Overnight Stay in the Heart of Munich » Central & Quiet «
1 AREA OF APPLICATION
1.1 These General Business Terms and Conditions apply to contracts on the provision for rental use of hotel rooms for lodging and to all other services and supplies provided to the customer by the hotel in this connection (Hotel Accommodation Contract). They do not apply to package travel within the meaning of section 651a German Civil Code (BGB). The term “Hotel Accommodation Contract” encompasses and replaces the following terms: lodging, guest accommodation, hotel and hotel room contract.
1.2 The sub-letting or re-letting of the rooms provided for use and the use thereof for any purposes other than those of lodging is subject to the prior consent of the hotel in text form, whereby the right to terminate pursuant to section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded.
1.3 General business terms and conditions of the customer shall only be applicable if this has been explicitly agreed in text form.
2 CONCLUDING THE CONTRACT, CONTRACT PARTIES
The hotel and the customer are the parties to the contract. The contract is concluded by acceptance by the hotel of the application made by the customer. If the booking is made via the hotel’s own web page, the contract is concluded by clicking the button “Book with obligation to pay” confirming the reservation and the customer’s obligation to pay.
3 SERVICES, PRICES, PAYMENT, OFF-SET
3.1 The hotel is obliged to keep the rooms reserved by the customer available and to render the services agreed.
3.2 The customer is obliged to pay the hotel’s prices that are agreed for or applicable to the provision of the room for use and to other services used by the customer. This also applies to services ordered by the customer either directly or through the hotel which are per-formed by third parties and paid for in advance by the hotel.
3.3 The prices agreed are inclusive of the taxes and local taxes applicable at the time when the contract is concluded. They do not include local taxes such as local visitor’s tax [Kurtaxe] which the guest owes himself or herself under local community law. The prices shall be adjusted accordingly in the event of changes to the statutory value added tax or of the introduction, change or elimination of local taxes on the subject matter of the contract after the contract has been entered into. In the case of contracts with con-sumers, this only applies if the period of time elapsing between the date of conclusion of the contract and the date of performance of the contract is longer than four months.
3.4 If payment on account has been agreed, payment shall be made without deduction immediately after receipt of the invoice, unless otherwise agreed. Any bank transfer costs shall be borne by the customer.
3.5 When the contract is entered into, the hotel has the right to request a reasonable advance payment or security 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 in the contract in text form. The provisions of statute shall apply in the event of late payment by the customer.
3.6 In justified cases, for example if the customer is in arrears in payment or if the scope of the contract is extended, the hotel has the right to demand, even after the contract has been concluded up until the time when the residence commences, advance payment or security as set out in subsection 3.5 above or an increase in the amount of the advance payment or security agreed in the contract up to the full amount of the remuneration agreed.
3.7 Further, the hotel has the right to request, at the beginning and during the course of the customer’s stay, a reasonable advance payment or security within the meaning of sub-section 3.5 above for existing and future claims under the contract, insofar as no such payment or security has already been made or provided pursuant to subsection 3.5 and/or 3.6 above.
3.8 The customer may only offset or net out an undisputed claim or a claim established by final and absolute court decision against a claim of the hotel.
3.9 The customer is in agreement with the invoice being sent to the customer by electronic transmission.
4 REVOCATION/ TERMINATION (“CANCELLATION”) BY THE CUSTOMER NO USE OF THE HOTEL SERVICES “NO SHOW”
4.1 It is only possible for the customer to unilaterally dissolve the contract concluded with the hotel if a revocation right has been explicitly agreed in the contract or if there is a statutory revocation right or termination right.
4.2 If the hotel and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the hotel. The customer’s revocation right expires if the customer does not exercise this right vis-à-vis the hotel in text form by the agreed deadline.
4.3 If no revocation right has been agreed or if it has already expired, and if there is no statu-tory right of revocation or termination either, then the hotel retains its entitlement to the remuneration agreed although the service was not used. The hotel shall offset income from otherwise letting the rooms and saved expenditures. If the rooms are not otherwise let, the hotel can apply a flat rate for the saved expenditures. In this case the customer is obliged to pay 90% of the contractually-agreed price for overnight accommodation with or without breakfast and for package deals with third-party services, 70% for half board and 60% for full board. The customer is at liberty to demonstrate that the above claim did not arise or not in the amount claimed.
5 REVOCATION BY THE HOTEL
5.1 If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the hotel has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved rooms and if the customer does not waive its revocation right after a request is made by the hotel and a reasonable time period set. This shall apply accordingly if the customer has been granted an option and if other inquiries are made and the customer is not pre-pared to make a firm booking after a request is made by the hotel and a reasonable time period set.
5.2 The hotel also has the right to revoke the contract if an advance payment or security agreed or required in accordance with subsection 3.5 and/or subsection 3.6 has not been paid after an appropriate period of grace set by the hotel has expired.
5.3 Further, the hotel has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of
– force majeure or other circumstances for which the hotel is not responsible, which ren-der performance of the contract impossible;
– rooms and spaces being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
– the hotel having reasonable grounds to assume that the use of the service can jeop-ardize the smooth running of the business, the safety or public reputation of the hotel without this being attributable to the area of responsibility or organization of the hotel;
– the purpose of or the reason for the stay being in violation of the law;
– a breach of subsection 1.2.
5.4 Revocation by the hotel that is justified does not give the customer the right to claim damages. If, in the event of revocation under subsection 5.2 or 5.3 above, the hotel has a claim for damages against the customer, the hotel can claim this as a flat rate. In this case, subsection 4.3 shall apply accordingly.
6 MAKING THE ROOM AVAILABLE, HANDOVER AND RETURN
6.1 The customer does not acquire a right to the provision of specific rooms unless this has been explicitly agreed in text form.
6.2 The reserved rooms shall be available for use by the customer with effect from 4 p.m. on the agreed date of arrival. The customer has no right to earlier availability.
6.3 The rooms shall be vacated and available for use by the hotel by 11 a.m. at the latest on the agreed departure date. Upon request and subject to availability, a later departure (late check-out) can be arranged with the hotel in advance. If the hotel agrees to a late check-out, the hotel is entitled to charge a previously determined price for the additional use of the room. For departures after 3 p.m., the full daily rate of the room will be charged. There is no contractual entitlement to a late check-out.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations on the part of the hotel. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which 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 are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to rectify the disruption and to keep possible damage to a minimum.
7.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel safe. If the customer wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate safekeeping agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel car park, even for a fee, this does not result in a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4 Wake-up calls are made with great care by the hotel. Messages for customers are treated with care. After prior agreement with the customer, the hotel can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
8 LIABILITY OF THE GUEST/CONTRACTING PARTNER
8.1 The hotel only offers non-smoking rooms, therefore a general smoking ban applies in all hotel rooms and public areas of the hotel. In the event of a violation of the smoking ban by the guest, the hotel shall be entitled to claim a lumpsum compensation from the customer in the amount of EUR 150.00 as compensation for cleaning measures, unless the customer proves that the hotel has actually incurred no or lower damages. The hotel is at liberty to prove higher damages and to assert a corresponding claim for damages.
8.2 The customer is liable in case of disturbance of the peace and damage to hotel property and bears the associated costs. The hotel and the shift leader on duty have the domiciliary rights. In the event of disturbance of the peace or general disturbance of other guests, the shift leader on duty may expel the perpetrator from the premises.
8.3 In the event of loss of keys, the Customer shall be liable for an amount of EUR 150.00
8.4 Bringing a pet requires the consent of the hotel. The guest is obliged to announce the wish to bring a pet in advance. If the hotel agrees to the pet being brought along, this is subject to the condition that the pet is under the constant supervision of the guest and is free of illnesses and otherwise poses no danger to the hotel guests and the hotel staff. Pets are not allowed at breakfast. An exception to this, however, are guide dogs, deaf dogs and other comparable service dogs. These can be carried with you at all times. There is a fee of EUR 10.00 per night for the pet.
9 FINAL PROVISIONS
9.1 Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective.
9.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Munich. The hotel can also sue the customer at the customer’s place of business. The same applies to customers who do not fall under sentence 1 if their regis-tered office or place of residence is not in an EU member state.
9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
9.4 In compliance with its statutory obligation the hotel points out that the European Union has set up an online platform for the extrajudicial resolution of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/ The hotel does not, however, participate in dispute resolution proceedings held before consumer dispute resolution bodies.
As of: February 2023
© Hotelverband Deutschland (IHA) e.V. and FHM Brunnenhof GmbH
Overnight Stay in the Heart of Munich » Central & Quiet «