General Terms and Conditions

 

General Terms and Conditions for the Hotel Accommodation Contract

I.    Scope of Applicability

  1. These General Terms and Conditions for the hotel accommodation contract apply to contracts for the renting of rooms at the Stay2Munich hotel (hereafter called the “hotel”) to guests including all the services and deliveries performed by the hotel for the guests.
  2. The subletting or re-letting of the hotel room as well as its use for purposes other than accommodation requires the prior explicit approval of the hotel.
  3. In cases as per clause I, point 2, the cancellation right of the guest is ruled out if the subletting or re-letting is not permitted by the hotel as per section 540, paragraph 1, sentence 2, BGB [German Civil Code]. This does not apply if the guest is a consumer.
  4. These General Terms and Conditions apply exclusively. Terms and conditions of the guest only apply if they have been expressly agreed upon in advance.

II.    Conclusion of contract

  1. The hotel accommodation contract shall come into force upon the acceptance of the guest’s application by the hotel. The hotel is free to confirm the room reservation in text form.
  2. The contractual partners of the hotel accommodation contract are the hotel and the guest. If the booking of the hotel room or the ordering of any further services of the hotel is placed by a third party on behalf of the guest, the third party and the guest are joint and several debtors for all claims of the hotel arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.

III.    Services, prices, payments, off-setting

  1. The hotel is obliged to keep the room booked by the guest available and to render any other agreed services. Provided nothing else has been agreed, the guest is not entitled to be provided a particular room within a room category.
  2. Provided nothing else has been agreed, the booked room is available to the guest from 3 pm on the agreed day of arrival.
    On the agreed date of departure the rooms must be vacated and made available to the hotel, provided nothing else has been agreed, no later than 11am. After that time, the guest is obliged to pay 50% of the price of an overnight stay (list price) to the hotel as a charge for the additional use of the room until 6 pm. If the guest’s additional use of the room exceeds 6 pm, the guest is obliged to pay 90% of the overnight price (list price) to the hotel as usage charge. Contractual claims of the customer shall not be established hereby. The guest is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.
  3. The guest is obliged to pay the agreed prices or applicable prices of the hotel (list prices) for the provision of the room and the services used by the guest. This also applies to services which the hotel performs for third parties at the guest’s request.
  4. The agreed prices include the legally applicable VAT. If 4 months have passed between the date of the conclusion of the contract and the arrival date and the applicable hotel prices (list prices) have increased, the hotel can increase the agreed price reasonably, but no more than 5%.
  5. The hotel is no longer bound to the prices agreed with the guest, if the guest wishes to change the number of booked rooms, the agreed services of the hotel or the duration of the stay at the hotel after the conclusion of the contract, and provided the hotel agrees to the contract amendment.
  6. Hotel invoices not stating a due date are due for payment within 10 days after receipt of the invoice. If the guest is in default of a payment claim of the hotel, the hotel is permitted to make all its claims against the guest, included deferred or credited claims, due immediately. In case of a default in payment the hotel is permitted to demand legally applicable default interest. The hotel reserves the right to prove that it incurred greater damage.
  7. Upon conclusion of the contract and thereafter, the hotel is entitled to demand an advance payment or security deposit from the guest amounting to the expected total price of the hotel stay.
  8. The guest may only off-set claims of the hotel, or exercise a right to withhold payment, with uncontested claims or claims which are decided with final, res judicata effect.
  9. All claims of the guest against the hotel shall generally be time-barred after one year. Section 199, paragraph 1, BGB [German Civil Code] applies for the start of the period of limitations. The abbreviation of the period of limitation does not apply to claims based on willful or grossly negligent violation of an obligation by the hotel, a legal representative or a vicarious agent of the hotel, as well as in case of damage arising from injury to life, body or health if the hotel is responsible for the violation, and in case of damage due to a willful or negligent violation of typical contractual obligations by the hotel, a legal representative or a vicarious agent of the hotel. Typical contractual obligations being such, the fulfillment of which is a prerequisite for proper performance of the contract and on whose fulfilment the guest relies and may rely.

IV.    Withdrawal right of the guest

  1. Unless otherwise agreed, the guest may only withdraw from the hotel accommodation contract concluded with the hotel upon consent by the hotel. If the hotel does not consent with the withdrawal of the guest from the contract, the guest is obliged to pay the agreed price or the applicable list price for the hotel according to the hotel accommodation contract, regardless of whether the guest avails himself of the contractual services. This shall not apply, if it is unreasonable to expect the guest to adhere to the contract under due consideration of the interest of both sides or if the guest is entitled to any other legal or contractual withdrawal right.
  2. If rooms are not used by the guest, the hotel has to deduct the income from renting the room to other parties as well as the saved expenses from the compensation to be paid by the guest.
  3. In this respect the hotel is allowed to demand the contractually agreed price or the applicable price of the hotel (list price) and to deduct the amount for saved expenses by way of lump-sum. In this case, the guest is obliged to pay 90% of the contractually agreed price for the overnight stay with or without breakfast, 70% for half-board and 60% for full-board bookings, provided nothing else has been agreed. The guest is at liberty to prove that the amount of the aforementioned claim has not accrued at all or has not amounted to the demanded sum.

V.    Withdrawal right of the hotel

  1. Insofar as it was agreed that the guest can withdraw from the contract at no cost within a certain period of time, the hotel is permitted for its part to withdraw from the contract during this period of time if it receives requests from other guests for the contractually booked rooms and the guest does not waive his/her withdrawal right after enquiry by the hotel with a reasonable deadline set.
  2. If a guest does make an advance payment or a deposit, as agreed or requested as per clause III, point 7, even after a reasonable grace period set by the hotel has expired, then the hotel is permitted to withdraw from the contract or to demand compensation for damages due to non-fulfilment.
  3. Moreover, the hotel is permitted to withdraw from the hotel accommodation contract or to terminate the hotel accommodation contract, as the case may be, on important grounds. This applies in particular, if
  • force majeure or other conditions beyond the hotel’s control make it impossible to fulfil the contract;
  • the room was booked with misleading or false information regarding essential facts, e.g. regarding the identity of the guest;
  • the hotel has justified cause to assume that the use of the hotel services could endanger the smooth running of business operations, the safety or reputation of the hotel to the public, without the cause being attributable to the hotel’s sphere of control or organization.
  • there is a violation of clause I, point 2.

4.    If the withdrawal of the hotel is justified, the guest has no right to compensation.

VI.    Liability

  1. The hotel is liable to perform its obligations under the hotel accommodation contract with the due care and diligence of a prudent businessman. Any claims for damages by the guest are excluded. This shall not apply to
  • damage due to injury to life, body or health, if the hotel is responsible for a violation of duty,
  • other damage caused with full intent or by grossly negligent violation of obligations by the hotel and
  • damage caused with full intent or by negligent violation of typical contractual obligations of the hotel. Typical contractual obligations being such, the fulfillment of which is a prerequisite for proper performance of the contract and on whose fulfilment the guest relies and may rely.

A violation by a legal representative or vicarious agent of the hotel is equivalent to a violation of obligation by the hotel. If defects or disruptions occur in the performance of the hotel, the guest has to notify them as soon as they are detected, so that the hotel has the opportunity to remedy such defects or disruptions. The guest is obliged to undertake actions reasonable for him to remedy the disruption and to keep any possible damage to a minimum.

2. The hotel is liable to the guest for items brought into the hotel in accordance with the statutory provisions (section 701 et seq. BGB [German Civil Code]. For further liability of the hotel, e.g. arising from the hotel accommodation contract, point 1, sentences 2 through 4 shall apply accordingly.

If the guest wishes to bring with him money, securities and valuables with a value of more than € 800.00 or other valuable items with a value of more than € 3,500.00, a separate safekeeping agreement is to be concluded.

3. If the guest is provided with a parking space in the underground car park or in the hotel parking area, this does not establish a safekeeping contract, even if a fee is charged. The parking conditions of the underground car park shall apply. In case of loss or damage to vehicles parked or manoeuvring on the property of the hotel, and to their contents, the hotel assumes no liability, apart from willful to intent and gross negligence, point 1, sentences 2 through 4 shall apply accordingly.

4. Messages, mail and goods deliveries for guests shall be treated with care. The hotel assumes the delivery, storage and – on request for a fee – forwarding. Point 1, sentences 2 through 4 shall apply accordingly.

VII.    Contractual penalty, special notes

  1. If the guest is assigned a non-smoking room, smoking in this room constitutes a use in violation of the contract. A contractual penalty of €500 is payable in this case. The guest is at liberty to provide evidence that no damage or less damage was incurred.
    In any case, the guest is obliged to compensate the hotel for any proven cleaning fees which were actually incurred.
  2. Animals are only allowed to be brought into the hotel with the prior approval of the hotel in text form at an extra charge. Animals are not allowed to be brought into social rooms such as the restaurant, bar, fitness area etc.
  3. Found objects or items which are left behind or forgotten are only sent to the guest on request and if the incurred costs are compensated. The hotel will store the items for a duration of 6 months with regard to the hotel’s liability. Clause VI point 1 sentences 2 through 4 shall apply accordingly.

VIII.    Final provisions

  1. Amendments or supplements to the contract or these terms and conditions for hotel accommodation have to be made in text form. Unilateral amendments or supplements by the guest are not valid.
  2. For commercial transactions, place of performance and payment is the registered address of the hotel.
  3. The exclusive place of jurisdiction for commercial transactions is the registered address of the hotel. If a contractual partner fulfills the requirements of section 38, paragraph 2, ZPO [German Code of Civil Procedure] and does not have a general domestic place of jurisdiction, the place of jurisdiction of the hotel applies.
  4. The contract in governed by and shall be construed in accordance with German law. The application of the UN Convention of the International Sale of Goods and of the conflict of law provisions is excluded.
  5. Should individual conditions of these General Terms and Conditions for hotel accommodation be or become invalid or ineffective, the validity of the other conditions shall remain unaffected. The statutory provisions shall also be applicable.
 

General Terms and Conditions for the Lodging Contract

I.    Scope of Applicability

  1. These General Terms and Conditions for the lodging contract apply to contracts for – generally – longer-term (not more than six months) renting of rooms at the Stay2Munich hotel (hereafter called the “hotel”) for accommodation purposes including all the services and deliveries performed by the hotel for the guests.
  2. The subletting or re-letting of the room as well as its use for purposes other than accommodation requires the prior approval of the hotel.
  3. In cases as per clause I, point 2, the cancellation right of the guest is ruled out if the subletting or re-letting is not permitted by the hotel as per section 540, paragraph 1, sentence 2, BGB [German Civil Code]. This does not apply if the guest is a consumer.
  4. These General Terms and Conditions apply exclusively. Terms and conditions of the guest only apply if they have been expressly agreed upon in advance.

II.    Conclusion of contract

  1. The lodging contract shall come into force upon the acceptance of the guest’s application by the hotel. The hotel is free to confirm the – generally – longer-term room reservation (not more than six months) in text form.
  2. The contractual partners of the accommodation contract are the hotel and the guest. If the booking of the room or the ordering of any further services of the hotel is placed by a third party on behalf of the guest, the third party and the guest are joint and several debtors for all claims of the hotel arising from the accommodation contract, provided it has received a corresponding declaration from the third party.

III.    Services, prices, payments, off-setting

  1. The hotel is obliged to keep the room booked by the guest available and to render any other agreed services. Provided nothing else has been agreed, the guest is not entitled to be provided a particular room within a room category.
  2. Provided nothing else has been agreed, the booked room is available to the guest from 3 pm on the agreed day of arrival.
    On the agreed date of departure the rooms must be vacated and made available to the hotel, provided nothing else has been agreed, no later than 12 am. After that time, the guest is obliged to pay 50% of the price of an overnight stay (list price) to the hotel as a charge for the additional use of the room until 6 pm. If the guest’s additional use of the room exceeds 6 pm, the guest is obliged to pay 90% of the overnight price (list price) to the hotel as usage charge. Contractual claims of the customer shall not be established hereby. The guest is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.
  3. The guest is obliged to pay the agreed prices or applicable prices of the hotel (list prices) for the accommodation and the services used by the guest. This also applies to services which the hotel performs for third parties at the guest’s request.
  4. The agreed prices include the legally applicable VAT. If 4 months have passed between the date of the conclusion of the contract and the arrival date and the applicable hotel prices (list prices) have increased, the hotel can increase the agreed price reasonably, but no more than 5%.
  5. The hotel is no longer bound to the prices agreed with the guest, if the guest wishes to change the number of booked rooms, the agreed services of the hotel or the duration of the stay at the hotel after the conclusion of the contract, and provided the hotel agrees to the contract amendment.
  6. Hotel invoices not stating a due date are due for payment within 10 days after receipt of the invoice. If the guest is in default of a payment claim, the hotel is permitted to make all its claims against the guest, included deferred or credited claims, due immediately. In case of a default in payment the hotel is permitted to demand legally applicable default interest. The hotel reserves the right to prove that it incurred greater damage.
  7. Upon conclusion of the contract and thereafter, the hotel is entitled to demand an advance payment or security deposit from the guest amounting to the expected total price of the stay.
  8. The guest may only off-set claims of the hotel, or exercise a right to withhold payment, with uncontested claims or claims which are decided with final, res judicata effect.
  9. All claims of the guest against the hotel shall generally be time-barred after one year. Section 199, paragraph 1, BGB [German Civil Code] applies for the start of the period of limitations. The abbreviation of the period of limitation does not apply to claims based on willful or grossly negligent violation of an obligation by the hotel, a legal representative or a vicarious agent of the hotel, as well as in case of damage arising from injury to life, body or health if the hotel is responsible for the violation, and in case of damage due to a willful or negligent violation of typical contractual obligations by the hotel, a legal representative or a vicarious agent of the hotel. Typical contractual obligations being such, the fulfillment of which is a prerequisite for proper performance of the contract and on whose fulfilment the guest relies and may rely.

IV.    Withdrawal right of the guest

  1. Unless otherwise agreed, the guest may only withdraw from the lodging contract upon consent by the hotel. If the hotel does not consent with the withdrawal of the guest from the contract, the guest is obliged to pay the agreed price or the applicable list price for the hotel according to the lodging contract, regardless of whether the guest avails himself of the contractual services. This shall not apply, if it is unreasonable to expect the guest to adhere to the contract under due consideration of the interest of both sides or if the guest is entitled to any other legal or contractual withdrawal right.
  2. If rooms are not used by the guest, the hotel has to deduct the income from renting the room to other parties as well as the saved expenses from the compensation to be paid by the guest.
  3. In this respect the hotel is allowed to demand the contractually agreed price or the applicable price of the hotel (list price) and to deduct the amount for saved expenses by way of lump-sum. In this case, the guest is obliged to pay 90% of the contractually agreed price for the overnight stay with or without breakfast, provided nothing else has been agreed. The guest is at liberty to prove that the amount of the aforementioned claim has not accrued at all or has not amounted to the demanded sum.

V.    Withdrawal right of the hotel

  1. Insofar as it was agreed that the guest can withdraw from the contract at no cost within a certain period of time, the hotel is permitted for its part to withdraw from the contract during this period of time if it receives requests from other guests for the contractually booked rooms and the guest does not waive his/her withdrawal right after enquiry by the hotel with a reasonable deadline set.
  2. If a guest does make an advance payment or a deposit, as agreed or requested as per clause III, point 7, even after a reasonable grace period set by the hotel has expired, then the hotel is permitted to withdraw from the contract or to demand compensation for damages due to non-fulfilment.
  3. Moreover, the hotel is permitted to withdraw from the lodging contract or to terminate the lodging contract, as the case may be, on important grounds. This applies in particular, if
  • force majeure or other conditions beyond the hotel’s control make it impossible to fulfil the contract;
  • the room was booked with misleading or false information regarding essential facts, e.g. regarding the identity of the guest;
  • the hotel has justified cause to assume that the use of its services could endanger the smooth running of business operations, the safety or reputation of the hotel to the public, without the cause being attributable to the hotel’s sphere of control or organization.
  • there is a violation of clause I, point 2.

4. If the withdrawal of the hotel is justified, the guest has no right to compensation.

VI.    Liability

  1. The hotel is liable to perform its obligations under the lodging contract with the due care and diligence of a prudent businessman. Any claims for damages by the guest are excluded. This shall not apply to
  • damage due to injury to life, body or health, if the hotel is responsible for a violation of duty,
  • other damage caused with full intent or by grossly negligent violation of obligations by the hotel and
  • damage caused with full intent or by negligent violation of typical contractual obligations of the hotel. Typical contractual obligations being such, the fulfillment of which is a prerequisite for proper performance of the contract and on whose fulfilment the guest relies and may rely.

A violation by a legal representative or vicarious agent of the hotel is equivalent to a violation of obligation by the hotel. If defects or disruptions occur in the performance of the hotel, the guest has to notify them as soon as they are detected, so that the hotel has the opportunity to remedy such defects or disruptions. The guest is obliged to undertake actions reasonable for him to remedy the disruption and to keep any possible damage to a minimum.

2. The hotel is liable to the guest for items brought into the hotel in accordance with the statutory provisions (section 701 et seq. BGB [German Civil Code]. For further liability of the hotel, e.g. arising from the lodging contract, point 1, sentences 2 through 4 shall apply accordingly.
If the guest wishes to bring with him money, securities and valuables with a value of more than € 800.00 or other valuable items with a value of more than € 3,500.00, a separate safekeeping agreement is to be concluded.

3.  If the guest is provided with a parking space in the underground car park or in the parking area, this does not establish a safekeeping contract, even if a fee is charged. The parking conditions of the underground car park shall apply. In case of loss or damage to vehicles parked or manoeuvring on the estate, and to their contents, the hotel assumes no liability, apart from willful to intent and gross negligence, point 1, sentences 2 through 4 shall apply accordingly.

4    Messages, mail and goods deliveries for guests shall be treated with care. The hotel assumes the delivery, storage and – on request for a fee – forwarding. Point 1, sentences 2 through 4 shall apply accordingly.

VII.    Contractual penalty, special notes

  1. If the guest is assigned a non-smoking room, smoking in this room constitutes a use in violation of the contract. A contractual penalty of € 500 is payable in this case. The guest is at liberty to provide evidence that no damage or less damage was incurred.
    In any case, the guest is obliged to compensate the hotel for any proven cleaning fees which were actually incurred.
  2. Animals are only allowed to be brought into the hotel with the prior approval of the hotel in text form at an extra charge. Animals are not allowed to be brought into social rooms such as the restaurant, bar, fitness area etc.
  3. Found objects or items which are left behind or forgotten are only sent to the guest on request and if the incurred costs are compensated. The hotel will store the items for a duration of 6 months. Clause VI point 1 sentences 2 through 4 shall apply accordingly.

VIII.    Final provisions

  1. Amendments or supplements to the contract or these terms and conditions for accommodation have to be made in text form. Unilateral amendments or supplements by the guest are not valid.
  2. For commercial transactions, place of performance and payment is the registered address of the hotel.
  3. The exclusive place of jurisdiction for commercial transactions is the registered address of the hotel. If a contractual partner fulfills the requirements of section 38, paragraph 2, ZPO [German Code of Civil Procedure] and does not have a general domestic place of jurisdiction, the place of jurisdiction of the hotel applies.
  4. The contract in governed by and shall be construed in accordance with German law. The application of the UN Convention of the International Sale of Goods and of the conflict of law provisions is excluded.
  5. Should individual conditions of these General Terms and Conditions for accommodation be or become invalid or ineffective, the validity of the other conditions shall remain unaffected. The statutory provisions shall also be applicable.