GENERAL TERMS AND CONDITIONS FOR MCDREAMS HOTEL GMBH GERMANY
1 SCOPE OF APPLICABILITY
1.1 These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel to the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” compris-es and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
1.2 The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.
1.3 The customer’s general terms and conditions shall apply only if these are previously expressly agreed.
2 CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS
2.1 The hotel and the customer are the contracting parties. The contract shall come into force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm the room reservation in written form.
2.2 Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. This shall neither apply to damage claims nor to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
2.3 A group booking exists when a contract partner books more than five rooms in a hotel during the same period or for the same event, whether the bookings are made together or separately. The booking method used to make a group booking is immaterial. The booking can be made in per-son, by telephone, by fax, by e-mail, in writing on “mcdreamshotels.de”, through agents (e.g. online portals) or in other ways.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
3.2 The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses.
3.3 The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself accord-ing to the particular municipal law, such as visitor’s tax.
If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.
3.4 The hotel can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.
3.5 Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of due debt from the customer. The statutory rules concerning the consequences of default of payment apply. The hotel reserves the right to prove greater damage.
3.6 The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance pay-ment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours. The statutory rules concerning the consequences of default of payment apply.
3.7 In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commence-ment of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
3.8 Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 3.7.
3.9 The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
3.10 If the customer uses a credit card to pay for products for which McDreams requires payment in advance (e.g. guaranteed bookings or standard orders requiring advance payment) without pre-senting the card in person (e.g. on the phone or internet), McDreams shall not grant the contract partner the right to cancel said charges with the credit card company.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 Reservations made by the costumer are binding for both contract partners. If a right to withdraw from the contract has not been agreed or has already expired, or no legal right to withdraw or cancel exists, and the Hotel does not agree to cancel the contract, the Hotel retains the claim to the agreed remuneration even though the services have not been supplied. In such cases, the Hotel must offset the revenue from letting the rooms to third parties and from the expenditure saved. If the rooms are not let to third parties, the Hotel can charge the discount for expenditure saved as a lump sum. In this case, the costumer is obliged to pay the following percent ages of the agreed total price for an overnight stay:
a) 50% of the agreed total price of written notification of cancellation or reduction is received by the Hotel from booking of service
b) 70% of the agreed total price if written notification of cancellation or reduction is received by the Hotel between 120 and 90 days before the start of service
c) 100% of the agreed total price if written notification of cancellation or reduction is received by the Hotel less than 90 days before the start of service
4.2 The customer is entitled to provide proof that no loss was incurred by the Hotel or that the loss incurred was less
4.3 Insofar as the Hotel can provide the cancelled service to third parties with the agreed period, the cancellation charge payable by the costumer shall be reduced by the amount that such third par-ties pay for the cancelled service, but up to a maximum of the total cancellation charge due.
5 WITHDRAWAL OF THE HOTEL
5.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this pe-riod of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.
5.2 If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period set by the hotel has ex-pired, then the hotel is likewise entitled to withdraw from the contract.
5.3 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a material-ly justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible;
- rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;
- the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
- the purpose or the cause of the stay is illegal;
- there is a breach of the above-mentioned No. 1.2.
5.4 The justified withdrawal by the hotel constitutes no claims for damages for the customer.
6 ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.
6.2 Reserved rooms are available to the customer starting at 2:00 p.m. on the agreed arrival date. If no agreement to the contrary is reached, the hotel shall be entitled to let booked rooms to other parties from 6:00 p.m. without the costumer being able to derive any rights or claims thereby.
6.3 Rooms must be vacated and made available to the hotel no later than 10:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use ex-ceeding the contractual time, the hotel may charge 100% of the full accommodation rate (list price) for the additional use of the room until 4:00 p.m. (after 6:00 p.m.: 90%). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.
6a NON-SMOKING HOTEL
We would like to point out that smoking is forbidden! By default we charge a commission about at least 150 €! To pay all costs incurred of a fire alarm and the fire department! By wilful defilement we charge a commission about 50 € per hour of cleaning! Vandalism will be complaint of an offence! And will be invoice! Our partner Creditform is advised to claim the damage with each contempt.
7 SECURITY RIGHT
7.1 For its claims for providing services to satisfy the needs of the customer, the hotel has a security right over the things brought in by the guest (section 704 of the [German] Civil Code [Bürgerli-ches Gesetzbuch (BGB)]).
8 LIABILITY OF THE HOTEL
8.1 The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent vi-olation of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 7. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to un-dertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
8.2 The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is nec-essary.
8.3 Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel only as-sumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof only pursuant to the preceding No. 7.1, sentences 1 to 4.
8.4 Wake-up calls are carried out by the hotel with the greatest possible diligence.
Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liabil-ity according to the preceding No. 7, sentences 1 to 4.
9 FINAL PROVISIONS
9.1 Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.
9.2 For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at McDreams Hotel Feldkirchen GmbH. Insofar as a contracting party fulfills the require-ments of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at Munich shall have exclusive juris-diction.
9.3 The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are pre-cluded.
9.4 Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.