AGB's

General terms and conditions for the hotel accommodation contract

Scope

These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer.

The subletting or further rental of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.

The customer’s terms and conditions only apply if they have been agreed upon in advance.

Conclusion of contract, contract partner; limitation period

The contract is concluded upon the hotel's acceptance of the customer's request. The hotel reserves the right to confirm the room booking in writing. For reservations made through reservation agencies or hotel intermediaries (internet, etc.) for more than five rooms, a separate confirmation from the hotel is required. Any reconfirmations and advance payments must be confirmed by the customer, or the advance payments must be paid by the due date (receipt of the amount in our account). If the customer fails to comply with the reconfirmation obligation, the hotel reserves the right to cancel the entire reservation. Furthermore, the hotel reserves the right to request an advance payment by credit card, etc., as a guarantee, even for individual room reservations.

The contracting parties are the hotel and the customer. If a third party makes a reservation on behalf of the customer, they are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.

To the extent that the hotel provides work services within the scope of the contractual relationship or concludes contracts with the customer for the delivery of newly manufactured items, any claims for defects shall expire one year from the start of the statutory limitation period; for all other claims of the customer, the limitation period is six months. The above does not apply in the event of the hotel's liability for damages resulting from injury to life, body, or health, or liability for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, its legal representative, or vicarious agent; in these cases, the statutory limitation periods apply.

Services, prices, payment, offsetting

The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

The customer is obligated to pay the applicable or agreed hotel prices for the room and any additional services used. This also applies to services and expenses incurred by the hotel for third parties at the customer's request.

The agreed prices include the applicable statutory VAT.

If the period between conclusion of the contract and fulfilment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 10%.

The hotel may also change prices if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.

Hotel invoices without a due date are payable within 7 days of receipt without deduction. The hotel is entitled to declare accrued claims due at any time and demand immediate payment. In the event of late payment, the hotel is entitled to charge default interest in accordance with Section 288 of the German Civil Code (BGB). The right to assert further claims for damages remains reserved.

The hotel is entitled, upon conclusion of the contract or thereafter, to request an appropriate advance payment or security deposit, taking into account the legal provisions for hotel bookings. The amount of the advance payment and the payment dates are determined by the hotel and can be set forth in a separate written confirmation. This then forms part of the guest accommodation contract. This also applies to bookings made through third parties (travel agencies, hotel brokers, incoming agencies, internet reservation systems, etc.).

The customer may only offset or reduce a claim against the hotel or assert a right of retention with/due to an undisputed or legally binding claim.

Customer withdrawal (cancellation, cancellation)

Any withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this consent is not obtained, the agreed price under the contract must be paid even if the customer does not use the contractual services.

This shall not apply in cases of delay in performance by the hotel or in cases of impossibility of performance for which the hotel is responsible.

If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless the hotel is in default of performance or is responsible for an impossibility.

If the customer does not use the rooms, the hotel must credit the income from renting the rooms to other guests as well as the expenses saved.

The hotel reserves the right to set a flat rate for the damages incurred and to be reimbursed by the customer. The customer is then obligated to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast.

The customer is free to provide evidence that no damage has occurred or that the damage incurred by the hotel is lower than the flat rate claimed.

Cancellation by the hotel

If the customer's right of withdrawal within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive his right of withdrawal upon request from the hotel.

If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the hotel with a threat of rejection, the hotel is also entitled to withdraw from the contract.

Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if

force majeure or other circumstances beyond the hotel's control make the fulfilment of the contract impossible;

Rooms are booked under misleading or false information about essential facts, e.g. the identity of the customer or the purpose;

the hotel has reasonable grounds to believe that the use of the hotel services may jeopardise the smooth running of the business, the safety or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation.

there is a violation of paragraph 2 of the "Scope" section above.

The hotel must immediately inform the organizer of the exercise of the right of withdrawal and immediately reimburse the contractual partner for any consideration.

The organizer shall not be entitled to claim damages from the hotel, except in the case of intentional or grossly negligent conduct on the part of the hotel, its legal representative or vicarious agents.

Room availability, handover and return

The customer does not acquire any right to the provision of specific rooms.

Booked rooms are available to the customer from 3:00 PM on the agreed arrival date. The customer is not entitled to earlier availability.

On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel may charge 80% of the full room rate (list price) for the additional use of the room until 6:00 p.m., and 100% after 6:00 p.m., in addition to any damages incurred. The customer is free to provide evidence to the hotel that no damage or significantly less damage was incurred.

Liability of the hotel

The hotel's liability, unless it concerns essential contractual obligations (cardinal obligations) in the area of typical services, is limited to damages resulting from intentional or grossly negligent conduct on the part of the hotel, its legal representative, or vicarious agents; this does not apply to liability for damages resulting from injury to life, limb, or health. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the customer. The customer is obligated to make a reasonable effort to remedy the disruption or to minimize any potential damage.

The hotel is liable to the customer for items brought into the hotel in accordance with statutory provisions, i.e., up to 100 times the room rate, up to a maximum of EUR 3,500, as well as for money and valuables up to a maximum of EUR 800. Money and valuables up to a maximum value of EUR 5,000 can be stored in the hotel or room safe; in this case, the maximum liability limits specified in the previous sentence do not apply. The hotel recommends making use of this option.

Liability claims expire if the customer does not notify the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB)

The statutory provisions apply to the hotel’s unlimited liability.

If a parking space is provided to the customer in the hotel garage or parking lot, even for a fee, this does not constitute a safekeeping contract. The hotel is not liable for the loss or damage of motor vehicles parked or maneuvered on the hotel property, including their contents, except in cases of intent or gross negligence. This also applies to the hotel's vicarious agents.

Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for cases of gross negligence or willful intent, are excluded.

Messages, mail, and goods destined for guests are handled with care. The hotel assumes responsibility for delivery, storage, and – upon request – forwarding of such items for a fee. Claims for damages, except for cases of gross negligence or intent, are excluded.

Final provisions

Any changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are invalid.

Place of performance and payment is Munich.

The exclusive place of jurisdiction – including for check and bill disputes – in commercial transactions is the registered office of the hotel. If a contractual partner meets the requirements of Section 38 Paragraph 1 of the Code of Civil Procedure and does not have a general place of jurisdiction within Germany, the place of jurisdiction shall be the registered office of the hotel.

German law applies

Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.

Status: January 1, 2020