General Terms and Conditions of TheNew Munich GmbH (Yours

Truly) for the Hotel Accommodation Agreement and Events (January 2022)

 

I. SCOPE

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1.1

The terms and conditions apply to:

 

1.1.1

Contracts for the rental of hotel rooms for accommodation purposes as well as all other services and supplies provided by the hotel to the customer (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract

 

1.1.2

The rental of conference, banquet and event rooms of the hotel for the holding of events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as for all other services and supplies provided by the hotel to the customer.

 

1.2

The subletting or re-letting of the rooms, areas or vitrines provided as well as public invitations and the holding of sales or similar events as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form, whereby §540, paragraph 1, sentence 2 (BGB) is waived insofar as the customer is not a consumer within the meaning of §13 (BGB).

 

1.3

The customer's general terms and conditions shall only apply if this has been expressly agreed in text form in advance.

 

II. CONCLUSION OF A CONTRACT; -PARTNER

 

2.1

The contract is concluded by the hotel's acceptance of the customer's request. The hotel is free to confirm the booking of the room or the event in text form or via e-mail.

 

2.2

The contracting parties are the hotel and the customer who makes use of the hotel's services. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the corresponding contract.

 

III.SERVICES, PRICES, PAYMENT, OFFSETTING

 

3.1

The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services. Unless otherwise agreed, there is no entitlement to the provision of a specific room or - in the case of events - a room allocated in advance for organisational reasons.

 

3.2

The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel. In particular, this shall also apply to claims of copyright associations.

 

3.3

The advertised prices are for single bookings. A booking is considered a group booking if ten or more rooms are booked for the same night. In the case of a group booking, separate contractual conditions apply, which are concluded in a separate hotel accommodation contract between the hotel and the customer. If a customer independently books ten or more rooms for the same night, the hotel reserves the right to replace this booking with a separate hotel accommodation contract.

 

3.4

The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. They do not include local taxes that are owed by the customer according to the respective local law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local charges on the subject of agreement after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and performance of the contract exceeds four months.

 

3.5

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

 

3.6

Invoices of the hotel are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment shall be made without deduction within ten days of receipt of the invoice, unless otherwise agreed. The hotel may demand immediate payment of due receivables from the customer at any time.

 

3.7

The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours. In the event of default of payment by the customer, the statutory provisions shall apply. In the case of stays of more than one week or claims of more than EUR 1000,00 for services already rendered, the hotel may also issue interim invoices which are due for payment immediately.

 

3.8

In justified cases, for example payment arrears on the side of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the start of the stay and/or the event, to demand an advance payment or provision of security within the meaning of clause 3.6 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.

 

3.9

The hotel is also entitled to demand a reasonable advance payment or security deposit as defined in clause 3.6 above from the customer at the beginning and during the stay for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with clause 3.6 and/or clause 3.7 above.

 

3.10

The customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.

 

3.11

The customer agrees that the invoice may be sent to him electronically.

 

3.12

In the case of hotel accommodation contracts, the total invoice amount to be paid by the customer shall be due and payable no later than the time of the customer's departure. Deposits demanded by the hotel must be paid by the date specified by the hotel in each case.

 

3.13

In the event of default in payment by the customer, the hotel shall be entitled to charge the respective lawful interest on arrears of currently 8% or, in the case of legal transactions involving a consumer, of 5%, above the base interest rate. The hotel reserves the right to prove higher damages. In addition, the hotel is entitled to discontinue all further and future services for the customer if the hotel has previously sent the customer a reminder setting a deadline and has threatened to discontinue future services in the event of late payment.

 

3.14

The acceptance and selection of credit cards are the responsibility of the hotel in each individual case, even if the basic acceptance of credit cards is indicated by notices in the hotel. Cheques, credit cards and other means of payment are only accepted for processing.

 

IV. RIGHT OF SET-OFF

 

4.1

The customer may only offset an undisputed or legally enforceable claim against a claim of the hotel

 

V. 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 of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms or for the contractually booked event rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline. This shall apply accordingly in the event that an option is granted if other enquiries exist, and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable period of notice.

 

5.2

If an advance payment or security deposit agreed or demanded in accordance with clause 3.6 and/or clause 3.7 is not made even after expiry of a reasonable period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

 

5.3

Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if

 

5.3.1

force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract.

 

5.3.2

rooms are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay.

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5.3.3

events or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay.

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5.3.4

the hotel has reasonable grounds to assume that the use of the service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation.

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5.3.5

the purpose or the reason for the stay and/or the event is unlawful.

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5.3.6

the customer lets a third party use the room without the hotel's consent.

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5.3.7

there is a breach of clause 1.2 above.

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5.4

The justified withdrawal of the hotel does not entitle the customer to compensation.

 

VI. WITHDRAWAL OF THE CUSTOMER FROM THE HOTEL FRAMEWORK AGREEMENT

 

6.1

The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall in each case be made in text form.

 

6.2

If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal by the agreed date.

 

6.3

If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration. The hotel shall take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount demanded.

 

VII. WITHDRAWAL OF THE CUSTOMER FROM EVENTS, ETC.

 

7.1

The customer may only withdraw from the event contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a cancellation of the contract shall, in each case, be made in text form.

 

7.2

If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel. The customer's right of withdrawal expires if he does not exercise his right of by the agreed date.

 

7.3

If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or right of termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non- utilisation of the service. The hotel shall offset the income from other use of the rooms and the expenses saved. The respective expenses saved may be calculated as a lump sum as follows:

 

7.3.1

The obligation to pay compensation does not apply in the event of cancellation up to 84 days before the agreed date of the event. The compensation in the event of cancellation shall amount to

 

• up to 42 days before the start of the event 50%

• up to 14 days before the start of the event 75%

• from 13 days before the start of the event 90%

of the agreed price or the price resulting from the hotel's price list for the agreed event. If the customer has only rented premises (without food and beverages), the compensation shall amount to 90% of the agreed price, irrespective of the time of termination. The customer shall be at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher loss has been incurred.

 

VIII. ROOM PROVISION, HANDOVER AND RETURN

 

8.1

The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.

 

8.2

Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no right to earlier availability without a separate agreement in text form.

 

8.3

Unless a later arrival time has been agreed in advance or the room has already been paid for in full in advance or the hotel has been provided with a credit card number by the customer which allows the room price to be debited even if the customer does not show up, the hotel has the right to allocate the booked room to someone else after 4 pm. In this case, the customer has no claims against the hotel.

 

8.4

On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the following night due to the late vacating of the room until 6:00 pm and 100% after 6:00 pm for its use in excess of the contract. Contractual claims of the customer are not justified by this. The customer shall be at liberty to prove that the hotel has not incurred any claim for compensation for use or that the claim is substantially lower. Further possible claims for damages by the hotel remain unaffected.

 

8.5

The hotel is entitled to refuse a customer access to the hotel and accommodation if, on the customer's arrival, there is reasonable concern that the customer is under the influence of drugs or alcohol or behaves in an abusive manner towards the hotel staff or other customers. The hotel is entitled to expel a customer from the hotel and to terminate the existing contract with him without notice if he repeatedly disturbs the peace, harasses or insults other customers or hotel staff.

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8.6 

The hotel is entitled to refuse a customer access to the hotel and accommodation if, upon the customer's arrival, there is reasonable concern that the customer has booked the hotel room for the purpose of a party or other event under the pretext of a regular overnight stay.

 

IX. CHANGE OF THE EVENT TIME, ADDITIONAL SERVICES

 

9.1

If, in the case of events, the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge appropriately for the additional service provided, unless the hotel is at fault for the postponement.

 

9.2

If the customer wishes to change the agreed type of seating on the day of the event, the hotel reserves the right to charge a flat rate of EUR 75,00 for the change.

 

9.3

In the case of booked events for which the hotel provides services for a certain agreed number of persons, the actual number of persons may not be more than 20% below the number stated in the event contract, irrespective of the time of the reduction.

 

9.4

The customer is obliged to inform the hotel of the final number of persons at the latest 5 working days before the start of the event.

 

9.5

In the event of increases in the number of persons, the settlement shall be based on the actual number of persons. Reductions in the actual number of persons compared to the number reported as final will not be taken into account and the settlement will not be based on them.

 

9.6

If the actual number of participants is lower, the hotel is entitled to charge the customer in full for the difference between the actual number of participants and the maximum permitted reduction.

 

9.7

Any costs incurred in addition to the contractually agreed services, such as telephone, drinks from the (mini) bar and additionally ordered food and drinks, shall be paid by each event participant. The customer shall be liable for these costs together with the event participant as joint and several debtors.

 

X. BRINGING IN FOOD AND DRINKS TO EVENTS

 

10.1

The customer may not bring food and beverages to events as a matter of principle. Exceptions require an agreement with the hotel. In these cases, a contribution to cover overhead costs will be charged.

 

XI. TECNICAL EQUIPMENT AND CONNECTIONS

 

11.1

Insofar as the hotel provides technical and other facilities for the customer at the latter's instigation procured from third parties, it acts in the name of, on the authority of and for the account of the customer. The customer shall be liable for the careful handling and proper return. He shall indemnify the hotel against all claims of third parties arising from the provision of these facilities.

 

11.2

The use of the customer's own electrical equipment using the power grid of the Hotel requires its consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of this equipment shall be borne by the customer insofar as the hotel is not responsible for such malfunctions or damage. The hotel may record and charge the electricity costs arising from the use of such equipment on a flat-rate basis.

 

11.3

With the hotel's consent, the customer is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.

 

11.4

If suitable facilities of the hotel remain unused due to the connection of the customer's own facilities, an outage fee may be charged.

 

11.5

Faults in technical or other facilities provided by the hotel shall be remedied immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

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XII. INTERNET USAGE

 

12.1

We provide our guest Wi-Fi access exclusively for use by visitors to our hotel. It is not a publicly accessible telecommunications service, but an internal Wireless LAN for our guests. The prerequisite for usage is that you first agree to these terms by entering the password to connect to the Wi-Fi. There is no entitlement to use the hotspot. We are at liberty to limit or block access to the hotspot at any time without giving reasons. The current version of these terms and conditions, made available to you at the time you register to use the hotspot, applies.

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12.2

When using the hotspot, you are prohibited from any activities that contravene current statutory law, infringe the rights of third parties or violate laws for the protection of minors. In particular the following activities are prohibited:

• the uploading, distribution, offering or solicitation of content, services and/or products that are fraudulent, pornographic, violate the Youth Protection Act, the Data Protection Act and/or any other laws; the publication or making accessible of content that is offensive or defamatory to other users or third parties; using, supplying or distributing content, services and/or products, that are legally protected or subject to third party rights (e.g. copyright), without express permission; making publicly available works that are protected by copyright, or other copyright-infringing activities, in particular via the use of internet exchange platforms or file-sharing services. 

Furthermore, irrespective of any possible contravention of the law, when uploading content on the Internet page of the service provider, or when communicating with other users (e.g. by sending personal messages, participating in discussion forums etc.) the following activities are prohibited:

• the bulk transmission of large volumes of data and in particular their sustained transmission; hosting a web server or any other kind of server through use of a hotspot of the service provider; changing the default DNS servers in the network settings of the hotspot of the service provider; sending junk or spam mails as well as chain letters; the distribution of viruses, Trojans or other malicious files; the distribution of offensive, indecent, sexual, obscene or defamatory content or communication, as well as any content or communication that could be used to endorse or promote (whether explicitly or implicitly) racism, bigotry, hatred, physical violence or illegal activities; requesting other users or third parties to reveal their passwords or personal data for commercial or unlawful/illicit purposes; also prohibited is any activity that may serve to impair the smooth operation of our hotspot, in particular anything that puts an excessive load on our systems.

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12.3

We may block user access to the hotspot temporarily or permanently if we have concrete grounds for suspecting that you are, or have been, in violation of these terms of use and/or applicable laws, or if we have any other legitimate reason to block access.

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12.4

As a User, you are fully responsible for all your activities related to the use of the Internet via our hotspot.  You hereby indemnify us on first request, from all third-party claims against us due to the user’s infringement of statutory regulations, claims made due to infringement of third party rights (in particular personal, copyright, and trademark laws) or infringement of contractual obligations, warranties or guarantees, including any legal defense expenses (legal fees and costs at the statutory rate). In the event of claims arising, you are obliged to cooperate immediately and fully with the fact finding process, and make readily available to us any information required.

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XIII. LOSS OR DAMAGE TO PROPERTY BROUGHT IN

 

13.1

Exhibits or other items, including personal items, carried along are at the risk of the customer in the event rooms or in the hotel. The hotel accepts no liability for loss, destruction or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. Excluded from this are damages arising from injury to life, limb or health. In addition, all cases in which safekeeping constitutes a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

 

13.2

Decorative material brought into the hotel must comply with fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.

 

13.3

Any exhibition or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer's expense. If the items remain in the event room, the hotel may charge reasonable compensation for use for the duration of the withholding of the room.

 

XIV. LIABILITY OF THE CUSTOMER

 

14.1

If the customer is an entrepreneur, he shall be liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

 

14.2

The customer releases the hotel from all claims by third parties’ parties based on the conduct of the customer, its employees, event participants and its vicarious agents.

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14.3

If a room booked for a regular overnight stay is used for the purpose of a party or event, the hotel reserves the right to charge a lump sum of € 3,000 to the means of payment deposited at the time of booking.

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XV. LIABILITY OF THE HOTEL

 

15.1

The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. Typical contractual obligations are those obligations that make the proper performance of the contract possible in the first place and on the performance of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this Section XIV. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum.

 

15.2

The hotel shall be liable to the customer for items brought in in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than EUR 800,00 or other items with a value of more than EUR 3500,00, this requires a separate storage agreement with the hotel.

 

15.3

Insofar as a parking space is made available to the customer in the hotel garage or in the hotel car park, even for a fee, this shall not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with the above Clause 14.1, Sentences 1 to 4.

 

15.4

Wake-up calls are carried out by the hotel with the utmost care. Messages for the customers are handled with care. After prior consultation with the customer, the hotel may accept, store and - upon request - forward mail and merchandise shipments for a fee. The Hotel shall only be liable in this respect in accordance with the above Clause 14.1, Sentences 1 to 4.

 

XVI. FINAL PROVISIONS

 

16.1

Amendments and supplements to the contract, the request acceptance or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer are invalid.

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16.2

The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - in commercial transactions shall be the city of Munich, Germany. Insofar as the customer fulfils the prerequisite of §38 paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the city of Munich, Germany.

 

16.3

German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

 

16.4

In accordance with the legal obligation, the Hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("OSPlatform"): http://ec.europa.eu/consumers/odr/

 

16.5

However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.