Standard Business Terms of Münchner Hotel Verbund GmbH
for Referral of Hotel Rooms, Function Rooms and pertinent, necessary and offered services Münchner Hotel Verbund GmbH is solely an intermediary between bid and acceptance of two overlapping declarations of intent, verbal and/or written, and is not a contracting party.
With entering into the business relations, the Standard Business Terms are made available or handed respectively to the customer / guest and thus be accepted by him. They serve as the basis of the co-operation. If the customer / guest disputes these Standard Business Terms in particular or in whole in writing, an alternative written agreement will have to be made accordingly.
BOOKING OF HOTEL ROOMS:
Basically applicable is the contract for lodgings under Article 535 of the Civil Code according to which the Hotel / contracting partner is to provide the agreed services such as hotel rooms, premises, space or other services during the period of rental. The customer / guest, on the other hand, is obligated to pay the agreed price. The contract is concluded as soon as the agreed services are ordered and confirmed or, where confirmation is no longer possible for lack of time, have been made available. The contract for lodgings is not treated any differently from any other contract according to civil law and may not be unilaterally cancelled by either of the parties. Quite apart from the time when an order is cancelled, or the reasons for doing so, there is no right to "cancellation" of a booking. The hotel rooms / services ordered and made available by the hotel / contracting partner must be paid according to Article 535 Sentence 2 of the Civil Code even if the hotel room / services are not availed of for reasons peculiar to the guest. Operating expenses not incurred are credited for the purpose of reducing claims. The amount of such savings to be credited is governed by each single case’s concrete circumstances. All claims and obligations stemming from the contract for lodgings obtain directly and exclusively between the booking party / customer and the hotel / contracting partner with which the booking is made.
SERVICES - FEES:
Processing of booking enquiries for hotel rooms occurs at no charge. The elaboration of congress bookings (rooms and/or premises), programmes, events as well as meetings of any kind is treated separately and is subject to a fee. The amount of the fee depends on the nature and the extent of the services to be rendered and is agreed in writing.
For all bookings and changes, the prices and services are confirmed in writing. The prices agreed may change if the customer later makes changes in the number of the booked rooms or services or in the length of stay and if the hotel / contracting partner agrees to this. If the statutory rate of VAT changes after the contract is concluded, then the prices agreed change accordingly.
With a booking, full pre-payment may be, but at least 20% of the invoiced amount is immediately payable (with payments made from abroad, plus EUR 25,00 bank charge). Agreements with other provisions are possible but must be made in writing.
Group prices can be granted upwards of 20 persons, if no special arrangement has been made. Basically, this only applies outside of the trade fair and Oktoberfest periods.
Options for enquiries, bookings and cancellations may be agreed upon individually. There is no generally applicable provision.
WITHDRAWAL - CANCELLATION - BOOKING:
Changes in bookings in the form of maximising sales are at no charge. With changes in bookings in the form of minimising sales the first change is free of charge. All further changes are invoiced at a processing fee of € 25,00 plus VAT for each change made.
When the confirmed and agreed services, irrespective of their kind, are not availed of, Münchner Hotel Verbund GmbH is entitled to immediately claim 15% of the total invoiced amount but at least € 50,00 plus VAT as a processing fee, in the case of group travel 8 % with a minimum of at least € 100,00 plus VAT.
The guest / customer obliges himself to observe and meet the fixed deadlines, in particular for options, confirmations, responses and payments. If this is not the case, all customer's / orderer's claims may be considered not being availed of and be likewise so treated.
Tickets of any kind ordered through the intermediary of Münchner Hotel Verbund GmbH are not taken back and are not reimbursed. If the services ordered with Münchner Hotel Verbund GmbH are not availed of or availed of only in part, the terms of the respective contracting partner / organizer will apply.
DEFECTS - LIABILITY:
No liability is undertaken as for the hotel information and descriptions, as these have been taken from the hotel's / contracting partner's own information and self-assessment. Claims resulting from any defects have to be asserted with the hotel / contracting partner immediately. For defects not notified, no compensation can be claimed with the hotel / contracting partner.
In case of a system error, overbooking, technical reasons or other misunderstandings Münchner Hotel Verbund GmbH reserves the right to book another hotel of equivalent class. Written notification occurs in each case.
Where an arithmetical error has occurred or booking confirmation contains a numerical error, the guest / customer is obligated to pay the amount which would logically be derived mathematically.
Münchner Hotel Verbund GmbH co-operates with hotels and lessors of function rooms in and around Munich and in the whole territory of Bavaria. It is their prices and data that are used. In general, the prices include service charge and statutory VAT. It may occur that breakfast is charged separately, which will be notified, however. For the stay in the hotel / venue of performance, the relevant business terms / house rules there mandatorily come into force.
RECOMMENDATIONS / NECESSITIES / NOTE:
In order to avoid misunderstandings, all changes, agreements and supplements should be made to Münchner Hotel Verbund GmbH in writing. In case of ancillary agreements reached directly between the customer / client and the hotel / contracting party, no warranty can be assumed for the accuracy of the agreed booking. On principle, ancillary agreements and special wishes are to be confirmed in writing. In any case we recommend to effect a travel cancellation insurance, e.g. with Europäische Reiseversicherung. Forms are available through Münchner Hotel Verbund GmbH.
Should individual provisions of these Standard Business Terms be void, then the validity of the remaining provisions is not thereby impaired. The customer’s standard business terms can only be applicable if they have previously been agreed in writing. The law of the Federal Republic of Germany applies. Venue of performance is the city of Munich. For businessmen or persons who do not have a general German forum of jurisdiction the city of Munich is agreed as the forum of jurisdiction. Otherwise, the legal forum of jurisdiction applies.
06 July 2008 version
All previous Standard Business Terms lose their validity on the date indicated above.
Sgd. Münchner Hotel Verbund GmbH