Terms and Conditions

Hotel Schutzhütte

General Terms and Conditions (as of May 12, 2026)

Section 1. Scope, form

1. These terms and conditions apply to contracts for the rental provision of hotel rooms or holiday homes/chalets for accommodation, as well as all other services and deliveries provided to the customer by SPH Betriebsgesellschaft mbH & Co. KG, Sonnenweg 4a, 34508 Willingen (Upland), Germany, and its respective hotels (hereinafter referred to as the “Hotel”).

2. Subletting or re-letting the rooms provided, as well as using them for purposes other than accommodation, requires the prior written consent of SPH Betriebsgesellschaft mbH & Co. KG, Sonnenweg 4a, 34508 Willingen (Upland), Germany (hereinafter referred to as the “Hotel”).

3. These Terms and Conditions apply exclusively. Any deviating, conflicting, or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing. This requirement for consent applies in all cases, for example even if the customer refers to their own terms and conditions and we do not expressly object.

Section 2. Conclusion of contract, contracting parties, liability; limitation period

1. The contract is concluded when the Hotel accepts the customer’s request. The Hotel may confirm the room booking in writing. The contract is only concluded upon the Hotel’s written booking confirmation.
2. The contracting parties are the Hotel and the customer. If a third party has booked on behalf of the customer, that third party shall be jointly and severally liable to the Hotel together with the customer for all obligations arising from the hotel accommodation contract, provided the Hotel has a corresponding declaration from the third party.
3. Claims by the customer for damages are excluded. This does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Hotel, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.

Section 3. Services, prices, payment, set-off

1. The customer is obliged to pay the Hotel’s applicable or agreed prices for the provision of the rooms and for any additional services used by the customer. This also applies to services arranged by the customer and expenses incurred by the Hotel to third parties.
2. Prices may be adjusted after the contract is concluded if the period between conclusion of the contract and provision of the service is more than 4 months. In this case, a corresponding price increase is permitted if statutory VAT is increased or if cost increases have occurred in the hotel and catering sector. If the price increase exceeds 8% of the agreed price, the contracting party is entitled to withdraw from the contract.
3. Prices may also be changed by the Hotel if the customer subsequently requests changes to the number of rooms booked, the Hotel’s services, or the guests’ length of stay, and the Hotel agrees.
4. Hotel invoices without a due date are payable without deduction upon departure, but no later than within 10 days of receipt of the invoice. The Hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the Hotel is entitled to charge interest at 4% above the respective base interest rate. The customer may prove a lower loss, and the Hotel may prove a higher loss.
5. The Hotel is entitled, upon conclusion of the contract or thereafter, taking into account the legal provisions for package travel, to request a reasonable advance payment or security deposit. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
6. The customer may only set off or reduce a claim of the Hotel with an undisputed or legally established claim.
7. All overnight rates are plus the Willingen spa tax (Kurbeitrag) valid at the time of the stay. The current fees can be viewed here willingen.de/sauerland-card. In return, the customer receives the Sauerland Card (spa card) with numerous discounts and reduced admission prices in and around Willingen.

Section 4. Customer withdrawal (cancellation, cancellation of booking)

1. The customer’s withdrawal from the contract concluded with the Hotel requires the Hotel’s written consent. If this is not granted, the agreed price from the contract must be paid even if the customer does not use the contractual services. This does not apply in cases of delay in performance by the Hotel or impossibility of performance for which the Hotel is responsible. For rooms not used by the customer, the Hotel must credit income from renting the rooms to others as well as saved expenses. The Hotel may demand the contractually agreed remuneration and lump-sum the deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements. This does not apply if the customer has booked the Hotel Schutzhütte Flex Rate. In that case, the stay can be cancelled free of charge up to 7 days before arrival. The customer is free to prove that the above claim did not arise or did not arise in the required amount.

Section 5. Hotel withdrawal

1. If a right of withdrawal for the customer has been agreed in writing within a certain period, the Hotel is also entitled to withdraw from the contract during this period if requests from other customers for the contractually booked rooms exist and the customer, upon enquiry by the Hotel, does not waive their right of withdrawal.
2. If an agreed advance payment is not made even after expiry of a reasonable grace period set by the Hotel with a warning of refusal, the Hotel is also entitled to withdraw from the contract.
3. Furthermore, the Hotel is entitled to withdraw from the contract extraordinarily for a materially justified reason, for example if force majeure or other circumstances for which the Hotel is not responsible make fulfilment of the contract impossible:

• • rooms are booked under misleading or false statements of essential facts, e.g. regarding the person of the customer or the purpose;
  • the Hotel has justified reason to assume that use of the Hotel’s services may jeopardize smooth business operations, the security, or the Hotel’s public reputation, without this being attributable to the Hotel’s sphere of control or organization.
  • if there is a breach of Section 1, paragraph 2.

4. The Hotel must inform the customer immediately of the exercise of the right of withdrawal.
5. In the event of a justified withdrawal by the Hotel, the customer has no claim for damages.
6. Special notice regarding the new opening (pre-opening phase): The Hotel is currently in the final completion phase. The planned opening date is 2026-11-01. The booking is made subject to the resolutory condition that hotel operations can actually commence during the booked period. If the opening is delayed for construction-related, regulatory approval, or operational reasons, the Hotel is entitled to withdraw from the contract. In this case, any payments already made will be refunded in full. Further claims for damages (e.g. for costs of alternative accommodation, travel costs, or loss of holiday enjoyment) are excluded unless the Hotel caused the delay intentionally or through gross negligence.

Section 6. Room availability, handover and return

1. The customer does not acquire any entitlement to the provision of specific rooms.
2. Booked rooms are available to the customer from 3:00 PM on the agreed day of arrival. The customer has no entitlement to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the Hotel no later than 11:00 AM. After that, the Hotel may, taking into account the possibility of proving a lower loss, charge for the additional use of the room until 6:00 PM 50% of the full lodging price (list price), and from 6:00 PM 100%, in addition to any damage incurred as a result.

Section 7. Hotel liability

1. The Hotel is liable with the care of a prudent businessperson. This liability is limited in areas not typical of the service, however, to service defects, damages, consequential damages, or disruptions attributable to intent or gross negligence on the part of the Hotel. Should disruptions or defects occur in the Hotel’s services, the Hotel will, upon becoming aware of them or upon the customer’s immediate complaint, endeavour to remedy the situation. The customer is obliged to contribute what is reasonable to remedy the disruption and to keep any possible damage to a minimum.
2. For items brought in, the Hotel is liable to the customer in accordance with statutory provisions, i.e. up to one hundred times the room price, but no more than €3,500.00; for cash, securities, and valuables up to €800.00. Cash and valuables can be stored in the in-room safe. The Hotel recommends making use of this option. Liability claims expire if the customer does not notify the Hotel immediately after becoming aware of loss, destruction, or damage (Section 703 BGB). Liability claims also expire if the customer does not keep the room or balcony door locked and valuables can be easily stolen for this reason.
3. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The Hotel is not liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to the Hotel’s vicarious agents.
4. Wake-up calls are carried out by the Hotel with the utmost care. Claims for damages, except in cases of gross negligence or intent, are excluded.
5. Messages, mail, and goods deliveries for guests are handled with care. The Hotel undertakes delivery, storage, and—upon request and for a fee—forwarding. Claims for damages, except in cases of gross negligence or intent, are excluded.

Section 8. Final provisions

1. Changes or additions to the contract, the acceptance of the request, or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the Hotel’s registered office.
3. In commercial transactions, the exclusive place of jurisdiction is the Hotel’s registered office. If a contracting party meets the requirements of Section 38(1) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the Hotel’s registered office.
4. German law applies.
5. Should individual provisions of these General Terms and Conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.

As a company, we are generally willing to participate in dispute resolution proceedings in accordance with the Consumer Dispute Resolution Act (VBSG). Consumers have the option of contacting the Federal Universal Conciliation Body, Zentrum für Schlichtung e.V. / Straßburger Str. 8 / 77694 Kehl / Germany / email address: mail@universalschlichtungsstelle.de / website: https://www.verbraucher-schlichter.de / telephone: +49 7851 79579 40 / fax: +49 7851 79579 41, to resolve their disputes.