Below you will find the General Terms and Conditions (hereinafter referred to as “GTC”) of Hanna King e.K.; Ma 15 GmbH & Co. KG and Hotelbetriebsges. King mbH (hereinafter referred to as “KING’s HOTELs”, hotels, the company, us” or “we”), which apply to all contracts concluded with the guest for the provision of rooms for accommodation in the KING’s HOTEL First, KING’s HOTEL Center, or AdvaStay by KING’s, as well as for other services and deliveries provided to the guest in this context (hereinafter referred to as “hotel accommodation contract”).
1. Scope of application; definitions
1.1 We conclude contracts exclusively on the basis of these GTC. Supplementary, deviating, or otherwise conflicting terms and conditions of the guest shall only apply if they have been expressly confirmed by us in writing.
1.2 Amendments and additions to the hotel accommodation contract, the acceptance of the application, or these General Terms and Conditions must be made in writing (e.g., by email).
Unilateral amendments or additions by the guest are invalid.
1.3 Unless the context indicates otherwise, references to the singular, plural, and masculine also include the feminine and diverse, and vice versa.
1.4 The following additional definitions form the basis of the General Terms and Conditions:
1.4.1 “Consumer” refers to all natural persons who enter into legal transactions for purposes that are predominantly neither commercial nor their independent professional activity.
1.4.2 “Entrepreneurs,” on the other hand, are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.
1.4.3 “Website” refers to the Internet presence of KING’s HOTELs (www.kingshotels.de/de), regardless of the country code or device (e.g., PC, mobile phone) used by the guest to access it.
1.4.4 “User” is a natural person who visits the website.
1.4.5 “Guest” is a natural person who concludes a hotel accommodation contract with KING’s HOTELs.
1.4.6 “Contracting parties” refers to the persons involved in the respective hotel accommodation contract, i.e., the guest and Hanna King e.K.; Ma 15 GmbH & Co. KG or Hotelbetriebsges. King mbH. The contracting party will be communicated to the guest before booking.
1.4.7 “Cancellation” is the declaration of withdrawal from the hotel accommodation contract before the agreed or scheduled check-in.
1.4.8 “Text form” is a legible declaration in which the person making the declaration is named, submitted on a permanent data carrier, e.g., an email or a fax. A “durable medium” is any medium that enables the recipient to store or save a declaration addressed to them personally on the medium in such a way that it is accessible to them for a period of time appropriate to its purpose and is suitable for reproducing the declaration unchanged, e.g., a printout or a PDF attachment to an email.
1.4.9 “Without undue delay” means without culpable hesitation.
1.5 Separate terms and conditions apply to the purchase of vouchers, which will be made available for review in good time prior to purchase.
2. Changes to the General Terms and Conditions
We are entitled to amend the General Terms and Conditions with effect for the future. For contracts that have already been concluded, the version referred to at the time of conclusion of the contract shall of course continue to apply. We recommend that you print out or save the version of the General Terms and Conditions included at the time of conclusion of the contract.
3. Information on consumer dispute resolution
3.1 We strive to resolve any disagreements arising from consumer contracts in an amicable manner. In the event of any complaints, guests can therefore
contactresa1@kingshotels.de.
The statute of limitations for any claims is excluded for the duration of this procedure.
3.2 In accordance with legal requirements, we must inform you of the EU Commission’s platform for online dispute resolution:
http://ec.europa.eu/consumers/odr/, but we are neither obliged nor willing to participate in a dispute resolution procedure. If we cannot reach an agreement, you are entitled to take legal action in court.
4. Information on the conclusion of the contract and online booking
4.1 The hotel accommodation contract is concluded upon our acceptance of the user’s or guest’s request. We are free to confirm the room reservation to the user or guest in writing; for bookings made via electronic commerce (in particular via the website), section 4.3 of the General Terms and Conditions applies.
4.2 The guest is obliged to inform us unsolicited and at the latest upon conclusion of the contract if and to the extent that, due to his person or circumstances known to him, the use of the services from the hotel accommodation contract is likely to jeopardize the smooth operation or safety of the KING’s HOTELs or our public reputation.
4.3 The following applies to bookings made via electronic commerce (e.g. via the website):
4.3.1 The selection of services on the website does not constitute a binding contractual offer by KING’s HOTELs, but is an invitation to the user to submit a binding offer on the terms and conditions shown on the website. The user can submit a binding offer via the online reservation system on the website by selecting the desired rooms or services, entering their personal data, and clicking on the final button, which expressly informs them of their payment obligation.
4.3.2 The user can correct their selection and entries in the online reservation system until the online booking form is submitted using the usual functions of their device/browser, or cancel the booking entirely. Each page and each step of the booking process contains a “back” button, which takes the user to the previous page and allows them to correct their selections and entries using the usual keyboard and mouse functions. In addition, the user’s selections and entries are displayed once again in an overview before the online booking form is submitted, and the user can also make corrections there using the usual keyboard and mouse functions.
4.3.3 The hotel accommodation contract is concluded when the user receives a booking confirmation (e.g., by email) with identical content immediately, but no later than 24 hours after sending the booking form.
4.3.4 The contract text is stored by us for a limited period of time and, for security reasons, is no longer fully accessible to the user via the Internet after the booking form has been sent. After the contract has been fully processed, the data will be deleted or blocked for further use, unless this conflicts with mandatory tax or commercial law retention obligations on our part.
4.3.5 The communication required to conclude the hotel accommodation contract is partly automated. It is the user’s responsibility to ensure that the receipt of emails relating to their booking is technically possible and, in particular, is not prevented by spam filters.
4.3.6 Bookings via the website can be made in German or English. The user selects the language using the corresponding functions on the website. Parts of the website are also displayed in other languages after the user has made the appropriate selection; however, this only affects the choice of the contract language if the user makes the entire electronic booking in one language or if an express agreement on a specific contract language has been concluded in writing.
5. Use of the website
5.1 The exclusive rights of use for the website and the protected content accessible via it (e.g., logos, photos, images, graphics, descriptions) are held by us and our cooperation partners (hereinafter collectively referred to as “authorized parties”). Any use of the website by the user—whether in whole or in part by means of the use of photos, images, descriptions, graphics, or the design—is expressly prohibited.
5.2 Notwithstanding Section 5.1, the user is entitled to download, display, and print individual pages and/or excerpts from the website exclusively for personal purposes (e.g., documentation of hotel information/documentation of the booking). When using the website content, the user is obliged to indicate the source in the file or printout by means of an easily understandable, clearly legible, and permanently affixed note.
5.3 Subject to the exception in 5.2, the user is in particular not entitled to modify, copy, transfer, assign, sell, distribute, exploit, exhibit, publish, publicly display, reproduce, or license the content, information, software, products, or services that are available or viewable on the website without the express consent of the authorized party.
6. Information about our services and check-in
6.1 We are obliged to keep the rooms booked by the guest available and to provide the agreed services. The guest does not acquire any claim to the provision of specific rooms unless this has been expressly confirmed by us in writing (e.g. by email).
6.2 Rooms are provided to the guest exclusively for accommodation purposes. Subletting or re-letting the rooms provided, as well as their use for purposes other than accommodation, is generally not permitted, unless we have agreed to the subletting or re-letting or other use of the rooms provided in advance and at least in writing.
6.3 We enable guests to check in independently at a terminal. To do so, guests require a valid identification document (e.g., ID card, passport), the name under which the hotel room was
reserved, and the booking number. Payment at the terminal is possible by credit card; we accept Mastercard, Visa, and Amex. EC and cash payments are generally not possible. If rooms are available, check-in is also possible without a prior reservation.
6.4 We reserve the right to ask guests to present a valid identification document (e.g., ID card, passport) for identity verification or to issue a registration form. All guests traveling with the guest who are staying in our establishments must be registered on the registration form. Failure to complete the registration form or providing incorrect information on the registration form may be punished as an administrative offense.
7. Prices, payment, offsetting
7.1 The guest is obliged to pay the agreed or applicable prices of KING’s HOTELS for the provision of the room and any other services used by them. This also applies to services ordered by the guest directly or through KING’s HOTELS, which are provided by third parties and paid for by us.
7.2 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Local charges that the guest owes themselves under the respective local law, such as visitor’s tax, are not included. In the event of a change in the statutory value added tax or the introduction, change, or abolition of local taxes on the subject matter of the service (e.g., tourism tax, bed tax) after conclusion of the contract, the prices will be adjusted accordingly. If the guest is acting as a consumer, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.
7.3 Package deals, special promotions, discounts, or other rebates cannot be combined. Personalized company prices are not transferable to third parties.
7.4 When making a booking, the user provides a valid credit card or selects another offered payment method (e.g., PayPal). We are entitled to immediately check the validity of the user’s details and to pre-authorize the specified credit card.
7.5 Unless otherwise specified or agreed in individual cases, our invoices are generally payable immediately upon receipt without deduction. The guest agrees that the invoice may be sent to them electronically.
7.6 We may demand immediate payment of outstanding claims from the guest at any time. In the event of default of payment by the guest, the statutory provisions shall apply. We reserve the right to prove higher damages.
7.7 We may make our consent to a subsequent reduction in the number of rooms booked, our services, or the length of the guest’s stay requested by the guest contingent upon an increase in the price for the rooms and/or other services.
8. Advance payment, default of payment, offsetting
8.1 Upon conclusion of the contract, we are entitled to demand a reasonable advance payment or security deposit from the guest, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in writing. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
8.2 In justified cases, for example, if the guest is in arrears with payment or the scope of the contract is extended, we are entitled, even after conclusion of the contract, to demand an advance payment or security deposit within the meaning of the above clause 8.1 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration until the start of the stay. We are also entitled to demand a reasonable advance payment or security deposit within the meaning of clause 8.1 above for existing and future claims arising from the hotel accommodation contract at the beginning of and during the guest’s stay, unless such payment has already been made in accordance with the above provision(s).
8.3 The guest may only offset or settle a claim against KING’s HOTELs with an undisputed or legally binding claim.
9. Cancellation by the guest (cancellation, no-show)
9.1 If rooms are expressly booked and confirmed at our particularly favorable non-refundable rate, no refund will be made in the event of cancellation or no-show; our claim to the price remains in full force.
9.2 The guest may only withdraw from the hotel accommodation contract (cancellation) if we have granted the guest a right of withdrawal under 9.4 or 9.7. If 9.4 and 9.7 are not applicable, we must have granted the right of withdrawal at least in text form or we must agree to a cancellation of the contract at least in text form . The guest should preferably use the option of canceling the booked room(s) online on the website. Otherwise, the guest’s cancellation must be declared at least in writing (e.g., by email) and should, if possible, include the reservation or booking number for better traceability.
9.3 Withdrawal under the conditions of Section 9.2 and Sections 9.4 and 9.5 below triggers a claim for compensation on our part, which replaces the agreed remuneration, unless we have granted a right of cancellation free of charge. If we have agreed on flat rates for our compensation (these take into account the expenses usually saved), you reserve the right to prove that less damage or no damage at all has been incurred.
9.4 Unless otherwise agreed, individual bookings (this does not apply to group bookings of five or more people; see section 9.5) outside the trade fair periods, which are displayed to you when you make your booking, can be canceled free of charge until 6:00 p.m. local time on the day before arrival.
Unless otherwise agreed, bookings that fall within a trade fair period (the periods are displayed when you make your booking) can be canceled free of charge until 6 p.m. local time on the 14th day before arrival.
In the event of later cancellation, we will charge you 90% of the room price as a flat-rate compensation, but see 9.3. for this, which reserves the right to prove that the damage incurred was less or none at all.
9.5 For group reservations of ten or more rooms, our separate group terms and conditions apply. Please contact our reservations department. For group reservations (5 or more persons up to 9 rooms), unless otherwise agreed, the entire reservation can be canceled free of charge up to four weeks before the agreed arrival date. Up to fourteen days before the agreed arrival date, 10% of the entire reservation can be canceled free of charge .
9.6 If a right of withdrawal has not been agreed or has already expired and we do not agree to a cancellation of the contract, we retain the right to the agreed remuneration despite the guest not using the service (default of acceptance). Otherwise, the statutory provisions regarding possible reductions in the amount apply.
9.7 If the guest informs us that they will not be using their reservation or does not show up on the day of arrival without informing us of a delay, we are entitled to reallocate the unused room(s) after 6:00 p.m., unless the room has been paid for in full in advance.
10. Cancellation by KING’s HOTELs
10.1 If it has been agreed that the guest may withdraw from the contract free of charge within a certain period, we are also entitled to withdraw during this period if Anfragen other users have made inquiries about the contractually booked rooms and the guest does not waive their contractual right of withdrawal upon our inquiry with a reasonable deadline. This applies accordingly in the case of an option being granted if other inquiries are received and the guest is not prepared to make a firm booking in response to our inquiry with a reasonable deadline.
10.2 Furthermore, we are entitled to terminate the hotel accommodation contract extraordinarily if there is an objectively justified reason, in particular, but not exclusively, if 10.2.1 an agreed and due payment by the guest is not made even after the expiry of a
reasonable grace period set by the hotel, or
10.2.2 rooms are deliberately booked under misleading or false information regarding the guest’s identity and the hotel has suffered material damage as a result of this behavior, or 10.2.3 we have reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to our sphere of control or organization, or
10.2.4 force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract, or the purpose and/or occasion of the stay is unlawful, or 10.2.5 there is a violation of the prohibition on subletting or re-letting (Section 6.2). Justified withdrawal on the part of KING’s HOTELs does not entitle the guest to claim damages.
11. Room handover, late room return
11.1 Subject to deviating agreements in individual cases, the room(s) shall be available to the guest from 3:00 p.m. on the agreed arrival date and must be occupied by 8:00 p.m. at the latest on the agreed arrival date.
11.2 The room(s) must be vacated by 11:00 a.m. on the agreed departure date at the latest. After that, we reserve the right to charge the guest a flat fee of €50 for late vacating of the room for use beyond the contractual period until 1:00 p.m., and the full price of one night’s accommodation from 3:00 p.m. 00 . The guest is free to prove to us that we have incurred no or a significantly lower claim for usage fees/compensation.
11.3 KING’s HOTELs reserves the right to assert further claims in the event of late vacating (see 9.2).
12. Warranty, limitation period
12.1 The warranty is based on the statutory provisions. Should disruptions or defects occur in our services, we will endeavor to remedy the situation as soon as we become aware of them or upon immediate complaint by the guest.
12.2 The guest is obliged to contribute what is reasonable to remedy the disruption and minimize any possible damage.
12.3 Claims against us arising from the hotel accommodation contract generally expire one year after the start of the statutory limitation period, unless the claims are based on year in which the claim arose and the user or guest became aware of the circumstances giving rise to the claim and the identity of the debtor, or should have become aware of them without gross negligence.
13. Limitation of liability, items brought in by the guest
13.1 We are liable for damages for which we are responsible resulting from injury to life, limb, or health. Furthermore, we are liable for other damages based on an intentional or grossly negligent breach of our obligations or on an intentional or negligent breach of our typical contractual obligations. Typical contractual obligations are obligations that enable the proper execution of the hotel accommodation contract and on whose fulfillment the guest 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 specified in this section 13.
13.2 Sections 701 et seq. of the German Civil Code (BGB) apply to items brought in by the guest. We recommend that guests use the hotel or room safe, if available. If guests wish to bring in money, securities, and/or 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 us.
13.3 If we provide the guest with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and/or their contents, we shall only be liable in accordance with the above clause 13.1.
13.4 We do not provide wake-up calls. If mail, messages, or goods are accepted by separate agreement, we shall handle them with the care of a prudent businessman; we shall only be liable in accordance with the above clause.
14. Choice of law, place of jurisdiction
14.1 All legal relationships between the contracting parties are governed exclusively by the laws of the Federal Republic of Germany , excluding the UN Convention on Contracts for the International Sale of Goods. With regard to consumers, sentence 1 shall only apply insofar as the choice of law does not undermine the protection of mandatory legal provisions of the country in which the consumer has his habitual residence.
14.2 If the guest is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the hotel accommodation contract – including disputes concerning checks and bills of exchange – shall be our registered office in Munich. The same applies if the guest does not have a general place of jurisdiction in the Federal Republic of Germany or if the guest’s place of residence or habitual abode is unknown at the time the action is brought. Mandatory statutory provisions regarding the place of jurisdiction remain unaffected by this.
