The following General Terms and Conditions of Use shall apply between the user (hereinafter referred to as the “Customer”) of the Internet portal hrs.de, hrs.com, hotel.de or hotel.info (hereinafter referred to as the “Internet Portal”) and the app HRS App or Hotel.de App on the one hand and HRS GmbH, Breslauer Platz 4, 50668 Cologne, Germany on the other hand for the reservation, booking, brokerage and payment of hotel and lodging services (hereinafter referred to as “Accommodations”) and the use of the “myHRS Club” resp. “myHOTEL DE Club” account.
These General Terms and Conditions of Use shall also apply in the event of conflicting terms and conditions of users who intend to book Accommodation (hereinafter “Customer”). These shall not be accepted even if HRS provides services in the knowledge of the Customer’s conditions, unless other arrangements have been expressly agreed.
The Customer shall have the option of creating a user account (“myHRS Club” or “myHOTEL DE Club” account) on the respective Internet Portal (hereinafter “Account”). The Account allows the Customer to take advantage of special services and benefits, which the Customer can view here at any time: https://www.hrs.de/hotel/unterwegs/clever-reisen/upgrades-geschaeftsreise/myhrs-alle-vorteile
To set up the Account, the Customer must provide their name and e-mail address and, if they are setting up the Account for business travel, the name of the company they work for, and they must set a password. By clicking on the “Register Now” button, the Customer shall accept the General Terms and Conditions of Use and submit an offer to conclude the contract for the Account. HRS shall accept this offer by confirmation or impliedly by granting access.
The use of the Account shall be free of charge for the Customer, shall be concluded for an indefinite period and can be terminated by the Customer at any time. For HRS, the contract on the use of the Account can be terminated with two weeks’ notice.
The content of the service shall be the brokerage and conclusion of an lodging or travel service contract.
Insofar as the Customer books Accommodation and travel services via HRS, HRS shall only act as an agent for third-party services. HRS provides neither its own nor third-party travel services and is therefore not a tour operator. HRS shall not be responsible for the contractual provision of the travel services arranged or booked by the Customer and in this respect shall assume no guarantee.
If several Accommodations are booked via the HRS Internet Portal, the selection and compilation of the individual Accommodations shall not be carried out by HRS, but shall be the responsibility of the Customer.
a) If the Customer books for him/herself
The lodging contract shall be concluded directly between the Customer and the provider of the Accommodation selected by the Customer (hereinafter referred to as “Provider”) after the booking process has been completed. For this purpose, HRS shall transmit the Customer’s specified personal data to the Provider or its vicarious agents.
b) If the Customer books for someone else
The lodging contract shall be concluded exclusively between the person who will use the services of the Provider or their employer if the Customer is booking business travel, and the Provider. For this purpose, HRS shall transmit to the Provider (or its contractually obliged service providers) the specified personal data of the person who will use the services of the Provider. The Customer shall warrant that they are entitled and duly authorized to enter into the lodging contact on behalf of a third party. If the Customer does not have the necessary authorization, he/she shall be responsible to HRS and the Provider for compensation of the resulting damage if the third party refuses to fulfill the lodging contract.
All claims and obligations arising from the lodging or travel service contract shall be directly and exclusively between (1) the Customer, if the Customer books for him/herself, or the person who will use the services of the Provider or his employer, if the Customer is booking business travel, and (2) the Provider. An lodging or travel service contract between the Customer and HRS shall not come into existence under any circumstances.
In the event of breaches of duty by the Provider, HRS shall not be obliged, but shall be entitled to compensate for the damage incurred by the Customer in individual cases as a gesture of goodwill in order to enable the Customer to process the contractual relationship properly. In this case, the Customer shall assign his claims for compensation against the Provider to HRS so that the latter can seek recourse for the expenses incurred. HRS shall not be obliged to enter into the contract.
HRS shall offer the Customer the possibility of retrieving reviews written by third parties or supplementary content and images relating to the services offered. These shall only reflect the personal opinion of the third party concerned at a specific point in time. HRS shall therefore accept no responsibility for the accuracy and timeliness of the reviews. These opinions are also shaped by the personal ideas and expectations of the respective author. Likewise, it must be taken into account that the services offered may have changed since the content or review was posted, for example due to renewal or renovation of Accommodation in the meantime. The number of reviews should also be taken into account, as a single opinion is often less meaningful than the total of a large number of reviews.
HRS shall offer the Customer or third parties the possibility of anonymously submitting such reviews or supplementary content and images on the Internet Portal. The Customer shall be solely responsible for the content provided by him/her (e.g. reports/pictures/videos). Reviews are published on all Internet Portals of HRS.
The Customer or any third party shall be prohibited from posting content on the HRS Internet Portal,
HRS shall reserve the right to edit or completely delete reviews of the Customer if they violate the above conditions for posting content.
After a search query, the Accommodation that best meets a large number of the criteria selected by the Customer shall be suggested first to the Customer in the first list (including very good value for money, flexible booking conditions, high Customer satisfaction, wide variety of offers, good facilities, free additional services such as parking spaces or WiFi, high conversion rate, detailed description and illustration of the Accommodation, central location and much more).
In this list, some Accommodation may receive more visibility in the ranking or a different rank in the list for a fee during promotional periods. This is only one of more than 80 criteria that influence the listing of Accommodation and is not sufficient on its own for a top place in the ranking. Of course, the Customer can also filter and sort the “Recommendations” list according to their own criteria (e.g. “Price per night”).
All information on and the description of Accommodation shall be based on the Provider's own details. HRS does not have any influence over these details and shall not accept any responsibility for accuracy and completeness.
The allocation of offered Accommodation into categories shall be based on the grading according to HRS’ own classification system. The basis of this system, in addition to the rating in other classification systems (such as the classifications required by law in some countries), shall primarily be the experiences and reviews of Customers as well as the information provided by the Providers, which are checked by HRS if necessary. The classification shall therefore only provide a non-binding indication of the standard and facilities of the Accommodation.
Each reservation shall be passed on to the respective Provider via HRS as the messenger on behalf of the Customer. For the smooth processing of the booking, it is therefore necessary that the data provided by the Customer (e.g. lodging data, contact details) is correct and complete.
Depending on the type of reservation made, the last possible time for check-in by the Customer at the Accommodation shall vary. The different reservation options shall be presented during the booking process and selected by the Customer on this basis. If a time limit for check-in is specified in the selected reservation type, the reservation shall be canceled in the event of late arrival. There shall no longer be an entitlement to lodging after that.
The subcontracting of Accommodation booked via HRS, in particular for own commercial purposes, shall be prohibited. This shall include in particular the subcontracting of Accommodation to third parties at higher prices. HRS shall reserve the right to exclude Customers from agency services in the future in the event of violations of this regulation. In these cases, the Provider shall also be entitled to cancel the booking, whereby this declaration can also be made by HRS. In addition, the Customer shall be obliged to pay any cancellation fees and to compensate any damages incurred by HRS and/or the Provider.
The reservation of the Accommodation shall already be made at the time of booking and is valid without a reservation confirmation. The reservation confirmation already appears on the screen and shall also be sent to the Customer by e-mail and, if necessary, also by SMS as brief information. The Customer shall be responsible for creating the conditions for receiving the confirmation by e-mail or SMS. The validity of the booking shall remain unaffected by this; this shall apply in particular if an incorrect e-mail address and/or telephone number is entered.
As part of the booking process for a hotel and lodging service, special prices may be displayed which require a full or a partial advance payment (“Advance Payment”). In these cases, the exact terms and conditions can be viewed prior to the final booking of hotel and lodging services and the commissioning of HRS for payment via Pay Now (see below Section 10) by the Customer. Within the scope of such bookings, the Customer shall instruct HRS via Pay Now to pay the Advance Payment, including any taxes and fees.
If the Provider agrees with the Customer on a deposit payment on the price of the Accommodation without using a credit card, the Customer may instruct HRS via Pay Now to make this deposit payment. If the Customer does not instruct HRS via Pay Now, he/she shall make this deposit himself/herself and shall bear the risk that the Provider shall be entitled to cancel the booking if the deposit is not received by the Provider within the period stated in the reservation confirmation. Furthermore, failure to pay a deposit shall not release the Customer from proper cancellation of the booking and payment of the resulting cancellation costs.
Their credit card shall guarantee the respective Provider payment of all costs incurred for the booked Accommodation.
If the Accommodation booked is a hotel, a maximum of nine rooms can be booked online. Reservations of more than nine rooms shall be made via the HRS offers for group bookings (clause 10), whose reservation confirmation is binding. The division of a demand of more than nine rooms into several bookings of a maximum of nine rooms shall not be permitted.
Unless otherwise stated in the booking conditions, all prices shall be per Accommodation and per night and, depending on the booking conditions, partly including and partly excluding breakfast (this may also vary for a booking period over several days). The extra services offered depend on the respective Provider and are to be remunerated separately.
The Providers shall be obliged to display the respective final price including taxes. However, the price information shall come exclusively from the Provider. The taxes and other charges applicable to Accommodation abroad depend on the respective local regulations. HRS shall therefore accept no responsibility for the accuracy of the price quoted.
If the currency selected by the Customer differs from the currency requested by the Provider, the prices in the hit list shall be displayed in the selected currency for better orientation. However, the local Accommodation currency stated in the price conditions shall be binding for the booking, so that exchange rate differences may occur.
The possibility of constantly updating the prices and bookings made in the meantime by other Customers via the HRS Internet Portal can occasionally lead to the prices on the Accommodation details page differing from the prices previously shown in the Accommodation list. The final price stated before the booking process shall be decisive for the Customer.
If required by the Accommodation Provider, a booking shall be forfeited on the day of scheduled arrival at 18:00 local time, unless such booking is guaranteed by the Customer. For this purpose, the credit card number, the validity period and other features of the credit card shall be required. A debit does not take place at the time of booking. If a credit card is deposited by the Customer, the Provider shall be entitled to rent the booked room to another party after 18:00 on the day of arrival. The deposit of a credit card number shall be explicitly indicated in the booking dialog. This information shall be sent to the Provider of the respective Accommodation and checked before the reservation is confirmed.
Under certain conditions, HRS shall provide the Customer with an individual digital environment for cashless payment of hotel and lodging services (“Pay Now”).
In this case, the Customer has the option, when booking a hotel and lodging service using Pay Now, to instruct HRS to make the payment of the payment amount owed by the Customer to the respective hotel. The order shall become effective when it is received by HRS. After that, the Customer can no longer revoke the order for payment.
HRS shall be obliged to initiate the execution of a Customer’s payment order if the following conditions are met: (1) An authorized payment order exists and has not been revoked; (2) The following information (“Payment data”) is available to HRS: Name of the originator, credit card information of the originator, validity period, scheme (e.g. Master or Visa), issuing bank, country, payment amount.
HRS shall have a claim for reimbursement of expenses against the Customer due to the payment to the affiliated Provider. The Customer’s credit card guarantees HRS payment of the claim for reimbursement of expenses. Should the credit card details check reveal that they are incorrect, or that the card cannot be charged, or that the means of payment does not have sufficient funds, HRS may cancel the booking;
HRS shall debit the means of payment specified by the Customer. It shall be the Customer’s duty to ensure that this means of payment has sufficient funds. HRS may use all means of payment available to the Customer to settle outstanding claims.
This charge shall provide the Customer with detailed information about the booking via the credit card statement. The exact scope of this information shall depend on the product offer or the technical capacities of the respective payment provider/credit card company.
HRS can assign an individual limit to each Customer. HRS shall reserve the right to suspend its services immediately if the Customer exceeds this limit.
HRS shall be entitled to charge a transaction fee for the use of Pay Now. This fee shall be displayed to the Customer during the booking and payment process and accepted by the Customer by using the payment function.
The Customer may revoke the payment order up until the expiry of the deadline for canceling the booking in question. If the Customer cancels the underlying booking, the payment order shall be automatically canceled. In the event of a valid cancellation of the booking, if the payment amount has been charged to the Customer, HRS will transfer this back to the Customer.
The Customer can only book the following hotel and lodging services and pay for them via Pay Now: (1) the provision of hotel rooms for overnight stay incl. breakfast; (2) transfer to and from the hotel (“shuttle service”); (3) the additional services (e.g. extra bed, WiFi); (4) the provision of parking spaces; (5) any overnight tax to be paid (also: “hotel tax” or “bed tax”);
HRS shall be entitled to refuse payment transactions if the booked services are to be classified differently than as stated above.
Payment in the Accommodation:
All costs of the Accommodation as well as additional services are to be paid by the Customer on site to the Accommodation Provider, unless the Customer has already paid via Pay Now at the time of booking.
Payment with Pay Now:
The hotels shall be instructed to issue the invoice to the Customer. The hotels shall also receive a “payment instruction” with the indication that the VCC is only available for the single individual booking and for the services specified under clause 3.1, provided that these have been claimed.
Should a hotel fail to issue a correct invoice within 14 days of check-out, HRS will make no further efforts to obtain an invoice and shall be entitled to debit the Customer’s account for the full amount charged to HRS and issue a self-bill. A VAT reclaim shall not be possible in this case. The Customer shall be free to contact the hotel directly in this regard in order to enforce direct invoicing.
HRS shall be entitled to engage external service providers, for example, for the provision of the contractual services, in particular also for the technical processing of the payment transaction itself. HRS will carefully select and monitor such a company.
All service providers shall be bound by instructions in force at HRS for the handling of technical payment transactions and shall be subject both to HRS’ authority to issue instructions and to its control.
HRS shall obligate the commissioned company and its employees to maintain the confidentiality of the Customer’s data to the same extent as HRS itself is obliged to do.
Furthermore, both HRS and the commissioned company, including their employees, shall be obliged to comply with the provisions of data protection law.
With regard to the proper provision of services, HRS shall reserve the right to make changes in the technical or organizational area that are based on a general, customary change in technical standards, the requirements of the banking industry or the statutory or supervisory regulations.
Depending on the Provider’s terms and conditions, the Customer shall be obliged to pay the agreed price for the Accommodation (or a partial amount thereof) after the reservation has been made if the reservation has not been canceled in time or the Accommodation has not been used without cancellation. The detailed cancellation conditions shall depend on the respective Provider and booking type and are stated separately in the respective booking dialog and accepted by the Customer.
To avoid misunderstandings, all amendments and cancellations must be made via the Account, unless otherwise agreed. This requires an entry directly via the Account or a message on the HRS telephone number +49 221 2077 600. Written notices must be sent to email@example.com or firstname.lastname@example.org no later than 24 hours before the Provider’s cancellation deadline. The timely receipt of the notification by HRS shall be decisive for the timeliness of the amendment or cancellation. The cancellation period is usually based on the local time of the reserved Accommodation. In the event of cancellation in due time and in accordance with the conditions, a cancellation confirmation will be issued. It is also proof of cancellation and must therefore be kept. Whether costs are incurred for the cancellation or amendment then depends on the respective booking or cancellation conditions of the Provider.
Amendments and cancellations shall be possible before the expiry of the cancellation period regulated in the respective applicable cancellation conditions. However, in the event of certain changes, such as a shortening of the stay, the Provider may claim any damages incurred. In the case of special prices, services and/or dates, as well as very short-term bookings, free cancellation is often excluded by the Providers.
In order to prevent misuse of the Internet Portal and not to burden the Provider unnecessarily with incorrect bookings, HRS shall reserve the right to cancel a reservation in individual cases if it is not possible to make a query under the contact details provided by the Customer or if the Provider refuses the booking due to frequent cancellations or no-shows in the past. In these cases, there shall be no entitlement to lodging. However, in order to avoid such a cancellation, the Customer usually has the option of making a booking by providing a credit card number.
HRS shall only collect, process and use the Customer’s personal data if consent has been given in this regard or if a legal provision permits the collection, processing or use of the data. HRS shall only collect, process and use data that is necessary for the provision of its services and the use and operation of the Internet Portal, the Account, Pay Now and/or the services offered on the Internet Portal.
Data shall only be transmitted to third parties to the extent necessary for a booking/reservation with the Provider selected by the Customer, payment for hotel and lodging services or for the provision of other services owed by HRS. This shall expressly include the disclosure to companies affiliated with HRS or other subcontractors for the purpose of carrying out the booking and payment of hotel and lodging services within the framework of corresponding contractual structures and within the framework of the applicable legal, in particular data protection, regulations.
Insofar as HRS has received the Customer’s e-mail address in the course of the booking or by registering for the closed area protected by individual Customer log-in, it shall use this under the statutory conditions for the purposes of electronic advertising for its own similar services.
The Customer may object to receiving electronic advertising at any time by sending an e-mail to email@example.com.
In addition, HRS shall reserve the right to create user profiles using pseudonyms for the purposes of advertising, market research and the needs-based design of the Internet Portal. The Customer can object to the creation of such a user profile at any time by sending a simple e-mail to firstname.lastname@example.org.
All of HRS’ own details have been compiled with the utmost care. However, no guarantee can be given for any errors in data collection or data transmission. The transfer of data to other data carriers, including excerpts thereof, or the use for purposes other than those provided for herein shall only be permitted with the express consent of HRS.
The information on the HRS Internet Portal shall be partly provided by the respective Providers, other Customers or third parties. Each Provider, Customer or third party shall bear sole responsibility for the accuracy, completeness and topicality of the information they post, including the prices and availabilities stated. In addition, they shall ensure that no content is posted that violates the rights of third parties. HRS cannot verify this information and therefore does not guarantee the accuracy, completeness, quality and legality of the use of the information.
HRS does not adopt these contents or the reviews of the Customers as its own. Rather, the Customer reviews exclusively reflect the personal opinion of the authors. HRS has no influence whatsoever on the form, content and the user IDs used in these review entries and therefore assumes no responsibility in this respect.
The arrangement of Accommodation via the HRS Internet Portal shall be free of charge for the Customer. At the same time, however, the Customer shall have no claim to the temporal and spatial availability of the services of HRS. HRS shall not be liable for (partial) interruptions and failures of the services due to repair, maintenance and update work or for other reasons that are either not within its direct sphere of influence or only insignificantly hinder the use of the services.
HRS shall not be liable for the realization of a booking. Likewise, HRS shall not be liable for any defects or damages arising in connection with the provision of the lodging service by the Provider. HRS shall not give any assurances with regard to the fulfillment of special wishes expressed by the Customer and shall not assume any guarantee in this respect.
The liability of HRS in other respects shall be excluded for all damages, irrespective of the legal grounds, insofar as the damages are not
If HRS is liable for the culpable breach of essential contractual obligations without gross negligence or intent, the entire liability of HRS shall be limited to such damages and such extent of damages whose occurrence HRS could typically foresee according to the circumstances known to it at the time of conclusion of the contract.
Warranty claims and claims for damages shall expire at the latest one year after the date on which the Customer became aware of the damaging event. This shall not apply to claims arising from tort.
German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. If the Customer is a consumer and a more favorable law applies in the country in which he has his habitual residence, he may invoke that law.
The online dispute resolution platform of the European Commission can be accessed via the following link Online-Streitbeilegung Plattform der Europäischen Kommission erreicht werden Online-Streitbeilegung | Europäische Kommission (europa.eu). HRS does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.
The use of the HRS Internet Portal and its contents is only permitted for the individual inquiry of Accommodation bookings. Automated inquiries are not permitted. The data material is protected by copyright, so that reproduction (in particular by automated reading out, so-called “scraping”) is prohibited. In particular, it shall also be prohibited to use the data material (such as, in particular, query results) for the purpose of subcontracting.
Links to websites of other companies (third-party providers) contained on this website shall be provided solely in the interest of the Customer. If the Customer clicks on such a link, he or she will leave the HRS website. HRS shall have no influence on the content of third-party websites. Therefore, the latter cannot assume any liability for the correctness, completeness and safety of these external contents.
HRS shall reserve the right to change these General Terms and Conditions of Use for Account holders with effect for the future. HRS shall send the updated General Terms and Conditions of Use to the Customer with an Account by e-mail at the latest four weeks before their planned entry into force and shall inform the Customer of the intended changes. If the Customer does not object within four weeks of receipt of the aforementioned notification, the new version of the General Terms and Conditions of Use shall be deemed accepted. HRS shall inform the Customer of the possibility to object as described above and of the consequences of failing to object.
If any provision of this agreement is invalid or unenforceable, the provision shall be arranged in a manner that is consistent with applicable law and comes as close as possible to the original intentions of the parties. The remaining part of this agreement shall remain unaffected.
The place of fulfillment is Cologne. With respect to businesspeople Cologne shall be agreed as the place of jurisdiction. Otherwise, the statutory place of jurisdiction shall apply.
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