Terms of King’s hotels for hotel accommodation contracts.
1. These terms and conditions apply to contracts for the rental use of hotel rooms of the respective King’s Hotel (hereinafter the “hotel”) for accommodation purposes as well as for all other services rendered or goods delivered to the customer.
2. Subject of the contract / duty of the customer to provide information / arrival and departure
1. Unless explicitly agreed otherwise, the premises are made available to customers for their own use for accommodation. If the customer wishes to use the premises for other purposes, e.g. for public invitations or other promotional activities, interviews and sales presentations or similar events, or uses other parts of the hotel in addition to the rented rooms, this will require the prior written approval of the hotel, and may be subject to an additional fee. § 540 para. 1 sentence 2 does not apply if the customer is not a consumer.
2. Unless expressly agreed otherwise, booked rooms are available to the customer from 15:00 hrs on the agreed day of arrival and must be occupied by 18:00 hrs on the agreed day of arrival. If the customer does not make use of the room in good time in the absence of any contractual arrangement, the hotel will have the right to allocate the room to other guests. The customer will not have any claim to compensation as a result.
On the agreed day of departure the room must be vacated and available to the hotel by 12:00 hrs at the latest. If the room is vacated later than this time the customer will have the duty to pay for the additional use and provide compensation for any additional damage incurred.
3. The customer is obliged to inform the hotel without being asked – at the latest on conclusion of the contract – if his person or any other special circumstances known to him relating to his use of hotel’s services will be likely to endanger the smooth operation, security or reputation of the hotel.
3. Conclusion of contract/ changes inservices and prices / meeting deadlines
1. The contract is usually concluded in response to a request from the customer (with regard to the customer’s obligations to provide information please see Section 2.3.). There is no specific form and confirmation by the hotel of the booking either verbally or by telephone will be sufficient for the conclusion of the contract. The hotel is at liberty to confirm the room reservation in text form . If advanced payment or a security deposit if required when the contract is concluded, this will normally be stated in written form.
2. The contract is concluded on the basis of the price valid at the time of the conclusion of the contract for the period which is reserved. If the period between the conclusion of the contract and its fulfilment is more than four months, King’s Hotels will have the right to adjust prices in relation to any demonstrable increase in the cost of the services to be provided (personnel costs energy costs fuel costs etc). This will also apply in the event of any increase in VAT. The increase may not exceed the amount of the cost increases and must be notified immediately. If the price is increased by more than 8 percent, the customer will have the right to withdraw from the contract without incurring any costs, provided that notice of withdrawal is given immediately.
3. Decisive for the compliance with deadlines is the receipt of the customer’s notification by the hotel.
4. Payment and due date
1. Unless agreed otherwise the bills issued by the hotel are payable without deduction within 10 days of the invoice date and at the latest at the end of the accommodation.
The hotel is entitled to call in accrued amounts at any time and to demand immediate payment.
2. If the customer is in arrears the hotel will beable to demand the applicable interest on arrears. For each reminder sent once the customer is in arrears, the hotel will have the right to demand collection expenses at a reasonable level.
3. The customer may only offset undisputed or legally recognised claims against the claims of the hotel.
5. Withdrawal by the customer, non-use of the services of King’s Hotels
1. If the hotel and the customer have agreed in writing on the right of withdrawal free of any costs by a specific deadline, the customer will have the right to withdraw from the contract by the agreed date without incurring any costs.
2. Otherwise the hotel will have the right, in the event of failure to use the agreed service, to claim compensation for nonfulfilment, unless the damage has been avoided by action in accordance with Section 2.2. The compensation will be calculated on the basis of the agreed contractual price less any costs which have been saved. As a rule, 80% of the contract price will be due as compensation for accommodation with or without breakfast or packages involving third-party services. The customer is free to prove – on the basis that it was possible to save a higher cost level, or the services could be transferred to other customers – that this claim is not justified or justified at the required level.
6. Liability on the part of the hotel
1. In accordance with §§ 701, 702 BGB, the hotel is liable to the customer for cash, securities and valuables up to 100 times the room rate, but only to a maximum of up to € 800.00. As a result guests are recommended to store any valuables in their room safe. For other items brought into the hotel liability is limited to a maximum of € 3,500.00.
Unless the conditions of § 703 Sentence 2 BGB are met, any claims in this respect will be null and void if the customer does not immediately report to the hotel any loss, destruction or damage.
2. The hotel will be liable under the relevant statutory provisions for any damage to life, limb or health.
3. Unless Sections 6.1. and 6.2 apply, and the damage was caused neither intentionally nor through gross negligence, liability to the customer will be limited to € 4,100.00, unless additional guarantees have been provided.
This limitation on liability also applies in favour of the employees and agents of the hotel in relation to any direct claims made against them by the customer.
7. Statute of limitations
1. The claims for damages on the part of the customer specified in Section 6.3. will be subject to limitation two years from the time at which the customer became aware of the damage and, regardless of when the customer became aware of the damage, at the latest after the expiry of three years from the time of the event of damage.
8. Applicable law / place of jurisdiction
1. The laws of the Federal Republic of Germany will apply, to the exclusion of the UN Sales Convention.
2. In commercial transactions, including disputes relating to cheques, Munich will be the exclusive place of jurisdiction.