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1.1) <\/strong>These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes entered into between Bayerstra\u00dfe 31 Betriebs GmbH (the Hotel), as the management company of the Hotel Europ\u00e4ischer Hof in Munich, and third parties, as well as to all other services and supplies provided by the Hotel to the customer in this context (Hotel Accommodation Agreement). The term \u201cHotel Accommodation Agreement\u201d encompasses and replaces the following terms: accommodation agreement, guest accommodation agreement, hotel agreement, and hotel room agreement.<\/p>\n 1.2)<\/strong> Subletting or subleasing the rooms provided, as well as using them for purposes other than lodging, requires the hotel\u2019s prior written consent; in this regard, \u00a7 540(1), second sentence, of the German Civil Code (BGB) is waived to the extent that the customer is not a consumer.<\/p>\n 1.3)<\/strong> The customer’s general terms and conditions apply only if this has been expressly agreed upon in advance.<\/p>\n 2.1)<\/strong> The contracting parties are the hotel and the customer. The contract is formed when the hotel accepts the customer\u2019s request. The hotel may, at its discretion, confirm the room reservation in writing.<\/p>\n 2.2)<\/strong> All claims against the hotel generally become time-barred one year after the statutory commencement of the statute of limitations. Claims for damages are subject to a five-year statute of limitations, depending on when the hotel becomes aware of the claim, unless they arise from injury to life, limb, health, or personal liberty. Such claims for damages are subject to a ten-year statute of limitations, regardless of when the hotel becomes aware of the claim. The shortened limitation periods do not apply to claims arising from an intentional or grossly negligent breach of duty by the hotel.<\/p>\n 3.1)<\/strong> The hotel is obligated to keep the rooms booked by the guest available and to provide the agreed-upon services.<\/p>\n 3.2)<\/strong> The guest is obligated to pay the hotel\u2019s agreed-upon or applicable rates for the room and any additional services the guest has used. 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.<\/p>\n 3.3)<\/strong> The agreed-upon prices include the 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\u2019s tax. If there is a change in the statutory value-added tax or the introduction, modification, or abolition of local fees applicable to the subject matter of the contract 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.<\/p>\n 3.4)<\/strong> The hotel may make its consent to a subsequent reduction requested by the guest in the number of rooms booked, the hotel\u2019s services, or the length of the guest\u2019s stay contingent upon an increase in the price of the rooms and\/or the hotel\u2019s other services.<\/p>\n 3.5)<\/strong> For reservations of more than 5 rooms, the hotel reserves the right to apply different policies and charge additional fees.<\/p>\n 3.6)<\/strong> 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 due amounts from the guest. In the event of late payment, the hotel is entitled to charge the applicable statutory late payment interest, which is currently 8% above the base rate, or 5% above the base rate for legal transactions involving a consumer. The hotel reserves the right to prove that it has suffered greater damages.<\/p>\n 3.7)<\/strong> Upon conclusion of the contract, the hotel is entitled to require the customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee. 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.<\/p>\n 3.8)<\/strong> In justified cases\u2014such as a customer\u2019s delinquency in payment or an expansion of the scope of the contract\u2014the 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 3.7 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full agreed-upon compensation.<\/p>\n 3.9)<\/strong> 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 3.7 above, for existing and future claims arising from the contract, unless such payment or security has already been provided in accordance with Section 3.7 and\/or Section 3.8 above. 4.1)<\/strong> The customer may cancel the contract concluded with the hotel within the first 6 hours after booking, or 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.<\/p>\n 4.2)<\/strong> 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 by that deadline without triggering any claims for payment or damages by the hotel. The customer\u2019s right to cancel expires if the customer does not exercise that right with the hotel by the agreed-upon deadline.<\/p>\n 4.3) <\/strong>If a right of withdrawal has not been agreed upon or has already expired, and there is no statutory right of withdrawal or termination, and 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 to other guests, the hotel may apply a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed-upon price for overnight stays with or without breakfast, as well as for package deals including third-party services; 70% for half-board arrangements; and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise in the amount claimed.<\/p>\n 5.1)<\/strong> If it has been agreed that the customer may cancel the contract free of charge within a certain period, the hotel is, for its part, entitled to cancel the contract during that 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 his or her right to cancel.<\/p>\n 5.2)<\/strong> 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 shall also be entitled to terminate the contract.<\/p>\n 5.3)<\/strong> Furthermore, the hotel is entitled to terminate the contract for cause for objectively justified reasons, in particular if<\/p>\n 5.4)<\/strong> The hotel’s justified termination of the contract does not entitle the customer to claim damages.<\/p>\n 6.1)<\/strong> The customer has no right to be provided with specific rooms, unless this has been expressly agreed upon.<\/p>\n 6.2)<\/strong> Reserved rooms are available to the guest starting at 3:00 p.m. on the agreed-upon arrival date. The guest is not entitled to check in earlier.<\/p>\n 6.3)<\/strong> On the agreed-upon departure date, guests must vacate their rooms and make them available to the hotel by 11:00 a.m. at the latest. After that time, due to the late vacating of the room, the hotel may charge 50% of the full room rate (list price) for use of the room beyond the terms of the contract until 6:00 p.m., and 90% after 6:00 p.m. This does not give rise to any contractual claims on the part of the guest. The guest is free to prove that the hotel incurred no claim for usage fees or a significantly lower claim.<\/p>\n 7.1) <\/strong>The hotel is liable for damages resulting from injury to life, body, or health for which it is responsible. Furthermore, the hotel 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\u2019s obligations typical to the contract. A breach of duty by a legal representative or vicarious agent of the hotel is 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 disruptions or defects in the hotel\u2019s services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the guest. The guest is obligated to do everything reasonably expected of them to resolve the disruption and minimize any potential damage.<\/p>\n 7.2)<\/strong> 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 a guest wishes to bring in cash, securities, or valuables worth more than 800 euros, or other items worth more than 3,500 euros, a separate storage agreement with the hotel is required.<\/p>\n 7.3)<\/strong> To the extent that a parking space is made available to the guest in the hotel garage or in the hotel parking lot\u2014even for a fee\u2014this 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.<\/p>\n 7.4)<\/strong> Wake-up calls are handled by the hotel with the utmost care. Messages, mail, and packages for guests are handled with care. The hotel will deliver, store, and\u2014upon request and for a fee\u2014forward such items. The hotel\u2019s liability in this regard is limited to the provisions of Section 7.1, sentences 1 through 4, above.<\/p>\n The Hotel Europ\u00e4ischer Hof is a non-smoking hotel. Smoking of any kind is therefore prohibited in all public areas and in all guest rooms. If a guest violates this smoking ban, the hotel is entitled to demand compensation from the guest for the special cleaning measures required as a result, as well as for any loss of revenue due to the temporary unavailability of the affected room for rental. Compensation is set at a flat rate of 250.00 euros.<\/p>\n 9.1)<\/strong> 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 made by the customer are invalid.<\/p>\n 9.2)<\/strong> The place of performance and payment, as well as the exclusive venue\u2014including for disputes involving checks and bills of exchange\u2014in commercial transactions is Munich. If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general venue within Germany, Munich shall be the venue.<\/p>\n 9.3)<\/strong> German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded.<\/p>\n 9.4)<\/strong> Should any provision 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.<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" Terms and conditions 1. Scope of Application 1.1) These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes entered into between Bayerstra\u00dfe 31 Betriebs GmbH (the Hotel), as the management company of the Hotel Europ\u00e4ischer Hof in Munich, and third parties, as well as to all other services and […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"dipi_cpt_category":[],"class_list":["post-264","page","type-page","status-publish","hentry"],"yoast_head":"\n2. Conclusion of Contracts, Contractual Partners, Statute of Limitations<\/h3>\n
3. Services, Prices, Payment, Setoff<\/h3>\n
10. The guest may set off or offset a claim against a claim by the hotel only if the guest\u2019s claim is undisputed or has been finally adjudicated.<\/p>\n4. Customer Withdrawal (Cancellation)\/Failure to Use the Hotel’s Services (No-Show)<\/h3>\n
5. Cancellation by the Hotel<\/h3>\n
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6. Room Assignment, Check-In, and Check-Out<\/h3>\n
7. Hotel Liability<\/h3>\n
8. No\u2011Smoking Policy<\/h3>\n
9. Final adjustments<\/h3>\n