General Terms and Conditions
In the following you can read the General Terms and Conditions of Hotel München Palace
General Terms and Conditions for Contracts Governing the Accommodation of Guests at Hotel München Palace, Trogerstr. 21, 81675 Munich, Germany, owned by Roland Kuffler GmbH
I. Scope of application
- These Terms and Conditions apply to contracts for letting hotel rooms for accommodation purposes in Hotel München Palace (the "Hotel") as well as to all other goods and services provided by the Hotel to customers, hereinafter referred to as the "Guest Accommodation Contract" or the "Contract".
- The Customer’s terms and conditions shall only apply if this has been expressly agreed beforehand in writing.
II. Conclusion of the Contract, contractual parties, time limitation
- The Contract shall be deemed concluded when the Hotel accepts the Customer’s application. The Hotel shall be free to confirm the reservation in the text form (by post, email, fax).
- The parties to the Contract are the Hotel and the Customer (hereinafter the "Parties"). If any third party makes the reservation on behalf of the Customer and the Hotel is in possession of a corresponding declaration from such third party, he/she, together with the Customer, shall be jointly and severally liable to the Hotel for all obligations under the Contract.
- As a rule, all claims against the Hotel shall become statute-barred one year after the statutory beginning of the limitation period, in principle. Claims for damages shall become statute-barred after five years, irrespective of whether the claimant knew about the grounds for the claim or not. Shortened periods of limitation shall not apply to claims based on wilful or grossly negligent breach by the Hotel of its obligations.
III. Services, prices, payment, netting of claims
- The Hotel undertakes to make available the type and number of rooms reserved by the Customer and to provide the agreed services.
- The Customer shall not be entitled to sub-let to others the rooms made available to him/her, or to use them for other purposes than accommodation without the Hotel's prior written consent; in such a case, § 540 para. 1 phrase 2 of the German Civil Code [BGB] shall not apply if the Customer is not a consumer within the meaning of BGB.
- The Customer undertakes to pay the agreed or applicable prices for the rooms and the additional services ordered. This shall also apply to any services ordered by the Customer for third parties and expenses incurred by the Hotel as a result. The agreed price shall include the applicable statutory value added tax (VAT). If the applicable VAT is increased, the Hotel shall be entitled to increase the agreed prices accordingly. If the period between reservation and actual use of the Hotel’s facilities exceeds 180 days, and the Hotel increases the prices for specific services during this period, the Hotel shall be entitled to increase the agreed price by the same percentage, however up to a maximum of 10%.
- The Hotel may subject its consent to a subsequent reduction of the number of rooms reserved by the Customer, a reduction of the Hotel's services, the length of the Customer’s stay, to the prices for the room(s) and/or any other services provided by the Hotel being increased.
- The Customer's participation in the breakfast buffet shall be posted on the hotel’s invoices under the item "Flat rate for services" ("LRS-Pauschale").
- As a rule, the Hotel’s invoices shall be due for payment without any deduction immediately, at the latest upon arrival at the Hotel. In exceptional cases and only subject to prior agreement, invoices not paid upon arrival may be sent to the Customer for later payment. Invoices sent to the Customer that do not state any payment deadline are payable without any deduction within 10 days from receipt of the invoice. The Hotel may demand immediate payment of due amounts at any time. In the event of default in payment, the Hotel shall be entitled to claim the statutorily applicable interest on arrears at a present rate exceeding the base rate by 8 percentage points or, if a consumer is involved, by 5 percentage points. The Hotel reserves the right to evidence a higher loss.
- The Hotel shall be entitled to request from the Customer a reasonable down payment or the provision of a security in the form of a credit card guarantee, advance payment, or the like, at the time of conclusion of the Contract. Such deposit shall be due within 2 weeks from conclusion of the Contract. If the stay in the Hotel is part of a package tour, the statutory provisions on down payments or security deposits shall not be affected by the foregoing.
- In justified cases, e.g. payment arrears of the Customer, the Hotel shall be entitled, even after conclusion of the Contract up to the beginning of the Customer’s stay, to request a down payment or provision of a security pursuant to above Number 7, or to increase the amount of the down payment or the security agreed in the Contract up to full payment of the agreed price.
- The Hotel shall also be entitled, both at the beginning of and during the Customer’s stay, to demand a reasonable down payment or provision of a security pursuant to above Number 7 to cover current and future claims under the Contract, unless this has already be done in compliance with above Numbers 7 and/or 8.
- The Customer may only set off his/her own claims against the Hotel’s claims or withhold fulfilment of the Hotel’s claims, if his/her own claims are undisputed or final and conclusive.
IV. Rescission of the Contract by the customer (cancellation) / Failure to use the hotel’s services
- Rescission by the Customer of the Contract entered into with the Hotel shall be subject to the Hotel’s written consent. Should this consent not be granted, the price agreed in the Contract must be paid even if the Customer does not use the agreed contractual services. This shall not apply if the Hotel has violated its obligation to observe the Customer’s rights and interests when, as a result, the Customer can no longer be reasonably expected to continue the Contract or if the Customer is entitled to another statutory or contractual right.
- Exceptionally, a part or full rescission by the Customer of the Contract concluded with the Hotel shall be possible without the Hotel’s written consent at no expense for the Customer within the following time-limits in the following exhaustive number of cases:
- in the case of individual reservations: up to four weeks prior to the agreed date of arrival
- in the case of block bookings for five rooms or more: up to four weeks before the date of arrival, for all rooms
- in the case of block bookings of 10 rooms or more: up to six months before the agreed date of arrival, for all rooms
- If the Hotel and the Customer have exceptionally agreed in writing a date up to which the Contract may be rescinded at no expense, the Customer shall be entitled to rescind the Contract up to this date without triggering the Hotel's claims for payment or damages. The Customer's right to rescind the Contract shall lapse if he/she fails to exercise it vis-à-vis the Hotel by the agreed date in writing, unless any case of rescission by the Customer referred to in above Number 1 phrase 3 is given.
- The rooms not used by the Customer may be let to third parties. If the rooms cannot be let to other guests, the Hotel may request payment of the full price agreed in the Contract after having deducted a lump sum for costs saved by the Hotel as a result. In such a case, the Customer agrees to pay the contractually agreed price for overnight stays, with or without breakfast. The Customer shall be free to prove that the amount claimed by the Hotel is not justified at all or not to the extent claimed.
V. Rescission by the Hotel
- Provided that it has been agreed in writing that the Customer may rescind the Contract within a specific time-limit at no expense, the Hotel shall also be entitled to rescind the Contract within this time-limit if other customers have enquired for the reserved rooms and the Customer, when asked by the Hotel, does not waive his right of rescission.
- The Hotel shall also be entitled to rescind the Contract if the Customer, even after expiry of a period of grace set by the Hotel, fails to make the down payment or provide the security agreed or requested pursuant to Section III Numbers 7 and/or 8.
- Furthermore, the Hotel shall be entitled to rescind the Contract for a justified cause if, for instance:
- Force Majeure or other circumstances for which the Hotel is not responsible make performance the Contract impossible;
- rooms are booked on misleading or false statements of material facts, such as the person of the customer or purpose of the stay;
- the Hotel has justified reason to assume that the use of its hotel services may endanger the Hotel’s smooth operation, its safety, or its public standing, without this being dependent on the Hotel’s influence or organisation;
- above Section I Number 2 has been violated.
- The Customer shall not be entitled to any compensation in the event of the Hotel’s justified rescission of the Contract.
VI. Provision, handover and return of the room
- The Customer does not acquire the right to be provided particular rooms or premises. Should confirmed rooms or reserved premises not be available, the Hotel shall be entitled to provide equivalent accommodation, also by another company.
- Reserved rooms will be made available to the Customer from 15:00 h (3 p.m.) of the agreed day of arrival. The Customer has no right to be provided the room earlier.
- The rooms must be cleared and returned to the Hotel at the latest by 12:00 h (12 a.m.) on the agreed day of departure. Thereafter, up until 18:00 h (6 p.m.), the Hotel may invoice an additional 50% of the full accommodation price (list price) on account of the delayed clearance and continued use of the room, and 100% if the room is not cleared by 18:00 h (6 p.m.). This additional compensation shall not entitle the Customer to any contractual claims. The Customer shall be free to prove that the loss incurred by the Hotel as a result of the delayed clearance was substantially lower or even none at all.
- Dogs are welcome at an additional compensation, provided that the Hotel is notified in advance. The dog's owner shall be fully liable for any damage to the Hotel’s inventory caused by the dog.
VII. The Hotel’s liability
- The Hotel shall be liable for performing its obligations under the Contract with the due diligence of a prudent businessman. The Customer shall not be entitled to any claim for damages, except in the following cases: (i) if the claim is based on a damage resulting from injury to life, body, or health; (ii) if the Hotel is responsible for the breach of its obligations; (iii) if the claim is based on a damage resulting from a wilful or grossly negligent breach of the Hotel's obligations, and; (iv) if the claim is based on a damage resulting from a wilful or grossly negligent breach by the Hotel of obligations that are typical for this type of Contract. A breach of obligation by a representative or agent of the Hotel shall be deemed committed by the Hotel itself. Should the Hotel’s services not function properly or be defective, the Hotel shall use its best efforts to remedy the situation as soon as it becomes aware of it, or without undue delay upon receiving the Customer’s complaint. The Customer is bound to take all reasonable measures to contribute to remedying the malfunction and to limiting any possible damage.
- The Hotel shall be liable for any damage to, or loss of, valuable items brought into the Hotel by the Customer pursuant to the statutory provisions, i.e. up to one hundred times the price of the room, but not more than € 3,500 for money, and up to € 800 for securities and valuables. Money, securities and valuables up to a maximum value of € 1,000 may be stored in the locked safe of the room (provided it has one) and/or up to a maximum value of € 2,000 in the locked safe of the Hotel, which is recommended by the Hotel.
- Provision to the Customer of parking spaces in the garage or parking of the Hotel shall not constitute a custody contract, even if the Customer pays for this service. Except in cases of wilful misconduct or gross negligence, the Hotel shall neither be liable for any damage or loss to vehicles parked or moved on the hotel’s premises, nor for their contents. Phrases 2 to 4 of Number 1 above shall apply accordingly.
VIII. Final provisions
- Any amendment or addition to the Contract, to the acceptance of an application, or to these General Terms and Conditions for Guest Accommodation shall only be valid if made in writing. Any unilateral change or addition by the Customer shall be void.
- The place of performance and payment shall be the Hotel’s registered office.
- The courts of the Hotel’s registered office (Munich) shall have exclusive jurisdiction over litigations with other entrepreneurs within the meaning of the German Civil Code (BGB) – also concerning payment by check and bill of exchange. If a Customer meets the prerequisites of § 38 paragraph 2 Code of Civil Procedure [ZPO] and has no general venue in Germany, the place of jurisdiction shall be deemed the Hotel’s registered office (Munich).
- German law shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) and the provisions on the conflict of laws shall not apply.
- Should individual provisions of these General Terms and Conditions for Guest Accommodation Contracts be or become invalid, this shall not affect the validity of the remaining provisions. In all other cases, the statutory provisions shall apply.