Terms & Conditions for Hotel Agreements for the Augustin Youth & Family Hotel

1. Scope of validity:

1.1 These T&Cs apply to contracts concluded for the rental of hotel rooms for accommodation purposes and all additional services and deliveries rendered for customers by the Augustin Youth & Family Hotel in connection thereto (Hotel Agreement). The term “Hotel Agreement” comprises and replaces the following terms: accommodation agreement, guest contract and hotel room agreement.
1.2 Subletting or re-letting of the rented rooms and use thereof for purposes other than accommodation requires prior written approval from Augustin Youth & Family Hotel, whereby Section 540 para. 1, clause 2 of the Germany Civil Code shall be waived, provided the Customer is not a consumer.
1.3. The Customer's Terms and Conditions shall only be applicable if this has been explicitly agreed in advance.

2. Conclusion of the contract, contractual partners, statute of limitations:

2.1 The contractual partners are the Augustin Youth and Family Hotel and the Customer. The contract is concluded upon acceptance of the Customer's request by the Hotel. The Hotel is at liberty to confirm the room booking in written form.
2.2 All claims against the Hotel shall be statute-barred one year after the statutory start of the limitation period. This does not apply in the case of claims for damages and other claims, provided the latter concern intentional or grossly negligent breaches of contractual duties on the part of the Hotel.

3. Service, prices, payment, offsetting:

3.1 The Augustin Youth and Family Hotel is obligated to keep the rooms booked by the Customer available and perform the agreed services.
3.2 The Customer is obligated the pay the Hotel the agreed and applicable fees for the room rental and any additional services rendered for the Customer. This also applies for services ordered either directly from the Hotel or by the Hotel that are performed by third parties and disbursed by the Hotel.
3.3 The agreed prices include the taxes and local duties applicable at the time the contract was concluded. They do not include local duties that the guest is liable for in accordance with local laws, such as visitor's tax. The prices shall be correspondingly adjusted in the case of any amendments to statutory VAT or the introduction, amendment or elimination of local duties on the object of performance after conclusion of the contract. In the case of contracts concluded with consumers, this shall only apply if the period between the conclusion and fulfilment of the contract exceeds four months.
3.4 The Hotel reserves the right to charge an increased price for rooms and/or the Hotel's other services if it consents to a Customer’s request to reduce the number of rooms booked, the Hotel's services or the intended length of stay.
3.5 Invoices from the Hotel without a specified due date are payable within ten days of receipt of the invoice without any deductions. The Hotel is entitled to require immediate payment of outstanding payments at any time from the Customer. Statutory regulations shall apply if the Customer defaults in payment. The Hotel reserves the right to prove higher damages.
3.6 The Hotel is entitled to demand a reasonable advance payment or security deposit, in the form of a credit card guarantee, for example, from the Customer upon conclusion of the contract. The amount of the advance payment and payment deadline may be agreed in writing within the framework of the contract. Statutory provisions continue to apply in the case of advance payments or security deposits for package holidays. Statutory regulations shall apply if the Customer defaults in payment.
3.7 In justified cases, such as the Customer's failure to pay on time or an extension to the scope of the contract, the Hotel reserves the right, both after the conclusion of the contract and prior to the beginning of the stay, to demand an advance payment or security deposit as per Section 3.6, or an increase in the amount of the advance payment or security deposit agreed in the contract, up to the full agreed payment amount.
3.8 Furthermore, the Hotel is also entitled, prior to and during the Customer’s stay, to demand an advance payment or security deposit as per Section 3.6 for existing and future claims arising from the contract, provided this has not already been agreed in accordance with Section 3.6 or 3.7. The Customer is only permitted to offset or settle an undisputed or legally valid claim against a claim asserted by the Hotel.

4. Withdrawal of the Customer (cancellation)/Non-utilisation of Hotel services (no show):

4.1 The Customer is only permitted to withdraw from the contract concluded with Augustin Youth and Family Hotel if a right to withdraw is explicitly agreed in the contract, statutory withdrawal rights apply or if the Hotel expressly agrees to the cancellation of the contract. The agreement on the Customer's right to withdraw and any agreements regarding the cancellation of the contract must be recorded in the written form.
4.2 In the case a deadline for free cancellation of the contract was agreed between the Hotel and the Customer, the Customer is entitled to withdraw from the contract prior to this date without incurring any claims for payment or damages from the Hotel. The Customer’s withdrawal right shall expire if he/she fails to exercise his/her right to withdraw from the contract with the Hotel by the agreed deadline.
4.3 If no withdrawal right has been agreed or it has already expired, there is no applicable statutory withdrawal or cancellation right, and the Hotel does not approve the cancellation of the contract, the Hotel reserves the right the demand the agreed payment despite non-utilisation of the services in question. The Hotel shall take into account the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to another party, the Hotel reserves the right to make a flat-rate deduction for saved expenses. In this case, the Customer is obligated to pay at least 90% of the contractually agreed price for an overnight stay with or without breakfast and, for flat-rate arrangements with third-party services, 70% for half-board and 60% for full-board. The Customer is at liberty to show that the aforementioned claim did not arise, or that it did not arise to the extent claimed by the Hotel.

5. Withdrawal of the Hotel:

5.1 Provided it has been agreed that the Customer is permitted to withdraw from the contract free of charge by a specified deadline, the Augustin Youth and Family Hotel remains entitled to withdraw from the contract during this period if it receives requests from other customers regarding the contractually booked rooms and the Customer does not waive his/her withdrawal right at the Hotel's request with a reasonable notice period.
5.2 If the Customer fails to provide an advance payment or security deposit that has been agreed upon or demanded in accordance with Section 3.6 and/or 3.7 within a reasonable grade period set by the Hotel, the Hotel is likewise entitled to withdraw from the contract.
5.3 Furthermore, the Hotel remains entitled to withdraw from the contract due to legally justifiable reasons, in particular, in cases of:
- Force majeure or other circumstances that prevent the fulfilment of the contract that are not the fault of the Hotel;
- Rooms or areas are booked with misleading or false information, or with a concealment of important information; important information may comprise the Customer’s identity, financial solvency or the purpose of stay;
- The Hotel has reasonable cause to believe the use of its services may threaten the smooth operation, safety or public image of the Hotel for reasons that are beyond the Hotel’s sphere of control or organisation;
- The purpose or reason for the stay is unlawful;
- There has been a violation against aforementioned Section 1.2.
5.4 If the Hotel exercises its right to withdraw from the contract, this shall not entitle the Customer to seek damages.

6. Room allocation, check-in and check-out:

6.1 The Customer acquires no right to demand the allocation of specific rooms, provided nothing to the contrary has been explicitly agreed.
6.2 Booked rooms are available to the Customer as of 2 p.m. on the agreed check-in date. The Customer is not entitled to earlier provision of the rooms.
6.3 On the check-out date, the rooms must be vacated and available to the Hotel by 11 a.m. at the latest. Thereafter, the Hotel reserves the right to charge the Customer 50% of the full price for use before 6 p.m. and 90% after 6 p.m. for the Customer’s failure to vacate the room. This does not entitle the Customer to assert any contractual claims. However, he/she is at liberty to prove that the Hotel has no, or a significantly lower, claim to the usage fee.

7. Liability of the Hotel:

7.1 Augustin Youth and Family Hotel is liable for all damages incurred as a result of injury to life, limb or health attributable to the Hotel. Furthermore, it is also liable for other damages attributable to the Hotel's intentional or grossly negligent failure to adhere to its obligations such as an intentional or grossly negligent breach of contractual-typical obligations of the Hotel. A breach of obligation on the part of the Hotel is deemed to be the equivalent to a breach of a statutory representative or employee.  Provided nothing to the contrary is stipulated in Section 7, any further claims are excluded. If any disruptions or defects occur in the Hotel's service, the Hotel must attempt to remedy them as soon as it becomes aware thereof or immediately following a complaint from the Customer. The Customer is obligated to provide reasonable assistance in remedying the disturbance and minimising the potential damage.
7.2 The Hotel is liable to the Customer for personal items brought into the hotel in accordance with statutory provisions. The Hotel recommends the use of the lockers provided in the reception area. If the guest wishes to deposit money, securities and valuables with a value of more than EUR 800 or other items with a value of more than EUR 3,500, he/she shall be required to conclude a separate storage agreement with the Hotel.
7.3 If the Customer is provided with a parking space in the hotel garage or car park, also in the case of paid parking, this does not constitute a safekeeping agreement. In the event of damage to or the loss of vehicles that have been parked or manoeuvred on the Hotel premises and their contents, the Hotel is only liable to the extent stipulated in Section 7.1, clauses 1-4.
7.4 Messages, post and shipments for guests shall be handled with care. The Hotel shall take care of the delivery, storage, and if required, return of packages for a fee. The Hotel shall only be liable in this regard to the extent stipulated in Section 7.1, clauses 1-4.

8. No smoking in the hotel:

The Augustin Youth and Family Hotel is a non-smoking hotel. Smoking is therefore not permitted in the communal areas or guest rooms. In the case of violations of this ban, the Hotel reserves the right to charge the guest a fee of EUR 100 to cover additional cleaning costs and any sales losses resulting from the non-rental of the room. This fee for damages can be increased or decreased if the Hotel can prove higher damages, or the guest can prove lower damages.

9. Pets:

Pets are not allowed in the Augustin Youth and Family Hotel or the Fräulein Wagner restaurant.

10. Gift cards:

Gift cards purchased from the Youth and Family Hotel can only be redeemed on services provided by the Hotel and the respective hotel location specified on the gift card. If the full balance of the gift card is not used for payment, this shall remain on the card and can be used for future payments at the respective hotel. Gift cards are valid for 3 years after their issue date. Gift cards cannot be returned, resold or transferred, and cannot be redeemed for cash. Gift cards cannot be used for online payments. The gift card purchaser is responsible for providing correct personal information (email address, in particular) to which the gift card and invoice should be sent.
Cancellation policy: Purchased gift cards can be cancelled within 14 days without the need to state a reason either by letter, fax or email, or, if the gift card is still valid, by returning the gift card. This 14-day period shall commence once this notification has been received in written form, however not prior to receipt of the gift card by the recipient. Timely shipping of the cancellation or gift card is deemed adequate to comply with the cancellation period. All cancellations must be sent to the Augustin Youth and Family Hotel with the reference: Gift card, Am Bavariapark 16 – 80339 Munich or by email: info@augustin-hotel.com.

11. Group bookings/allocation agreements/event times:

Separate payment and cancellation conditions, which are included in the corresponding agreements, apply to group bookings of more than five rooms and allocation agreements.

12. Final provisions:

1.2 Any amendments or changes to the contract, the order acceptance or these Terms & Conditions require the written form. Any amendments or changes made by the Customer without approval from the Hotel shall not be valid.
12.2 The place of fulfilment, payment, and the sole place of jurisdiction for commercial dealings – also for disputes concerning cheques and bills of exchange – is Munich. Provided that one of the contractual partners meets the requirements of Section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, Munich shall be the de facto place of jurisdiction.
12.3 This contractual relationship is governed by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions shall not apply.
12.4 In the event that individual clauses of these Terms & Conditions are deemed invalid, this shall not affect the validity of the remaining provisions. In all other respects, statutory provisions shall apply.