General Terms and Conditions for the Hotel Accommodation Contract (AGBH)

I. Scope of application

1. these terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided to the customer by the hotel (hereinafter referred to as “hotel”). 2. the subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer. 3. the customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II. 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 booking in writing. 2. the contractual partners are the hotel and the customer. If a third party has booked on behalf of the customer, he 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. all claims against the hotel shall become time-barred one year after the commencement of the regular limitation period under § 199 I BGB (German Civil Code). Claims for damages shall become time-barred after five years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III 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 hotel’s applicable or agreed prices for the provision of the room 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. If the period between conclusion of the contract and fulfillment of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 5%. 4. 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 duration of the guests’ stay and the hotel agrees to this. 5. invoices of the hotel without a due date are payable without deduction within 10 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 at a rate of 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages. 6. 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 package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract. 7. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

IV. Withdrawal by the customer (i.e. cancellation) / non-utilization of the hotel’s services (no show)

1. the customer’s withdrawal 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. This shall not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result, or if the customer is entitled to any other statutory or contractual right of withdrawal. 2. 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 rescission shall expire if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date, unless a case of rescission pursuant to clause IV. no. 1 sentence 3 Rescission by the customer exists. 3. in the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties as well as the expenses saved. 4. the hotel is at liberty to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.

V. Cancellation by the hotel

1. insofar as the customer’s right to withdraw from the contract free of charge 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 of withdrawal upon enquiry by the hotel. 2. if an agreed advance payment or an advance payment requested in accordance with 3. clause 6 above is not made, 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 force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
rooms under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization.
a violation of I. Section 2 above. 4. in the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VI Room provision, handover and return

1. the customer does not acquire any claim to the provision of specific rooms. 2. booked rooms are available to the customer from 3 p.m. 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 11.00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the delayed vacating of the room until 6 p.m., and 100% from 6 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.

VII Liability of the hotel

1. the hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, and other damages based on an intentional or grossly negligent breach of duty by the hotel. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the hotel. 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 and 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 u 3,500, and for money, securities and valuables up to u 800. Money, securities and valuables up to a maximum value of u 7,500 may be stored in the hotel or room safe. The hotel recommends that guests make use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). Any further liability on the part of the hotel shall be governed by the second to fourth sentences of Section 1 above. 3. 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. Clause 1 sentences 2 to 4 above shall apply accordingly. 4. wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and – on request – forward them for a fee. Clause 1 sentences 2 to 4 above shall apply accordingly.

VIII 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. 1.1 In the case of group bookings of 5 rooms or more, our terms and conditions provided for this purpose shall also apply. 2. place of fulfillment and payment is the registered office of the respective hotel. 3. exclusive place of jurisdiction – also for check and bill of exchange disputes – is Munich in commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 2 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 shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. 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 03 /2007