T&C

General Terms and Conditions for the Hotel Accommodation Contract

Scope of application

  1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer.
  2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
  3. The customer's terms and conditions shall only apply if these have been agreed in advance.

Conclusion of contract, contract partner; statute of limitations

  1. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the room reservation in writing. In the case of reservations made via reservation agencies, hotel brokers or via the Internet, a separate confirmation from the hotel is required; any reconfirmations and advance payments must be confirmed by the customer in return, or the advance payments must be paid by the deadline (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 make an advance payment by credit card etc. as a guarantee for individual room reservations.
  2. The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
  3. Insofar as the hotel provides work services within the framework of the contractual relationship or concludes contracts with the customer for the delivery of newly manufactured items, any claims for defects shall become statute-barred one year after the commencement of the statutory limitation period; for all other claims of the customer, the limitation period shall be 6 months. The above shall not apply in the event of liability of the hotel for damages arising from injury to life, body or health or liability for other damages based on an intentional or grossly negligent breach of duty by the hotel, its legal representative or vicarious agent; in these cases, the statutory limitation periods shall 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 applicable or agreed prices of the hotel 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 value added tax.
  4. If the period between conclusion and fulfillment of the contract exceeds 4 months and if 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%.
  5. The prices may 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 the guests' stay and the hotel agrees to this.
  6. Hotel invoices without a due date are payable in full within 7 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest on arrears in accordance with § 288 BGB; the right to claim further damages remains reserved.
  7. The hotel is entitled to demand a reasonable 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 then form part of the guest accommodation contract; this also applies to bookings via third parties (travel agencies, hotel brokers, incoming agencies, internet reservation systems, etc.)
  8. The customer may only offset or reduce or assert a right of retention against a claim of the hotel with/because of an undisputed or legally binding claim.

Withdrawal by the customer (cancelation)

  1. Withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services.
  2. This shall not apply in cases of delay in performance by the hotel or impossibility of performance for which the hotel is responsible.
  3. 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 incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless there is a case of default on the part of the hotel or an impossibility of performance for which it is responsible.
  4. If rooms are not used by the customer, the hotel must offset the income from renting the rooms to other parties.
  5. The hotel is at liberty to charge a lump sum for the damage incurred and to be compensated by the customer. The customer is then obliged to pay 100% of the contractually agreed price for accommodation with or without breakfast.
  6. The customer is at liberty to prove that no damage was incurred or that the damage incurred by the hotel is lower than the lump sum demanded.

 

Withdrawal of the hotel

  1. Insofar as the customer's right to withdraw from the contract within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon enquiry by the hotel.
  2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a warning of refusal has expired, 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 it impossible to fulfill the contract;
  5. rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
  6. the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization.
  7. there is a violation of the above section "Scope" paragraph 2.
  8. The hotel must inform the organizer of the exercise of the right of withdrawal without delay and reimburse the counter-performance of the contractual partner without delay.
  9. The organizer shall have no claim for damages against the hotel, except in the case of intentional or grossly negligent conduct on the part of the hotel, its legal representative or vicarious agent.


Room provision, handover and return

  1. The customer does not acquire any entitlement to the provision of specific rooms.
  2. Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
  3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may charge 100% of the full accommodation price (list price) for the additional use of the room until 6:00 p.m., and 100% from 6:00 p.m. onwards, in addition to the damage incurred by the hotel as a result. The customer is at liberty to prove to the hotel that it has incurred no or significantly less damage.


Liability of the hotel

  1. The hotel's liability is limited to damages caused by intent or gross negligence on the part of the hotel, its legal representative or vicarious agent, unless material contractual obligations (cardinal obligations) in the area of typical performance are concerned; this does not apply in the case of liability for damages resulting from injury to life, limb or health. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption or to minimize any possible damage.
  2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of EUR 3,500, and for money and valuables up to EUR 800. Money and valuables up to a maximum value of EUR 5,000 may be stored in the hotel or room safe; in this case, the maximum liability limits stated in the preceding sentence shall not apply. The hotel recommends making use of this option.
  3. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB)
  4. The hotel's unlimited liability is governed by the statutory provisions.
  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 safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.
  6. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
  7. Messages, post and consignments for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. Claims for damages, except for gross negligence or intent, are excluded.


Final provisions

  1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
  2. The place of performance and payment is Munich.
  3. The exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - is the registered office of the hotel in commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
  4. German law applies.
  5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

 

Status: June 01, 2008