Landsberger Straße 117 D-80339 Munich
Tel +49 (0)89 5108959-0
Fax +49 (0)89 5108959-109
General Terms and Conditions of Trade
1. These Standard Terms of Business apply to contracts for the rental of hotel rooms for the purpose of accommodation, as
well as for all further services and deliveries for the customer by the hotel in connection herewith.
2. Sub-letting or re-letting of the provided rooms for purposes other than lodging require the prior written consent of the hotel.
3. The customer's terms and conditions apply only if so agreed in advance in writing.
Conclusion of contract, contracting parties, contractual liability and limitation period
1. The contract comes into being upon the acceptance of the customer's application by the hotel. At its own discretion, the
hotel may confirm the room reservation in writing.
2. The parties to the contract are the hotel and the customer. If a third party placed the order, then that party shall be liable
vis-àvis the Hotel for all obligations arising from the Hotel accommodation contract as joint and several debtor with the
customer in the case that the Hotel has a written statement to this effect from the third party.
3 The Hotel shall be liable for its obligations from this contract. This liability is limited to cases of intent and gross negligence
on the part of the Hotel in non-typical services.
4. Any and all claims by the customer shall be time-barred after 6 months.
5. The above-mentioned limitation of liability and brief limitation period apply to the hotel's benefit even if obligations are
violated during actions leading up to the contract and in case of positive violations of contractual obligations.
Performances, rates, payment, set-off
1. The Hotel undertakes to keep the rooms reserved by the customer available, and to render the services which have been
agreed in advance.
2. The customer is obligated to pay the applicable or agreed Hotel rates for rooms provided and for other services used. This
also applies to the hotel's services and outlays to third parties caused by the customer.
3. The agreed rates include relevant and statutory value-added tax. If the period between conclusion and fulfilment of the contract
exceeds 4 months, and if the rate generally charged by the Hotel for such services increases, then the Hotel may raise
the rate agreed by contract to a reasonable extent, but not by more than 10%.
4. Furthermore, the Hotel may change rates if the customer later wishes to make alterations in the number of reserved hotel
rooms, the services of the Hotel, or the length of the stay of customers, and the Hotel consents to them.
5. Hotel bills bearing no settlement date have to be paid in full within ten days of receipt. At any time, the Hotel is entitled to
call in accruing amounts owed and to insist upon immediate payment. In case of delayed payment, the Hotel may charge interest
to the extent of 4% above the basic interest rate of the European Central Bank. The customer and Hotel reserve the right
to provide evidence of lower or higher damages, respectively.
6. The Hotel is entitled to insist upon an appropriate advance payment or security deposit upon conclusion of contract or
thereafter, observing the legal provisions for package tours. The amount of the advance payment and dates for payment may
be agreed in writing in the contract.
7. The customer may offset or reduce a claim made by the Hotel only against an indisputable and legally binding claim.
Rescission by customer (cancellation)
1. Rescission of the contract concluded with the Hotel by the customer requires the hotel's written or telephonic consent under
provision of a cancellation number. If it is not granted on the part of the Hotel, then the rate agreed in the contract must be paid
even if the customer does not avail himself of contractual services. This does not apply in cases of delayed performance of the
hotel or of impossibility of performance for which the Hotel is at fault.
2. To the extent that the Hotel and customer agreed upon in writing a date for rescinding the contract, the customer may
rescind the contract up to that date without incurring payment or damage compensation claims by the Hotel. The customer's
right of rescission expires if he does not exercise his rescission right in writing vis-à-vis the Hotel by the agreed date, to the
extent there is no delay in performance by the Hotel or impossibility of performance for which the Hotel is at fault.
3. If rooms are not used by the customer, the Hotel must apply credit for the income from renting the rooms to other parties
and also for saved expenses.
4. At its own discretion, the Hotel may require flat-rate compensation from the customer for damages incurred. Then the
customer is obligated to pay 80% of the contractually agreed rate for lodging with or without breakfast, 70% for room and
half-board, and 60% for room and full-board arrangements. The customer is at liberty to prove that no damages were incurred
or that the damages incurred by the Hotel were lower than the flat-rate amount charged.
Rescission by the Hotel
1. In the event that a right of rescission within a certain period of time was agreed in writing for the customer, the Hotel is entitled
for its part to rescind the contract during that period if there are inquiries from other customers concerning the contractually
reserved rooms and the customer does not waive his right of rescission when asked by the Hotel.
2. If an agreed advance payment is not made even after a reasonable period of grace set by the Hotel with warning of rejection
has expired, then the Hotel is likewise entitled to rescind the contract.
3. Furthermore, the Hotel is entitled to effect an extraordinary rescission of the contract for a materially justifiable cause, for
- force major (an act of god) or other circumstances for which the Hotel is not responsible, make it impossible to fulfil the
- rooms are reserved with misleading or false information regarding major facts such as the identity of the customer or the
- the Hotel has justifiable cause to believe that use of the hotel's services and performances might jeopardise the smooth
operation of the Hotel, its security or public reputation without being attributable to the hotel's sphere of control or
- there is a violation of clause applicability of paragraph 2.
4. The Hotel has to immediately notify the customer of its right of rescission.
5. The customer cannot derive any claim for compensation from justified rescission by the Hotel.
Room availability, delivery and return
1. The customer does not acquire the right to be provided specific rooms.
2. Reserved rooms are not available before 2.00 p.m. to the customer on the agreed arrival date. If rooms are available earlier,
these may be made available to the customer ahead of time. The customer does not have the right to earlier availability.
3. Rooms must be vacated and made available to the Hotel no later than 12.00 noon on the agreed departure date. After that
time, the Hotel may charge 50 % of the full accommodation rate (list price) in addition to damages so incurred for the additional
use of the room until 6.00 p.m., after 6.00 p.m. 100 %. The customer is at liberty to prove to the Hotel that it incurred no or
much lesser damages. If the Hotel fully booked and the room not made available before 2.00 p.m., the Hotel shall be free to
vacate the room in consideration of extraordinary diligence concerning the customer's belongings.
Liability of the Hotel
1. The Hotel assumes liability for the due care and diligence of a prudent merchant. However, its liability is limited to performance
defects in non-typical service areas, damages, consequent damages, and faults or defects resulting from intent or
gross negligence on the part of the Hotel. Should faults or defects of the hotel's services occur, the Hotel will endeavour to
remedy the situation when the Hotel is notified of this or upon the customer's immediate notification of the defect or fault. The
customer undertakes to contribute reasonable assistance in remedying the fault and minimising any possible damages.
2. The hotel's liability towards the customer's property brought into the Hotel is in accordance with the statutory provisions, the
liability is limited to 100 times the room price, however, at most EUR 3,500.-, as well as for cash and valuables at most EUR
800,-. Cash and valuables up to a maximum value of EUR 3000,00 may be stored in the Hotel safe at the reception. The hotel
recommends to make use of this facility. Liability claims expire unless the customer immediately notifies the Hotel after learning
of the loss, destruction or damage to the Hotel. (§703 German Civil Code)
3. Unlimited liability of the Hotel is governed by the statutory provisions.
4. Insofar as a parking space is provided to the customer in the Hotel car park or a Hotel parking lot, this does not constitute a
safekeeping agreement, even if a fee is charged. The Hotel assumes no liability for loss of or damage to motor vehicles parked
or manoeuvred on the hotel's premises or its contents, excepting cases of intent or gross negligence. This also applies to
people carrying out jobs for and being employed by the Hotel.
5. Wake-up calls are carried out with the greatest possible diligence. Damage compensation claims are precluded hereby;
exceptions are cases of gross negligence or intent.
6. Messages, mail and merchandise deliveries for Hotel guests are handled with care. The Hotel will deliver, hold and for a
certain fee forward such items by request. Damage compensation claims are precluded hereby, excepting cases of gross
negligence or intent.
1. Amendments or additions to this contract, the acceptance of the proposal ort his General Terms and Conditions of Trade
must be made in writing. Partial amendments or additions through the customer are not applicable.
2. Place of fulfilment and payment is the registered office of the Hotel.
3. Exclusive place of jurisdiction in commercial transactions - including cheque and bills of exchange disputes- is the
registered office of the Hotel. If the customer has no general place of jurisdiction according to the regulations of § 38 paragraph
1 German Code of Civil Procedure in Germany, the place of jurisdiction shall again bet he registered office of the Hotel.
4. German law shall apply.
5. Should individual terms of these Standard terms of business be invalid or void, this shall not thereby affect the validity of the
remaining terms. The same applies to gaps in the contract. Apart from this, the statutory provisions shall apply.