AGBs

GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS

1. SCOPE OF APPLICATION

1.1 These General Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation purposes and to all other services and goods provided by the Hotel to the Customer in connection therewith (Hotel Accommodation Contract). They do not apply to package travel arrangements within the meaning of Section 651a of the German Civil Code (BGB). The term “Hotel Accommodation Contract” includes and replaces the terms accommodation contract, guest accommodation contract, hotel contract, and hotel room contract.

1.2 The subletting or further rental of rooms provided to the Customer, as well as their use for purposes other than accommodation, requires the Hotel's prior consent in text form. The right of termination pursuant to Section 540 (1), sentence 2, of the German Civil Code (BGB) is hereby excluded.

1.3 The Customer's general terms and conditions shall apply only if expressly agreed upon in text form.

2. CONCLUSION OF CONTRACT AND CONTRACTING PARTIES

The contracting parties are the Hotel and the Customer. The contract is concluded when the Hotel accepts the Customer's booking request. For bookings made through the Hotel's own website, the contract is concluded when the Customer clicks the button labeled “BOOK WITH OBLIGATION TO PAY.”

3. SERVICES, PRICES, PAYMENT, AND SET-OFF

3.1 The Hotel is obligated to make the rooms booked by the Customer available and to provide the agreed services.

3.2 The Customer is obligated to pay the Hotel's agreed or applicable prices for the rooms provided and for any additional services used. This also applies to services commissioned by the Customer directly or through the Hotel, provided by third parties, and paid for in advance by the Hotel.

3.3 The agreed prices include all taxes and local charges applicable at the time the contract is concluded. They do not include local charges payable directly by the guest under applicable municipal law, such as a visitor's tax. If the statutory value-added tax changes, or if local charges applicable to the services are introduced, amended, or abolished after the contract has been concluded, the prices shall be adjusted accordingly. For contracts with consumers, this provision applies only if more than four months elapse between the conclusion of the contract and the provision of the services.

3.4 If payment by invoice has been agreed upon, payment shall be made in full, without deductions, within ten days of receipt of the invoice, unless otherwise agreed.

3.5 The Hotel is entitled to require an appropriate advance payment or security deposit from the Customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment deadlines may be agreed upon in text form. In the event of late payment by the Customer, the applicable statutory provisions shall apply.

3.6 In justified cases, such as overdue payments by the Customer or an expansion of the scope of the contract, the Hotel is entitled, even after the contract has been concluded and until the beginning of the stay, to require an advance payment or security deposit as described in Section 3.5, or to increase an advance payment or security deposit already agreed upon, up to the full amount of the agreed compensation.

3.7 Furthermore, at the beginning of and during the Customer's stay, the Hotel is entitled to require an appropriate advance payment or security deposit as described in Section 3.5 to cover existing and future claims arising from the contract, provided that such payment or security has not already been furnished pursuant to Sections 3.5 and/or 3.6.

3.8 The Customer may offset or set off a claim against a claim of the Hotel only if the Customer's claim is undisputed or has been established by a final, legally binding court decision.

3.9 The Customer agrees that invoices may be transmitted electronically.

4. CANCELLATION / WITHDRAWAL / FAILURE TO ARRIVE (“NO-SHOW”) BY THE CUSTOMER

4.1 General Provisions

The Customer may unilaterally withdraw from the accommodation contract concluded with the Hotel only if a corresponding right of withdrawal has been contractually agreed upon or if a statutory right of withdrawal exists.

If no such right exists or if it is not exercised within the applicable deadline, the Hotel generally retains its right to receive the agreed payment. Any expenses saved by the Hotel and any revenue generated from renting the rooms to other guests shall be taken into account accordingly.

4.2 Cancellation Policy for Individual Reservations (Up to 4 Rooms)

Unless otherwise agreed upon at the time of booking, the following cancellation terms shall apply:

Up to 2 days prior to arrival: Free cancellation until 6:00 PM (local hotel time).
After the cancellation deadline: 100% of the agreed room rate for the canceled room nights.
In the event of a no-show: 100% of the agreed room rate for the unused room nights.

Separately agreed meal services shall be charged taking into account any expenses saved by the Hotel.

4.3 Cancellation Policy for Group Reservations (5 Rooms or More)

For reservations of five or more rooms, the following cancellation terms shall apply unless expressly agreed otherwise:

Up to 30 days prior to arrival: Free cancellation.
29 to 15 days prior to arrival: 50% of the agreed room rate.
14 to 7 days prior to arrival: 75% of the agreed room rate.
Less than 7 days prior to arrival or in the event of a no-show: 90% of the agreed room rate.

The cancellation charges stated above apply exclusively to the room nights actually canceled. Any expenses saved by the Hotel and any revenue generated from renting the rooms to other guests shall be taken into account.

4.4 Cancellation in Text Form

Cancellations must be submitted to the Hotel in text form (e.g., by email). The date and time the Hotel receives the cancellation notice shall determine whether the applicable cancellation deadline has been met.

4.5 Proof of Lesser Damages

The Customer expressly retains the right to demonstrate that the Hotel has incurred no loss or that the actual loss or payment claim is substantially lower than the applicable cancellation charge.

4.6 Special Booking Conditions

Different cancellation terms may apply to special offers, non-refundable rates, trade fair periods, major events, and individually negotiated group reservations, provided that such terms have been expressly communicated to the Customer prior to the conclusion of the contract and have been validly agreed upon.

5. WITHDRAWAL BY THE HOTEL

5.1 If it has been agreed that the Customer may withdraw from the contract free of charge within a specified period, the Hotel is likewise entitled to withdraw from the contract during that period if other customers inquire about the rooms booked under the contract and the Customer, upon request by the Hotel and within a reasonable deadline set by the Hotel, does not waive the right of withdrawal.

The same applies if an option has been granted and other inquiries have been received, provided that the Customer, upon request by the Hotel and within a reasonable deadline, is unwilling to make a firm reservation.

5.2 If an advance payment or security deposit agreed upon or required pursuant to Sections 3.5 and/or 3.6 is not provided, even after a reasonable additional deadline set by the Hotel has expired, the Hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the Hotel is entitled to withdraw from the contract for objectively justified reasons under extraordinary circumstances, particularly if:

Force majeure or other circumstances beyond the Hotel's control make fulfillment of the contract impossible;
Rooms or other facilities are booked through culpably misleading or false statements or by concealing material facts. Material facts may include the Customer's identity, ability to pay, or purpose of the stay;
The Hotel has reasonable grounds to believe that the use of its services may jeopardize the smooth operation of the Hotel, its security, or its public reputation, provided that such circumstances are not attributable to the Hotel's own sphere of control or organization;
The purpose or occasion of the stay is unlawful;
A violation of Section 1.2 above has occurred.

5.4 A justified withdrawal by the Hotel does not entitle the Customer to claim damages.

If the Hotel has a claim for damages against the Customer in the event of withdrawal pursuant to Sections 5.2 or 5.3, the Hotel may calculate such damages on a lump-sum basis. Section 4.3 shall apply accordingly in such cases.

6. ROOM AVAILABILITY, CHECK-IN, AND CHECK-OUT

6.1 The Customer is not entitled to the provision of specific rooms unless this has been expressly agreed upon in text form.

6.2 Booked rooms shall be available to the Customer from 3:00 PM on the agreed arrival date. The Customer is not entitled to earlier room availability.

6.3 On the agreed departure date, rooms must be vacated and made available to the Hotel no later than 11:00 PM (noon).

If the Customer fails to vacate the room by this time, the Hotel may charge 50% of the full published room rate (according to the Hotel's price list) for continued use of the room until 6:00 PM, and 90% of the full published room rate for continued use after 6:00 PM.

This does not establish any contractual right for the Customer to continue occupying the room.

The Customer remains entitled to demonstrate that the Hotel has incurred no claim, or a substantially lower claim, for compensation for the additional use of the room.

7. LIABILITY OF THE HOTEL

7.1 The Hotel shall be liable for damages resulting from injury to life, body, or health for which it is responsible.

Furthermore, the Hotel shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by the Hotel, or from an intentional or negligent breach of obligations essential to the proper performance of the contract.

Essential contractual obligations are those obligations whose fulfillment is necessary for the proper performance of the contract and upon whose fulfillment the Customer relies and may reasonably rely.

A breach of duty by a legal representative or an agent engaged by the Hotel in the performance of its obligations shall be treated as a breach of duty by the Hotel.

Any further claims for damages are excluded unless otherwise provided in this Section 7.

If disruptions or deficiencies occur in the Hotel's services, the Hotel shall endeavor to remedy the situation upon becoming aware of the issue or upon receiving prompt notification from the Customer.

The Customer is obligated to take reasonable steps to assist in resolving the disruption and to minimize any potential damage.

7.2 The Hotel shall be liable for property brought onto the premises by the Customer in accordance with applicable statutory provisions.

The Hotel recommends the use of the Hotel safe or in-room safe.

If the Customer wishes to bring money, securities, or valuables with a value exceeding EUR 800, or other property with a value exceeding EUR 3,500, a separate safekeeping agreement with the Hotel is required.

7.3 If the Customer is provided with a parking space in the Hotel garage or parking lot, whether free of charge or for a fee, this does not constitute a safekeeping agreement.

In the event of loss of or damage to motor vehicles parked or moved on the Hotel premises, or to their contents, the Hotel shall be liable only in accordance with Section 7.1, sentences 1 through 4.

7.4 Wake-up calls shall be carried out by the Hotel with the utmost care. Messages intended for Customers shall be handled with care.

Upon prior agreement with the Customer, the Hotel may accept, store, and, upon request and for a fee, forward mail and packages.

In such cases, the Hotel shall be liable only in accordance with Section 7.1, sentences 1 through 4.

8. FINAL PROVISIONS

8.1 Amendments and additions to the contract, the acceptance of the booking request, or these General Terms and Conditions should be made in text form.

Unilateral amendments or additions shall be invalid.

8.2 If the Customer is a merchant or a legal entity under public law, the Local Court of Munich (Amtsgericht München) shall be the exclusive place of jurisdiction.

Alternatively, the Hotel may bring legal proceedings against the Customer at the Customer's registered office or place of business.

The same shall apply to Customers who do not fall within the scope of the first sentence if their registered office or place of residence is outside a member state of the European Union.

8.3 German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

8.4 In accordance with its statutory obligations, the Hotel informs Customers that the European Union has established an online platform for the out-of-court resolution of consumer disputes (Online Dispute Resolution Platform):

http://ec.europa.eu/consumers/odr/

However, the Hotel does not participate in dispute resolution proceedings before consumer arbitration bodies.

General Terms and Conditions for Hotel Accommodation Contracts (AGBH 8.1)