Terms and Conditions

General terms and conditions

GTC of AGORA HOTEL GMBH

1. Scope
1.1 These terms and conditions apply to contracts for the leasing of hotel rooms for accomodation as well as all other services and deliveries of the hotel (hotel accommodation contract) provided in this context for the customer. The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

1.2 The subletting or re-letting of the provided rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, § 540 paragraph 1 sentence 2 BGB is waived, as far as the customer is not a consumer.

1.3 The general terms and conditions apply to the reservation in the hotel (verbally, in writing, by fax, in person, online) or the sending of the reservation confirmation of their application.

2. Conclusion of contract, partners, statute of limitations
2.1 Contractual partners are the hotel and the customer. The contract is concluded by the acceptance of the customer’s request by the hotel. The hotel is free to confirm the room reservation in text form.

2.2 All claims against the hotel expire in principle one year from the statutory limitation period. Compensation claims become statute-barred in five years, unless they are based on an injury to life, limb, health or freedom. These claims for damages become statute-barred in ten years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3. Services, prices, payment, set-off
3.1 The hotel is obliged to keep the rooms reserved by the customer available and to render the agreed services.

3.2 The customer is obligated to pay the agreed upon or applicable prices of the hotel for the room rental and the other services used by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and provided by the hotel.

3.3 The agreed prices include the taxes and local duties applicable at the time the contract was concluded. Not included are local taxes, which are owed by the guest according to the local law, such as visitor’s tax. In the event of a change in the statutory sales tax or the new introduction, modification or abolition of local taxes on the subject matter after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services or the length of stay of the customer, as requested by the client,

3.4 Invoices of the hotel without a due date are payable within ten days of receipt of the invoice without deduction. The hotel may demand the immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.

3.5 The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, upon conclusion of the contract by the customer. The amount of the advance payment and the payment dates can be agreed in text form in the contract. For prepayments or security for package tours, the statutory provisions remain unaffected.

3.6 In justified cases, for example, payment arrears of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, an advance payment or security deposit within the meaning of paragraph 3.5 above or an increase in the contract agreed advance payment or security deposit to full to demand agreed remuneration.

3.7 The Hotel shall also be entitled to demand from the Customer, at the beginning and during the stay, a reasonable advance payment or security deposit in accordance with section 3.6 above for existing and future claims under the contract, if such has not already been made in accordance with sections 3.5 and / or 3.6 and above / or 3.7.

3.8 The customer can only offset or charge against a claim of the hotel with an undisputed or legally enforceable claim.

4. Cancellation of the customer (cancellation, cancellation) / non-use of hotel services (NO SHOW)
4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal was expressly agreed in the contract, there is another legal right of withdrawal or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible agreement to a contract cancellation must be made in text form.

4.2 Insofar as an appointment for a free withdrawal from the contract has been agreed between the hotel and the customer, the customer may by then withdraw from the contract without triggering payment or damage claims of the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the contract by the agreed date. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel has to take into account the income from other rental of the rooms as well as the saved expenses. If the rooms are not rented elsewhere, Thus, the hotel can fix the deduction for saved expenses. In this case the customer is obliged to pay at least 90% of the contractually agreed price for overnight stay. For major events and fairs 100% of the contractually agreed price for overnight stays will be charged. The customer is free to prove that the aforementioned claim has not arisen or not in the full required amount.

Unless otherwise expressly agreed in the contract, our general cancellation policy applies:

– If canceled up to 3 days before arrival, there are no fees or charges. If canceled less than 3 days before arrival, 90% of the booked services will be charged.
– During trade fairs or high season: If canceled up to 14 days before arrival no fee or fee will be charged. If canceled less than 14 days before arrival, 90% of the booked services will be charged.
– For bookings with arrival on the same / same day or the next day there is no free cancellation period. For cancellations always 90% of the booked services are charged.

(Fair and high season times are set by the hotel for each year)

5. Rescission of the hotel
5.1 If it has been agreed that the customer can withdraw from the contract for free within a certain period of time, the hotel is in this period entitled to withdraw from the contract, if there are inquiries from other customers to the contractually booked rooms and the customer Consultation of the hotel with a reasonable deadline on his right to resign is not waived.

5.2 If an advance payment or security deposit agreed or demanded pursuant to clause 3.6 and / or clause 3.7 is not made even after expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for a materially justified reason, in particular if
force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible;
Rooms or rooms are culpably booked under misleading or false information or concealment of material facts; The identity of the customer, the ability to pay or the purpose of the stay may be of major importance in this context;
the hotel has reasonable cause to believe that the use of the service may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the area of control or organization of the hotel itself;
the purpose or occasion of the stay is unlawful; – there is a violation of 1.2 above.
5.4 The withdrawal of the hotel from the contract does not constitute any claim of the customer for damages.

6. Room Provision, Handover and Return
6.1 The customer does not acquire the right to provide certain rooms unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 15:00 on the agreed arrival day. The customer is not entitled to an earlier provision of the rooms.

6.3 On the agreed departure day, the rooms must be vacated at the hotel no later than 11:00. Thereafter, the hotel may charge 50% of the full accommodation price due to the late clearance of the room for its contractual use until 18:00, then from 18:00 then 100% of the full accommodation price. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a much lower entitlement to user fees incurred.

7. Liability of the hotel
7.1 The hotel is liable for any damage caused by injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty of the hotel or on an intentional or negligent breach of contractual obligations of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause 7. In the event of any disruption or defect in the services provided by the hotel, the hotel will make every effort to remedy the situation, if the customer knows or is promptly notified. The customer is obliged to contribute to what is reasonable for him,

7.2 The property is liable to the customer in accordance with the statutory provisions for items brought in. The hotel insists on the use of the hotel or room safe.

7.3 Insofar as the customer is provided with a parking space in the hotel garage or on the hotel car park, also for a fee, no custody agreement is concluded. In the event of loss or damage to vehicles parked or shunted on the hotel property and their contents, the hotel is only liable in accordance with section 7.1, sentences 1 to 4 above.

8. Final
Provisions 8.1 Changes and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.

8.2 Place of performance and place of payment as well as exclusive place of jurisdiction is Munich. If a contracting party fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is always Munich.

8.3 German law applies. The application of the UN sales law and conflict of laws is excluded.

8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

8.5 The bringing of pets (eg dogs) is only allowed with written advance notice. A corresponding fee will be charged per pet per night, unless otherwise expressly stated in the contract. Pets are not allowed in areas such as a restaurant, bar or other areas where food is offered or presented.

8.6 Smoking is not permitted in the entire hotel, hotel rooms and in all public areas. In case of infringement, cleaning costs and restoration costs of at least € 100.00 per stay or offense will be charged.

General Terms and Conditions (GTC) OF AGORA HOTEL GMBH
1. Scope
1.1 These terms and conditions apply to contracts for the leasing of conference and event rooms of the hotel for the performance of events as well as for all further services and deliveries of the hotel rendered to the customer in this context hotels.

1.2 The subletting or re-letting of the provided rooms, areas or showcases as well as the invitation to job interviews, sales or similar events require the prior consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB is waived, as far as the customer not consumer.

1.3 General terms and conditions of the customer only apply if this has been expressly agreed.

2. Conclusion of the contract, partners, liability, statute of limitations
2.1 The contracting party is the hotel and the customer. The contract is concluded by the acceptance of the customer’s request by the hotel. The hotel is free to confirm the booking of the event in text form.

2.2 The hotel is liable for any damages caused by injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty of the hotel or on an intentional or negligent breach of contractual obligations of the hotel. A breach of duty of the hotel is equal to that of a legal representative or vicarious agent. Further claims for damages, unless otherwise stipulated in clause 9, are excluded. In the event of any disruption or defect in the services provided by the hotel, the hotel will make every effort to remedy the situation, if the customer knows or is promptly notified. The customer is obliged to contribute to what is reasonable for him, to remedy the disturbance and minimize possible damage. Incidentally, the customer is obliged to inform the hotel in good time about the possibility of causing an exceptionally high damage.

2.3 All claims against the hotel expire in principle one year from the statutory limitation period. Compensation claims become statute-barred in five years, unless they are based on an injury to life, limb, health or freedom. These claims for damages become statute-barred in ten years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3. Services, prices, payment, offsetting
3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

3.2 The customer is obligated to pay the agreed or applicable prices of the hotel for these and other services. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and provided by the hotel. In particular, this also applies to claims of copyright collecting societies.

3.3 The agreed prices include the taxes applicable at the time the contract was concluded. In the case of changes in the legal value added tax or the new introduction, modification or abolition of local taxes on the subject matter after conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months.

3.4 Invoices of the hotel without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand the immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate.

3.5 The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, upon conclusion of the contract by the customer. The amount of the advance payment and the payment dates can be agreed in text form in the contract.

3.6 In justified cases, for example, payment arrears of the customer or extension of the scope of contract, the hotel is entitled, even after conclusion of the contract up to the beginning of the event, an advance payment or security deposit within the meaning of paragraph 3.5 above or an increase in the contract agreed advance payment or security deposit to full to demand agreed remuneration.

3.7 The customer can only offset or charge against a claim of the hotel with an undisputed or legally enforceable claim. Resignation of the customer (cancellation, cancellation)

3.8 A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, another legal right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible agreement to a contract cancellation should be made in text form.

3.9 If an appointment for a free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until then, without triggering payment or damage claims of the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the contract by the agreed date.

3.10 If a right of withdrawal is not agreed or has already expired, there is also no legal right of withdrawal or cancellation and if the hotel does not agree to a cancellation of the contract, the hotel reserves the right to the agreed remuneration despite non-use of the service. The hotel has to take into account the income from other rental of the rooms as well as the saved expenses. The expenses saved in each case can be calculated in accordance with sections 4.4, 4.5 and 4.6. The customer is free to prove that the claim was not or not at the required amount. The hotel is free to prove that a higher claim has arisen.

3.11 If the customer withdraws before the event date, the hotel is entitled to charge 90% of the sum according to the valid event offer, which is then used as the basis.

4. Rescission of the hotel
4.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is in this period entitled to withdraw from the contract, if inquiries from other customers to the contractually booked meeting room and the customer on request of the hotel, with reasonable deadline, on his right to resign.

4.2 If an advance payment or security deposit agreed or demanded in accordance with clause 3.5 and / or clause 3.6 is not made even after expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

4.3 Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, in particular if
force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible.
Events or rooms are culpably booked with misleading or false information or concealment of material facts; In doing so, the identity of the customer, the solvency or the purpose of the stay can be of crucial importance;
the hotel has reasonable cause to believe that the event may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the domain or organization of the hotel;
the purpose or the cause of the event is unlawful;
there is a violation of section 1.2.
4.4 The justified resignation of the hotel does not constitute a claim of the customer for damages.

5. Changes in the number of participants and the time of the event
5.1 An increase in the number of participants by more than 5% must be communicated to the hotel no later than five working days before the start of the event; it requires the consent of the hotel, which should be in text form. The billing is based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional costs saved by the smaller number of participants.

5.2 A reduction in the number of participants by more than 5% should be communicated to the hotel early, at the latest up to five working days before the start of the event. The billing is based on the actual number of participants, but at least 95% of the final agreed number of participants. Section 6.1 sentence 3 applies accordingly.

5.3 If the number of participants is reduced by more than 10%, the hotel is entitled to exchange the confirmed rooms, taking into account any deviating room rental, unless this is unreasonable for the customer.

5.4 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may reasonably charge for the additional willingness to perform, unless the hotel is at fault. Bringing food and drinks

5.5 The customer may not bring food and drinks to events. Exceptions require an agreement with the hotel. In these cases, a contribution is made to cover the overheads.

6. Technical facilities and connections
6.1 Insofar as the hotel procures technical and other equipment from third parties for the customer at the request of the hotel, it acts on behalf, on behalf of and for the account of the customer. The customer is responsible for the careful treatment and proper return. He indemnifies the hotel from all claims of third parties arising from the provision of these facilities.

6.2 The use of the customer’s own electrical systems using the hotel’s electricity network requires its approval. Disruptions or damage to the hotel’s technical equipment caused by the use of these devices shall be charged to the customer, unless the hotel is responsible for them. The electricity costs arising from the use may be charged and calculated by the hotel.

6.3 The customer is entitled with the consent of the hotel to use their own telephone, fax and data transmission equipment. The hotel can charge a connection fee.

6.4 If suitable facilities of the hotel remain unused due to the connection of the customer’s own facilities, a cancellation fee can be charged.

6.5 Disruptions to technical or other facilities provided by the hotel will be remedied immediately if possible. Payments can not be withheld or reduced, as far as the hotel is not responsible for these disturbances.

7. Loss or damage of items brought along
7.1 Any exhibited or other, including personal items are at the risk of the customer in the event rooms or in the hotel. The hotel assumes no liability for loss, destruction or damage, including property damage, except in case of gross negligence or intent of the hotel. Exceptions to this are damages resulting from injury to life, limb or health. In addition, all cases in which the custody is a contractual obligation due to the circumstances of the individual case are excluded from this indemnification.

7.2 Any decorative material brought in must comply with the fire protection requirements. The hotel is entitled to demand official proof for this. If such proof is not provided, then the hotel is entitled to remove already brought in material at the expense of the customer. Due to possible damage, the installation and attachment of items must be agreed in advance with the hotel. Bringing exhibited or other objects are to be removed immediately after the end of the event. If the customer fails to do so, the hotel may carry out the removal and storage at the expense of the customer. If the items remain in the function room, the hotel may charge a reasonable compensation for the duration of the room’s retention.

8. Liability of the customer for damages
8.1 If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

8.2 The hotel may require the customer to provide adequate security, for example in the form of a credit card guarantee.

9. Final
Provisions 9.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are invalid.

9.2 Place of performance and place of payment as well as exclusive place of jurisdiction – is in the commercial traffic is 80333 Munich. If a contracting party fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is 80333 Munich.

9.3 German law applies. The application of the UN sales law and conflict of laws is excluded.

9.4 Should individual provisions of these General Terms and Conditions be or become invalid or void for events, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

CONDITIONS FOR HOTEL PARKING LOTS
1. Rental contract
1.1 Upon acceptance of the parking ticket and / or entering the parking garage or the hotel parking lot (hereinafter referred to as “parking area”), a rental agreement is concluded between the hotel and the renter desired parking duration within the opening hours according to these setting conditions.

1.2 Neither guarding nor safekeeping are the subject of this contract. The hotel does not take any care or special care obligations for the things brought in by the renter!

2. Terms of use
2.1 The lessee is obliged to comply with the care required in traffic. In particular, the special traffic rules and safety regulations applied in the parking area must be adhered to. Instructions of the hotel staff, which serve the safety or concern the house right, are always to be followed immediately. Incidentally, the provisions of the StVO apply accordingly.

2.2 Vehicles may only be parked within the marked parking spaces, but not on the parking spaces that are reserved by signs for permanent users. The hotel is entitled to implement defective vehicles by appropriate measures at the expense of the lessee or have them implemented. For this, the hotel can charge a flat rate; the tenant can prove in this case that the costs did not arise or are substantially lower than the lump sum.

2.3 The hotel is also entitled to remove the vehicle of the renter in the event of imminent danger from the parking area.

2.4 Each renter is advised to always carefully close his vehicle after leaving the vehicle and not to leave any valuables behind.

2.5 The parking lot is only available to hotel guests and event participants free of charge.

3. Safety and regulatory regulations
3.1 In the parking area may only be driven at walking pace.

3.2 In the parking area are not allowed:
smoking and the use of fire,
storage of supplies, fuel tanks and flammable objects,
the unnecessary running of engines,
the parking of vehicles with leaking tank or carburetor,
refueling, repairing, washing, the internal cleaning of vehicles,
the draining off of cooling water, supplies or oils,
the distribution of advertising material.

3.3 Staying in the parking area is only permitted for the purpose of hiring, loading and unloading, as well as picking up vehicles.

3.4 The lessee has to eliminate impurities caused by him immediately.