1. Scope of application
1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as all to other services and deliveries provided to the customer in connection with this by the Youth and Family Hotel Augustin (Hotel Accommodation Contract). The term "Hotel Accommodation Contract" includes and replaces the following terms: accommodation, guest accommodation, hotel contract, hotel room contract.
1.2 The subletting or subleasing of the rooms provided and their use for purposes other than accommodation require the prior written consent of the Youth and Family Hotel Augustin, whereby Section 540(1)2 BGB [German Civil Code] is waived unless the customer is a consumer.
1.3 The General Terms and Conditions of the customer shall only apply if this has been expressly agreed in advance.
2. Conclusion of contract, contract partner, statute of limitations
2.1 The parties to the contract are the Youth and Family Hotel Augustin and the customer. The contract shall come into effect upon acceptance of the customer's application by the Hotel. The Hotel is at liberty to confirm the room reservation in writing.
2.2 All claims asserted against the Hotel shall become statute-barred one year after the start of the statutory limitation period. This shall not apply to claims for damages and other claims if the latter are based on any intentional or grossly negligent breach of duty by the Hotel.
3. Services, prices, payment, offsetting
3.1 The Youth and Family Hotel Augustin is obliged to keep the rooms booked by the customer available and to provide the services agreed.
3.2 The customer shall be obliged to pay the Hotel's agreed or applicable prices for the provision of rooms and other services used by him. This also applies to services commissioned directly by the customer or via the Hotel, which are provided by third parties and disbursed by the Hotel.
3.3 The prices agreed include the taxes and local levies applicable at the time the contract was concluded. Not included are local taxes, which are owed by the guest himself in accordance with the respective municipal law, e.g. visitor's tax (“Kurtaxe”). In the event of a change in the statutory VAT/sales tax or the introduction, change or abolition of local levies on the object of performance after contract conclusion, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between contract conclusion and contract fulfilment exceeds four months.
3.4 The Hotel may make its consent to the customer's request to a subsequent reduction in the number of rooms booked, the Hotel's services or the customer's length of stay dependent on an increase in the price of the rooms and/or other services of the Hotel.
3.5 Invoices of the Hotel without a due date are payable in full by the customer within 10 days of receipt of the invoice. The Hotel may demand immediate payment of receivables due from the customer at any time. If the customer defaults on payment, the statutory provisions shall apply. The Hotel reserves the right to prove higher damages.
3.6 Upon conclusion of the contract, the Hotel shall be entitled to demand an appropriate amount of advance payment or security deposit from the customer, e.g., in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for packages, the statutory provisions shall remain unaffected. In the event of the customer being in default of payment, the statutory provisions shall apply.
3.7 In well-founded cases, e.g., payment arrears on the part of the customer or the extension of the scope of the contract, the Hotel shall be entitled, even after contract conclusion and until the beginning of the stay, to demand advance payment or the provision of security within the meaning of Section 3.6 above or an increase in the advance payment or provision of security agreed in the contract until the full agreed remuneration has been paid.
3.8 Furthermore, the Hotel is also entitled, at the beginning and during the stay, to demand from the customer an appropriate sum as an advance payment or the provision of security within the meaning of Section 3.6 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Section 3.6 and/or Section 3.7 above.The customer may only offset an undisputed or legally binding claim against a claim asserted by the Hotel.
4. Cancellation by the customer (cancellation)/non-use of hotel services (no-show)
4.1 The customer may only withdraw from the contract concluded with the Youth and Family Augustin if a right of withdrawal was expressly agreed on in the contract, if there is another statutory right of withdrawal, or if the Hotel expressly agrees to cancel the contract. The agreement of a right of withdrawal as well as the possible consent to the cancellation of the contract shall be made in writing in each case.
4.2 If a date for the withdrawal from the contract, free of charge, has been agreed on between the Hotel and the customer, the customer may withdraw from the contract until then without incurring any payment or compensation claims on the part of the Hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the Hotel by the agreed date.
4.3 If a right of rescission has not been agreed on or has already expired, there is no statutory right of rescission or termination. If the Hotel does not agree to the cancellation of the contract, the Hotel shall retain the right to the agreed remuneration despite the non-use of the service. The Hotel has to credit the income from renting the rooms to other parties as well as from the expenses saved. If the rooms are not rented to third parties, the Hotel may charge a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast as well as for arrangements with external services, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise to level of the amount demanded.
5. Withdrawal of the Hotel
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the Youth and Family Hotel Augustin shall also be entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right to withdraw from the contract at the Hotel's request after setting a reasonable deadline.
5.2 If an advance payment or security deposit agreed on or demanded in accordance with Section 3.6 and/or Section 3.7 is not made even after the expiry of a reasonable period of grace set by the Hotel, the Hotel shall also be entitled to withdraw from the contract. This applies accordingly to the granting of an option if other enquiries exist, and the customer is not willing to make a firm booking upon inquiry by the hotel with a reasonable deadline.
5.3 Furthermore, the Hotel shall be entitled to the extraordinary revocation of the contract for good cause, in particular if- force majeure or other circumstances for which the Hotel is not responsible make it impossible to perform the contract- rooms are booked with culpably misleading or false information or the concealment of essential facts, e.g., with respect to the customer's identity, solvency or the purpose of the stay;- the Hotel has good reason to believe that the use of the service may endanger the smooth operation of the business, the safety or the public reputation of the hotel without such matters being attributable to the Hotel's sphere of control or organisation- the purpose or cause of the stay is unlawful;- there has been an infringement of Section 1.2 above.
5.4 The justified withdrawal of the Hotel shall not constitute a claim for damages on the customer's part.
6. Room provision, handover and return
6.1 The customer is not entitled to the provision of specific rooms unless this has been expressly agreed.
6.2 Rooms booked shall be available to the Customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to any earlier provision of the room.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the Hotel by 11:00 a.m. at the latest. After that time, the Hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. due to the delayed evacuation of the room, and 90% for the additional use of the room from 6:00 p.m. onward due to the late evacuation of the room. Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the Hotel has no or a substantially lower claim for charges for the use of the accommodation.
7. Liability of the Hotel
7.1 The Youth and Family Hotel Augustin is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, the Hotel shall be liable for other damage caused that is based on an intentional or grossly negligent breach of duty by the Hotel or on an intentional or negligent breach of obligations typical for the contract by the Hotel. A breach of duty on the part of the Hotel is deemed equivalent to a breach of duty on the part of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this Section 7. Should disruptions or deficiencies occur in the Hotel's services, the Hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or deficiencies or if the customer complains immediately. The customer is obliged to undertake actions that are reasonable to remedy the disruption and to keep any possible damage to a minimum.
7.2 The Hotel shall be liable to the customer in accordance with the statutory provisions for items brought into the hotel. The Hotel recommends the use of the locker system provided at the reception desk. Insofar as the customer wishes to bring money, securities and valuables with a value of more than 800 Euro or other items with a value of more than 3,500 Euro into the hotel, a separate safekeeping agreement with the Hotel is necessary.
7.3 If a parking space is made available to the customer in the hotel garage or on the hotel parking lot, even against payment, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the Hotel shall only be liable in accordance with the above Section 7.1, Sentences 1 to 4.7.4 Messages, mail and merchandise deliveries for guests are handled with care. The Hotel will deliver, store and – on request – forward the said for a fee. The Hotel shall only be liable in this respect in accordance with the above Section 7.1, Sentences 1 to 4.
8. Non-smokers in the Hotel
The Youth and Family Hotel Augustin is a non-smoking hotel. It is, therefore, forbidden to smoke in the public areas and guest rooms. In the event of an infringement, the Hotel shall have the right to demand an amount of 100 Euro from the guest as compensation for the separately incurred cleaning costs, including any loss of revenue from a room rental that is not possible as a result. This level of compensation shall be higher or lower if the Hotel can prove more damage or the guest can prove less damage.
Pets are not allowed in the Youth and Family Hotel Augustin and in restaurant Fräulein Wagner.
A voucher purchased from the Youth and Family Hotel can only be redeemed for hotel services at the hotel indicated on the voucher. If there is any credit remaining after paying by voucher, this will remain and can be used for further payments in the respective hotel. The voucher is valid for 3 years as of the date of issue. Vouchers cannot be returned, are not resalable or transferable, and cannot be redeemed for cash. The vouchers cannot be used for online payments. The purchaser of the voucher is responsible for providing the correct data (in particular the e-mail address) to which the voucher and invoice are to be sent.
Cancellation policy: Declarations regarding vouchers can be revoked within 14 days in any form (letter, e-mail) without giving reasons or, if the voucher is surrendered before the deadline, also by returning the voucher. The time limit starts after receipt of this instruction in writing, however not before the voucher is received by the recipient. The timely dispatch of the revocation or the voucher shall suffice to comply with the cancellation period. The cancellation must be addressed to the Jugend- und Familienhotel Augustin, keyword: Voucher (Gutschein), Am Bavariapark 16, 80339 Munich, Germany or by e-mail: firstname.lastname@example.org.
11. Group bookings / allotment contracts / event times
For group bookings of more than five rooms and allotment contracts, separate payment and cancellation conditions apply, which result from the corresponding contracts.
12. Final provisions
12.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in writing. Unilateral amendments or additions by the Customer are ineffective.
12.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for cheque and bill disputes – in commercial transactions shall be Munich. If a party to the contract fulfils the requirements of Section 38 paragraph 2 ZPO [Code of Civil Procedure] and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Munich.
12.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions is excluded.
12.4 Should individual provision of these General Terms and Conditions be or become ineffective or invalid, the validity of the remaining provisions shall not be affected. In all other cases, the statutory provisions apply.
Status: November 2021