What do our guests have to consider when booking a hotel room?

‍Conclusion of contract
With the booking and confirmation of a hotel room, a Guest accommodation contract attained.
One A written order is not required; one Order by phone That's enough.
However, for reasons of evidence, it is advisable to order in writing or at least on a written confirmation to survive — especially on longer trips. A fax is a quick and practical way to do this.

‍Obligations under the guest accommodation contract
For the entire period, the contract obliges both parties to:
a) The hotelier is required to keep the room ready in accordance with the order.
b) The guest is obliged to pay the price for the period (duration) of the room reservation.

‍Hotelier's liability
If the hotelier is unable to provide the booked room upon arrival (e.g. overbooking, construction work, etc.), adheres he. He is then to damages obligated, e.g. for taxi costs for replacement accommodation and for a price difference to a more expensive room there. The guest is not obligatedto accept a lower category.

‍Guest liability (cancellation/no-show)
If the guest does not use the booked room, he stays legal for payment committed to the agreed price for the hotel service — regardless of the impediment (SECTION 537 BGB).
This is not for compensation, but for a Fulfilment claim, which is often overlooked.

‍No legal right of withdrawal
A legal right of revocation/withdrawal Does not exist. Illness, deaths, car breakdowns, etc. Do not liberate from the payment obligation.
The situation is different when contractually or by TERMS AND CONDITIONS a right of withdrawal has been agreed or:the service provided by the innkeeper deficient is (e.g. unreasonable noise, dirt, bugs, false promises) and the innkeeper is a person set by the guest reasonable repair date lets go by unused. Then there is a Right of termination according to § 543 BGB.der resignation from the innkeeper (or his employees) accepts will.

‍Sublet
Nur for periods during which the hotel is in the relevant room category fully occupied Is, the guest's payment obligation is waived in the amount of income earned elsewhere for this period.
The innkeeper is not obligated, looking for a Sublet to try (Düsseldorf Higher Regional Court, judgment of 02.05.1991 — 10 U 191/90).
SECTION 254 BGB (contributory fault) takes place on Fulfilment claims It does not apply from rental agreements; rather, it belongs to tort law.

‍Jurisdiction
The Jurisdiction Is basically the Hotel location, as the services under the accommodation contract (payment of accommodation) must be provided at the place of establishment even if not used (place of jurisdiction of the place of fulfilment: Section 29 Code of Civil Procedure, Section 269 BGB).
This has been confirmed many times, e.g. by LG Kempten (Judgment of 17.12.1986 — S 2154/86) in the case of did not arrive A guest who must not be placed cheaper than a guest who has arrived.

— DEHOGA — German Hotel and Restaurant Association —