General terms and conditions
1.1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries of the hotel (hotel accommodation contract) provided in this connection for the customer. The term “hotel accommodation contract” covers and replaces the following terms: accommodation, hospitality, hotel, hotel room contract.
1.2. The subcontracting or re-letting of the rooms and the use thereof for purposes other than hotel accommodation require the prior consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) is excluded if the customer is not a consumer.
1.3. General terms and conditions of business of the customer apply only if this has been expressly agreed previously.
2. Termination of contract, participation, period
2.1. Contractual partners are the hotel and the customer. The contract is concluded by acceptance of the customer’s request by the hotel. The hotel is free to confirm the room booking in text form.
2.2. All claims against the hotel are subject to a limitation period of one year from the statutory start of limitation. This does not apply to claims for damages and other claims, if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3. Services, prices, payment, deposit
3.1. The hotel is obliged to keep the rooms booked by the customer and to provide the agreed services.
3.2. The customer is obligated to pay the prices of the hotel agreed or valid for the room transfer and the other services used by him. This also applies to services provided by the customer directly or via the hotel, which are provided by a third party and are charged by the hotel.
3.3. The agreed prices are inclusive of taxes and local taxes applicable at the time of conclusion of the contract. Local tax is not included, which is payable by the guest according to the respective local law, such as tourist tax. If the statutory value-added tax or the new introduction, change or abolition of local taxes on the object of performance after the contract is amended, the prices are adjusted accordingly. In the case of contracts with consumers, this applies only if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s performance or the length of stay of the customer dependent on the price of the rooms and / or the hotel’s other services.
3.5. Invoices of the hotel without due date are payable within 10 days of receipt of the invoice without deduction. The hotel can demand the immediate payment of due receivables from the customer at any time. In case of default of payment of the customer, the legal regulations apply. The hotel reserves the right to prove higher damages.
3.6. The hotel is entitled to require a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, upon conclusion of the contract by the customer. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The statutory provisions shall remain unaffected in the case of prepayments or security payments for package tours. In case of default of payment of the customer, the legal regulations apply.
3.7. In justified cases, for example the client ‘s payment arrears or extension of the scope of the contract, the hotel is entitled to make an advance payment or security deposit as defined in clause 3.6 above or an increase in the advance payment or security agreed in the contract until the start of the stay Remuneration.
3.8. The hotel is also entitled, at the beginning and during the stay, to demand from the customer an appropriate advance payment or security deposit as defined in section 3.6 for existing and future claims from the contract insofar as such has not already been provided in accordance with clause 3.6 and / or clause 3.7 above has been.
3.9. The customer can only offset or offset against a claim of the hotel with an undisputed or legally binding claim.
4. Cancellation of the customer / non-responsibility of the hotel services (no show)
4.1. A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal aswell as the possible agreement to a contract cancellation should be made in textform.
4.2. If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until then, without triggering payment or damage claims of the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the contract by the agreed date.
4.3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel has to take into account the income from other rental of the rooms as well as the saved expenses. If the rooms are not otherwise rented, the hotel may charge the deduction for expenses saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim was not incurred or not in the required amount.
5. Cancellation of the hotel
5.1. If it is agreed that the customer can cancel the contract free of charge within a certain period, the hotel is entitled in this period to cancel the contract if other customers’ requests for the contractually booked rooms are available, and the customer is requested to request the hotel with an appropriate deadline On his right to rescind the contract.
5.2. If a prepayment or security deposit agreed or requested in accordance with section 3.6 and / or clause 3.7 is not provided even after the expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3. Furthermore, the hotel is entitled to cancel the contract for materially justifiable reasons, in particular if
- Force majeure or other circumstances beyond the control of the hotel render the fulfillment of the contract impossible;
- Rooms or rooms may be culpably booked with misleading or false indication or concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay may be essential;
- The hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation, security or reputation of the hotel in the public without being attributable to the hotel’s sphere of control or organization;
- The purpose or reason of the stay is illegal;
- There is a violation of the aforementioned clause 1.2.
5.4. The justified rescission of the hotel does not constitute a claim of the customer for damages.
6. Room requirement, transition and return
6.1. The customer is not entitled to the provision of certain rooms, unless this has been expressly agreed.
6.2. Booked rooms are available to the customer from 3 pm on the agreed arrival day. The customer is not entitled to any earlier provision.
6.3. On the agreed day of departure, the rooms are to be vacated by the hotel at 12:00 noon. Thereafter, the hotel may charge 50% of the full price (list price) up to 18:00 hours due to the late evacuation of the room for its contractual use, starting from 18:00 hours 90%. Contractual claims of the customer are not justified thereby. The exhibitor is free to prove that the hotel has not received any or a significantly lower claim for usage charges.
7. Liability of the hotel
7.1. The hotel is liable for damage caused by injury to life, body or health. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on intentional or negligent breach of contractual obligations of the hotel A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause 7. Should faults or deficiencies in the services of the hotel occur, the hotel will endeavor to remedy the situation if the customer is aware of it or if the customer’s complaint is prompt. The customer is obligated to contribute to the reasonable, in order to remedy the disturbance and keep a possible damage low.
7.2. The hotel shall be liable to the client for any claims brought in, in accordance with the legal provisions. The hotel recommends the use of the hotel or room. If the guest wishes to collect money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, a separate storage agreement with the hotel is required.
7.3. If a parking space is made available to the customer in the hotel garage or on the hotel parking lot, also for a fee, no deposit agreement is concluded. The hotel is only liable in the case of loss or damage to motorized vehicles parked or parked on the hotel premises and their contents, only in accordance with section 7.1, sentences 1 to 4 above.
7.4. Wake-up calls are handled by the hotel with the utmost care. Messages, mail and guest deliveries are treated with care. The hotel accepts the delivery, storage and – upon request – for the remittance of the same. The hotel shall only be liable in accordance with the provisions of clause 7.1, sentences 1 to 4 above.
8.1. Amendments and supplements to the contract, the acceptance of the application or these general terms and conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.
8.2. Place of performance and exclusive jurisdiction, including for checks and bills of exchange, shall be the commercial court of the Landgericht München II. If a contractual partner fulfills the requirement of § 38 paragraph 2 ZPO and does not have a general jurisdiction in Germany, Munich, Germany II.
8.3. German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods and Collision Law is excluded.
8.4. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.