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These Terms and Conditions govern contracts for the rental use of hotel rooms for
The prior consent in text form of the hotel is required if rooms provided are to be
rented to other parties or used other than for lodging purposes.
The customer’s general terms and conditions shall apply only if these are previously
II. Conclusion of contract
The contract shall come into force upon the hotel’s acceptance of the cus-tomer’s
application. At its discretion, the hotel may confirm the room reserva-tion in text
The parties to the contract are the hotel and the customer. If a third party placed
on behalf of the customer, then that party shall be liable vis-à-vis the hotel for
obligations arising from the hotel accommodation contract as joint and several
together with the customer, insofar as the hotel has a corresponding statement by
III. Services, prices, payment, set-off
The hotel is obligated to keep the rooms reserved by the customer available and to
the agreed services.
The customer is obligated to pay the agreed or applicable hotel prices for rooms
and for other services used.
The agreed prices shall include the respective statutory Value Added Tax.
The hotel can make its agreement to the customer’s later request for a reduction of
number of reserved rooms, services of the hotel or the customer’s length of stay
dependent upon the increase of the price for the rooms.
The hotel is entitled to require a reasonable advance payment or security deposit
customer upon conclusion of the contract in the form of a credit card guarantee, an
advance payment, etc..
The customer may only set-off or reduce or clear a claim by the hotel with a claim
undisputed or decided with final, res judicata effect.
The price for a booking must be paid in advance and at the latest upon arrival at
IV. Repudiation by customer (cancellation, annulment)
Cancellation by the customer of the contract concluded with the hotel requires the
consent in text form. If such is not given, then the price agreed in the contract
paid even if the customer does not avail himself of the con-tractual services.
To the extent the hotel and customer agreed in text form upon a date for a cost-free
cancellation of the contract, the customer may cancel the contract up to that date
incurring payment or damage compensation claims by the hotel.
If rooms are not used by the customer, the hotel must credit the income from renting
rooms to other parties and also for saved expenses. If the rooms are not otherwise
the hotel can demand the contractually agreed rate and assess a flat rate for the
expenses of the hotel.
If the rooms are not otherwise rented, the hotel can demand the contractually agreed
and assess a flat rate for the saved expenses of the hotel. In this case, the
obligated to pay at least 80 % of the contractually agreed rate for lodging. The
at liberty to show that the above-mentioned claim was not created or not created in
V. Cancellation by LetoMotel
Insofar as it was agreed in text form that the customer can cancel the contract at
within a certain time period , the hotel is entitled for its part to cancel the
this time period if inquiries from other customers regarding the contractually
rooms exist and the customer, upon inquiry thereof by the hotel, does not waive his
If an agreed advance payment or an advance payment or security deposit demanded
pursuant to Item clause III, No. 5 is not made even after a reasonable grace period
the hotel has expired, then the hotel is likewise entitled to cancel the contract.
Moreover, the hotel is entitled to effect extraordinary cancellation of the
con-tract for a
materially justifiable cause, e.g. if
force majeure or other circumstances for which the hotel is not responsible
impossible to fulfil the contract
rooms and spaces are reserved with culpably misleading or false information
material contractual facts, such as the identity of the cus-tomer or the
purpose of his
the hotel has justified cause to believe that use of the hotel’s services
the smooth operation of the hotel, its security or public reputation,
attributable to the hotel’s sphere of control or organization.
the purpose or the cause of the stay is illegal
VI. Liability of the hotel
The hotel is liable to the customer for property brought into the hotel in
the statutory provisions. Accordingly, the liability is limited to, one hundred
times the room
rate but, however, a maximum amount of 3,500.00 and, in deviation, for cash,
and valuables, a maximum amount up to 800.00.
Should disruptions or defects in the performance of the hotel occur, the hotel shall
remedy such upon knowledge thereof or upon objection by the customer made without
undue delay. The customer shall be obliged to undertake actions reasonable for him
eliminate the disruption and to keep any possible damage to a minimum.
It is expressly pointed out that the hotel does not provide a storage facility in a
hotel or room safe. The lodging by the guest therefore takes place at his own risk.
Insofar as a parking space is provided to the customer in the hotel garage or a hotel
parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged.
The hotel assumes no liability for loss of or damage to motor vehicles parked or
manoeuvred on the hotel’s property and the contents thereof, except for cases of intent or
VII. Final provisions
Amendments and supplements to the contract, the acceptance of applications or these
General Terms and Conditions should be made in text form. Unilateral amendments and
supplements by the customer are not valid.
Place of performance and payment is the location of the hotel.
In the event of dispute the courts at Munich shall have exclusive jurisdiction for
The contract is governed by and shall be construed in accordance with the laws of the
Federal Republic of Germany.
Should individual provisions of these General Terms and Conditions be or become
void, the validity of the remaining provisions shall remain unaffected thereby. The
statutory provisions shall also be applicable.