These General Terms and Conditions apply to contracts concluded between Waldburg Travel & Consulting (hereinafter referred to as “WTC”) and business customers regarding the temporary provision of hotel services.

1. Formation of Contract

Upon request by the customer, WTC prepares a written offer. All offers issued by WTC are non-binding.
A contract is concluded once WTC confirms the order in writing.

General terms and conditions of the customer shall only apply if explicitly agreed in writing beforehand.

The provisions referring to “hotel rooms” or “rooms” shall apply accordingly to all other services offered by WTC.

2. Services, Payment, Set-Off

a) WTC is obligated to ensure the provision and availability of the hotel services booked by the customer.

b) The customer is obligated to pay the agreed prices for the room reservation and any additional services used (e.g., meals). WTC is entitled to request payment of the agreed price, in part or in full, prior to providing the room. The amount and due date of any advance payments shall be defined in the contract.

c) To fulfil its contractual obligations, WTC uses services provided by hotels with which WTC concludes booking agreements. The reciprocal obligations of the contracting parties remain unaffected.

d) If price changes occur after the conclusion of the contract due to adjustments by the booked hotel(s), or due to changes in statutory VAT, accommodation taxes, or other unforeseeable short-term price changes, WTC is entitled to adjust the agreed price accordingly. WTC will promptly inform the customer of any expected price changes.

e) WTC will make every reasonable effort to ensure that legally binding bookings made by WTC on behalf of the customer are honoured by the hotel. If booked rooms are nevertheless not made available (e.g., due to overbooking), WTC will immediately inform the customer and offer, with discharging effect, substitute accommodation in a comparable room in a hotel of equal category in the same local area, provided availability exists. Further claims for performance or damages are excluded.

f) The customer may only set off claims by WTC with undisputed or legally established claims.

3. Customer Cancellation (Withdrawals, Cancellations)

If the customer has a contractual right of withdrawal, WTC may claim a lump-sum compensation for services already provided, preparations made, and expenses incurred. The amount depends on the proximity of the withdrawal to the agreed arrival date. The applicable compensation amount is contractually defined and binding.

4. Withdrawal by WTC

WTC is entitled to withdraw from the contract if the customer fails to make an agreed advance payment after a reasonable grace period set by WTC has expired.

WTC may also withdraw from the contract if hotel services were booked under misleading or incorrect information about material facts (e.g., customer identity or purpose), or if WTC has justified reason to assume that the use of the hotel services may jeopardize smooth business operations or safety.

5. Liability of WTC

WTC is liable with the due care of a prudent merchant for its obligations under the contract, as well as for those of its legal representatives and agents, subject to the following limitations:

If the hotel fails to provide the booked rooms due to reasons attributable to the hotel, the customer’s claims are limited to substitute services as described under Section 2(e). Any further liability is excluded.

In particular, WTC shall not be liable for unforeseeable damages or for damages resulting from slight negligence in the breach of secondary contractual obligations or pre-contractual obligations. This limitation does not apply to claims resulting from injury to life, body, or health of the customer.

All claims against WTC shall generally expire one year after the beginning of the statutory limitation period pursuant to § 199(1) BGB. Claims for damages expire after five years, regardless of knowledge. These reductions do not apply to claims arising from gross negligence, wilful misconduct, or injury to life, body, health, or freedom.

6. Force Majeure

If the fulfilment of contractual obligations becomes impossible due to force majeure—such as labour disputes, strikes, lockouts, natural disasters, fire, terrorist attacks, curfews, riots, war, or other extraordinary and unforeseeable events—both parties shall be released from their performance obligations and are entitled to withdraw from the contract.

Advance payments already made by the customer are excluded from refund in the event of withdrawal.

7. Data Collection, Purpose of Processing, Legal Basis

Upon conclusion of the contract, WTC collects personal data such as name, address, email, telephone number, and credit card details. These data are used exclusively to fulfil contractual obligations, e.g., to book hotel rooms or contact the customer.

Legal basis for processing is Art. 6(1)(b) GDPR (contract performance). If the customer has provided consent, Art. 6(1)(a) GDPR serves as an additional legal basis.

8. Disclosure of Data to Processors

WTC uses service providers, particularly in the IT sector, to process data on its behalf. These processors are contractually obligated to handle data carefully. Examples include external data centres or IT infrastructure providers.

9. Storage Period

WTC processes and stores personal data only as long as necessary to fulfil contractual obligations. Once these obligations cease, data will be blocked or deleted.

Statutory retention obligations may require longer storage (e.g., under the Commercial Code or Fiscal Code). After such periods expire, data will be deleted.

10. Customer Rights

The customer has the following rights under the GDPR:

1. Right of access – to request confirmation and information about stored personal data.
2. Right to rectification – to correct inaccurate or incomplete data.
3. Right to erasure – to request deletion where processing is no longer necessary or lawful.
4. Right to restriction of processing – e.g., if data accuracy is disputed.
5. Right to data portability – to receive data in a structured, machine-readable format.
6. Right to object – particularly regarding direct marketing or processing based on legitimate interest.
7. Right to withdraw consent – with effect for the future.

Additionally, the customer may lodge a complaint with a supervisory authority if they believe data processing violates data protection regulations.

11. Final Provisions

a) Amendments or supplements to the contract or these Terms require text form. This also applies to a waiver of this requirement. Unilateral amendments by the customer are ineffective.

b) Place of performance and payment is Munich.

c) Exclusive place of jurisdiction is Munich, provided that the customer has no general place of jurisdiction in Germany or the requirements of § 38(2) ZPO are fulfilled.

d) German law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

e) Should individual provisions of these Terms be invalid, the remainder shall remain effective. The parties shall replace the invalid provision with one that most closely reflects its intended purpose.