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terms and conditions

TABLE OF CONTENTS


  1. SCOPE
  2. CONCLUSION OF CONTRACT, PARTIES
  3. SERVICES, PRICES, PAYMENT, OFFSETTING
  4. CUSTOMER’S WITHDRAWAL/TERMINATION (“CANCELLATION”) & NO-SHOW
  5. HOTEL’S WITHDRAWAL
  6. ROOM AVAILABILITY, HANDOVER, AND RETURN
  7. HOTEL’S LIABILITY
  8. FINAL PROVISIONS

  1. 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 in connection with this (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a of the German Civil Code (BGB). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest reception, hotel, hotel room contract.
    2. The subletting or re-renting of the provided rooms, as well as their use for purposes other than accommodation, require the prior consent of the hotel in written form, with the right of termination pursuant to § 540 paragraph 1 sentence 2 BGB being waived.
    3. The customer’s general terms and conditions apply only if expressly agreed upon in written form.

  1. CONCLUSION OF CONTRACT, PARTIES

    2. The parties to the contract are the hotel and the customer. The contract is formed by the acceptance of the customer’s offer by the hotel. In the case of booking through the hotel’s own website, the contract is concluded by clicking the “PAY OBLIGATION BOOK” button.

  1. SERVICES, PRICES, PAYMENT, OFFSETTING

    1. The hotel is obligated to provide the rooms booked by the customer and deliver the agreed-upon services.
    2. The customer is obligated to pay the prices agreed upon or applicable for the room accommodation and other services used by them. This also applies to services directly commissioned by the customer or through the hotel, which are provided by third parties and incurred by the hotel.
    3. The agreed prices include taxes and local charges applicable at the time of contract conclusion. Excluded are local charges owed by the guest according to the respective municipal law, such as tourist taxes. Prices will be adjusted accordingly in the event of changes in the statutory value-added tax or the introduction, modification, or abolition of local charges on the subject matter of the contract after contract conclusion. This applies only to contracts with consumers if the period between contract conclusion and contract fulfillment exceeds four months.
    4. If payment by invoice is agreed upon, payment must be made – unless otherwise agreed – within ten days of receipt of the invoice without deduction.
    5. The hotel is entitled, at the time of contract conclusion, to request a reasonable advance payment or security deposit from the customer, for example, in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in the contract in written form. In the event of customer default in payment, the statutory regulations apply.
    6. In justified cases, such as customer payment arrears or an expansion of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit pursuant to the above Section 3.5 or an increase in the agreed-upon advance payment or security deposit up to the full agreed-upon compensation, even after contract conclusion and before the start of the stay.
    7. The hotel is also entitled, at the beginning and during the stay, to request a reasonable advance payment or security deposit pursuant to the above Section 3.5 for existing and future claims arising from the contract, to the extent that such payment has not already been made in accordance with the above Sections 3.5 and/or 3.6.
    8. The customer can only offset or set off against a hotel’s claim with an undisputed or legally established claim.
    9. The customer agrees to receive the invoice electronically.

  1. CANCELLATION/TERMINATION (“CANCELLATION”) BY THE CUSTOMER & NO-SHOW

    1. Unilateral termination of the contract by the customer with the hotel is only possible if a right of withdrawal is expressly agreed upon in the contract or if there is a statutory right of withdrawal or termination.
    2. If a mutually agreed-upon deadline for free withdrawal from the contract is established between the hotel and the customer, the customer may withdraw from the contract until that date without triggering payment or damages claims from the hotel. The customer’s right of withdrawal expires if not exercised in written form to the hotel by the agreed-upon deadline.
    3. If no right of withdrawal is agreed upon or has already expired, and there is no statutory right of withdrawal or termination, the hotel retains the right to the agreed compensation despite non-utilization of the service. The hotel must credit the income from the alternative rental of rooms as well as the saved expenses. If the rooms are not rented out elsewhere, the hotel may calculate the deduction for saved expenses as a lump sum. In this case, the customer is obligated to pay 100% of the contractually agreed-upon price for overnight stays with or without breakfast, as well as for package deals with external services, 100% for half-board, and 100% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required extent.

  1. CANCELLATION BY THE HOTEL

    1. If it has been agreed that the customer can withdraw from the contract free of charge within a specific period, the hotel is also entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms, and the customer, upon the hotel’s inquiry with a reasonable deadline, does not waive his right to withdraw. This applies accordingly when an option is granted, inquiries from others are pending, and the customer, upon the hotel’s inquiry with a reasonable deadline, is not ready to make a firm booking.
    2. If an advance payment or security deposit, as agreed upon or demanded in accordance with Sections 3.5 and/or 3.6, is not made even after the hotel has set a reasonable grace period, the hotel is also entitled to withdraw from the contract.
    3. Furthermore, the hotel is entitled to withdraw from the contract for a justified reason, especially if:
      • force majeure or other circumstances not attributable to the hotel make the fulfillment of the contract impossible;
      • rooms or spaces are booked with misleading or false information or the suppression of essential facts; essential in this regard may be the customer’s identity, solvency, or purpose of stay;
      • the hotel has justified cause to believe that the use of the service may jeopardize the smooth operation of the business, the safety, or the reputation of the hotel in the public eye, without this being attributable to the hotel’s sphere of control or organization;
      • the purpose or occasion of the stay is unlawful;
      • a violation of the above-mentioned Section 1.2 is present.
    4. The justified cancellation by the hotel does not give rise to a customer’s claim for damages. If, in the case of cancellation under the above Sections 5.2 or 5.3, the hotel has a claim for damages against the customer, the hotel may quantify it as a lump sum. Section 4.3 applies accordingly in this case.

  1. ROOM AVAILABILITY, HANDOVER, AND RETURN

    1. The customer has no entitlement to the provision of specific rooms unless expressly agreed upon in written form.
    2. Booked rooms are available to the customer from 3:00 PM on the agreed-upon arrival day. The customer has no entitlement to earlier availability.
    3. On the agreed-upon departure day, the rooms must be vacated and made available to the hotel no later than 11:00 AM. After that, due to the delayed vacating of the room, the hotel can invoice 50% of the full room rate (price according to the price list) until 6:00 PM and 100% from 6:00 PM onwards for the contract-overlapping use. This does not establish contractual claims for the customer. The customer is free to prove that the hotel incurred no claim for use fee or a significantly lower claim.

  1. HOTEL’S LIABILITY

    1. The hotel is liable for damages caused by it in violation of life, body, or health. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent violation of contractual obligations typical for the contract. Contractual obligations are those duties that enable the proper execution of the contract and on whose fulfillment the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, unless otherwise regulated in this Section 7, are excluded. In case of disruptions or defects in the hotel’s services, the hotel, upon knowledge or immediate complaint by the customer, will strive to remedy the situation. The customer is obliged to contribute what is reasonable for him to do to remedy the disruption and minimize any possible damage.
    2. The hotel is liable for items brought in by the customer in accordance with statutory provisions. If the customer wishes to bring in cash, securities, and valuables with a value exceeding 800 euros, or other items with a value exceeding 3,500 euros, this requires a separate storage agreement with the hotel.
    3. If the hotel provides a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a custodial contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel is only liable in accordance with the above Section 7.1, sentences 1 to 4.
    4. Wake-up calls are carried out by the hotel with care. Messages for customers are handled with care. With prior arrangement with the customer, the hotel may accept, store, and, upon request, for a fee, forward mail and packages. The hotel is liable in this regard only in accordance with the above Section 7.1, sentences 1 to 4.

  1. FINAL PROVISIONS

    1. Changes and additions to the contract, acceptance of applications, or these General Terms and Conditions should be made in written form. Unilateral changes or additions are ineffective.
    2. If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Munich. However, the hotel may also sue the customer at their place of business. The same applies in each case to customers who do not fall under sentence 1, if they do not have their place of business or residence in a member state of the EU.
    3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
    4. In accordance with legal obligations, the hotel points out that the European Union has established an online platform for the extrajudicial resolution of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/
      However, the hotel does not participate in dispute resolution proceedings before consumer arbitration bodies.