EURO YOUTH HOTEL MUNICH GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
1 SCOPE OF APPLICATION
1.1 These Terms and Conditions shall apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and supplies provided by the hotel to the guest in this connection (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract, Hotel Room Contract.
1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) shall be excluded insofar as the guest is not a consumer.
1.3 General terms and conditions of business of the guest or of an intermediary agency shall apply only if this has been expressly agreed in writing in advance in the individual case.
2 CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, LIMITATION PERIOD
2.1 Bookings may only be made by persons with full legal capacity.
2.2 The contracting parties are the hotel and the guest. The contract shall be concluded by the hotel's acceptance of an application by the guest.
2.3 If a third party makes the booking on behalf of the guest, he shall be liable to the hotel as the party placing the order together with the guest as joint and several debtors for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the third party.
Irrespective of this, each ordering party is obliged as a vicarious agent to pass on to the guest all information relevant to the booking, in particular these General Terms and Conditions.
If the guest bypasses the inclusion of these General Terms and Conditions upon conclusion of the contract by using an ordering party, these General Terms and Conditions shall nevertheless be deemed to have been agreed.
2.4 All claims against the hotel shall generally become statute-barred one year after the statutory commencement of the limitation period. Claims for damages shall become statute-barred after five years depending on knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
2.5 The currently valid house rules are an integral part of this contract and can be downloaded from the hotel's website (www.euro-youth-hotel.de).
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to hold available the rooms booked by the guest and to provide the agreed services.
3.2 The guest is obligated to pay the hotel's agreed price for the provision of the room and the other services used by the guest. This shall also apply to services provided by third parties and paid for by the hotel, regardless of whether they were commissioned by the guest directly or through the hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the guest 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 levies on the subject of performance 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.
3.4 If, after conclusion of the contract, the guest wishes to reduce the number of rooms booked, the services booked by the hotel or the length of the guest's stay, the hotel may make its consent conditional upon an increase in the respective agreed price.
3.5 The price for the booked accommodation is due in one payment transaction at the latest upon the guest's arrival at the hotel. The hotel may demand immediate payment of due receivables from the guest at any time. Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice. In the event of late payment, the hotel shall be entitled to the statutory interest on arrears applicable at the time. The hotel reserves the right to prove higher damages.
3.6 The hotel shall be entitled to demand an advance payment or a corresponding security deposit for existing and future claims up to the full booking price under the contract from the guest or orderer upon and after conclusion of the contract, at the beginning and during the stay, for example in the form of a credit card guarantee by disclosing the credit card details of the contracting party. Any payment fees incurred shall be borne by the payer. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
3.7 For groups of 8 or more persons, a deposit of 50 % (100 % for only one overnight stay or for major events such as Oktoberfest, trade fairs, football matches, New Year's Eve) of the total booking amount is due no later than two weeks after confirmation of the booking.
3.8 Separate confirmations for visa applications will only be issued after prepayment of the total amount of the booking. As a rule, they are sent by fax or email. In the event of cancellation, the deposit paid shall be due to the hotel as reimbursement of expenses.
3.9 If accommodation in the hotel is not possible for an important reason, the hotel shall be entitled to accommodate the guest at the agreed price in another hotel with comparable facilities and services; the guest shall have no right of recourse against the hotel.
3.10 The guest may only set off or offset an undisputed or legally binding claim against a claim of the hotel.
4 WITHDRAWAL OF THE GUEST (CANCELLATION) / NON-UTILISATION OF THE HOTEL'S SERVICES (NO SHOW)
4.1 The hotel grants the guest a right of cancellation subject to the following provisions.
A)Individual travellers up to 7 persons:
Free cancellations are possible (unless otherwise agreed) until the beginning of the third day before the day of arrival. In the event of cancellation later than the third day before the day of arrival or a no-show, the hotel will charge a cancellation fee of 100% of the contractually agreed accommodation price for the first night. During major events such as the Oktoberfest, important trade fairs, football matches, New Year's Eve, etc., the group conditions also apply to individual travellers (see 4.1B).
B) Group bookings of 8 or more persons:
A cancellation period of 9 months before the date of arrival applies to group bookings, even if the contract was only concluded within this period. A reduction in the number of persons by more than ten percent is deemed to be a cancellation. In case of cancellation within this period, the guest is obliged to pay cancellation fees according to the following conditions:
a) Cancellation more than 6 months before the date of arrival: 20 % of the price of the stay.
b) Cancellation less than 6 months prior to the date of arrival: 35 % of the price of the stay.
c) Cancellation less than 3 months before date of arrival: 45 % of the price of the stay
d) Cancellation less than 2 months before date of arrival: 60 % of the price of the stay
e) Cancellation less than 1 month before date of arrival: 90 % of the accommodation price
f) Cancellation on the day of arrival or in case of no-show: 90 % of the price of the stay and catering costs.
g) A reduction in the number of persons by less than 10 % can be cancelled free of charge up to 5 days before the day of arrival. In the case of persons in a multi-bed room, the hotel reserves the right to reallocate the vacated bed(s), unless the guest group pays for the vacated bed(s).
4.2 The guest is at liberty to prove that the hotel has suffered no loss or that the loss incurred by the hotel is less than the flat rate demanded.
4.3 Cancellation by the guest of a contract concluded with the hotel shall be effective only if in writing (e-mail is sufficient) and with a written acknowledgement of receipt by the hotel.
5 CANCELLATION BY THE HOTEL
5.1 If it has been agreed that the guest 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 within this period of time if there are requests from other guests for the contractually reserved rooms and the guest does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded pursuant to Clause 3.6 and/or Clause 3.7 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall be entitled to withdraw from the contract.
5.3 The hotel shall be entitled to withdraw from the contract or terminate the contract for materially important reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
- rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the guest, the ability to pay or the purpose of the stay;
- the hotel has reasonable grounds to assume that the use of the service may jeopardise the smooth operation of the business, the safety of other guests or the hotel's reputation in public without this being attributable to the hotel's sphere of control or organisation;
- the purpose or occasion of the stay is unlawful;
- there is a violation of Art. 1 No. 2 and/or Art. 2 No. 1 above.
5.4 The justified withdrawal of the hotel does not constitute a claim for damages on the part of the guest.
5.5 If the appearance and behaviour of a guest is unacceptable to the other guests, the hotel has the right to terminate the accommodation contract extraordinarily.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 Rooms booked shall be available to the guest as of 2:00 p.m. on the agreed date of arrival. The guest shall not be entitled to earlier provision of the room.
6.2 The Guest shall not be entitled to the provision of specific rooms unless this has been expressly agreed.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. In the event of a late departure agreed prior to exceeding this deadline, the departure time shall be extended to 12:00 noon at the latest. In the event of late vacating of the room, the hotel shall be entitled to a claim for use in excess of the contract in the amount of 100 % of the valid daily rate. Contractual claims of the guest are not justified by this. The guest shall be at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
6.4 In the case of group bookings of 8 or more persons with accommodation in multi-bed rooms, the hotel shall determine the division in which the guests are accommodated.
6.5 If, in the case of a booking guaranteed by advance payment, the guest does not arrive by 6:00 a.m. at the latest on the day after the agreed date of arrival, the hotel shall be entitled to allocate the rooms or beds provided elsewhere without the guest being able to derive any claims for compensation therefrom. However, if no advance payment or security has been made, the hotel has the right to assign booked rooms or beds to other guests as early as 2 p.m. on the day of arrival without the guest being able to derive any claims for compensation from this. The hotel shall also have a right of cancellation in each case.
6.6 In the case of groups of 8 or more persons, a list of all participants with their full names and dates of birth shall be handed over to the hotel at the latest upon arrival. If the total number of guests exceeds the contractually agreed number of persons, the additional guests shall not be entitled to accommodation.
6.7 Persons under 18 years of age may only stay together in one room if accompanied by a parent or guardian. In the case of group trips with participants under 18 years of age, a parent or guardian or an authorised person of full age must be present in the hotel as a supervisor.
6.8 In the case of an overnight stay in a dormitory, a maximum stay of 7 nights in total within a 3-month period applies.
6.9 In the 10/12 bed dormitories, an age restriction of at least 18 and a maximum of 35 years applies.
6.10 As a general rule, pets are not allowed.
7 LIABILITY OF THE HOTEL
7.1 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 on the part of the hotel or on an intentional or negligent breach of duties typical of the contract on the part of the hotel. 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 clause 7. Should disruptions or defects in the hotel's services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the guest. The guest shall be obligated to contribute what is reasonable to him/her in order to remedy the disruption and minimise any possible damage.
7.2 The hotel shall only be liable for other damage caused by slight negligence if such damage is attributable to the breach of a material contractual obligation or a cardinal obligation in a manner jeopardising the purpose of the contract. In these cases, liability shall be limited to the foreseeable damage typical for the contract.
7.3 The hotel shall be liable to the guest for items brought in in accordance with the statutory provisions. The hotel recommends the use of lockers. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.4 Messages, mail and consignments of goods for guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment and, on request, also for lost property. Claims for damages, except for gross negligence or intent, are excluded.
7.5 The above limitations of liability shall apply to all claims for damages regardless of their legal basis, including claims in tort. The above limitations of liability shall also apply in cases of any claims for damages by a guest against employees or vicarious agents of the hotel. They shall not apply in cases of liability for a defect following the assumption of a guarantee for the quality of an item or work, in the case of fraudulently concealed defects or in the case of personal injury.
7.6 The guest shall be liable for damage to inventory caused culpably or negligently, also by a member of a group. The hotel reserves the right to demand a deposit of up to EUR 500.00 on the arrival of a group. The deposit will be refunded on departure, provided that the hotel has not incurred any claim for damages attributable to the guest. Damages in excess of the deposit amount are due immediately and must be paid directly on site.
7.7 Should disruptions or deficiencies occur in the hotel's services, the hotel shall endeavour to remedy the same upon the guest's immediate complaint. If the guest fails to notify the hotel of a defect, the guest shall not be entitled to a reduction of the contractually agreed remuneration.
8 FINAL PROVISIONS
8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the guest shall be invalid.
8.2 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 location of the Hotel in Munich. If a contracting party fulfils the prerequisite of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Munich. However, the hotel shall be entitled to bring actions and other legal proceedings also at the customer's general place of jurisdiction.
8.3 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.
8.4 Should 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.