T&Cs of Stadion Hotel Leverkusen Betriebs GmbH General Terms and Conditions
The following terms and conditions apply to Stadion Hotel Leverkusen Betriebs GmbH (The Curve).
Scope of application §1
- These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation and all other associated services and deliveries provided by The Curve for the guest, the provision of furnished serviced apartments for a period limited to a maximum of six months in conjunction with mandatory and additional optional services related to the use of the serviced apartments.
- The subletting and re-letting of the apartments provided and their use for purposes other than accommodation shall require the prior written consent of the Lodging Company, whereby Section 540 (1) sentence 2 BGB shall be waived.
- Terms and conditions of the Customer and/or the Guest shall only apply if this has been expressly agreed in writing in advance.
- The GTC apply to all services booked via our own booking system on www.curvehotel.de, partners and intermediaries commissioned by us (such as online booking platforms).
§2 Conclusion of contract, partners, statute of limitations
- The accommodation contract is concluded when The Curve accepts the customer's application and confirms it with a booking confirmation in text form within 24 hours of receiving the guest's booking. The terms and conditions and house rules are thereby recognized and confirmed at the latest with the signature of the registration form.
- If no confirmation is received within 24 hours of the guest's booking, no contract is concluded.
- The contracting parties are the accommodation provider and the customer. If a third party has booked on behalf of the customer (contingent contract or group booking), it shall be liable to The Curve together with the guest as joint and several debtor for all obligations arising from the accommodation contract, provided that The Curve has received a corresponding declaration from the third party. The third party then becomes a party to the contract.
- A group booking is deemed to exist if more than nine rooms per night are booked by a contracting party by way of one or more booking transactions that are related in terms of time and/or subject matter. A group booking is independent of the booking method. This can be made in person, by telephone, by fax, by e-mail, in writing, via "www.curvehotel.de", via intermediaries (e.g. so-called online portals) or by other means.
- All claims against The Curve are generally subject to a limitation period of one year from the start of the knowledge-dependent regular limitation period of Section 199 (1) BGB. Claims for damages shall become time-barred within five years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on a deliberate or grossly negligent breach of duty or on justified withdrawal by The Curve.
§3 Services, prices, payment, offsetting
- The services consist in particular of the provision of hotel rooms, serviced apartments and other premises for seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organization of cultural and sporting events and other programs, the implementation of special health-promoting measures or comparable offers, as well as for all other related services and deliveries by The Curve. The Curve is entitled to fulfill its services through third parties.
- The Curve is obliged to keep the rooms and apartments booked by the customer or equivalent replacements available and to provide the agreed services. The company is free to define industry-standard restrictions such as minimum stays, advance payments and booking guarantees for certain dates.
- The customer is obliged to pay the applicable or agreed prices of The Curve for the room and apartment rental and the other services used by him. This also applies to services and expenses of The Curve to third parties arranged by the guest.
- The agreed prices include the applicable statutory VAT. If the period between conclusion and fulfillment of the contract exceeds four months and the price generally charged by the accommodation provider for such services increases, the accommodation provider may raise the contractually agreed price appropriately, but by no more than 10%. If the period between conclusion and fulfillment of the contract is less than four months, the change in the VAT rate shall be charged to the customer if the customer is a merchant within the meaning of the German Commercial Code (HGB). Local taxes such as city tax and tourist tax are not included and therefore charged separately, even if they are incurred after the booking date.
- The prices may also be changed by The Curve if the guest subsequently requests changes to the number of apartments booked, the service provided by The Curve or the length of stay of the guests and The Curve agrees to this.
- Invoices will also be issued digitally in pdf format after 01.01.2025, but not as e-invoices within the meaning of EU Directive 2014/55/EU or the European standard for electronic invoicing EN-16931. It is at the discretion of The Curve to convert invoicing to e-invoices within the statutory transition periods.
- Invoices from The Curve without a due date are payable immediately upon receipt of the invoice without deduction. The Curve is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, The Curve is entitled to demand the applicable statutory default interest. The Curve reserves the right to provide evidence of higher damages.
- The Curve is entitled to demand an appropriate advance payment and security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates may be agreed in writing in the contract. The company is also free to immediately check the validity of credit cards provided and to carry out a pre-authorization.
- The customer may only offset, retain or reduce a claim by The Curve with an undisputed or legally binding claim.
§4 Events
- In order to enable The Curve to make careful preparations, the contractual partner must inform The Curve of the final number of participants no later than three days before the start of the event. If the contractual partner communicates a higher number of participants than agreed, this higher number of participants shall only become part of the contract if The Curve agrees to this in writing. If The Curve does not agree in writing, the contractual partner shall not be entitled to hold the event with a higher number of participants. If The Curve agrees, invoicing shall be based on the new agreement (possibly with additional expenses). The contractual partner shall not be entitled to consent. Billing shall be based on the contractual agreements, irrespective of notification of the number of participants. If fewer participants actually take part in the event, this shall be irrelevant for invoicing purposes.
- If the agreed start time of an event is postponed, The Curve shall be entitled to charge the contractual partner for all additional costs incurred as a result.
- Reserved rooms shall only be available to the contractual partner within the period agreed in writing. Any use beyond this period shall require the written consent of The Curve and shall generally only be granted for an additional fee. The right to change rooms is reserved insofar as this is reasonable for the contractual partner, taking into account the interests of The Curve.
- For events that extend beyond midnight, The Curve may charge €50.00 plus VAT per booked service employee and per hour or part thereof. The contractual partner shall be liable to The Curve for additional services provided to the event participants or to third parties in connection with the event.
- The contractual partner must obtain all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Fees payable to third parties for the event, such as GEMA fees, entertainment tax, etc., must be paid by the contractual partner to the creditor without delay.
- The contractual partner shall be liable for the conduct of its employees, event participants and other auxiliary staff in the same way as for its own conduct. The Curve may require the contractual partner to provide appropriate security (e.g. insurance, deposits, guarantees).
- In order to prevent damage, the attachment and installation of decorative material or other objects must be agreed with The Curve in advance. Any exhibition and other items brought along must be removed at the end of the event. If the contractual partner fails to comply with this provision, The Curve shall have the right to remove and store such items for a fee. Any transport packaging, outer packaging and all other packaging materials brought in must be disposed of by the contractual partner at its own expense. Disposal may be subject to a charge if the contractual partner leaves the packaging behind after the end of the event. All items brought in during the event, such as decoration material and the like, must comply with all applicable regulations.
- The Curve does not provide insurance cover for items brought in. The conclusion of any necessary insurance is the sole responsibility of the contractual partner.
- Faults or defects in equipment provided by The Curve shall be rectified insofar as The Curve is able to do so. The contractual partner may not derive any claims in this context.
- If the contractual partner brings in its own electrical equipment, this shall require the consent of the hotel management prior to connection to the electricity network. The electricity consumption incurred shall be calculated in accordance with the applicable supply and working prices as charged by the utility company to The Curve. The Curve is free to record and charge a flat rate. Any malfunctions or defects in The Curve's technical equipment caused by the connection shall be borne by the contractual partner.
- If The Curve procures technical or other equipment from third parties for the contractual partner, The Curve shall act in the name and for the account of the contractual partner; the latter shall be liable for the careful handling and proper return of this equipment, and shall indemnify The Curve against all third-party claims upon first written request. Liability on the part of The Curve for failure to procure the equipment on time or for defects in the procured equipment is excluded.
- The contractual partner may not bring food and drink to the events. In special cases (e.g. national specialties, etc.), a written agreement may be reached; in such cases, a general costs fee shall be charged, less the proportionate cost of goods.
- Newspaper advertisements containing invitations to job interviews or sales events require the prior written consent of The Curve. If a publication is made without consent, The Curve shall have the right to cancel the event.
- Any type of advertising, information or invitations that make reference to the hotel, in particular by using the hotel name, requires the prior written consent of the hotel.
- All terms and conditions governing the use of rooms shall apply mutatis mutandis to events, unless more specific provisions are contained in Section 4 for events.
§5 Withdrawal by the customer (cancellation), non-utilization of accommodation services (no show)
- Withdrawal by the customer from the contract concluded with the accommodation provider requires the written consent of The Curve. If this is not given, the agreed price from the contract must be paid even if the guest does not make use of contractual services. This shall not apply in the event of a breach of The Curve's obligation to take into account the rights, legal interests and interests of the guest, if the guest can no longer reasonably be expected to adhere to the contract as a result, or if the guest is entitled to any other statutory or contractual right of withdrawal.
- If The Curve and the customer have agreed in writing on a date for free or only partially charged withdrawal from the contract, the guest may withdraw from the contract up to that date without triggering payment and compensation claims by The Curve. The conditions can already be seen in the shopping cart during the booking process. The right of withdrawal expires if the guest does not exercise his right of withdrawal in writing vis-à-vis The Curve by the agreed date, unless a case of withdrawal by the guest pursuant to Section IV No. 1 Sentence 3 exists.
- In the case of apartments not taken up by the customer, The Curve shall offset the income from the reletting of the apartments and the expenses saved.
- If the stay is shortened, The Curve reserves the right to adjust the rate according to the number of nights actually used. Possible additional costs are to be paid in addition to the agreed fee for cancellation.
- The Curve is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. The customer is then obliged to pay 90% of the contractually agreed price for the rental of the apartments. However, the customer is permitted to prove that The Curve has incurred no or significantly lower damages.
§6 Withdrawal by The Curve
- Insofar as a free right of withdrawal by the customer within a certain period has been agreed in writing, The Curve is entitled for its part to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked rooms and apartments and the guest does not waive his right of withdrawal upon enquiry by The Curve.
- If an agreed advance payment or an advance payment demanded in accordance with § 3 above is not made even after a reasonable grace period set by The Curve has expired, The Curve shall also be entitled to withdraw from or terminate the contract.
- Furthermore, The Curve is entitled to extraordinarily withdraw from the contract for objectively justified reasons, for example if
- force majeure, pandemics or other circumstances for which The Curve is not responsible make it impossible to fulfill the contract
- rooms and apartments are booked under misleading or false statements of material facts, e.g. in the person of the guest or the purpose,
- The Curve has reasonable grounds to believe that the use of The Curve may jeopardize the smooth running of business operations, the security or the public reputation of The Curve, without this being attributable to The Curve's sphere of control and organization,
- there is a breach of the above § 1.2.
- The Curve must inform the customer and the guest of the exercise of the right of withdrawal/termination without delay.
- In the event of justified withdrawal by The Curve, the customer and the guest shall have no claim to compensation.
§7 Apartment provision, handover and return
- The guest acquires no entitlement to the provision of specific rooms and apartments, unless expressly agreed in the contract.
- Booked rooms and apartments are available to the guest from 4 p.m. on the agreed day of arrival. The guest is not entitled to earlier availability. Unless otherwise agreed, The Curve has the right to allocate booked rooms to other parties after 18:00 without the contractual partner being able to derive any rights or claims from this.
- On the agreed day of departure, the rooms and apartments must be vacated and made available by The Curve by 11.00 a.m. at the latest. After this time, The Curve may charge 50% of the full accommodation price (list price) for the delayed vacating of the apartment for its use in excess of the contract until 3.00 p.m., and 100% from 3.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the guest. The guest is free to prove that The Curve has no or a significantly lower claim to a usage fee. If a key or key card issued is lost or not returned on departure, a fee of €40.00 may be charged. Should the loss of the key or key card or the locking out of the room necessitate the deployment of a security service, The Curve reserves the right to charge the contractual partner a flat-rate fee of €50.00 per deployment.
- Smoking is not permitted in the entire building, including the rooms and apartments. In the event of a breach, the guest will be charged a flat-rate compensation fee of €250.00. Should The Curve incur further damage costs (e.g. fire department intervention, destroyed furniture, etc.), these will be passed on to the guest.
- The guest is obliged to provide all relevant personal data in accordance with the Federal Registration Act truthfully in advance online, but at the latest on arrival in the form of a registration form, and to provide proof of this on request.
§8 Liability
- The Curve is liable for its obligations under the contract with the diligence of a prudent businessman. Claims by the guest for damages are excluded. Excluded from this are damages arising from injury to life, limb or health, if The Curve is responsible for the breach of duty. Likewise, other damages that are based on an intentional or grossly intentional breach of duty by The Curve and damages that are based on an intentional or negligent breach of typical contractual duties by The Curve. A breach of duty on the part of a legal representative or vicarious agent is equivalent to a breach of duty on the part of The Curve.
- The Curve shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions. Liability claims expire if the guest does not notify The Curve immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). The above § 1 points 2 to 4 shall apply accordingly to any further liability on the part of The Curve.
- Insofar as the guest is provided with a parking space in the hotel's own parking lot, even for a fee, this does not constitute a safekeeping agreement. The Curve shall not be liable for loss of or damage to motor vehicles, motorcycles and bicycles parked or maneuvered on the property and their contents, except in cases of intent or gross negligence. The above § 1 points 2 to 4 shall apply accordingly.
- The guest is liable for all damage caused culpably by themselves, their employees, or their visitors at The Curve or to its inventory. Corresponding damage must be reported to The Curve immediately, whereby The Curve is free to charge a lump sum for damages.
- In the case of arranged services (not package tours), The Curve shall not be liable for the provision of services by third-party service providers or transportation companies, but only for the proper arrangement of the travel service and for the proper forwarding of information from the service provider to the participant.
- No liability is assumed for lost property. They will only be returned on request for a fee. The accommodation provider undertakes to store them for 6 months.
- Insofar as The Curve procures third-party services, technical or other equipment from third parties for the customer, the latter shall act on behalf of and for the account of the guest; the guest shall be liable for the careful handling and proper return of the equipment and shall indemnify The Curve against all third-party claims arising from the provision of this equipment.
- By reserving a room or apartment, the guest may use the designated public areas, such as the lobby, fitness and sauna area, etc., free of charge. The Curve reserves the right to close these public areas at short notice without prior notice. In the event that a public area is unavailable, the guest is not entitled to partial or full reimbursement of their costs for the overnight stay. The public areas are therefore not considered part of the scope of services.
- The liability of The Curve, its legal representatives and vicarious agents for damages arising from injury to life, limb or health, as well as liability under the Product Liability Act and liability due to a fraudulently concealed defect or the assumption of a quality guarantee is not limited by these GTC. Furthermore, these GTC do not limit The Curve's liability for damages based on an intentional or grossly negligent breach of duty by The Curve, its legal representatives or vicarious agents. If none of the aforementioned cases apply, The Curve's liability for damages arising from the breach of an obligation that is essential for achieving the purpose of the contract, the fulfillment of which is therefore essential for the proper execution of the contract and on the observance of which the member relies and may rely (essential contractual obligation), is limited to the foreseeable damage typical for the contract. Otherwise, The Curve's liability is excluded. Insofar as liability for damages is limited in accordance with this section, this shall also apply to any liability of The Curve's vicarious agents and legal representatives.
§9 Obligations of the guest
- The guest is obliged to personally comply with statutory registration requirements. They are also obliged to provide truthful information about themselves in the registration forms provided by us and to identify themselves on request by presenting an official identity card or passport. This can be requested, for example, during digital check-in by uploading a photo of the ID.
- Occupancy of the apartment by more than the number of persons booked requires our prior consent in text form. This also applies in particular to the provision of overnight accommodation to third parties, even if this is free of charge.
- Subletting is not permitted.
- Guests are not entitled to pass on their access code to third parties. The guest must store and secure the access code carefully to prevent third parties from gaining knowledge of it.
- The keeping of animals requires prior written consent in text form. This may incur additional costs, for example for cleaning.
- If the period of stay for apartment bookings is extended, a new reservation must be made up to 14 days before the end of the contract. A tacit extension of the reservation is excluded. If the guest does not move out in good time, this shall constitute unauthorized occupation. In this respect, The Curve is entitled to make use of its right to self-help, to take possession of the apartment and to temporarily store the guest's belongings in a storage room at the guest's expense and risk, exercising a right of lien.
- The Curve is entitled to enter the rooms and apartments during the guest's stay at normal times of day for the purpose of cleaning and maintaining the premises.
- It is the guest's responsibility to check whether the guest's stay in an apartment is subject to a registration obligation under residents' registration law. The guest acknowledges that - if the guest registers for the period of stay in an apartment - the guest may have to pay fees, in particular broadcasting fees for the apartment to the collecting authority.
- Messages, post and consignments of goods for guests are handled with care. The Curve shall undertake the delivery, storage and - on request - forwarding of the same for a fee. Claims for damages, except for gross negligence or intent, are excluded.
§10. Final provision
- Amendments and additions to the contract, the acceptance of applications or the General Terms and Conditions for The Curve must be made in writing. This also applies to the revocation of this written form clause. Unilateral amendments or additions by the guest or booker are invalid.
- The place of performance and payment is the registered office of The Curve.
- The Curve reserves the right to expel guests or visitors from the hotel. This applies in particular if guests do not follow the instructions of The Curve's employees, make discriminatory comments, harass or endanger other guests and visitors.
- The exclusive place of jurisdiction - including for disputes relating to checks and bills of exchange - in commercial transactions is the registered office of The Curve. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of The Curve.
- German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
- Should individual provisions of these General Terms and Conditions for Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
As of January 2026