for the Hotel Accommodation Contract
I. Scope of Application
1. These business conditions apply to contracts on the rented surrendering of hotel rooms for accommodation, and to all other services and deliveries of the Hotel (called “Hotel” in the following) performed for the Customer.
2. The sub-letting or re-letting of the surrendered rooms and their use for purposes other than that of accommodation require the prior written agreement of the Hotel, with the waiving of § 540 Paragraph 1 Clause 2 BGB, insofar as the Customer is not a consumer.
3. The business conditions of the Customer are only applicable if this has been expressly agreed in advance in writing.
II. Contract formation, contractual partners; statute of limitations
1. The contract is formed by the Hotel’s acceptance of the request of the Customer. It is at the Hotel’s discretion to confirm the room booking in written form.
2. The Contractual Partners are the Hotel and the Customer. If a third party has ordered for the Customer, he is liable toward the Hotel together with the Customer as joint debtor for all obligations arising from the hotel agreement, insofar as the Hotel has a corresponding declaration of the third party.
3. All claims against the Hotel become subject to the statute of limitations in one year from the start of the knowledge-dependent regular limitation period of § 199 I BGB. Compensation claims become subject to the statute of limitations in five years, irrespective of knowledge. The shortenings of the period of limitation do not apply to claims based on deliberate or grossly negligent violation of duties on the part of the Hotel.
III. Services, Prices, Payment, Offsetting
1. The Hotel is obliged to keep the room booked by the Customer available and to render the agreed services.
2. The Customer is obliged to pay the applicable and/or agreed prices of the Hotel for the surrendering of the room and the other services that he makes use of. This also applies to services and expenditures of the Hotel for third parties that have been prompted by the Customer.
3. The agreed prices include the respective legal value-added tax. If the period of time between the formation of the contract and fulfilment of the contract exceeds 4 months and if the price calculated by the Hotel for services of this kind increases, then this can raise the contractually agreed price by an appropriate amount, but by no more than 5%.
4. The prices can, furthermore, be altered by the Hotel if the Customer afterwards requests changes to the number of booked rooms, the service of the Hotel or the duration of stay of the guests and if the Hotel agrees to this.
5. Invoices of the Hotel without a due date are payable, without deduction, within 10 days of the receipt of the invoice. The Hotel is entitled to make payable accrued claims at any time and to demand immediate payment. In the case of a delay in payment, the Hotel is entitled to demand interest in the amount of 8% and/or, in the case of transactions in which a consumer is involved, 5% above the basic interest rate. The Hotel retains the right to prove a higher loss.
6. The Hotel is entitled, upon contract formation or afterwards, taking into account the legal conditions for package holidays, to demand an appropriate advance payment or surety. The amount of the advance payment and the payment dates can be agreed in written form in the contract.
7. The Customer can only offset or reduce a claim of the Hotel in the case of an undisputed or legally valid claim.
IV. Withdrawal of the Customer (i.e. countermanding, cancellation) / non-take-up of the services of the Hotel (no show)
1. A withdrawal of the Customer from the contract concluded with requires the written agreement of the Hotel. If this does not take place, then the agreed price form the contract is also to be paid if the Customer does not make use of contractual services. This does not apply in the case of the violation of the obligation of the Hotel to take into account rights, legally protected goods and interests of the Customer, if the latter can no longer be reasonably expected to adhere to the contract or is entitled to another legal or contractual right to withdraw.
2. If a deadline for withdrawal from the contract has been agreed in writing, the Customer can withdraw from the contract by this date without triggering payment claims or damages claims by the Hotel. The right of withdrawal of the Customer expires if he does not exercise his right to withdraw in writing toward the Hotel by the agreed deadline, insofar as a case of withdrawal according to Clause IV. Item 1 Clause 3 Withdrawal of the Customer.
3. In the case of rooms not made use of by the Customer, the Hotel is to charge and credit, respectively, the income that would otherwise have been accrued by the renting of the rooms and the saved expenses.
4. The Hotel is entitled to demand the contractually agreed remuneration and to compound the deduction for saved expenses. The Customer is in this case obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half board and 60% for full board arrangements. The Customer is free to prove that the above-named claim did not arise or did not arise in the amount being claimed.
V. Withdrawal of the Hotel
1. Insofar as a cost-free right of withdrawal of the Customer within a specified time limit has been agreed in writing, the Hotel is on its part entitled, in this period, to withdraw from the contract, if enquiries from other customers justify withdrawal from the contract, if enquiries of other customers exist for the contractually booked rooms and the Customer, upon being asked by the Hotel, does not waive his right of withdrawal.
2. If an advance payment that has been agreed or demanded according to III Item 6 is not paid, then the Hotel is also entitled to withdraw from the contract.
3. Furthermore, the Hotel is entitled to withdraw from the contract on extraordinary grounds, for an objectively justified reason, e.g.
- in the event that force majeure or other circumstances not the fault of the Hotel make the fulfilment of the contract impossible
- rooms are booked with the misleading or false statement of important facts, e.g. regarding the person or the purpose;
- the Hotel has justified grounds for the assumption that the utilisation of the hotel service may jeopardise the smooth running of business operations, the safety or the public reputation of the Hotel without this being attributable to the domain and/or organisational area of the Hotel.
- an infringement of the above-mentioned I. Item 2 exists.
4. In the case of the justified withdrawal of the Hotel, no claim arises on the part of the Customer for compensation.
VI. Provision, Handing Over and Returning of Rooms
1. The Customer does not acquire a claim to the provision of particular rooms.
2. Booked rooms are at the disposal of the Customer from 15.00 of the agreed day of arrival. The Customer has no claim to earlier provision.
3. On the agreed day of departure, the rooms are to be cleared and made available to the Hotel by 12.00 at the latest. After this time, the Hotel can, due to the delayed clearing of the room, make a charge for use exceeding that which has been contractually agreed: until 18.00, 50% of the full lodging price (list price), and from 18.00, 100%. Contractual claims of the Customer are not hereby justified. The Customer is free to prove that Hotel is entitled to no or substantially less claim to a usage fee.
VII. Liability of the Hotel
1. The Hotel is liable for taking the due care of a diligent businessman for its obligations arising from the contract. Claims of the Customer for compensation are ruled out. Exceptions to this are losses arising from injuries to life, body or health, if the violation of obligations is the fault of the Hotel, and other losses, that are due to a deliberate or grossly negligent violation of duty by the Hotel. A violation of duty by a representative or auxiliary of the Hotel is equivalent to such a violation by the Hotel. If disruptions or defects occur in the services of the Hotel, the Hotel will endeavour to remedy this, upon becoming aware of this or in the event of a complaint, without delay, by the Customer. The Customer is obliged to contribute what can be reasonably expected of him to remedy the disruption and to keep a possible loss low.
2. According to the legal regulations, the Hotel is liable toward the Customer for items brought by the Customer up to one hundred times the room price, € 3.500.00 at most, and for money, securities and precious objects up to € 800.00. Money, securities and precious objects can be kept in the hotel safe or room safe up to a maximum value of € 7,500.00. The Hotel recommends making use of this option. The liability claims expire if the Customer does not inform the hotel without delay immediately after becoming aware of loss, destruction or damaging (§ 703 BGB). The above Section 1 Clause 2 to 4 applies accordingly to a further liability of the Hotel.
3. Insofar as a space in the hotel garage or in hotel parking area has been put at the disposal of the Customer, also if this is against a fee, no safekeeping contract is formed by this. The Hotel is not liable for the loss or damaging of motor vehicles, and their contents, parked or ranked on the hotel land, except in the case of intent or gross negligence. This also applies to auxiliaries of the hotel. Above Section 1 Clause 2 to 4 applies accordingly.
4. Wake-up requests are carried out by the Hotel with the greatest care. Messages, post and shipments of goods for the guests shall be treated with care. The Hotel takes over the delivery, storage and – upon request and against a fee – the forwarding of such items. Above Section 1 Clause 2 to 4 applies accordingly.
VIII. Closing Provisions
1. Changes or amendments to the contract, the acceptance proposal or these business terms and conditions for hotel accommodation/reception are to take place in writing. Unilateral changes or amendments by the Customer are ineffective.
2. The place of fulfilment and payment is the place of business of the respective hotel.
3. The exclusive place of jurisdiction – including for disputes about cheques and bills of exchange – is Munich in commercial dealings. If a contact partner fulfils the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the place of business of the Hotel.
4. German law applies. The application of UN sales law and of conflict of laws is ruled out.
5. If individual conditions of these general terms and conditions for hotel accommodation/reception be or become ineffective or void, the effectiveness of the remaining conditions is hereby unaffected. In addition, the legal regulations apply.