General Terms and Conditions

General Business Terms and Conditions for Hotel Accommodation Contracts (AGBH 8.2)

1 Area of application

1.1These General Business Terms and Conditions apply to contracts on the provision for rental use of hotel rooms for lodging and to all other services and supplies provided to the customer by the hotel in this connection (Hotel Accommodation Contract). They do not apply to package travel within the meaning of section 651a German Civil Code (BGB). The term “Hotel Accommodation Contract” encompasses and replaces the following terms: lodging, guest accommodation, hotel and hotel room contract.

1.2The sub-letting and re-letting of the rooms provided for use and the use thereof for any purposes other than those of lodging is subject to the prior consent of the hotel in text form, whereby the right to terminate pursuant to section 540 (1) sentence 2 BGB is excluded.

1.3General business terms and conditions of the customer shall only be applicable if this is explicitly agreed in text form.

2 Concluding the contract, contract parties

The hotel and the customer are the parties to the contract. The contract is concluded by acceptance by the hotel of the application made by the customer. If the booking is made via the hotel’s own web page, the contract is concluded by clicking the button “BOOK WITH OBLIGATION TO PAY” confirming the reservation and the customer’s obligation to pay.

3 Services, prices, payment, off-set

3.1The hotel is obliged to keep the rooms reserved by the customer available and to render the services agreed.

3.2The customer is obliged to pay the hotel’s prices that are agreed for or applicable to the provision of the room for use and to other services used by the customer. This also applies to services ordered by the customer either directly or through the hotel which are performed by third parties and paid for in advance by the hotel.

3.3The prices agreed are inclusive of the taxes and local taxes applicable at the time when the contract is concluded. They do not include local taxes such as local visitor’s tax [Kurtaxe] which the guest owes himself or herself under local community law.

The prices shall be adjusted accordingly in the event of changes to the statutory value added tax or of the introduction, change or elimination of local taxes on the subject matter of the contract after the contract has been entered into. In the case of contracts with consumers, this only applies if the period of time elapsing between the date of conclusion of the contract and the date of performance of the contract is longer than four months.

3.4If payment by invoice [Zahlung auf Rechnung] is agreed, payment shall be made within ten days of receipt of the invoice without any deductions being made unless otherwise agreed.

3.5When the contract is entered into, the hotel has the right to request a reasonable advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The provisions of statute shall apply in the event of late payment by the customer.

3.6In justified cases, for example if the customer is in arrears in payment or if the scope of the contract is extended, the hotel has the right to demand, even after the contract has been concluded up until the time when the residence commences, advance payment or security as set out in sub-clause 3.5 above or an increase in the amount of the advance payment or security agreed in the contract up to the full amount of the remuneration agreed.

3.7Further, the hotel has the right to request, at the beginning and during the course of the customer’s stay, a reasonable advance payment or security within the meaning of sub-clause 3.5 above for existing and future claims under the contract, insofar as no such payment or security has already been made or provided pursuant to sub-clause 3.5 and/or 3.6 above.

3.8The customer may only offset or net out an undisputed claim or a claim established by final and absolute court decision against a claim of the hotel.

3.9The customer is in agreement with the invoice being sent to the customer by electronic transmission.

4 Revocation/termination (“cancellation”) by the customer, no use of the hotel services (“no show”)

4.1It is only possible for the customer to unilaterally dissolve the contract concluded with the hotel if a revocation right has been explicitly agreed in the contract or if there is a statutory revocation right or termination right.

4.2If the hotel and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the hotel. The customer’s revocation right expires if the customer does not exercise this right vis-à-vis the hotel in text form by the agreed deadline.

4.3If no revocation right has been agreed or if it has already expired, and if there is no statutory right of revocation or termination either, then the hotel retains its entitlement to the remuneration agreed although the service was not used. The hotel shall offset income from otherwise letting the rooms and saved expenditures. If the rooms are not otherwise let, the hotel can apply a flat rate for the saved expenditures. In this case the customer is obliged to pay 90% of the contractually-agreed price for overnight accommodation with or without breakfast and for package deals with third-party services, 70% for half board and 60% for full board. The customer is at liberty to demonstrate that the above claim did not arise or not in the amount claimed.

5 Revocation by the hotel

5.1If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the hotel has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved rooms and if the customer does not waive its revocation right after an inquiry is made and a reasonable period of time set by the hotel. This shall apply accordingly if the customer has been granted an option and other inquiries are made and the customer is not prepared to make a firm booking after the hotel makes an inquiry and sets an appropriate time period.

5.2The hotel also has the right to revoke the contract if an advance payment or security agreed or required in accordance with sub-clause 3.5 and/or sub-clause 3.6 has not been paid after an appropriate period of grace set by the hotel has expired.

5.3Further, the hotel has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of

• force majeure or other circumstances for which the hotel is not responsible, which render performance of the contract impossible;
• rooms being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
• the hotel having reasonable grounds to assume that the use of the service can jeopardize the smooth running of the business, the safety or public reputation of the hotel without this being attributable to the area of responsibility or organization of the hotel;
• the purpose of or the reason for the stay being in violation of the law;
• a breach of sub-clause 1.2.

5.4Revocation by the hotel that is justified does not give the customer the right to claim damages.

6 Making the room available, handover and return

6.1The customer does not acquire a right to the provision of specific rooms unless this has been explicitly agreed in text form.

6.2The reserved rooms shall be available for use by the customer with effect from 15:00 hours on the agreed date of arrival. The customer has no right to earlier availability.

6.3The rooms shall be vacated and available for use by the hotel by 12:00 noon at the latest on the agreed departure date. After this time, as the room was vacated late, the hotel has the right to charge for the room use exceeding that which was contractually agreed in an amount of 50% of the full accommodation price up until 18:00 hours and in an amount of 90% after 18:00 hours (price as per price list). This does not give rise to contractual rights of the customer. The customer is at liberty to demonstrate that the hotel did not acquire a claim for compensation for use or acquired a significantly lower claim.

7 Liability of the hotel

7.1The hotel is liable for damage which it is accountable for resulting from injury to life, body or health. It is further liable for other damage which is based on an intentional or grossly-negligent breach of duty of the hotel or on an intentional or negligent breach of duties of the hotel typical of the type of contract [vertragstypischen Pflichten]. Duties typical of the type of contract are those duties which enable the proper execution of the contract altogether and which the customer relies on being performed and is able to rely on being performed. A breach of duty of a statutory representative or person engaged in performance of an obligation of the hotel [Erfüllungsgehilfe] is equivalent to a breach of duty of the hotel. More far-reaching claims for damages are excluded unless otherwise provided for in this Section 7. If there should be any disruptions or deficiencies in the services of the hotel, the hotel shall endeavor to remedy this when it has knowledge thereof or upon a complaint being made without undue delay by the customer. The customer is obliged to contribute what it can be reasonably expected to contribute in order to remedy the disruption and minimize possible damage.

7.2The hotel is liable to the customer in accordance with the provisions of statute for items brought with the customer. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring with him or her money, securities or valuables valued at over Euro 800 or other property items valued at over Euro 3.500 a separate safekeeping agreement must be entered into with the hotel.

7.3If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even if this is for payment, a custody contract is not concluded as a result. If cars parked or driven on the hotel premises or the contents thereof are lost or damaged, the hotel is only liable in accordance with sentences 1 to 4 of sub-clause 7.1 above.

7.4Wake-up calls are made with great care by the hotel.

Messages for customers are treated with care. After prior agreement with the customer, the hotel can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the hotel is only liable in accordance with sentences 1 to 4 of sub-clause 7.1 above.

8 Final provisions

8.1Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective.

8.2If the customer is a merchant or public law legal entity, the courts of Miesbach have exclusive jurisdiction and venue. The hotel can, however, at its election, also bring legal action against the customer at the place of the customer’s registered office. This also applies to customers not covered by sentence 1 above if they do not have their registered office or place of residence in an EU member state.

8.3German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.4The hotel is not willing and not obliged to participate in dispute resolution procedures (Streitbeilegungsverfahren) before a consumer dispute resolution bodies (Verbraucherschlichtungsstelle).

© Hotelverband Deutschland (IHA) e.V. · English version in the PDF (page 2)

General Business Terms and Conditions for Events (AGBV 6.1)

1. Scope of application

1.1These Business Terms and Conditions apply to contracts on the provision for rental use of conference, banqueting and function rooms in the hotel to conduct events such as banquets, seminars, conferences, exhibitions, presentations, etc. and to all other pertinent supplies and services provided to the customer by the hotel.

1.2The subletting or re-letting of the rooms, spaces and showcases provided, and extending invitations to attend interviews, sales or similar events requires the prior consent of the hotel in text form, whereby the termination right in accordance with section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded.

1.3General business terms and conditions of the customer shall only be applicable if this has been explicitly agreed in text form.

2. Concluding the contract, contracting parties, liability

2.1The hotel and the customer are the parties to the contract. The contract is concluded by acceptance by the hotel of the application made by the customer. The hotel can confirm the event booking in text form at its discretion.

2.2The hotel is liable for damage for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other types of damage that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are such obligations that make the proper execution of the contract possible in the first place and the fulfilment of which the customer relies on and may rely on. A breach of duty by a legal representative or vicarious agent of the hotel is equivalent to a breach of duty of the hotel. Further claims for damages are excluded, unless otherwise regulated in clause 9. If disruptions or defects occur in the hotel's services, the hotel shall endeavour to remedy them upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and to minimise any possible damage. In addition, the customer is obliged to inform the hotel in good time of any possible exceptionally high damages.

3. Services, prices, payment, off-set

3.1The hotel is obliged to render the services ordered by the customer and agreed by the hotel.

3.2The customer is obliged to pay the hotel’s prices that are applicable or agreed for these and other services used. This also applies to services ordered by the customer either directly or through the hotel which are performed by third parties and paid for in advance by the hotel. This also applies, in particular, to claims by collective management organization (CMOs).

3.3If a minimum amount of turnover has been agreed and is not achieved, the hotel may demand 60% of the difference as lost profit, unless the customer can demonstrate that less damage was incurred or the hotel can demonstrate that greater damage was incurred.

3.4The prices agreed include the taxes applicable at the time when the contract is concluded.

In the event of changes to the statutory value added tax or the introduction, amendment or abolition of local taxes on the subject matter after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and fulfilment of the contract exceeds four months.

3.5If payment on account has been agreed, payment shall be made, unless otherwise agreed, within ten days after receipt of the invoice without any deductions.

3.6When the contract is entered into, the hotel has the right to request a reasonable advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The legal provisions shall apply in the event of late payment by the customer.

3.7In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the event, to demand an advance payment or security deposit as set out in sub-clause 3.6 above or an increase in the amount of the advance payment or security deposit agreed in the contract, up to the full amount of the remuneration agreed.

3.8Only undisputed or legally enforceable entitlements can be offset, netted out or set off by the customer against a claim/entitlement of the hotel.

3.9The customer agrees that the invoice may be sent to him electronically.

4. Revocation/withdrawal by the customer (countermand, cancellation)

4.1The customer may only unilaterally cancel the contract concluded with the hotel free of charge if a right to cancellation free of charge has been expressly agreed in the contract or if a statutory right to cancellation free of charge exists.

4.2If the hotel and the customer have agreed upon a deadline for a cost-free revocation of the contract, the customer may revoke the contract up to that date without incurring payment or damage compensation claims/entitlements by the hotel. The customer’s revocation right expires if the customer does not exercise this right vis-àvis the hotel in text form by the agreed deadline.

4.3If no revocation right has been agreed or if it has already expired, and if there is no statutory right of revocation or termination either, then the hotel retains its entitlement to the remuneration agreed although the service was not used. The hotel shall offset the income from other letting and saved expenditures. In this connection, a flat rate can be applied for the expenditures respectively saved; this amounts to 10% for individually itemized rental prices, otherwise the flat rate is subject to the regulations set forth in sub-clauses 4.4, 4.5 and 4.6 hereinabove. The customer may, at his/her/its option, demonstrate that the claim did not arise or not in the amount claimed. The hotel may, at its option, demonstrate that the payable amount is higher.

4.4If the customer revokes the contract 60 days or less before the date of the event, the hotel has the right to charge, in addition to the rental price agreed (less possible income or saved expenditures pursuant to sub-clause 4.3, sentence 2 above), 35% of the lost revenue on food and beverage consumption, in the event of revocation 30 days or less before the event, the percentage is 60% and in the event of revocation 10 days or less before the date of the event the percentage is 85%. In the case of events lasting several days, the first day of the event is decisive for calculating the deadline, i. e. the relevant period. The customer may, at his/her/its option, demonstrate that the claim did not arise or at a lower amount. The hotel may, at its option, prove that the outstanding amount is higher.

4.5The revenue on food and beverage consumption is calculated in accordance with the following formula: agreed menu price plus beverages x number of participants. If no price had yet been agreed for the menu, it shall be based on the most economical 3-course menu in the applicable event offer. Beverages are calculated at one third of the menu price.

4.6If a flat rate conference fee has been agreed per participant, in the event of cancellation 60 days or less before the date of the event, the hotel has the right to charge 60%, in the event of cancellation 30 days or less prior to the event, to charge 75%, and 10 days or less prior to the date of the event, to charge 85% of the flat rate conference fee multiplied by the agreed number of participants. In the case of events lasting several days, the first day of the event is decisive for calculating the deadline, i. e. the relevant period. The customer may, at his/her/its option, demonstrate that the claim did not arise or not in the amount claimed. The hotel may, at its option, demonstrate that the sum due is higher.

5. Revocation/withdrawal by the hotel

5.1If it has been agreed that the customer may withdraw from the contract/revoke it free of charge within a certain period, the hotel has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved event rooms and if the customer does not waive his/her/its revocation right after the hotel makes a request and sets a reasonable period of time. This shall apply accordingly if the customer has been granted an option and if other inquiries are made and the customer is not prepared to make a non-refundable booking after the hotel makes a request and sets a reasonable time period.

5.2The hotel also has the right to revoke the contract if an advance payment or security deposit agreed or required in accordance with sub-clause 3.6 and/or 3.7 above has not been paid even after an appropriate period of grace set by the hotel has expired.

5.3Further, the hotel has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of

• force majeure or other circumstances for which the hotel is not responsible, which render performance of the contract impossible;
• events or rooms being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the stay;
• the hotel having reasonable grounds to assume that the event can jeopardize the smooth running of the business, the safety or public reputation of the hotel, without this being attributable to the area of responsibility or organization of the hotel;
• the purpose of or the reason for the event being in violation of the law;
• a breach of sub-clause 1.2 hereinabove.

5.4Legitimate revocation by the hotel does not give the customer the right to claim damages. If, in the event of revocation under sub-clause 5.2 or 5.3 above, the hotel has a claim for damages against the customer, the hotel can claim this as a flat rate. In this case, sub-clauses 4.3 to 4.6 shall apply accordingly.

6. Changing the number of participants and/or the time period of the event

6.1The hotel must be notified at least five working days prior to the commencement of the event if the number of participants is increased by more than 5%; the consent of the hotel is required for this which shall be given in text form. The calculation and invoice shall be based on the actual number of participants, at least, however, on 95% of the higher number of participants agreed. If the actual number of participants is lower, the customer has the right to reduce the price agreed by the amount of the expenditures additionally saved due to the lower number of participants, which amount shall be demonstrated by the customer.

6.2If there will be a reduced number of participants of over 5%, the hotel shall be notified in good time, no later than five working days prior to commencement of the event. The invoice shall be based on the actual number of participants, at least, however, on 95% of the number of participants ultimately agreed. Sub-clause 6.1, sentence 3 shall apply accordingly.

6.3If the number of participants is reduced by over 10%, the hotel has the right to assign different rooms than the originally confirmed ones, taking account of a possible difference in the rental price of the rooms, unless the customer cannot be reasonably expected to accept this.

6.4If the agreed times on which the event was to start or end change and if the hotel agrees to such changes, the hotel can charge appropriately for the additional willingness to provide a service unless the hotel is at fault.

7. Bringing food and beverages to the event

In principle, the customer may not bring food and beverages to events. Any exceptions to this must be agreed in a contract with the hotel in text form. In such cases a reasonable amount shall be charged as a contribution towards covering the overhead costs.

8. Technical devices, (supply) connections and other equipment

8.1If the hotel procures technical devices, (supply) connections and/or other equipment from third parties for the customer at the customer`s request, the hotel acts in the name of, with power of attorney for and for the account of the customer.

The customer is liable for the careful treatment and proper return of such items. The customer shall indemnify the hotel from and against all third-party claims/entitlements ensuing from the use of such items.

8.2If the customer uses his/her/its own electrical equipment, but the hotel’s electricity supply, this requires the consent of the hotel. Any damage to or malfunctions in the technical equipment of the hotel caused by the use of such equipment shall be borne by the customer, if the hotel is not accountable for this. The hotel is entitled to charge a flat rate for the electricity costs Incurred through such use.

8.3The customer has the right, subject to consent by the hotel, to use its own telephone, telefax and data transmission equipment. The hotel may charge a connection fee for this.

8.4Any official permissions required for the event shall be procured by the customer itself in good time at its own expense. The customer is obliged to comply with all public-law and other regulations.

8.5The customer is responsible itself for handling the formalities and accounts necessary for procedures relevant under copyright law (e.g. music performance, film presentation, streaming services) with the responsible institutions (e.g. GEMA (German Society for musical performing and mechanical reproduction rights)).

8.6Any malfunctions in technical or other equipment provided by the hotel will be remedied immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not accountable for such malfunctions.

9. Loss of or damage to items of property brought to the premises

9.1Exhibition-related equipment or other items, including personal property, brought by the customer are located in the event rooms and/or in the hotel at the risk of the customer. The hotel does not assume any liability for any loss, destruction or damage thereof, or for pecuniary damage, except in the event of gross negligence or intent by the hotel. This shall not apply to any damage ensuing from injury to life, body or health. In addition, all cases where, due to the circumstances of the individual case, the custody constitutes an obligation characteristic of this type of contract are excluded from this exclusion of liability.

9.2Decoration material and other items brought by the customer and the use thereof must comply with technical fire protection requirements and official regulations. The hotel has the right to demand official proof of this. If no such proof is provided, the hotel has the right to remove, at the customer’s expense, any material already installed. Due to potential damage, the setting-up of portable furniture and items and the affixing of items shall be agreed with the hotel in advance.

9.3Exhibition or other items brought by the customer shall be removed without undue delay after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer’s expense. If the items are left in the event room, the hotel may charge a respective adequate usage compensation for the period of time in which it has not been able to use or let the room.

10. The customer’s liability for damage

10.1If the customer is an entrepreneur, s/he/it is liable for all damage to the building and to the inventory which is caused by the event’s participants and/or attendees, employees, other third parties from its field or by the customer him-/her-/itself.

10.2The hotel may demand that the customer provide adequate security deposit, for example in the form of a credit card guarantee.

11. Final provisions

11.1Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Any unilateral changes or supplements shall be ineffective.

11.2If the customer is a merchant or a public law legal entity, the courts of Miesbach have exclusive jurisdiction and venue. The hotel can, however, at its election, also bring legal action against the customer at the place of the customer’s registered office. This also applies to customers not covered by sentence 1 above if they do not have their registered office or place of residence in an EU member state.

11.3German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

11.4The hotel is not willing and not obliged to participate in dispute resolution procedures (Streitbeilegungsverfahren) before a consumer dispute resolution bodies (Verbraucherschlichtungsstelle).

© Hotelverband Deutschland (IHA) e.V. · English version in the PDF (pages 3–4)