General terms and conditions for the hotel accommodation contract

scope

1. 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 to the customer.
2. The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the hotel’s prior written consent.
3. The customer’s terms and conditions only apply if they have been agreed upon in advance.

Conclusion of contract, partner; Statute of limitations

1. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the room booking in writing. For reservations made via reservation agencies or hotel brokers (Internet, etc.) that exceed the number of 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 deadline (receipt of the amount on our account). If the customer does not comply with the reconfirmation requirement, the hotel reserves the right to cancel the entire reservation. Furthermore, the hotel reserves the right to make an advance payment by credit card etc. as a guarantee even when reserving individual rooms.
2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he or she is jointly and severally liable to the hotel together with the customer for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
3. If the hotel provides work services within the scope of the contractual relationship or enters into contracts with the customer for the delivery of newly manufactured items, any claims due to defects expire one year from the start of the statutory limitation period; for all other claims of the customer, the limitation period is 6 months. The above does not apply in the event of liability of the hotel for damages resulting from injury to life, body or health or liability for other damages that are based on an intentional or grossly negligent breach of duty by the hotel, its legal representatives or vicarious agents; In these cases, the statutory limitation periods apply.

Services, prices, payment, offsetting

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the hotel’s applicable or agreed prices for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. The agreed prices include the respective statutory VAT.
4. If the period between conclusion of the contract and fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by a maximum of 10%.
5. The prices can also be changed by the hotel 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.
6. Hotel invoices without a due date are payable without deductions within 7 days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand payment immediately. 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); We reserve the right to assert further damages.
7. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, 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 out in writing in a separate confirmation and are then part of the guest accommodation contract; this also applies to bookings made through third parties (travel agencies, hotel agents, incoming offices, internet reservation systems, etc.)
8. The customer can only set off or reduce a claim of the hotel or assert a right of retention with/because of an undisputed or legally binding claim.

Withdrawal of the customer (cancellation, cancellation)

1. A withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. If this does not occur, the agreed price from the contract must be paid even if the customer does not use the contractual services.
2. This does not apply in cases of a delay in performance by the hotel or an impossibility of providing the service for which it is responsible.
3. If a date for withdrawing from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering any claims for payment or damages from 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 there is a case of default on the part of the hotel or an impossibility of providing the service for which he is responsible.
4. If rooms are not used by the customer, the hotel must credit the income from renting the rooms elsewhere as well as the expenses saved.
5. The hotel is free to make a flat rate for the damage it incurs and is to be compensated by the customer. The customer is then obliged to pay 80% of the contractually agreed price for overnight stay with or without breakfast.
6. The customer is free to prove that no damage occurred or that the damage incurred by the hotel was lower than the flat rate required.

Cancellation of the hotel

1. If the customer’s right to withdraw within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw when asked by the hotel .
2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel has expired with the threat of rejection, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
4. force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible;
5. Rooms are booked with misleading or false information about essential facts, e.g. the identity of the customer or the purpose;
6. the hotel has reasonable cause to believe that the use of the hotel service may endanger the smooth business operations, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of the hotel.
7. there is a violation of the above section “Scope” paragraph 2.
8. The hotel must immediately inform the organizer of the exercise of the right of withdrawal and immediately reimburse the contractual partner’s consideration.
9. The organizer has no claim for damages against the hotel, except in the event of intentional or grossly negligent behavior on the part of the hotel, its legal representatives or vicarious agents.

Room preparation, handover and return

1. The customer does not acquire any right to the provision of specific rooms.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier availability.
3. On the agreed departure day, the rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. After that, the hotel can charge 80% of the full accommodation price (list price) for the additional use of the room until 6:00 p.m., in addition to the resulting damage, and 100% from 6:00 p.m. The customer is free to prove to the hotel that no damage or significantly lower damage was incurred.

Liability of the hotel

1. Unless these are essential contractual obligations (cardinal obligations) in the area of typical service, the hotel’s liability is limited to damages that are due to intent or gross negligence on the part of the hotel, its legal representatives or vicarious agents; This does not apply in the event of liability for damages resulting from injury to life, body or health. If disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption or to keep any possible damage to a minimum.
2. The hotel is liable to the customer in accordance with the statutory provisions for items brought in, which is up to one hundred times the room price, up to a maximum of EUR 3,500, and for money and valuables up to EUR 800. Money and valuables can be stored in the hotel or room safe up to a maximum value of EUR 5,000; In this case, the maximum liability limits specified in the previous sentence do not apply. The hotel recommends that you use this option.
3. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB).
4. The statutory provisions apply to the hotel’s unlimited liability.
5. If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a storage contract. The hotel is not liable if motor vehicles parked or maneuvered on the hotel property and their contents are lost or damaged, except in cases of intent or gross negligence. This also applies to the hotel’s vicarious agents.
6. Wake-up calls are carried out by the hotel with the greatest care. Claims for damages, except due to gross negligence or intent, are excluded.
7. Messages, mail and shipments of goods for guests are handled with care. The hotel takes care of delivery, storage and – if requested – forwarding of the same for a fee. Claims for damages, except due to gross negligence or intent, are excluded.

Final provisions

1. Changes or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.
2. Place of fulfillment and payment is Munich.
3. The exclusive place of jurisdiction for commercial transactions – including for checks and bill of exchange disputes – is the hotel’s registered office. If a contractual partner meets the requirements of Section 38 Paragraph 1 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office.
4. German law applies.
5. Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, this will not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.

As of: April 1st, 2024