General terms and conditions

Part A – Terms and conditions for overnight stays (hotel accommodation contract)

1. Scope

1.1 These terms apply to contracts under which the hotel provides the customer with rooms for overnight stays. They also apply to all further services and supplies of the hotel in this context, such as breakfast, minibar, parking, swimming pool, sauna and fitness room. “Customer” means the person who books and every guest who uses the services.

1.2 Part B also applies to meetings, celebrations, weddings and other events.

1.3 Package travel within the meaning of Section 651a of the German Civil Code (BGB) is not covered by these terms.

1.4 The customer may only sublet or re-let rooms, or use them for purposes other than overnight stays, with the hotel’s prior consent in text form. To this extent the customer waives the right of termination under Section 540 (1) sentence 2 BGB.

1.5 The customer’s own terms and conditions only apply if the hotel has expressly agreed to them in text form beforehand.

2. Conclusion of contract and contracting parties

2.1 The contracting parties are the hotel and the customer. If a third party books for the customer (e.g. a company for its employees), it is jointly and severally liable with the customer for all obligations under the contract, provided the hotel holds a corresponding declaration from the third party.

2.2 The contract is concluded when the hotel accepts the customer’s booking request. The hotel confirms the booking in text form, e.g. by email.

2.3 For bookings via the booking engine on the hotel’s website, the contract is concluded when the customer clicks the “Book with obligation to pay” button.

2.4 For bookings via booking portals (e.g. Booking.com, Expedia), the rate and cancellation conditions shown there for the respective booking take precedence. These terms apply in addition.

3. Services, prices, payment

3.1 The hotel keeps the booked rooms available and provides the agreed services.

3.2 The customer pays the agreed prices or, if nothing has been agreed, the prices applicable at the hotel for the room and for all further services used. This also applies to third-party services that the customer orders through the hotel and that the hotel pays in advance for the customer.

3.3 Prices include the VAT and other taxes applicable at the time the contract is concluded. If the statutory VAT changes after the contract is concluded, or if local levies on the service are introduced, changed or abolished, the hotel adjusts the prices accordingly. For consumers this only applies if more than four months lie between conclusion of the contract and the stay.

3.4 When the contract is concluded, the hotel may request a reasonable advance payment or security, e.g. a credit card guarantee. Amount and due date are stated in the booking confirmation. For non-refundable rates the full price is due immediately on booking.

3.5 In justified cases, for example if the customer is in arrears or the scope of the contract is extended, the hotel may also request an advance payment or security after the contract is concluded and until the start of the stay, or increase an agreed advance payment up to the full price. On arrival and during the stay the hotel may also request reasonable security for existing and future claims.

3.6 If payment by invoice has been agreed, the invoice is payable without deduction within ten days of receipt. In the event of late payment the statutory rules apply.

3.7 The customer may only set off claims that are undisputed or have been finally established by a court.

3.8 The customer agrees that invoices may be sent electronically.

4. Cancellation by the customer and non-arrival (“no-show”)

4.1 The customer may only withdraw from the contract unilaterally if a right of withdrawal has been agreed in the contract or if a statutory right of withdrawal or termination applies.

4.2 Flexible rates: For direct bookings at the flexible rate, the customer may withdraw from the contract free of charge up to 24 hours before the day of arrival, 3:00 pm, i.e. until 3:00 pm on the day before arrival. The withdrawal must be declared in text form by this time (an email to rezeption@kurfuerst-hotel.de is sufficient). After that, the right of withdrawal expires.

4.3 Rates with other conditions: For trade fair, early booking and special rates, packages and non-refundable rates, the cancellation conditions shown for the respective rate at the time of booking and stated in the booking confirmation apply. Non-refundable rates are cheaper than the flexible rate. The price advantage compensates for the fact that free cancellation is excluded.

4.4 Obligation to pay after the deadline: If there is no right of withdrawal or it has expired and the customer does not use the services, the hotel retains its claim to the agreed price. The hotel credits income from re-letting the room and saved expenses.

4.5 Flat rate: If the room is not re-let, the hotel may deduct saved expenses as a flat rate. The customer then pays:

4.6 Proof to the contrary: The customer may at any time prove that the hotel has no claim or a significantly lower claim than set out in section 4.5.

5. Withdrawal by the hotel

5.1 If free withdrawal until a certain date has been agreed for the customer, the hotel may also withdraw until then if other customers request the booked rooms and the customer, when asked by the hotel, does not waive the right of withdrawal within a reasonable period. This applies accordingly to options.

5.2 If the customer does not make an agreed advance payment or security, or one requested under section 3.5 or 3.6, even after a reasonable grace period, the hotel may withdraw from the contract.

5.3 The hotel may also withdraw for an objectively justified reason, in particular if

• force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible,
• the customer culpably booked with misleading or false information or concealed material facts, for example about identity, ability to pay or the purpose of the stay,
• the hotel has reasonable grounds to assume that the stay endangers the smooth operation, safety or reputation of the hotel, without this being attributable to the hotel’s sphere,
• the purpose or occasion of the stay is unlawful,
• the customer breaches section 1.4.

5.4 If the hotel withdraws justifiably, the customer has no claim to damages.

6. Arrival, room, departure

6.1 The customer has no claim to a specific room unless this has been expressly agreed in text form. This also applies to the location in the main building or in the chalet if it is not part of the booked room category.

6.2 Rooms are available from 3:00 pm on the day of arrival. There is no claim to earlier availability.

6.3 The hotel does not have a 24-hour reception. Reception is staffed Monday to Saturday from 6:00 am to 11:00 pm and on Sunday from 6:00 am to 10:00 pm. Guests arriving later must inform the hotel in advance so that a late arrival can be arranged. For guaranteed bookings the room remains reserved until the following day. For bookings without a guarantee, the hotel may let the room to others from 6:00 pm unless a later arrival has been agreed.

6.4 On the day of departure the customer must vacate the room by 11:00 am. If the room is returned later without an agreed late check-out, the hotel may charge 50 % of the full room price according to the price list for additional use until 6:00 pm and 90 % from 6:00 pm. This does not give the customer any contractual rights. The customer may prove that the hotel has suffered no damage or significantly less damage.

7. House rules that form part of the contract

7.1 Non-smoking hotel: Smoking is prohibited throughout the building and in all rooms, including e-cigarettes. If a guest smokes in the room nevertheless, the hotel may charge the costs of special cleaning and of the room being out of use, at a flat rate of €150. The customer may prove that no damage or less damage was caused. The costs of a fire brigade call-out that is triggered are borne by the person responsible.

7.2 Pets: Pets are welcome if they are registered when booking. The hotel charges €20 per animal and night; food is not included. Animals are not allowed in the swimming pool, the sauna or the fitness room. The owner is liable for damage and for unusual soiling caused by the animal.

7.3 Swimming pool, sauna, fitness room: Use is free of charge for hotel guests and at their own risk. The swimming pool and fitness room are open daily from 6:30 am to 10:00 pm, the sauna on request until 10:00 pm. The swimming pool is not supervised. Children may only use the swimming pool and sauna when accompanied and supervised by an adult, and the fitness room only from the age of 16. The posted pool rules apply. The hotel’s liability is governed by section 8.1.

7.4 Parking and EV charging: If the hotel provides a parking space at the building or in the underground car park, even free of charge, no contract of safekeeping is formed. Entry to the underground car park is possible for the first time from 6:00 am to 11:00 pm, afterwards with the room key card. The conditions at the charging station apply to charging electric vehicles.

8. Liability

8.1 The hotel is liable without limitation for damage resulting from injury to life, body or health for which it is responsible. For other damage the hotel is liable if it is based on an intentional or grossly negligent breach of duty or on an intentional or negligent breach of duties typical of the contract. Duties typical of the contract are those that make the proper performance of the contract possible in the first place and on whose fulfilment the customer may rely. Breaches of duty by legal representatives and vicarious agents are equivalent to those of the hotel. Further claims for damages are excluded unless otherwise provided in this section 8.

8.2 If disruptions or defects occur, the hotel endeavours to remedy them as soon as it becomes aware of them or the customer reports them without delay. The customer contributes what can reasonably be expected to remedy the disruption and to keep any damage to a minimum.

8.3 The hotel is liable for items brought in by guests in accordance with the statutory provisions (Sections 701 et seq. BGB). The hotel recommends keeping valuables in the room safe. If the customer wishes to bring in money, securities and valuables worth more than €800 or other items worth more than €3,500, a separate safekeeping agreement with the hotel is required.

8.4 For vehicles in the car park or underground car park and their contents, the hotel is only liable for loss or damage in accordance with section 8.1.

8.5 The hotel handles wake-up calls, messages, mail and deliveries with care. By arrangement it accepts mail and deliveries, stores them and forwards them for a fee. Liability is governed by section 8.1.

8.6 Items left behind are only forwarded at the customer’s request, cost and risk. The hotel keeps them for six months. After that it hands them over to the lost property office if they are of recognisable value; otherwise it uses or disposes of them.

9. Final provisions

9.1 Amendments and additions to the contract or to these terms should be made in text form. Unilateral changes by the customer are invalid.

9.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Munich. The hotel may also sue the customer at the customer’s registered office. The same applies to customers whose registered office or place of residence is outside the EU.

9.3 German law applies. The UN Convention on Contracts for the International Sale of Goods is excluded.

9.4 Consumer dispute resolution: The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

9.5 How the hotel processes personal data is described in the privacy policy at www.kurfuerst-hotel.de/datenschutz. Due to the statutory registration requirement, every foreign guest must fill in a registration form on arrival.

9.6 If any provision of these terms is invalid, the remaining provisions remain valid. In all other respects the statutory provisions apply.

Part B – Additional conditions for meetings, celebrations and weddings

B1. Scope

These conditions apply to meeting, seminar, banqueting and event rooms as well as to celebrations and weddings. Part A also applies to overnight stays in connection with an event. For groups of 10 rooms or more, the conditions agreed in the respective offer apply.

B2. Number of participants

The organiser notifies the final number of participants in text form no later than 5 working days before the event. If the actual number is up to 5 % lower, the notified number counts. If the number is higher, the hotel charges for the actual number of participants. If the number falls by more than 15 %, the hotel may set new prices and swap confirmed rooms, provided this is reasonable for the organiser.

B3. Cancellation by the organiser

Food revenue is calculated on the basis of the agreed menu or package price. If this has not yet been agreed, the cheapest three-course menu in the current offer applies. For per-person meeting packages, 60 % of the package price applies. The organiser may prove that no damage or significantly less damage has been incurred. Income from letting the rooms to others is credited.

B4. Food and drinks brought in, decoration, equipment

The organiser may only bring food and drinks by arrangement. The hotel may charge a service or corkage fee for this. Decoration must comply with fire safety regulations. Walls, floors and furniture must not be damaged, including by confetti, sparklers or candles without a protective glass. The organiser connects their own technical equipment at their own risk and by arrangement.

B5. Music, GEMA, quiet hours

Fees for music (e.g. GEMA) are borne by the organiser if they organise the music themselves. Out of consideration for neighbours and hotel guests, music ends at 10:00 pm in rooms with garden access and at 1:00 am indoors. From midnight the hotel may charge a staff surcharge.

B6. Liability of the organiser

The organiser is liable for damage to the building and inventory caused by participants, visitors, employees, commissioned third parties or the organiser themselves. The hotel may require proof of event liability insurance. The organiser brings exhibits and other items into the building at their own risk and removes them promptly after the event. Otherwise section 8 of Part A applies.