§ 6263 BGB, such reason being present where contractual duties have been violated so seriously that continuation of the relationship cannot reasonably be expected. Whether a service defect in a restaurant or hotel constitutes such an important reason depends not only on general principles of service law but also on the specific circumstances of the establishment; what might be acceptable in a modest inn may be intolerable in a five-star hotel. Given that the plaintiff’s hotel was of a high standard, the guest could justifiably expect top-quality service, including courtesy and proper serving techniques. The court accepted the defendant’s assertion that the wine had been served too warm and that the remark made by the head waiter was inappropriate. The latter incident constituted an additional service failure. In an establishment of this calibre, politeness towards guests forms an essential part of the contractual obligation. Even if a guest’s complaint appears doubtful, it is customary, in both German and international hospitality practice, for the hotel staff to respond with courtesy and, where appropriate, an apology. Taken together, these repeated shortcomings in service—serving the wine too warm, the inadequate cooling method, and the head waiter’s discourteous response—constituted a significant reason under § 626 BGB justifying the defendant’s immediate termination of the service component of the accommodation contract. While the sales contract itself could not be terminated without legal cause, the principle of good faith in § 2424 BGB prevents requiring a guest, who has rightfully ended the service aspect of the contract, to pay for the wine. Therefore, the plaintiff could not claim payment or any partial remuneration for services provided, as these had become of no interest to the defendant within the meaning of § 6285 BGB. 3 “Termination without notice for a compelling reason 1. The service relationship may be terminated by either party to the contract for a compelling reason without complying with a notice period if facts are present on the basis of which the party giving notice cannot reasonably be expected to continue the service relationship to the end of the notice period or to the agreed end of the service relationship, taking all circumstances of the individual case into account and weighing the interests of both parties to the contract. 2. Notice of termination may only be given within two weeks. The notice period commences with the date on which the person entitled to give notice obtains knowledge of facts conclusive for the notice of termination. The party giving notice must notify the other party, on demand, of the reason for notice of termination without undue delay in writing.”. 4 “Performance in good faith An obligor has a duty to perform according to the requirements of good faith, taking customary practice into consideration.”. 5 “Partial remuneration and damages in case of termination without notice 1. If after commencement of performance of the service, the service relationship is terminated on the ground of section 626 or 627, then the person obliged to perform services may demand a part of XXIII
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