Terms & Conditions

General Terms and Conditions of Michelberger Hotel / Monaco & Freunde GmbH & Co. KG for Hotel Accommodation and Events (last update: May 2018)

I. Sphere of Application

1. These Terms and Conditions apply to all contracts concerning:

a) the renting of hotel rooms for accommodation as well as all services rendered for guests in this connection (hereinafter referred to as ‘Hotel Accommodation Contract’) by Michelberger Hotel (hereinafter referred to as ‘Hotel’). The term ‘Hotel Accommodation Contract’ embraces and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract and hotel room contract;

b) the renting of Hotel conference, banquet and event rooms for the holding of events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as all Hotel services rendered for guests in this connection.

2. The subletting or onward letting of rented rooms, premises, spaces or display cases, as well as public invitations and the holding of sales or similar events, requires the Hotel’s prior written consent.

3. These Terms and Conditions apply exclusively. Any contrary or divergent terms and conditions will not be recognised unless they are expressly agreed in advance and in writing. Any special contractual agreements between the Hotel and the guest take precedence.

II. Conclusion of Contract, Contracting Parties

1. The Contract enters into force on acceptance of the guest’s request by the Hotel. The Hotel is entitled to confirm the booking of a room or event in writing or by e-mail.

2. The Contracting Parties are the Hotel and the guest for whom the Hotel is providing the services. If a third party makes the order on the guest’s behalf it is jointly and severally liable to the Hotel together with the guest for all obligations arising from the Contract in question.

III. Services, Prices & Payment

1. The Hotel undertakes to reserve the rooms booked by the guest and to provide the services requested by the guest and promised by the Hotel, as well as any services individually agreed with the guest. Unless otherwise agreed, the guest is not entitled to a specific room or, in the case of events, to a room which has already been allocated on organisational grounds.

2. The hotel is a NON SMOKING hotel. Guests who do not comply will be charged 100 EUR for additional cleaning. If cigarette smoke causes a false fire alarm, 500 euros will be charged additionally, plus any costs associated with the operation of the fire or police departments.

3. The guest undertakes to pay either the prevailing price charged by the Hotel for the rooms and any other services, or the price agreed with the Hotel if different. This also applies to services outsourced by the Hotel to third parties, whether these are procured directly by the guest or obtained via the Hotel. This applies in particular to the claims of copyright associations.

4. The agreed prices are inclusive of the taxes and local levies prevailing at the time of concluding the Contract. Not included are local levies payable by the guests themselves in line with local ordinances, for instance tourist tax. In the event of changes to the rate of VAT or the introduction, changing or abolition of local levies on the service in question after conclusion of the contract, the prices will be adjusted accordingly. However, in the case of contracts with consumers this only applies if the period between conclusion and fulfilment of the contract exceeds four months.

5. On concluding a contract with a guest the Hotel is entitled to charge a reasonable advance payment or to demand security, for instance in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in writing in the Contract. In the case of stays exceeding one week or bills for more than EUR 1,000 for services already rendered the Hotel is entitled to issue interim invoices which are payable immediately.

6. In justified cases, for example in the event of a guest falling into arrears or the broadening of the Contract’s scope, the Hotel is entitled, between conclusion of the Contract and the start of the guest’s stay and/or the start of the event, to increase the advance payment or guarantee agreed in the Contract by any amount up to the full agreed remuneration.

7. Furthermore, at the beginning and during a guest’s stay the Hotel is entitled to charge a reasonable advance payment or demand security in conformity on existing and future claims arising from the Contract if said advance payment or security has not already been furnished by the guest in accordance.

8. If, after making a booking, a guest subsequently wishes to reduce the number of rooms booked, the services required or the duration of the stay, the Hotel may make its agreement to said reduction subject to an increase in the charge it makes for the remaining rooms and/or services which it does.

9. The total invoice amount in connection with a Hotel Accommodation Contract is payable by the guest at the latest on departure. Any advance payments requested by the Hotel must be made no later than the date specified by the Hotel.

10. Other Hotel invoices with no due date are payable in full within ten days of receipt. The Hotel may at any time demand the immediate payment by guests of claims which are already due.

11. If a guest falls into payment arrears the Hotel is entitled to charge the prevailing statutory rate of penal interest, which is currently the central bank base rate plus 8%, or in the case of transactions involving consumers 5%. However, irrespective of this the Hotel reserves the right to prove that it has suffered greater loss or damage. Furthermore, in this event the Hotel is entitled to refuse to render any further or future services for the guest provided it has given the guest prior warning and set a period for payment of the arrears, in the process warning the guest that it would refuse to render any further services if said payment is not made within the stipulated period.

12. In every individual case the Hotel is entitled to choose whether or not to accept credit cards and which credit cards it is willing to accept, even if its general acceptance of credit cards is advertised on signs displayed in the Hotel. Credit cards and other means of payment are accepted only in consideration of performance.

IV. Right of Offset

The guest may only offset its own claims against the Hotel’s claims if said claims are undisputed or established in law.

V. Cancellation by the Hotel

1. If a given individual contract grants the guest a right of cancellation without charge within a given period, the Hotel is likewise entitled to cancel the Contract during that period if other prospective guests make enquiries about the contractually booked bedrooms or event rooms and, in response to a corresponding request by the Hotel, the guest elects not to waive its cancellation right.

2. If an advance payment or security agreed or demanded pursuant is not made/furnished by the expiry of a reasonable extension period granted by the Hotel, the Hotel shall be entitled to cancel the Contract.

3. The Hotel is also entitled to cancel the Contract on legitimate material grounds. A legitimate materiel ground is deemed to exist if

force majeure or other circumstances beyond the Hotel’s control render fulfilment of the Contract impossible;

rooms are booked on the basis of misleading or false information, for instance regarding the identity of the guest or purpose of the booking;

events or rooms are culpably booked on the basis of misleading or false information or the withholding of material circumstances. These may concern the guest’s identity or solvency or the purpose of the stay;

the Hotel has good reason to believe that providing its services for the guest in question could jeopardise the smooth running, safety or reputation of the Hotel in ways not imputable to the Hotel’s sphere of control or organisation;

the purpose of or reason for the stay and/or event is unlawful;

the guest allows third parties to use the rooms without the Hotel’s consent.

4. The guest has no right to damages in the event of the legitimate cancellation of the Contract by the Hotel.

VI. Cancellation of a Hotel Accommodation Contract by the Guest

1. The guest is only entitled to cancel a Hotel Accommodation Contract concluded with the Hotel if the Contract expressly provides for a right of cancellation, if there is in any case a statutory right of cancellation or if the Hotel expressly consents to the rescission of the Contract. Any agreement to a right of cancellation or to the rescission of a contract must be made in writing.

2. If the Hotel and the guest agree a deadline after which the right to cancel the Contract without charge expires, the guest may cancel the Contract until said expiry date without triggering any right to payment or damages on the Hotel’s part. However, the guest’s right of cancellation is forfeited if it is not exercised within that period.

3. If a right of cancellation has not been agreed or has already expired, if there is no statutory right of cancellation or termination or if the Hotel does not consent to the rescission of the Contract, the Hotel reserves its right to the agreed remuneration regardless the non-use of the service.

VII. Cancellation of Events by the Guest

1. The guest is only entitled to cancel an Event Contract concluded with the Hotel if the Contract expressly provides for a right of cancellation, if there is in any case a statutory right of cancellation or if the Hotel expressly consents to the rescission of the Contract. Any agreement to a right of cancellation or to the rescission of a contract must be made in writing.

2. If the Hotel and the guest agree a deadline after which the right to cancel the Contract without charge expires, the guest may cancel the Contract until said expiry date without triggering any right to payment or damages on the Hotel’s part. However, the guest’s right of cancellation is forfeited if it is not exercised within that period.

3. If a right of cancellation has not been agreed or has already expired, if there is no statutory right of cancellation or termination or if the Hotel does not consent to the rescission of the Contract, the Hotel reserves its right to the agreed remuneration regardless of whether the guest avails itself of the agreed services or not. However, [when calculating the above-mentioned remuneration] the Hotel must offset any receipts from alternative use of the rooms and also any cost savings [resulting from the cancellation]. Said saved expenses will be taken into account via the following compensation arrangements:

VIII. Surrender and Return of Bedrooms

1. Unless expressly agreed the guest is not granted any entitlement to specific rooms.

2. Guests may occupy booked rooms from 3:00 p.m. on the agreed day of arrival. Unless specially agreed the guest is not entitled to occupy rooms at an earlier time.

3. Unless a later arrival time has been arranged, the rooms have been fully paid for in advance, the Hotel shall be entitled to release the room reservation at 6 p.m. onwards. In this case the guest has no right to assert any claim against the Hotel.

4. On the agreed day of departure the guest must vacate the rooms by 12 noon at the latest. If the guest fails to vacate rooms on time the Hotel may charge 50% of the room’s full list price for the following night for late occupancy between 12 noon and 6 p.m. and 100% thereafter. In this event the guest has no right to assert any contractual claim against the Hotel. However, the guest shall be free to provide proof that a claim for the above amounts has not in fact arisen or is excessive. The above is without prejudice to the Hotel’s right to assert claims for more extensive loss or damage.

5. Rooms or event spaces left behind with extraordinary dirt will be charged accordingly (minimum charge of 50 Euro).

6. The Hotel is entitled to refuse a guest admittance to the Hotel or accommodation therein if on the guest’s arrival it has good grounds for believing that the guest is under the influence of drugs or alcohol or otherwise behaves in an offensive manner towards hotel staff or other guests. The Hotel is entitled to eject a guest from the Hotel and cancel without notice its existing Contract with that guest if he or she repeatedly disturbs the peace or causes a nuisance for other guests or hotel staff.

IX. Change of Event Time and Additional Services

1. If agreed event start and finish times are delayed, and the Hotel agrees to these changes, the Hotel may make a reasonable extra charge for services made available during this period unless the Hotel is responsible for the delay.

2. If the guest requests changes to the agreed type of seating on the day of the event the Hotel reserves the right to charge extra for the rearrangement work involved.

3. The guest is obliged to inform the Hotel of the final number of people at least 30 days before the event starts.

4. If the number of people increases, the actual number of people in attendance will be used as the basis for the invoice.

5. If the actual number of people is lower than the final figure provided, the hotel shall be entitled to bill the guest the difference between the actual number of people and the maximum permissible reduction in full.

6. Any costs incurred for services over and above the agreed ones, such as telephone, bar and mini-bar drinks and other additional meals and drinks, must be paid for by the event participants themselves. The guest is jointly and severally liable for any such costs together with the event participants.

X. Bringing Food and Drink to Events

The guest may not bring their own food and drink to events except with the Hotel’s consent. If said consent is given a charge will be made to cover the Hotel’s overhead costs in this respect.

XI. Technical Equipment and Connections

1. If the Hotel obtains technical and other equipment from third parties at the guest’s request it does so in the name of, on the authority and on behalf of the guest. The guest is responsible for handling the equipment with care and returning it in similar condition it was in upon arrival, and hereby indemnifies the Hotel against all third-party claims arising from the provision of said equipment.

2. The guest must obtain the Hotel’s consent if it intends to connect its own electrical equipment to the Hotel’s power network. Any malfunctions or damage to the Hotel’s technical installations caused by the use of this equipment will be charged to the guest unless the Hotel is at fault for said damage. The Hotel is entitled to make a fixed charge to cover the cost of the electricity consumed by this equipment.

3. With the Hotel’s consent the guest may use its own telephone, fax and data transmission equipment. The Hotel may charge a connection fee in this respect.

4. If the use of the guest’s own equipment means that suitable Hotel equipment remains unused the Hotel is entitled to make a corresponding compensation charge.

5. Any malfunctions in technical or other equipment provided by the Hotel will be repaired as quickly as possible. However, payments may not be withheld or reduced unless the Hotel is responsible for said malfunctions.

XII. Loss of or Damage to Items Brought by Guests

1. Any personal items or items brought to the Hotel by guests for use at events are kept in the event rooms or the Hotel at the guest’s own risk. The Hotel disclaims all liability for the loss, destruction or damage of said items, including for financial loss, unless this is the result of gross negligence or intent on the Hotel’s part. Also excluded from the above disclaimer are loss of life, physical injury and harm to health, as well as all cases whose individual circumstances entail that safekeeping constitutes a contractually-typical obligation.

2. Any decorative items brought by guests must comply with all fire safety requirements. The Hotel is entitled to demand official proof of compliance, and if such proof is not forthcoming the Hotel may remove materials already installed at the guest’s cost. The guest must consult with the Hotel before putting up or affixing any items.

3. Any items brought for display or other purposes must be removed immediately at the end of the event. If the guest fails to do so the Hotel may remove and store said items at the guest’s cost. If the items are left in an event room the Hotel may make a reasonable charge for the use of that room until it has been made ready for reuse.

XIII. The Guest’s Liability during Events

1. If the guest is a business enterprise it is liable for all damage to buildings, furnishings, fixtures or fittings caused by event participants, visitors, employees, other associated third parties or by the guest itself.

2. The guest hereby indemnifies the Hotel against all third-party claims arising from the conduct of the guest, its employees, the event participants or the guest’s vicarious agents.

XIV. The Hotel’s Liability

1. Compensation claims on the part of the customer are excluded. Exempt from this rule are claims on the part of the customer for damages due to injury to life, body and health, or in case of violation of contractual duties, as well as liability for other damages based on intentional or grossly negligent breaches of duty committed by the hotel, its legal representatives or agents. Essential contractual obligations are those which need to be fulfilled in order to achieve the aim of the contract. In the case of violation of contractual duties, the hotel shall only be liable for foreseeable damage typical for the contract, if such damage was caused by ordinary negligence, unless the customer claims damages relating to injury to life, body or health. The aforementioned limitations shall also apply in favour of the legal representatives and vicarious agents of the hotel, if claims are made directly against them.

2. The Hotel is liable to the guest in accordance with the prevailing legal provisions for the items brought by the guest to the Hotel.

3. If the Hotel provides the guest with a parking space in the Hotel parking area, including for a charge, this does not constitute a safekeeping agreement. In the event of the loss of or damage to motor vehicles while parked or being driven on the Hotel’s grounds, or to the contents there of.

4. The Hotel will take all due care in complying with requests for wake-up calls. Messages, mail and consignments of goods for guests will be handled with care. The Hotel will deal with the delivery, safekeeping and, on request and for a charge, dispatch of the same.

XV. Right to Refuse Admittance or Eject Guests

The Hotel is entitled to refuse a guest admittance to the Hotel or accommodation therein if on the guest’s arrival it has good grounds for believing that the guest is under the influence of drugs or alcohol or otherwise behaves in an offensive manner towards hotel staff or other guests. The Hotel is entitled to eject a guest from the Hotel and cancel without notice its existing Contract with that guest if he or she repeatedly disturbs the peace or causes a nuisance for other guests or hotel staff.

XVI. Closing Provisions

1. Any amendments or supplements to the Contract, the [provisions governing] acceptance of orders or to these General Terms and Conditions must be made in writing. Any unilateral amendments or supplements made by the guest are hereby null and void.

2. The place of commercial performance and payment is the registered office of the Hotel.

3. These General Terms and Conditions are governed by German law.

Berlin, May 2018

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