General Terms and Conditions for the Hotel Accommodation Agreement

 

1 Scope

1.1
These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging, as well as to all other services and supplies provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” encompasses and replaces the following terms: lodging contract, guest accommodation contract, hotel contract, and hotel room contract.

1.2
Subletting or subleasing the rooms provided, as well as using them for purposes other than lodging, requires the hotel’s prior written consent; in this regard, § 540(1), sentence 2 of the German Civil Code (BGB) is waived to the extent that the customer is not a consumer.

1.3
The customer’s general terms and conditions apply only if this has been expressly agreed upon in advance.

 

2. Conclusion of the Contract, – Partners, Statute of Limitations

2.1
The contracting parties are the hotel and the customer. The contract is concluded upon the hotel’s acceptance of the customer’s request. The hotel is free to confirm the room reservation in writing.

2.2
All claims against the hotel generally become time-barred one year after the statutory limitation period begins. This does not apply to claims for damages or other claims, provided that the latter are based on a breach of duty by the hotel committed with intent or through gross negligence.

 

3 Services, Prices, Payment, Setoff

3.1
The hotel is obligated to reserve the rooms booked by the guest and to provide the agreed-upon services.

3.2
The guest is obligated to pay the hotel’s agreed-upon or applicable rates for room occupancy and any additional services utilized by the guest. This also applies to services ordered by the guest directly or through the hotel that are provided by third parties and paid for in advance by the hotel.

3.3
The agreed-upon prices include all taxes and local fees in effect at the time the contract is concluded. They do not include local fees that the guest is required to pay directly under applicable local law, such as a visitor’s tax.

If there is a change in the statutory value-added tax or the introduction, modification, or abolition of local taxes on the subject matter of the service after the contract is concluded, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between the conclusion of the contract and its performance exceeds four months.

3.4
The hotel may make its consent to a subsequent reduction requested by the guest in the number of rooms booked, the hotel’s services, or the length of the guest’s stay contingent upon an increase in the price of the rooms and/or the hotel’s other services.

3.5
Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel may at any time demand immediate payment of any due amounts from the guest. In the event of late payment by the guest, the statutory provisions shall apply. The hotel reserves the right to prove that it has suffered greater damages.

3.6
The hotel is entitled to require the customer to make a reasonable advance payment or provide security, such as a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract. The statutory provisions regarding advance payments or security for package tours remain unaffected.

In the event of late payment by the customer, the statutory provisions shall apply.

3.7
In justified cases—such as a customer’s delinquency in payment or an expansion of the scope of the contract—the hotel is entitled, even after the contract has been concluded and up until the start of the stay, to demand an advance payment or security deposit as defined in Section 3.6 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon compensation.

3.8
The hotel is also entitled to require the guest, at the beginning of and during the stay, to make a reasonable advance payment or provide security as defined in Section 3.6 above for existing and future claims arising from the contract, unless such payment or security has already been provided in accordance with Section 3.6 and/or Section 3.7 above.

3.9
The customer may only set off or offset a claim against a claim by the hotel if the claim is undisputed or has become final and binding.

3.9.1
Guests are prohibited from taking items such as toiletries, towels, furniture, etc. The hotel reserves the right to charge guests for any such items that have been taken.

3.9.2
Furthermore, the guest is liable for any damage to the hotel room caused by him or her. This must be reported to the hotel immediately. The hotel reserves the right, after assessing the damage, to bill the guest for the costs incurred for cleaning, replacement, or repair. For example, these costs amount to at least €150.00 for smoking in the room, at least €100.00 for mattress cleaning, and at least €250.00 for carpet cleaning; depending on the specific case, higher costs may also apply. If a smoke detector is triggered due to improper handling (see instructions in the kitchenettes, if available; smoking in the room; removal of the detector, etc.) and this results in an alarm and the dispatch of the fire department, the full costs will be charged to the hotel guest.

 

4. Customer Cancellation (Cancellation of Reservation) / Failure to Use the Hotel's Services (No-Show)

4.1
The customer may cancel the contract concluded with the hotel only if a right of cancellation has been expressly agreed upon in the contract, if another statutory right of cancellation exists, or if the hotel expressly consents to the cancellation of the contract. Any agreement regarding a right of cancellation, as well as any consent to the cancellation of the contract, must be made in writing.

4.2
If a deadline for free cancellation of the contract has been agreed upon between the hotel and the customer, the customer may cancel the contract until that deadline; the same right applies to the hotel as the contracting party, without triggering any claims for payment or damages on the part of the hotel. The customer’s right to cancel expires if the customer does not exercise this right with the hotel by the agreed-upon deadline.

4.3
If a right of withdrawal has not been agreed upon or has already expired, and if there is no statutory right of withdrawal or termination, and if the hotel does not consent to the termination of the contract, the hotel retains the right to the agreed-upon compensation despite the service not being used. The hotel must offset any revenue from renting the rooms to other guests as well as any expenses saved.

If the rooms are not rented out to other guests, the hotel may apply a flat-rate deduction for saved expenses. In this case, the guest is obligated to pay at least 90% of the contractually agreed-upon price for a room without breakfast. The guest is free to provide evidence that the aforementioned claim did not arise or did not arise in the amount claimed.

 

5. Cancellation by the Hotel

5.1
If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during this period if it receives inquiries from other customers regarding the rooms booked under the contract and the customer, upon being contacted by the hotel and given a reasonable deadline, does not waive their right to withdraw.

5.2
If an advance payment or security deposit agreed upon or required pursuant to Section 3.6 and/or Section 3.7 is not made even after the expiration of a reasonable grace period set by the hotel, the hotel is also entitled to terminate the contract.

5.3
Furthermore, the hotel is entitled to terminate the contract for cause, in particular if

• Force majeure or other circumstances beyond the hotel’s control that make it impossible to fulfill the contract;
• Rooms are booked through willful misrepresentation or false statements, or by concealing material facts; such material facts may include the customer’s identity, financial standing, or purpose of stay;
• the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational authority;
• the purpose or reason for the stay is unlawful;
• there is a violation of section 1.2 above.

5.4
The hotel’s justified termination of the contract does not entitle the customer to claim damages

 

6. Room Assignment—Check-in and Check-out

6.1
The customer has no right to the provision of specific rooms unless this has been expressly agreed upon.

6.2
Reserved rooms are available to the customer starting at 2:00 p.m. on the agreed-upon arrival date. The customer is not entitled to check in earlier.

6.3
On the agreed-upon departure date, guests must vacate their rooms and make them available to the hotel by 11:30 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel may charge up to 70% of the full room rate for its use beyond the terms of the contract until 6:00 p.m., and up to 100% after 6:00 p.m. This does not give rise to any contractual claims on the part of the guest.

lhm is free to prove that the hotel incurred no claim for usage fees, or a substantially lower claim.

 

7. Hotel Liability

7.1
The hotel is liable for damages resulting from injury to life, body, or health for which it is responsible. Furthermore, it is 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 the hotel’s obligations typical to the contract. A breach of duty by a legal representative or vicarious agent of the hotel shall be deemed equivalent to a breach of duty by the hotel itself. Further claims for damages are excluded, unless otherwise provided for in this Section 7.

Should any disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon receiving an immediate complaint from the guest. The guest is obligated to do everything reasonably possible to help resolve the disruption and minimize any potential damage.

7.2
The hotel is liable to the guest for items brought onto the premises in accordance with statutory provisions. The hotel recommends using the hotel or in-room safe. If the guest wishes to bring in cash, securities, and valuables worth more than 800 euros or other items worth more than 3,500 euros, a separate storage agreement with the hotel is required.

7.3
If the customer is provided with a parking space in the hotel garage or in the hotel parking lot—even for a fee—this does not constitute a contract of safekeeping. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel shall be liable only in accordance with the provisions of Section 7.1, sentences 1 through 4, above.

Messages, mail, and packages for guests are handled with care. The hotel will deliver, store, and—upon request—forward them for a fee.

In this regard, the hotel shall be liable only in accordance with the provisions of Section 7.1, sentences 1 through 4, above.

 

8 Final Provisions

8.1
Any amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.

8.2
The place of performance and payment, as well as the exclusive venue for legal proceedings—including disputes involving checks and bills of exchange—in commercial transactions is the Hotel König Ludwig II. Tomma Kuhlmann GmbH), Bürgerplatz 3, 85748 Garching.

If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be Garching.

8.3
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded.

8.4
Should any individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.