or other services provided by the Hotel.
4.3 For group bookings, the Guest’s withdrawal from the contract with the Hotel is subject to the Hotel’s written consent if the service is no longer cancellable. If the Hotel does not agree, the Guest remains obligated to pay for the agreed-upon services.
4.4 Additionally, the provisions outlined in Section 3 apply.
5. Cancellation and No-Show
5.1 If the Hotel and the Guest agree on a deadline for free cancellation of the contract, the Guest may withdraw from the contract before the agreed deadline without triggering any claims for damages by the Hotel. Cancellation conditions may be tiered, meaning that depending on the time of cancellation, the Guest may be required to pay corresponding fees. The Guest’s right to cancel expires if not exercised in writing by the agreed deadline.
5.2 The timeliness of the cancellation notice is determined by when the Hotel receives it. The Guest must declare their withdrawal in text form (as per Section 126b BGB).
5.3 If no cancellation right is agreed or if it has already expired, the Hotel retains the right to the agreed remuneration even if the Guest does not use the service. The Hotel must offset any savings. This does not apply to the City Tax.
5.4 For non-cancellable rates, prepayments made in advance will not be refunded.
5.5 Guests who depart before the agreed departure date will be charged for accommodation up to the originally agreed departure date.
5.6 In the event of a justified withdrawal by the Hotel, the Guest is not entitled to any claims for damages.
6. Room Provision, Takeover, and Return
6.1 The Guest has no entitlement to the provision of specific rooms unless expressly agreed in writing. Specific rooms may be booked for an appropriate surcharge.
6.2 Booked rooms are available to the Guest from 3:00 PM on the agreed arrival date. The Guest is not entitled to earlier access.
6.3 On the agreed departure date, rooms must be vacated and made available to the Hotel by 12:00 noon at the latest. After this time, the Hotel may charge a reasonable fee for the room’s use beyond the contractual agreement.
6.4 The Hotel provides Wi-Fi access, allowing the Guest to connect to the internet. The Guest is obliged to ensure that the Hotel’s IT resources are not used for illegal purposes or for reproducing, displaying, making available, or publicly performing works or objects protected by copyright or related rights (e.g., texts, images, photographs, etc.) without the copyright owner’s consent where required. The Guest agrees to comply with the terms and conditions of the Hotel’s Wi-Fi provider.
7. Hotel Liability
7.1 The Hotel is liable for damages resulting from injury to life, body, or health caused by its actions in accordance with statutory provisions. Furthermore, the Hotel is liable for other damages caused by willful or grossly negligent breaches of obligations related to typical contractual duties. In such cases, liability is limited to foreseeable damages typical to the contract. Typical contractual duties are those that enable the proper performance of the agreement and on which the Guest can rely.
7.2 The Guest is obligated to contribute reasonably to remedy disruptions and minimise potential damages. If the Guest culpably fails to report a defect to the Hotel, there will be no claim for a reduction in the agreed contractual fee.
7.3 The Hotel is liable for items brought in by the Guest under statutory provisions (§§ 701 ff. BGB). The Hotel recommends using the in-room safe for storage.
7.4 If a parking space is provided to the Guest, even for a fee, no safekeeping agreement is established. The Hotel is not liable for the loss or damage of vehicles parked or manoeuvred on the Hotel’s property or their contents, except in cases of intent or gross negligence.
7.5 Lost property is stored by the Hotel for six months, and a reasonable fee is charged for its retrieval. After this period, the Hotel is entitled to dispose of the items.
7.6 The Hotel assumes no liability and provides no compensation if the fulfilment of its obligations under the accommodation agreement is directly or indirectly hindered or impaired by force majeure or other circumstances beyond the Hotel’s control, including water ingress, terrorist acts, fire, natural disasters, power, gas, or water outages, or other unforeseen events or pandemics.
8. Website Information
The Hotel has made all reasonable efforts to ensure the accuracy of the information on its website. However, the Hotel assumes no responsibility for errors or omissions. The Hotel reserves the right to change or remove non-binding information and offers on the website at any time without prior notice. Only the services confirmed as part of a booking are binding.
The content of the Hotel’s website is protected by copyright and may not be copied, reproduced, published, distributed, or altered for other purposes without prior consent.
Hyperlinks to third-party websites are provided for convenience, and the Hotel assumes no responsibility for the content or use of such websites.
9. Miscellaneous
9.1 The Guest accepts the Hotel’s house rules. A reasonable compensation fee (e.g., for cleaning curtains and fabric covers) will be charged for violations of the no-smoking policy. Further details are outlined in the house rules.
9.2 To maintain a peaceful environment for all guests, parties of any kind are not permitted in Hotel rooms. Noise complaints are taken very seriously.
9.3 A maximum of two persons is allowed in any Hotel room, regardless of category.
9.4 If the Guest provides false information, refuses to disclose essential details, or if their identity, payment ability, or purpose of stay cannot be verified, the Hotel reserves the extraordinary right to withdraw from the agreement. This also applies to violations under clauses 9.2 and 9.3.
10. Final Provisions
10.1 The Hotel may amend these General Terms and Conditions at any time.
10.2 Changes and additions to the agreement or these General Terms and Conditions must be made in text form. Unilateral changes or additions by the Guest are invalid.
10.3 The place of performance and payment is the Hotel’s location.
10.4 The jurisdiction is the Hotel’s location, especially if the Hotel’s contractual partner has no general jurisdiction within Germany.
10.5 German law applies.
10.6 If individual provisions of these General Terms and Conditions are or become invalid or void, the validity of the remaining provisions shall not be affected. Statutory provisions apply otherwise.
EFFECTIVE: January 2025
EVENTS
1. General Provisions
1.1 These general terms and conditions apply to the hire of conference, banquet, and exhibition rooms, as well as the provision of other supplies and services.
The reservation of conference, banquet, and exhibition rooms, as well as the provision of other supplies and services, becomes binding for Hotel Zoo Berlin (hereinafter referred to as the “Hotel”) and the organiser as soon as the organiser signs a copy of the order confirmation and returns it to the Hotel within the specified deadline in the order confirmation. These general terms and conditions are recognised as binding and form part of the contract.
1.2 If the person executing the event is not the organiser themselves or if the organiser engages a commercial intermediary or agent, the organiser and the third party shall be jointly and severally liable for all obligations arising from the contract. Regardless of this, the organiser is obliged to forward all booking-relevant information, particularly these general terms and conditions, to the third party.
1.3 The organiser’s general terms and conditions shall only apply if they have been expressly agreed upon in writing in advance.
1.4 If the contract is not concluded within the period specified in the order confirmation, the Hotel reserves the right to let the reserved premises to other parties.
1.5 The subletting or re-letting of the provided rooms and spaces requires the prior written consent of the Hotel. Section 540(1), sentence 2 of the German Civil Code (BGB) is excluded unless the organiser is a consumer.
1.6 Should room bookings also form part of the contract alongside event rooms, the general terms and conditions for accommodation contracts shall apply to the provision of the rooms.
2. Pricing Regulations
2.1 The hire fee for event rooms and the costs for other supplies and services are agreed upon when arranging the event and are specified in the order confirmation.
2.2 If the Hotel provides services beyond the agreed event conditions due to the organiser’s request or conduct, additional hire fees and service charges will become payable based on individual documentation.
2.3 In the event of an increase in value-added tax (VAT), the Hotel reserves the right to adjust the gross amount accordingly.
3. Purpose and Services
All services provided by the Hotel may only be used for the purpose agreed upon in the contract. All services available to the organiser are conclusively described in the written agreements.
4. Organiser’s Liability
The organiser shall be liable to the Hotel for payment of any additional services utilised by event participants, as well as for compensation for losses and damages caused by employees, assistants, or event participants, without requiring proof of fault.
5. Service Modifications
5.1 The Hotel is entitled to replace agreed services with equivalent services. Equivalent services are those that essentially provide the same value, quality, and benefit to the organiser as the originally agreed services in terms of the offered service, quality, price level, and, where applicable, the booked room category.
5.2 The allocation of rooms is at the Hotel’s discretion—unless explicitly specified in the contract—and depends on the number of participants and availability. Relevant provisions regarding a reduction in the number of participants can be found in the contract.
5.3 If the agreed start or end times of the event are altered and the Hotel agrees to such deviations, the Hotel may charge for the additional services accordingly, unless the Hotel is at fault. Extending the availability of event spaces beyond the contractually agreed duration is only possible depending on room availability (e.g., if the event space is subsequently hired out, a change in the event’s end time is not feasible).
6. Cancellations
6.1 Cancellation deadlines are determined by the contractual agreement.
6.2 If the hired spaces are cancelled within the timeframes specified under section 6.1, the organiser is liable for the amount due according to the cancellation conditions.
6.3 All special services (services from third parties booked by the Hotel on behalf of the organiser) are 100% payable regardless of the time of cancellation.
6.4 The organiser reserves the right to prove lesser damages or lower expenditures on the part of the Hotel.
7. Termination
7.1 If the Hotel and the organiser have agreed in writing on a deadline for a free cancellation of the contract, the organiser may withdraw from the contract without triggering payment or damage claims from the Hotel, provided the withdrawal occurs within the agreed period. The organiser’s right of withdrawal expires if it is not exercised in writing to the Hotel by the agreed deadline. The receipt date of the written withdrawal/cancellation notice at the Hotel is decisive. The date and local time in Berlin (Germany) are binding.
7.2 If it has been contractually agreed that the organiser may withdraw or cancel the contract within a certain period free of charge, the Hotel is similarly entitled to withdraw from the contract within this period if it receives inquiries from other organisers for the event spaces booked under the contract.
7.3 If an agreed or required advance payment or security deposit (see section 12) is not made, even after a reasonable grace period set by the Hotel, the Hotel is entitled to withdraw from the contract.
7.4 The Hotel reserves the right to withdraw from the contract for good cause, such as:
a. An agreed advance payment is not made, even after a reminder.
b. Force majeure or other circumstances beyond the Hotel’s control make it impossible to fulfil the contract.
c. Event spaces are booked under misleading or false information regarding essential facts (e.g., the identity of persons or the purpose of the event).
d. There is justified reason to believe that the use of the Hotel’s services could jeopardise the smooth operation, safety, or public reputation of the Hotel without being attributable to the Hotel’s domain or organisational scope.
7.5 In the event of withdrawal by the Hotel for good cause, no claim for damages arises on the part of the organiser. The Hotel’s claims for damages remain unaffected.
8. Liability / Limitation
8.1 The Hotel is liable according to statutory provisions but not for loss, theft, or damage to items brought into the Hotel, including valuables, unless the loss or damage was caused by gross negligence or wilful misconduct on the part of the Hotel or its employees. Organisers and participants are responsible for safeguarding their valuables and personal belongings. This limitation of liability does not apply to damages resulting from injury to life, body, or health if the Hotel is responsible for the breach of duty. To the extent permitted by law, the Hotel excludes liability for slight negligence, especially for indirect and consequential damages.
8.2 The organiser is liable to the Hotel for the payment of any additional services used by participants beyond section 2.1 and for losses or damages caused by employees, assistants, or participants, without requiring proof of fault.
8.3 The organiser is also liable for all damages to the building or inventory caused by event participants, visitors, employees, other third parties within their scope, or themselves.
8.4 If rooms or suites are part of the event, defects or damages must be reported to reception immediately. The organiser is obliged to return the room/suite in proper and original condition. Compensation must be paid for any damages or theft of Hotel property.
8.5 The use of the organiser’s own electrical equipment with the Hotel’s power network requires approval. The organiser is liable for any disruptions or damages to the Hotel’s technical equipment caused by their own equipment unless the Hotel is responsible.
8.6 If disruptions or defects occur in the Hotel’s services, the Hotel will endeavour to remedy them promptly upon notification. The organiser must contribute reasonably to resolving the disruption and minimising potential damages. The organiser must notify the Hotel in a timely manner of the potential for significant damages.
8.7 The Hotel is not liable for damages caused by improper use of the premises or equipment by the organiser.
8.8 All claims against the Hotel are subject to a limitation period of one year from the statutory start of the limitation period. Claims for damages involving injury to life, body, health, or freedom are subject to a three-year limitation period. These reductions do not apply to intentional or grossly negligent breaches by the Hotel.
9. Decorations, Exhibition Materials, and Other Items / Required Permits
9.1 Decorations or other materials may not be attached without the Hotel’s prior consent.
9.2 The organiser guarantees that all materials comply with fire safety regulations. The Hotel may request corresponding evidence or certification.
9.3 Delivery, setup, dismantling, and removal of exhibition items are the organiser’s responsibility and at their sole risk. Design and decoration details must be coordinated with the Hotel at least one week prior to the event.
9.4 Insurance for exhibition or other items is the organiser’s sole responsibility. The Hotel may request proof of such insurance.
9.5 Items brought into the Hotel must be removed immediately after the event. If the organiser fails to do so, the Hotel is entitled to remove and store them at the organiser’s expense. If the items remain in the event space, the Hotel may charge an appropriate usage fee. The organiser may provide evidence that these claims did not arise or are lower than stated.
9.6 The organiser is responsible for obtaining all necessary permits for the event at their own expense and for complying with those permits and all public legal regulations.
10. Third-Party Services
If the Hotel procures technical or other services from third parties on behalf of the organiser, it does so in the name of and for the account of the organiser. The organiser is liable for the proper handling and return of these items and indemnifies the Hotel from any claims by third parties arising from their use. The organiser may not request auxiliary personnel from the Hotel for transporting or setting up goods brought in by themselves or third parties.
11. Food and Beverages
The bringing of food and beverages requires prior consent from the Hotel. If consent is granted, an appropriate plate or corkage fee will be charged.
12. Payments, Security Deposits, Default, and Offsetting
12.1 Upon conclusion of the contract, the Hotel is entitled to request an advance payment or security deposit from the organiser in the form of a credit card guarantee, down payment, or similar. The amount and payment deadlines will be specified in the contract.
12.2 In justified cases, such as late payments or an extension of the contract’s scope, the Hotel is entitled to request additional advance payments or security deposits, even after the contract has been concluded and before the event begins.
12.3 All fees and advance payments are payable immediately upon invoicing unless otherwise agreed.
12.4 The organiser may only offset claims against the Hotel with undisputed or legally established claims.
13. Place of Performance and Jurisdiction
If the organiser is a merchant, the place of performance and jurisdiction is agreed as Berlin, Germany.
14. Miscellaneous
14.1 The organiser agrees to comply with the house rules. The Hotel is a non-smoking property. A compensation fee will be charged for smoking indoors.
14.2 Lost or left-behind items will be stored by the Hotel for six months, with a reasonable fee charged upon retrieval. After this period, the Hotel reserves the right to dispose of the items. Upon request, lost items can be forwarded at the organiser’s expense and risk.
15. Final Provisions
15.1 Changes or additions to the contract, acceptance of the application, or these general terms and conditions must be made in writing. Unilateral changes or additions by the organiser are invalid.
15.2 German law applies.
15.3 If any provision of these terms and conditions is invalid or unenforceable, the remaining provisions shall remain unaffected. Invalid provisions will be replaced by valid ones that closely match the intended purpose.
Effective: January 2025