Augustiner Gutshof Menterschwaige

Weiß Hospitality GmbH
Menterschwaigstraße 4
81545 München Deutschland
Tel.: 01712760400
E-Mail: office@augustinermenterschwaige.de
Website: www.augustinermenterschwaige.de

Geschäftsführer: Till Weiß / Prokuristin: Pamela Weiß

1. SCOPE OF APPLICATION

1.1 These terms and conditions apply to contracts for the lease of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel to the customer in connection therewith (hotel accommodation contract). The term “hotel accommodation contract” encompasses and replaces the following terms: accommodation, guest accommodation, hotel, and hotel room contract. 1.2 The sub-letting or further letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is excluded insofar as the customer is not a consumer. 1.3 General terms and conditions of the customer apply only if this has been previously expressly agreed.

2. CONTRACT CONCLUSION, CONTRACTING PARTIES, LIMITATION PERIODS

2.1 The contracting parties are the hotel and the customer. The contract comes into being through the acceptance of the customer’s offer by the hotel. The hotel is free to confirm the room booking in text form. 2.2 All claims against the hotel are generally subject to a one-year statute of limitations from the legal commencement of the limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on intentional or grossly negligent breach of duty by the hotel.

3. SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obligated to provide the rooms booked by the customer and to provide the agreed services. 3.2 The customer is obligated to pay the agreed prices or current prices of the hotel for the provision of rooms and other services used by them. This also applies to services commissioned directly by the customer or through the hotel, which are provided by third parties and advanced by the hotel. 3.3 The agreed prices include taxes and local charges applicable at the time of contract conclusion. Not included are local charges that are owed by the guest themselves under applicable municipal law, such as a resort tax. If there is a change in statutory VAT or the introduction, modification, or abolition of local charges on the subject of performance after contract conclusion, prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and contract performance exceeds four months. 3.4 The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services, or the customer’s length of stay conditional upon an increase in the price for the rooms and/or other hotel services. 3.5 Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand immediate payment of outstanding claims from the customer at any time. In case of late payment by the customer, statutory provisions apply. The hotel reserves the right to prove a higher damage. 3.6 The hotel is entitled to demand a reasonable advance payment or security from the customer at contract conclusion, for example in the form of a credit card guarantee. The amount of the advance payment and payment dates can be agreed in the contract in text form. For advance payments or security for package holidays, statutory provisions remain unaffected. In case of late payment by the customer, statutory provisions apply. 3.7 In justified cases, for example in case of the customer’s payment arrears or expansion of the contract scope, the hotel is entitled to demand an advance payment or security under the preceding section 3.6 or an increase in the advance payment or security agreed in the contract up to the full agreed compensation, even after contract conclusion and until the beginning of the stay. 3.8 The hotel is furthermore entitled to demand a reasonable advance payment or security under the preceding section 3.6 for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided pursuant to the preceding sections 3.6 and/or 3.7. 3.9 The customer may only set off or offset an undisputed or legally binding claim against a claim of the hotel.

4. CUSTOMER WITHDRAWAL (CANCELLATION, BOOKING CANCELLATION) / NON-USE OF HOTEL SERVICES (NO SHOW)

4.1 A customer’s withdrawal from the contract concluded with the hotel is only possible if a right of withdrawal is expressly agreed upon in the contract, another statutory right of withdrawal exists, or if the hotel expressly consents to contract termination. The agreement of a withdrawal right as well as any consent to contract termination should each be made in text form.

4.2 If a date for free withdrawal from the contract is agreed between the hotel and the customer, the customer may withdraw from the contract until that date without triggering any payment or compensation claims by the hotel. The customer’s right of withdrawal expires if they do not exercise their right to withdraw from the hotel by the agreed date.

4.3 If a right of withdrawal is not agreed upon or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not consent to contract termination, the hotel retains the claim for the agreed compensation despite non-use of the service. The hotel must deduct income from alternative rental of the rooms as well as saved expenses. If the rooms are not rented elsewhere, the hotel may standardize the deduction for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for overnight stays 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 did not arise or did not arise in the amount demanded.

5. HOTEL WITHDRAWAL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if inquiries from other customers for the contracted rooms exist and the customer does not waive their right to withdrawal upon the hotel’s inquiry with reasonable notice.

5.2 If an advance payment or security agreed upon or demanded pursuant to section 3.6 and/or 3.7 is not made even after expiration of a reasonable deadline set by the hotel, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if – Force majeure or other circumstances beyond the hotel’s control make performance of the contract impossible; – Rooms or facilities are booked with culpable misrepresentation or false information or concealment of essential facts; identity of the customer, payment ability, or purpose of stay may be considered essential; – The hotel has reasonable cause to assume that use of the service could jeopardize smooth business operations, security, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of authority or organization; – The purpose or reason for the stay is unlawful; – A violation of the aforementioned section 1.2 exists.

5.4 The hotel’s justified withdrawal does not entitle the customer to claim damages.

6. ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer does not acquire a claim to the provision of specific rooms unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 3:00 PM on the agreed arrival date. The customer has no claim to earlier provision.

6.3 On the agreed departure date, rooms must be vacated and made available to the hotel no later than 11:00 AM. After that, the hotel may charge 50% of the full room rate (list price) for use of the room beyond the contract period until 6:00 PM, and 100% from 6:00 PM onwards. This does not create any contractual claims for the customer. The customer is free to prove that the hotel has no or a substantially lower claim for usage fees.

7. HOTEL LIABILITY

7.1 The hotel is liable for damages for which it is responsible arising from injury to life, body, or health. Furthermore, it is liable for other damages arising from intentional or grossly negligent breach of duty by the hotel or from intentional or negligent violation of typical contract obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or agent. Further claims for damages are excluded unless otherwise provided in this section 7. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to provide remedies upon knowledge or prompt complaint by the customer. The customer is obligated to do everything reasonably possible to remedy the disruption and minimize possible damage.

7.2 For articles brought in, the hotel is liable to the customer according to statutory provisions. The hotel recommends use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than €800 or other items with a value of more than €3,500, this requires a separate storage agreement with the hotel.

7.3 If a parking space in the hotel garage or hotel parking lot is provided to the customer, even against payment, this does not create a bailment contract. In case of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel is liable only in accordance with the preceding section 7.1, sentences 1 to 4.

7.4 Wake-up calls are executed by the hotel with utmost care. Messages, mail, and shipments for guests are handled with care. The hotel assumes delivery, storage, and – upon request – against payment, forwarding of the same. The hotel is liable in this respect only in accordance with the preceding section 7.1, sentences 1 to 4.

8. FINAL PROVISIONS

8.1 Modifications and supplements to the contract, the acceptance of offer, or these general terms and conditions should be made in text form. Unilateral modifications or supplements by the customer are ineffective.

8.2 Place of performance and payment as well as exclusive jurisdiction – including for check and promissory note disputes – in commercial transactions is the seat of the hotel. If a contracting party meets the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction within the country, the seat of the hotel applies as the place of jurisdiction.

8.3 German law applies. Application of the UN Sales Law and conflict of laws is excluded.

8.4 In accordance with legal obligations, the hotel points out that the European Union has established an online platform for out-of-court settlement of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/ However, the hotel does not participate in dispute resolution procedures before consumer mediation centers.