I. Applicability

The present General Terms and Conditions apply to contracts for the rental use of hotel rooms as well as conferencing, banqueting and function rooms (hereinafter referred to as ‘premises’), in addition to all other related services and deliveries (hereinafter referred to as ‘service provision’) provided by the hotel management company Bayerischer Hof Verwaltungsgesellschaft mbH (hereinafter referred to as ‘hotel’) to the customer (hereinafter referred to as ‘customer’; additionally, ‘parties’ is used to indicate hotel and customers jointly). The customer’s General Terms and Conditions are valid only when so agreed in writing by the parties.

II. Conclusion of Contract

The hotel’s offers are non-binding. The contract comes into being upon the hotel’s acceptance of the customer’s application. The hotel is not obligated to confirm in writing the conclusion of the contract.

III. Subleasing / Usage

The subletting or re-letting of the provided hotel room, premises, surfaces or display cases, as well as the invitation to interviews, sales or any such similar event requires the hotel’s prior permission in writing. The customer is obligated to disclose to the hotel without delay and without specific request, but no later than upon the conclusion of the contract, if the political, religious or other nature of the service provision and/or event is likely to impact on the public or impair the interests of the hotel. Newspaper advertisements or any other type of advertising, or publications that refer to the hotel and/or contain invitations to, for example, interviews or sales events, shall require the written authorisation of the hotel. Should the customer violate this duty of disclosure, or if the event takes place without prior authorisation being obtained, the hotel reserves the right to cancel the event. In this case, Clause VI.4 (payment of the agreed premium) is applicable.

IV. Room provision, handover and return

1. The customer does not acquire the right to be provided specific rooms, unless the hotel has confirmed in writing the provision of a particular room.
2. Unless otherwise agreed with the customer, the hotel rooms are available from 16:00 on the day of arrival (check-in time). The customer has no right to earlier provision of the room.
3. On the day of departure the hotel rooms are to be vacated by 12:00 (check-out time). If the rooms are not punctually vacated, the hotel may, on the grounds of damages arising from the additional use of the room, charge 50% of the listed price up to 18:00, and 100% of the listed price after 18:00. The customer, however, is at liberty to present evidence that no damages or lower damages have been caused to the hotel.

V. Services, Prices, Payment, Offset, Lien

1. The hotel is obligated to keep available the rooms and premises booked by the customer, and to fulfil the agreed provision of services.
2. The customer is obligated to make payment for the provision of services according to the valid resp. agreed rates of the hotel. This shall also apply to the hotel’s services and outlays to third parties, caused by the customer. For services delivered after 23:00 the hotel reserves the right to add an appropriate supplement for the provision of staff in event or catering areas.
3. The agreed prices are inclusive of the statutory rate of value added tax. In the event of an increase in the rate of value added tax, the hotel reserves the right to adjust its prices accordingly.
4. Billing is effected in euros. If payment is made using foreign currency, the exchange rate difference and bank charges shall be at the expense of the party obliged to make the payment.
5. The hotel is permitted to amend prices if the customer later wishes to make changes to the number of rooms or premises booked, to the services to be provided, or to the duration of the guests’ stay, and if the hotel agrees to such changes.
6. Hotel invoices with no indicated due date are to be paid within ten days from the date of receipt. In case of delayed payment, the hotel is entitled to apply the relevant rate of statutory default interest. The hotel and customer are at liberty to provide evidence of higher or lower damages respectively.
7. The hotel is entitled to demand an appropriate advance payment, no greater than 100% of the total rate, at any time.
8. The hotel reserves the right to verify the validity of credit cards that are left as a deposit by making spot-check charges. If the amount is not covered by the credit card, the hotel reserves the right to make an intermediate sale of the room; the hotel will, however, inform the customer.
9. Notwithstanding paragraph 8 above, and insofar as the advance payment and date of payment are not otherwise arranged in writing, the following advance payments are deemed as agreed: For lodgings of groups:
   
   • 50% deposit 6 weeks before the group’s arrival
   • Remainder upon presentation of the invoice and by due date
10. The customer may offset a claim by the hotel only against an undisputed claim or one that has been adjudicated finally and absolutely.
11. To secure its claim, the hotel is entitled to exercise a lien on all objects the customer has brought to the hotel.

VI. Non-Appearance / Recission / Cancellation by the Customer

1. The recission by the customer of the contract concluded with the hotel requires the hotel’s written consent.
2. The agreed rate for the booked hotel rooms is also payable if the written consent according to paragraph 1 is not obtained, if the customer cancels the booking, or if the customer does not avail himself or herself of the contractual services. The hotel must apply credit for the value of any saved expenses as well as the income from renting the rooms to other parties. The customer is obligated to pay at least 80% of the contractually agreed rate for lodging with or without breakfast, and 60% of the contractually agreed rate for room and half-board. The customer is however at liberty to provide evidence that the hotel incurred either no damages or significantly lower damages.
3. The agreed rate for hired premises is also payable if the written consent according to paragraph 1 is not obtained, if the customer cancels the booking, or if the customer does not avail himself or herself of the contractual services.
4. The above paragraphs are not applicable with the breach of obligation of the hotel to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract can no longer be reasonably expected of the customer, or if he or she is entitled to any other statutory or contractual right to cancellation.

VII. Recission by the Hotel

1. To the extent that a right of recission by the customer within a certain period has been agreed in writing, the hotel, for its part, is entitled to rescind the contract within this period if there are enquiries from other customers regarding the contractually reserved rooms and premises, and if the customer, upon further enquiry by the hotel, does not waive his or her right of recission.
2. If and insofar as advance payment has been agreed with the customer, and if, even after a reasonable grace period set by the hotel with warning of rejection, the payment is not made, the hotel is entitled to rescind the contract.
3. Furthermore, the hotel is entitled to effect recission of the contract for a materially justifiable cause, for example:
   
   • If force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract (such as strike or power failure);
   • Rooms are reserved with misleading or false information regarding material facts, such as the identity of the guest or the purpose of the reservation;
   • The hotel has justifiable cause to believe that the use of the hotel’s services might jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organisation;
   • The customer undertakes the subletting or re-letting of the provided rooms or their use for purposes other than lodgings without the written consent of the hotel.
4. In the event of a justified recission by the hotel the customer has no claim of compensation for damages.

VIII. Number of Participants / Billing for Events

1. The customer is obligated at the time of concluding the contract to specify the expected number of participants at the planned event. If the participant numbers are revised by more than 5%, the hotel must be advised of this no later than five working days before the beginning of the event; the written consent of the hotel is also required.
2. In the event of an increase in the registered and contractually agreed participant numbers, the billing of services that the hotel undertakes according to the number of registered persons (e.g. provision of food and beverages) will be based on the actual number of persons.
3. A reduction in participant numbers by the customer of no more than 5% shall be acknowledged by the hotel in its charges. For any further variance, the originally agreed rate less 5% shall be charged. The customer is entitled to demand a reduction in the charge if he or she can demonstrate that the hotel made cost savings due to the reduced number of participants.
4. In the case of a minimum turnover having been agreed, and this turnover is not achieved, the hotel is entitled to demand 60% of the total difference, insofar as the customer cannot prove that the loss of profit was lower, or that the hotel can prove that the loss of profits was higher.
5. If the agreed starting and finishing times of the event change without the hotel’s prior written consent, the hotel may charge for the additional cost of provision of service, unless the hotel itself bears responsibility for the altered times.
6. For events continuing after 23:00, the hotel is entitled to charge for personnel costs from this time point on an individual itemised basis, insofar as the agreed rate does not already take into consideration the event’s duration beyond 23:00. Furthermore, the hotel is entitled to charge, on an individual itemised basis, the travel costs for personnel who have to make their way home after public transport has stopped running for the night.

IX. Bringing Food / Beverages to Events

1. The customer is not permitted to bring food and beverages to events. Exceptions shall require written authorisation and shall be subject to a charge. The hotel accepts no liability for damage arising from food brought to the event, unless the hotel has acted intentionally or with gross negligence.
2. The hotel accepts no liability for damage arising from food or beverages taken by the customer or third party following an event, unless the hotel has acted intentionally or with gross negligence.

X. Technical Equipment and Connections for Events

1. Where the hotel obtains for the customer, at his or her initiative, technical and other services/facilities from third parties, it does so on behalf, on the authority and on the account of the customer. The customer shall be liable for careful handling and proper return. The customer shall release the hotel from any third party claims resulting from the procurement and transfer of such equipment.
2. The hotel is entitled to demand that any installation of technical equipment and instruments is inspected by TÜV (German Association for Technical Inspection) and that the customer, without delay and without specific request, provides the hotel with the technical approval certification.
3. The hotel’s written consent shall be required for the connection of the customer’s own electrical equipment to the hotel’s power supply. The hotel is entitled to charge a flat rate usage fee. The customer shall be liable for any malfunctions or damage caused by his or her equipment to technical systems owned by the hotel, insofar as these fall outside the responsibility of the hotel. In the case of damage caused to third parties or to the property of third parties, the customer shall in this respect be liable and shall release the hotel from any third party claims.
4. With the authorisation of the hotel, the customer is entitled to use his or her own telephone, fax and data transmission equipment, for which the hotel may demand a connection fee.
5. Malfunctions of technical or other equipment provided by the hotel shall be eliminated as soon as possible by the hotel. Payments cannot be withheld or reduced if the hotel is not responsible for these malfunctions.
6. In the event of musical performances arranged by the customer, the customer is responsible for the fulfilment of any applicable registration required by, or payment of fees due to, GEMA (German Society for Musical Performing Rights and Mechanical Production Rights).
7. The customer shall be responsible for obtaining for the event all necessary official permits promptly and at own expense.

XI. Liability, Decorative Materials and Exhibition Equipment at Events

1. The hotel must be advised of deliveries of material for an event 5 working days prior to the delivery date, in order to enable receipt and appropriate storage.
2. Exhibition items and other items, including personal property, are brought to the function rooms resp. hotel at the customer’s risk. The hotel shall accept no liability for loss, destruction or damage, or for financial loss, unless the hotel has acted intentionally or with gross negligence. Exempt from this are damages resulting from injury to life, body, liberty or health. Furthermore, all cases where safe keeping is a typical contractual duty by virtue of the circumstances of the respective case, shall be excluded from such a disclaimer of liability. This does not affect statutory liability according to §§ 701 ff German Civil Code.
3. Decorative material brought to the hotel must comply with fire protection requirements. The hotel is entitled to demand official verification of such compliance. If verification is not provided, the hotel is entitled to remove material already brought at the customer’s cost. Due to the potential for damage, the bringing and setting up of objects in the hotel requires the prior consent of the hotel.
4. The customer is obligated to remove items brought for exhibition or other purposes immediately after the event has finished. In case of infringement of this obligation according to sentence 1, the hotel is entitled to demand a reasonable charge for the removal and storage of the remaining items, or, in the event that the items remain in the function room, a reasonable rent for the period the said items remain therein. The customer is at liberty to provide evidence that the above-mentioned claim was not created, or not created in the amount demanded.
5. Packaging material (cartons, boxes, plastic, etc.) delivered by the customer must be disposed of or removed by the customer after the event has taken place. Should the customer not fulfil this obligation, the hotel is entitled to remove the packaging material at the customer’s expense.
6. The above provisions are applicable also for items hired from third parties and brought into the hotel premises on behalf of the customer.

XII. Liability of the Customer for Damages

1. The customer shall be liable for all damage to hotel buildings or inventory that arises through the customer, event participants or visitors, his or her staff or other third parties.
2. The hotel is entitled to demand from the customer appropriate security, such as insurances, deposits and guarantees.

XIII. General Liabilities of the Hotel; Limitation

1. The liability of the hotel for its own culpability and that of its vicarious agents is -- irrespective of the legal basis, although with the exception of paragraph 2 – limited to intent and gross negligence.
2. This limitation of liability is not applicable to claims emanating from product liability, from a hotel guarantee and claims that result from injury to life, body or health, and as a breach of so-called cardinal duties, i.e. obligations where compliance is crucial to enable the proper implementation of the contract, and where the customer may trust in their compliance. In the final case, liability is, however, limited to foreseeable losses typical for that type of contract.
3. Objects belonging to the customer are brought into the hotel at the customer’s risk. The hotel shall accept no liability for loss, destruction or damage, except in case of intent or gross negligence.
4. The statutory liability according to §§ 701 ff German Civil Code remains unaffected by paragraph 3. The hotel is liable to the customer for property brought into the hotel in accordance with statutory provisions, i.e. up to one hundred times the room rate, up to a limit of €3,500, as well as for cash, bonds and valuables up to €800. Cash, bonds and valuables up to a maximum value of the respective hotel’s insured amount of €800 may be stored in the room safe. The hotel recommends customers avail themselves of this opportunity. The claim of liability is lost unless the customer notifies the hotel immediately upon gaining knowledge of the loss, destruction or damage (§ 703 German Civil Code).
5. Insofar as a parking space is provided in the hotel garage or car park – and irrespective of whether a fee is charged – this does not constitute a safe keeping agreement in the sense of §§ 688 ff German Civil Code. The hotel shall accept no liability for loss or damage to the motor vehicle or its contents, except in case of intent or gross negligence.
6. The hotel carries out wake-up calls with the greatest diligence. Damages claims are precluded hereby, except in case of intent or gross negligence.
7. Messages, post and merchandise deliveries for customers are handled with care. The hotel will deliver, hold and for a certain fee forward such items by request. Damages claims are precluded hereby, except in cases of intent or gross negligence.
8. The limitation of claims by the customer is governed by the statutory provisions. Contrary to § 195 German Civil Code, the limitation period for all claims by the customer is one year. Exempted are claims with regard to defect in the case of § 438 para.1 No. 2 and that of § 634a para. 1 No. 2 German Civil Code.
9. Contrary to § 199 para. 3 No. 1 German Civil Code and § 199 para. 4 German Civil Code, damages claims and other claims, regardless of knowledge or grossly negligent ignorance, are limited to five years from when their circumstances arose. The above exceptions shall not apply if the hotel is charged with intent.

XIV. Lost property

Property left behind shall be forwarded by request only. The hotel holds lost property for 6 months. After this point, items are transferred to the local lost property office.

XV. Final Provisions

1. Alterations or amendments to the contract regarding the rental use of hotel rooms or to these General Terms and Conditions require the written form to become valid.
2. Place of performance and payment is the registered seat of the hotel management company.
3. The sole court of jurisdiction – including for cheque and exchange disputes – for commercial transactions is the registered seat of the hotel management company.
4. The contract shall be governed by and construed in all respects in accordance with the laws of the Federal Republic of Germany.
5. Should individual provisions of these General Terms and Conditions be or become null and void, the validity of the remaining provisions shall remain unaffected thereby.