General Terms and Conditions

I. Scope of application

These Terms and Conditions apply to all contracts concerning
1. the renting of hotel rooms for accommodation as well as all other services and supplies rendered for the guest in this connection (hereinafter referred to as ‘Hotel Accommodation Contract’) by Wilmina Hotel (hereinafter referred to as ‘Hotel’). The term ‘Hotel Accommodation Contract’ embraces and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract and hotel room contract;
2. the renting of Hotel conference, banquet and event rooms for the holding of events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as all other services and supplies rendered by the Hotel for the guest in this connection.
The subletting or onward letting of rented rooms, premises, spaces or display cases, as well as public invitations and the holding of sales or similar events, requires the Hotel’s prior written consent, unless the guest is a consumer.
These Terms and Conditions apply exclusively. Any divergent, contrary or supplementary terms and conditions of the guest shall only become part of the Contract if and to the extent that the Hotel has expressly agreed to their application. This requirement of consent also applies if the guest refers to its own terms and conditions when concluding the Contract and the Hotel does not expressly object, or if the Hotel renders its services without reservation in the knowledge of the guest’s divergent terms. Any standard reference by the guest to its own terms and conditions is hereby expressly rejected. If the Hotel refers to a letter that contains or refers to terms and conditions of the guest or a third party, this does not constitute consent to their application. Individual agreements between the Hotel and the guest take precedence.

II. Conclusion of contract, contracting parties

The Contract enters into force on acceptance of the guest’s request by the Hotel. The Hotel is free to confirm the booking of a room or event in text form or by e-mail.
The Contracting Parties are the Hotel and the guest who makes use of the Hotel’s services. If a third party makes the order on the guest’s behalf, it is jointly and severally liable to the Hotel together with the guest for all obligations arising from the Contract in question. The guest is responsible for ensuring that persons with whom it shares the room, whom it brings into the Hotel or to whom it grants access to the Hotel or the Hotel grounds comply with these Terms and Conditions. The guest is answerable for any fault on the part of these persons as for its own fault.

III. Services, prices & payment

The Hotel undertakes to reserve the rooms booked by the guest and to provide the services requested by the guest and promised by the Hotel, as well as any services agreed with the guest. Unless otherwise agreed, the guest is not entitled to a specific room or, in the case of events, to a room which has already been allocated on organisational grounds.
The Hotel is a NON-SMOKING hotel. Guests who do not comply will be charged EUR 250 per violation for additional cleaning. If cigarette smoke causes a false fire alarm, EUR 2,000 will be charged additionally, plus any costs associated with the deployment of the fire or police services.
The guest undertakes to pay the prevailing or agreed prices of the Hotel for the provision of the rooms and for any other services used by the guest. This also applies to services commissioned by the guest directly or via the Hotel which are provided by third parties and paid in advance by the Hotel. This applies in particular to the claims of copyright collecting societies.
The agreed prices are inclusive of the taxes and local levies prevailing at the time of concluding the Contract. Not included are local levies payable by the guests themselves in line with local ordinances, for instance accommodation tax (City Tax). In the event of changes to the statutory rate of VAT or the introduction, changing or abolition of local levies on the service in question after conclusion of the Contract, the prices will be adjusted accordingly. However, in the case of contracts with consumers this only applies if the period between conclusion and fulfilment of the Contract exceeds four months.
On concluding a contract with a guest the Hotel is entitled to demand a reasonable advance payment or security, for instance in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the Contract. In the case of stays exceeding 5 nights or claims of more than EUR 500 for services already rendered, the Hotel is entitled to issue interim invoices which are payable immediately.
In justified cases, for example in the event of a guest falling into arrears or the broadening of the Contract’s scope, the Hotel is entitled, after conclusion of the Contract and up until the start of the guest’s stay and/or the start of the event, to increase the advance payment or security agreed in the Contract by any amount up to the full agreed remuneration.
Furthermore, at the beginning and during a guest’s stay the Hotel is entitled to demand a reasonable advance payment or security for existing and future claims arising from the Contract, if said advance payment or security has not already been furnished by the guest.
If a guest subsequently wishes to reduce the number of rooms booked, the services of the Hotel or the duration of the stay, the Hotel may make its agreement to said reduction subject to an increase in the price for the rooms and/or other services to be provided by the Hotel.
The total invoice amount in connection with a Hotel Accommodation Contract is payable by the guest at the latest on departure. Any advance payments requested by the Hotel must be made no later than the date specified by the Hotel. The credit card provided at the time of booking or upon arrival serves as a guarantee for the accommodation costs and all other services and costs incurred in the Hotel.
Other Hotel invoices with no due date are payable in full without deduction within ten days of receipt. The Hotel may at any time demand the immediate payment of claims which are already due.
If a guest falls into payment arrears, the Hotel is entitled to charge the prevailing statutory default interest, which is currently 8% or, in the case of transactions involving a consumer, 5% above the base interest rate. The Hotel reserves the right to prove that it has suffered greater loss or damage. Furthermore, the Hotel is entitled to suspend any further and future services for the guest, provided it has previously sent the guest a reminder setting a deadline for payment and has warned that it would suspend future services if payment is not made in time.
In every individual case the Hotel is free to choose whether or not to accept credit cards and which credit cards it is willing to accept, even if its general acceptance of credit cards is advertised on signs displayed in the Hotel. Credit cards and other means of payment are otherwise accepted only on account of performance.
For bookings of 5 or more people or more than 3 rooms, the Hotel must be contacted in advance, as separate policies and additional charges may apply.
At any time during the booking or at the Hotel, the Hotel is entitled to require proof of identity and/or ownership of the payment method provided.

IV. Minors in the hotel

Guests under 18 are only allowed at Wilmina when accompanied by an adult. The adult accompanying person is fully liable for their children and minors.
Guests under the age of 16 are not allowed to stay in the hotel areas outside the room (stairwells, wing, lounge, lounge bar, etc.) without the adult accompanying person. They must be supervised at all times. The adult accompanying person is fully liable for the physical well-being of the children and for any damage caused by the children.

V. Right of offset

The guest may only offset its own claims against the Hotel’s claims if said claims are undisputed or have been established by a final court decision.

VI. Cancellation by the Hotel

If, on conclusion of an individual contract, the guest has been granted in writing a right of cancellation without charge within a given period, the Hotel is likewise entitled to cancel the Contract during that period if other guests make enquiries about the contractually booked rooms or event rooms and, in response to a corresponding request by the Hotel, the guest does not waive its right of cancellation.
If an agreed or demanded advance payment or security is not made or furnished even after the expiry of a reasonable extension period granted by the Hotel, the Hotel is likewise entitled to cancel the Contract.
The Hotel is also entitled to cancel the Contract on objectively justified grounds. Objectively justified grounds are deemed to exist if
1. force majeure or other circumstances beyond the Hotel’s control render fulfilment of the Contract impossible;
2. rooms are booked on the basis of misleading or false information regarding material facts, for instance regarding the identity of the guest or the purpose of the booking;
3. events or rooms are culpably booked on the basis of misleading or false information or the withholding of material facts; material facts may include the guest’s identity, solvency or the purpose of the stay;
4. the Hotel has good reason to believe that providing its services could jeopardise the smooth running, safety or public reputation of the Hotel, in ways not imputable to the Hotel’s sphere of control or organisation;
5. the purpose of or reason for the stay and/or event is unlawful;
6. the guest allows a third party to use the room without the Hotel’s consent.
Pets are not allowed without the consent of the Hotel.
The guest has no right to damages in the event of the legitimate cancellation of the Contract by the Hotel.

VII. Cancellation of a Hotel Accommodation Contract by the guest

The guest is only entitled to cancel a Hotel Accommodation Contract concluded with the Hotel if the Contract expressly provides for a right of cancellation, if there is any other statutory right of cancellation or if the Hotel expressly consents to the rescission of the Contract. Any agreement to a right of cancellation or any consent to the rescission of a contract should be made in text form.
If the Hotel and the guest have agreed a date for cancellation of the Contract free of charge, the guest may cancel the Contract until that date without triggering any right to payment or damages on the Hotel’s part.
If a right of cancellation has not been agreed or has already expired, if there is no statutory right of cancellation or termination and if the Hotel does not consent to the rescission of the Contract, the Hotel retains its right to the agreed remuneration regardless of the non-use of the service.

VIII. Cancellation of events by the guest

The guest is only entitled to cancel an Event Contract concluded with the Hotel if the Contract expressly provides for a right of cancellation, if there is any other statutory right of cancellation or if the Hotel expressly consents to the rescission of the Contract. Any agreement to a right of cancellation or any consent to the rescission of a contract should be made in text form.
If the Hotel and the guest have agreed a date for cancellation of the Contract free of charge, the guest may cancel the Contract until that date without triggering any right to payment or damages on the Hotel’s part. The guest’s right of cancellation is forfeited if it is not exercised vis-à-vis the Hotel by the agreed date.
If a right of cancellation has not been agreed or has already expired, if there is no statutory right of cancellation or termination and if the Hotel does not consent to the rescission of the Contract, the Hotel retains its right to the agreed remuneration regardless of the non-use of the service.

IX. Surrender and return of rooms

Unless expressly agreed, the guest is not granted any entitlement to specific rooms.
Booked rooms are available to the guest from 3:00 p.m. on the agreed day of arrival. Unless specially agreed, the guest is not entitled to occupy rooms at an earlier time.
Unless a later arrival time has been arranged in advance or the room has been paid for in full in advance, the Hotel is entitled to reallocate the booked room after 6:00 p.m. In this case the guest has no right to assert any claim against the Hotel.
On the agreed day of departure the guest must vacate the rooms and make them available to the Hotel by 12 noon at the latest. Thereafter, owing to the late vacation of the room, the Hotel may charge 50% of the full list price of the room for the following night for use beyond the contractual period until 6:00 p.m., and 100% from 6:00 p.m. onwards. This does not give rise to any contractual claims on the part of the guest. The above is without prejudice to the Hotel’s right to assert claims for more extensive loss or damage.
Rooms or event spaces left behind with extraordinary dirt will be charged accordingly (minimum charge of EUR 50).
The Hotel is entitled to refuse a guest admittance to the Hotel or accommodation therein if on the guest’s arrival it has good grounds for believing that the guest is under the influence of drugs or alcohol or behaves in an offensive manner towards hotel staff or other guests. The Hotel is entitled to eject a guest from the Hotel and cancel without notice its existing Contract with that guest if he or she repeatedly disturbs the peace, harasses or insults other guests or hotel staff.

X. Change of event times and additional services

If agreed event start or finish times are postponed and the Hotel agrees to these changes, the Hotel may make a reasonable charge for the additional services made available, unless the Hotel is responsible for the postponement.
If the guest requests changes to the agreed type of seating on the day of the event, the Hotel reserves the right to make a flat-rate charge for the rearrangement.
The guest is obliged to inform the Hotel of the final number of people at least 30 days before the event starts.
If the number of people increases, the actual number of people in attendance will be used as the basis for the invoice. Reductions in the actual number of people compared with the number notified as final will not be taken into account and will not be used as the basis for the invoice.
If the actual number of participants is lower, the Hotel is entitled to bill the guest the difference between the actual number of participants and the maximum permissible reduction in full.
Any costs incurred for services over and above those contractually agreed, such as telephone, bar and mini-bar drinks and additionally ordered food and drinks, must be paid for by each event participant themselves. The guest is jointly and severally liable for any such costs together with the event participant.

XI. Bringing food and drink

The guest may not, as a rule, bring their own food and drink to events. Exceptions require an agreement with the Hotel. In such cases a charge will be made to cover the Hotel’s overhead costs.
No food and drink brought from outside may be consumed in the public areas of the Hotel (such as garden, lounge, terrace, games room etc.).

XII. Prohibition of cannabis consumption on the hotel premises

We exercise our domiciliary rights and prohibit cannabis consumption on the hotel premises.

XIII. Photography, film and sound recordings; intellectual property rights

Consent requirement. Commercial photography, film, video and sound recordings in the Hotel, in the restaurant & bar ‘Lovis’ and on the entire hotel premises, including the garden, terraces and roof areas, require the prior consent of the Hotel in text form. The same applies to drone footage. Commercial recordings include, in particular, recordings for advertising, fashion, product, editorial and catalogue productions, film, television and music video productions and picture agencies, as well as content from paid or otherwise remunerated collaborations (e.g. influencer or brand collaborations). The use of professional equipment, models or a production team indicates commercial use.
Private recordings. Recordings for private purposes remain permitted. The personal rights of other guests and of staff must be respected. Any subsequent commercial exploitation of such recordings requires the prior consent of the Hotel.
Scope of consent. The Hotel may make its consent subject to conditions, in particular the conclusion of a location agreement, the specification of the intended use, the products or brands advertised, the media, territory and duration, and approval of the material prior to publication. Consent applies only to the agreed extent. Any use beyond this is deemed use without consent. The name, trade marks and logos of the Hotel may only be mentioned or shown if this has been expressly agreed. The same applies to creating the impression that the Hotel endorses a product or collaborates with the advertiser.
Prohibited recordings and uses. The following are prohibited, even where consent has otherwise been given:
1. recordings of a pornographic or sexually explicit nature intended for publication, distribution or commercial exploitation, in particular for adult or subscription platforms;
2. the use of recordings in which the Hotel, its rooms or its trade marks are recognisable in contexts likely to significantly damage the reputation of the Hotel. These include, in particular, advertising for tobacco and nicotine products, gambling, weapons, adult services, political parties, campaigns or organisations and for competitors of the Hotel, as well as any disparaging or misleading portrayal of the Hotel.
A violation constitutes a serious breach of contract. It entitles the Hotel to terminate the Contract without notice and to ban the guest and the persons involved from the premises.
Intellectual property rights. As owner or authorised user of the property and as holder of the domiciliary rights, the Hotel decides on the making and commercial exploitation of recordings on the hotel premises. Recordings made without consent may not be commercially exploited either by the guest or by third parties. The guest may not grant any corresponding rights to third parties. The building, interiors and fixed installations were designed by Grüntuch Ernst Architects and are protected by copyright as works of architecture. The exception under Section 59 of the German Copyright Act (UrhG, freedom of panorama) covers neither recordings from the interior or on the hotel premises nor aerial recordings. ‘Wilmina’ and ‘Lovis’ are registered trade marks. Their commercial use requires the consent of the Hotel. Mentioning the Hotel in private posts remains unaffected.
Measures in the event of a violation. In the event of a violation of this section, the Hotel may prohibit the recordings, expel non-registered persons from the premises and terminate the Contract without notice for good cause. At the Hotel’s request, the guest must
1. disclose the client, the production company or agency, the intended use and the places and media of publication,
2. delete the recordings and refrain from publishing and distributing them,
3. have content that has already been published removed without delay, and
4. confirm this in text form.
Usage fee. For recordings or uses without consent, the guest owes the fee that would have been payable for comparable use under the Hotel’s location price list valid at the relevant time. The duration, areas used, scope and intended use are decisive. The price list currently provides for day rates of up to EUR 20,000 and is available on request. The guest is entitled to prove that no damage or significantly less damage has been incurred.
Damages. The guest must compensate the Hotel for any damage resulting from a culpable violation of this section. This includes, in particular, the costs of legal action and of removing published content, the costs of necessary crisis communication and loss of revenue, for instance through cancellations or a decline in bookings.
Contractual penalty for businesses. If the guest is a business, it undertakes to pay a contractual penalty for each culpable breach of clauses 1, 3 or 4. The amount shall be determined by the Hotel at its reasonable discretion.
Third parties; further claims. If a third party has made the booking on the guest’s behalf, it is jointly and severally liable pursuant to section II.2 for the claims arising from this section as well. Further claims of the Hotel and of the rights holders remain unaffected. This also applies vis-à-vis clients, production companies or agencies and in particular to claims for injunctive relief, information and damages arising from property, copyright and trade mark law.

XIV. Technical equipment and connections

If the Hotel obtains technical and other equipment from third parties at the guest’s request, it does so in the name of, on the authority of and on behalf of the guest. The guest is responsible for handling the equipment with care and returning it in proper condition, and indemnifies the Hotel against all third-party claims arising from the provision of said equipment.
The guest must obtain the Hotel’s consent if it intends to connect its own electrical equipment to the Hotel’s power network. Any malfunctions or damage to the Hotel’s technical installations caused by the use of this equipment will be charged to the guest unless the Hotel is responsible for them. The Hotel is entitled to record and charge the cost of the electricity consumed by this equipment at a flat rate.
With the Hotel’s consent, the guest may use its own telephone, fax and data transmission equipment. The Hotel may charge a connection fee in this respect.
If the use of the guest’s own equipment means that suitable Hotel equipment remains unused, the Hotel is entitled to make a corresponding compensation charge.
Any malfunctions in technical or other equipment provided by the Hotel will be remedied as quickly as possible. Payments may not be withheld or reduced unless the Hotel is responsible for said malfunctions.

XV. Loss of or damage to items brought by guests

Any exhibition items or other items, including personal items, are kept in the event rooms or the Hotel at the guest’s own risk. The Hotel accepts no liability for loss, destruction or damage of said items, including financial loss, unless this is the result of gross negligence or intent on the Hotel’s part. Excluded from this are damages arising from injury to life, body or health. In addition, all cases in which safekeeping constitutes a typical contractual obligation owing to the circumstances of the individual case are excluded from this disclaimer.
Any decorative material brought by the guest must comply with fire safety requirements. The Hotel is entitled to demand official proof of compliance. If such proof is not provided, the Hotel is entitled to remove material already installed at the guest’s cost. Owing to possible damage, the guest must consult with the Hotel before putting up or affixing any items.
Any items brought for exhibition or other purposes must be removed immediately at the end of the event. If the guest fails to do so, the Hotel may remove and store said items at the guest’s cost. If the items remain in the event room, the Hotel may charge reasonable compensation for use for the period during which the room is withheld.

XVI. The guest’s liability during events

If the guest is a business, it is liable for all damage to the building or furnishings caused by event participants or visitors, employees, other third parties from its sphere or by the guest itself.
The guest indemnifies the Hotel against all third-party claims arising from the conduct of the guest, its employees, the event participants or the guest’s vicarious agents.

XVII. The Hotel’s liability

Claims for damages on the part of the guest are excluded. Exempt from this are claims for damages arising from injury to life, body or health or from the breach of material contractual obligations, as well as liability for other damage based on an intentional or grossly negligent breach of duty by the Hotel, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the Contract. In the event of a breach of material contractual obligations, the Hotel is only liable for the foreseeable damage typical of the contract if such damage was caused by ordinary negligence, unless the guest claims damages arising from injury to life, body or health. The aforementioned limitations also apply in favour of the Hotel’s legal representatives and vicarious agents if claims are made directly against them.
The Hotel is liable to the guest for items brought to the Hotel in accordance with the statutory provisions.
If the Hotel provides the guest with a parking space in the Hotel car park, including for a charge, this does not constitute a safekeeping agreement. The Hotel accepts no liability for the loss of or damage to motor vehicles parked or manoeuvred on the Hotel’s grounds or to their contents.
The Hotel will take the utmost care in complying with requests for wake-up calls. Messages, post and consignments of goods for the guest will be handled with care. Claims for damages are excluded.

XVIII. Right to refuse admittance or eject guests

The Hotel is entitled to refuse a guest admittance to the Hotel or accommodation therein if on the guest’s arrival it has good grounds for believing that the guest is under the influence of drugs or alcohol or behaves in an offensive manner towards hotel staff or other guests. The Hotel is entitled to eject a guest from the Hotel and cancel without notice its existing Contract with that guest if he or she repeatedly disturbs the peace, harasses or insults other guests or hotel staff.
Only guests with a valid reservation have access to Wilmina Hotel. Hotel guests may not bring any other persons who are not registered in the reservation system into the Hotel. Exceptions must be agreed with and approved by the Hotel in advance.

XIX. Closing provisions

Any amendments or supplements to the Contract, the acceptance of the request or these General Terms and Conditions should be made in text form. Any unilateral amendments or supplements made by the guest are invalid.
For commercial transactions, the place of performance and payment is the registered office of the Hotel.
German law applies.

Berlin, September 2026