
Terms and Conditions
General terms and conditions of business
Scope
-
These General Terms and Conditions (herinafter also referred to as „GTC“ apply to contracts for the provision of hotel rooms as well as to all related services and deliveries of the hotel.
-
The customer’s general terms and conditions shall only apply if this has been in writing.
-
The contract language is German.
Customer information on booking options via the website
The technical steps leading to the conclusion of a contract are as follows:
-
1. By clicking the "Book Online" button on the hotel's website, the customer is redirected to an online booking form. This opens in a new window and is located at https://reservation.one.dirs21.de/hotelblauerbock.
-
Customers can choose between German and English for booking. The customer must enter the desired information, such as the period and the number of people or rooms, into the search box. A selection of rooms for the desired period will then be displayed. This page contains information about the rooms, such as amenities, as well as prices (including VAT) and the option to book extras, such as a garage. This selection is saved by clicking the corresponding button, the "Continue booking" button.
-
The customer is then taken to the personal information page. This must be entered here. The payment method (by credit card) is also selected here, and there is an option to purchase insurance. By clicking the "Book now" button, the customer is taken to an overview page where they confirm their personal information and payment details.
-
By clicking the corresponding button, the "Book now", the customer submits a legally binding offer. The booking can only be completed if the customer has previously accepted these Terms and Conditions by clicking on them, thereby including them in their offer. To do so, the customer must check the relevant box. The customer also has the option of saving and/or printing the Terms and Conditions in a reproducible format. The hotel will confirm receipt of the booking to the customer by E-Mail (order confirmation). The order confirmation also contains the applicable Terms and Conditions.
-
The booking process becomes legally binding when you click „Book now“.
-
If the booking is made via the website by a consumer within the meaning of Section 13 of the German Civil Code (BGB) (i.e. a natural person who makes the booking for a purpose that cannot be attributed to their commercial or independent professional activity), the transaction is generally a so-called distance selling transaction within the meaning of Section 312c of the German Civil Code (BGB). In the case of a distance selling transaction, the consumer can generally be entitled to a right of withdrawal within the meaning of Section 312g Paragraph 1 of the German Civil Code in conjunction with Section 355 of the German Civil Code (BGB). It is expressly pointed out that in the case of a booking of hotel services via the website, consumers are not entitled to a right of withdrawal according to Section 312g Paragraph 2 Sentence 1 No. 9 of the German Civil Code (BGB).
Conclusion of contract, contract partner, contract content; limitation period
-
Hotel offers are always subject to change. The presentation and advertising of rooms and extras on the website do not constitute a binding offer to conclude a contract. The contract is concluded upon acceptance of the reservation or booking by the hotel. If payment is made by credit card, acceptance is subject to authorization of the guest's credit card details or presentation of proof from the customer's bank that the account has sufficient funds to cover the accommodation costs. The hotel reserves the right to confirm the booking in writing.
-
The contracting parties are Blauer Bock Hotel GmbH & Co. KG (hereinafter referred to as "the hotel") and the customer. If a third party makes a reservation on behalf of the customer, they are jointly and severally liable to the hotel for all obligations arising from the contract, provided the hotel has received a corresponding declaration from the third party.
-
The customer does not acquire any right to the provision of specific rooms. The customer is obligated to treat the rented room, its furnishings and equipment, and the common areas with care and consideration. Unless otherwise agreed, hotel rooms are available from 2:00 p.m. on the day of arrival (check-in time); the customer has no right to earlier availability.
-
On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. (check-out time) at the latest. After that, the hotel may charge 50% of the full room rate for use beyond the agreed-upon date until 6:00 p.m., and 100% of the full room rate after 6:00 p.m. due to the late vacating of the room. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the hotel has incurred no or a significantly lower claim for usage fees.
-
Subletting or reletting of the hotel rooms provided is generally not permitted and requires the prior written consent of the hotel.
-
If a guest is provided with a parking space in a hotel garage, whether for a fee or free of charge, this does not constitute a safekeeping contract. The hotel is not obligated
to monitor the parking space. -
Bringing food, drinks, flowers, and furnishings is generally not permitted. Exceptions require a written agreement. Smoking is prohibited in all enclosed areas of the hotel.
-
All claims against the hotel generally expire one year from the beginning of the limitation period pursuant to Section 199, Paragraph 1 of the German Civil Code (BGB), upon the claim arising and upon knowledge or grossly negligent ignorance of the claim. The provisions of Section 475, Paragraph 2 of the German Civil Code (BGB) remain unaffected. Claims for damages expire after five years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
Prices, payment
-
1. The customer is obligated to pay the applicable or agreed hotel prices for accommodation and other services used. This also applies if the customer subsequently requests changes to the number of rooms booked, the hotel's services, or the length of stay, and the hotel agrees to this. For services provided after midnight, the hotel is entitled to charge a night surcharge based on the tariff for each hour or part thereof for the provision of staff.
-
Unless expressly agreed otherwise, valid means of payment are cash in euros, debit cards, MasterCard, Visa, and American Express. In the case of a payment in a foreign currency agreed upon in individual cases, exchange rate differences shall be borne by the payer. Deposits in foreign currencies are not accepted.
-
Hotel invoices are due without deduction within 3 days of receipt, but no later than 30 days after departure. In the event of late payment, the hotel is entitled to charge interest at a rate of 9% per annum to businesses. If the customer is a consumer, the hotel is entitled to charge interest at a rate of 5% per annum for late payment.
-
The hotel reserves the right to request an appropriate advance payment or security deposit (e.g., by credit card) at any time. Certain price types require a full advance payment at the time of booking. No cancellation or rebooking option is granted. No refund of the advance payment will be made. In return, the guest receives an effective price advantage. Unless otherwise agreed in writing regarding the amount of the advance payment and the payment dates, the following advance payments are agreed: For bookings of 5 or more rooms: 80% deposit no later than 42 calendar days before arrival.
-
A lien is created on all items of any kind brought in by the customer with regard to all claims related to the above order.
-
The billing method (recipient) must be communicated to the hotel upon order or at the latest upon completion of the service. Complaints regarding billing must be reported
to the hotel immediately upon discovery. -
The customer may only offset or reduce a claim against the hotel with an undisputed
or legally binding claim.
Cancellation by the hotel
-
If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is entitled to withdraw from the contract.
-
Furthermore, the hotel is entitled to withdraw from the contract for objectivelym justified reasons, for example if
-
Force majeure or other circumstances beyond the hotel’s control make the fulfillment of the contract impossible.
-
Accommodation is booked under misleading or false information about essential facts, e.g. the customer or purpose
-
the hotel has reasonable grounds to believe that the accommodation may jeopardise the smooth running of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation, or
-
there is a violation of the above paragraph III.4.
-
-
The hotel must inform the customer immediately of the exercise of the right of withdrawal
-
In the event of a justified cancellation by the hotel, the customer shall have no right to compensation. Any claims pursuant to Section VII remain unaffected.
Withdrawal (cancellation) by the customer
-
A customer's right of withdrawal is only possible if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists, or if the hotel expressly consents to the cancellation of the contract. The agreement regarding a right of withdrawal and any consent to a cancellation of the contract must be made in text form (letter, fax, or E-Mail).
-
If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any payment or compensation claims from the hotel. The customer's right of withdrawal expires if they do not exercise their right of withdrawal vis-à-vis the hotel by the agreed date.
-
If a right of withdrawal has not been agreed or has already expired, there is no statutory right of withdrawal or termination, and 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 must deduct any income from renting the rooms to other parties as well as any saved expenses. If the rooms are not rented to other parties, the hotel can deduct saved expenses as a lump sum. In this case, the customer is obligated to pay at least 90% of the contractually agreed price for overnight stays without breakfast, 80% of the contractually agreed price for overnight stays with breakfast, 70% for half-board, and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount.
Liability of the hotel
-
Claims for damages, regardless of the legal basis, are excluded unless the hotel is guilty of willful intent or is liable for its own gross negligence or the gross negligence of its legal representatives, executives, or other vicarious agents, or the claim for damages results from the breach of essential contractual obligations. In all cases of simple negligence, liability under this clause is limited to the foreseeable damage typical for the contract. Liability for damages resulting from injury to life, limb, or health remains unaffected.
-
The hotel is liable to the customer for items brought into the hotel in accordance with Sections 701 et seq. of the German Civil Code (BGB). Accordingly, liability is limited to one hundred timest he room rate, up to a maximum of € 3,500,00, or € 800.00 for cash and valuables.
-
The hotel is liable in accordance with paragraph 1 for damage to the customer's vehicle parked in a parking space in the hotel garage caused by the customer, their employees, or agents. The customer is obligated to report such damage immediately, and obvious damage in any case before leaving the hotel garage/parking lot. The hotel is not liable to customers for damage caused entirely by other customers/tenants or other third parties. The hotel is not liable to customers for damage caused to third-party property by the customer's vehicle.
Liability for damages resulting from injury to life, limb, or health, as well as liability for intent and gross negligence on the part of the hotel, remains unaffected.
Customer liability
-
The customer is liable for damage to the building, rooms, and/or inventory caused by themselves, their family members, guests, event participants, visitors, employees, or other third parties to whom they have allowed use of the room or to whom they have granted access, as a result of their breach of their duty of care and diligence, in accordance with statutory provisions. We would like to point out that smoking in enclosed areas of the hotel also constitutes property damage. The customer must immediately notify the hotel of any damage to the room or its
furnishings. It is the customer's responsibility to obtain adequate insurance to cover such liability claims. The hotel is entitled to request proof of appropriate insurance. -
The obligation to pay compensation includes all costs incurred by the hotel for the repair of the damage as well as all costs in the form of consequential damages, in particular loss of revenue for the period in which the room cannot be re-let due to the damage.
Final provisions
-
Any changes or additions to the contract, including this written form clause, must be made in writing.
-
Place of performance and payment is the registered office of the hotel.
-
The exclusive place of jurisdiction for disputes arising from this contract in commercial transactions is the registered office of the hotel, namely Munich. If the customer does not have a general place of jurisdiction within Germany, the place of jurisdiction is also the registered office of the hotel, namely Munich.
-
German law applies.
-
Should individual provisions of these Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions. The same applies to any gaps in the contract. Otherwise, the statutory provisions shall apply.
Final provisions
-
Any changes or additions to the contract, including this written form clause, must be made in writing.
-
Place of performance and payment is the registered office of the hotel.
-
The exclusive place of jurisdiction for disputes arising from this contract in commercial transactions is the registered office of the hotel, namely Munich. If the customer does not have a general place of jurisdiction within Germany, the place of jurisdiction is also the registered office of the hotel, namely Munich.
-
German law applies.
-
Should individual provisions of these Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions. The same applies to any gaps in the contract. Otherwise, the statutory provisions shall apply.
Contact
Blauer Bock Hotel GmbH & Co. KG
Sebastiansplatz 9
D-80331 Munich (Germany)
Telephone +49 89 23 17 80
Telefax +49 89 23 17 82 00
E-Mail: info@hotelblauerbock.de
Commercial Register: HRA91446, District Court Munich
VAT-ID: DE 257886470
Personal Liable Partner:
Blauer Bock Beteiligungs-GmbH, Address as above
Commercial Register: HRB163131, District Court Munich
Authorized Managing Director: Stefan Grosse
