Legal notice

Hotel Bayerischer Hof
Gebrüder Volkhardt KG
Promenadeplatz 2-6
80333 Munich, Germany

Postfach 100 253
80076 München, Germany

Fon +49 89.21 20-0
Fax +49 89.21 20-906
E-Mail:

info@bayerischerhof.de

rechnungseingang@bayerischerhof.de

Chief Executive: Innegrit Volkhardt

Responsibel for the content of the web-site: Philipp Herdeg

Registered office in Munich
Commercial register of Munich district court: HRA 48397
VAT ID no. DE 161 88 22 68

Programming and Realisation:
ISARNAUTEN Branding + Digital, Munich

Legal Notice

Hotel Bayerischer Hof checks and updates the information on its websites on an ongoing basis. Despite all care taken, the data concerned may have changed in the meantime. Therefore, it is not possible to accept any liability for the correctness or completeness of the information provided, or for said information being up to date. This also applies for all other websites that can be accessed by means of a hyperlink. We are not responsible for the content of websites that can be accessed by means of such a connection. In the event that a hyperlink directs you to an unlawful page, we kindly ask you to inform us by sending an email to sales@bayerischerhof.de. We will remove the link as soon as we are made aware of the situation.

The content and design of our Web pages are protected by copyright. The pages or the content thereof may only be reproduced with the prior written permission of Hotel Bayerischer Hof insofar as the reproduction is not already permitted by law.

General Terms and Conditions

Here you can download and print our current General Terms and Conditions as a PDF file.

I. Application

1. These Standard Terms of Business apply to contracts for the rental of hotel rooms, hotel Conference, Banqueting and function rooms as well as for all further Services and deliveries by the hotel in connection herewith.
2. The customer's Standard terms shall only apply when this has been expressly agreed in writing.

II. Conclusion and content of the contract

1. Offers from the hotel are always non-binding. The contract comes into being through the acceptance of the hotel. The hotel shall be free as to whether it confirms the booking in writing.
2. The subletting of the hotel rooms, function rooms, areas or cupboards provided as well as the use of the rented premises and areas for job interviews, sales and similar functions is generally not permitted and requires the prior written consent of the hotel.
3. The customer shall have no right to the availability of particular rooms. Unless otherwise agreed, the hotel rooms are to be occupied not earlier than 15:00 hrs on the day of arrival (check-in time). The customer shall have no right to an earlier availability time. On the agreed day of departure, the hotel rooms are to be vacated not later than 12:00 hrs (check-out time). Thereafter by reason of the delayed vacating of the room, the hotel may charge 50 % of the full accommodation price (list price) for such longer use up until 18:00 hrs, after 18:00 hrs 100%. No contractual rights of the customer shall be created thereby. The customer shall be free to evidence that the hotel has incurred no or a significantly lower claim for compensation of use.
4. It is generally not permitted to bring food, drink, flowers or furnishings to functions. Exceptions require a written agreement with the catering department. In such cases, a corkage fee and/or other charges plus a service charge to cover the general costs shall be invoiced.
5. The use of the hotel facilities is permitted only during the relevant open hours. The current opening hours are displayed at the entrance of the relevant hotel facility. The hotel reserves the right to change the opening hours or to close facilities in whole or in part, in particular due to renovation works or hotel functions or when their use is not possible or restricted for other reasons. In addition, the general conditions of use for the blue spa apply to the use of the blue spa and separate terms and conditions apply to the use of the hotel garage and the use of the astor cinema lounge.

III. Prices, payments

1. The customer is obliged to pay the hotel's applicable or agreed prices for the accommodation and/or functions as well as for other Services which are used. This also applies to Services provided and expenses incurred by the hotel to third parties on the customer's instructions. For Services provided after 24:00 hrs, the hotel is entitled to impose a night surcharge for each hour or part of an hour in which employees are held available.
2. The agreed prices include the current statutory Value Added Tax, except where a different agreement has been reached. If the period between the conclusion and the fulfilment of the contract exceeds four months and the prices generally charged by the hotel for such Services or the statutory Value Added Tax increase, then the hotel may raise the agreed prices by a reasonable amount, however, not more than 10 %.
3. Invoices shall be issued in EURO (€). Where payments are made in foreign currency, any exchange rate differences and bank charges shall be borne by the payer. Advance payments in foreign currency shall be credited towards the total invoice on the value date.
4. Invoices from the hotel shall be paid within 10 days after receipt of the invoice but not later than 30 days after the day of departure without deduction. Where payment is delayed, the hotel is entitled to charge interest at the rate of 5 percentage points above the basic rate of interest. In the case of legal transactions to which a consumer is not a party the hotel is entitled to charge interest at the rate of 9 percentage points above the basic rate of interest. The customer remains entitled to evidence a lower, the hotel a higher loss.
5. The hotel is entitled at any time to demand a reasonable payment in advance. Except where the amount of the advance payment and the due dates for payment have been otherwise agreed in writing in the contract, the following advance payments are agreed:
     a)for accommodation (room & breakfast) for groups of at least 10 room nights
   - 10 % deposit upon conclusion of the contract as guarantee, plus
   - 50 % deposit 90 calendar days before arrival date, plus
   - 40 % deposit 30 calendar days before arrival date.
   
   b)for functions (room rental, general charges, flat rate for beverages & catering revenue and conference charges) for Orders of at least € 2,500.00 in value
   - 10 % deposit upon conclusion of the contract as guarantee, plus
   - 50 % deposit 90 calendar days before the start of the function, plus
   - 40 % deposit 30 calendar days before the start of the function.
6. When booking additional services such as massages, transfers and/or restaurants, especially for groups, the hotel is entitled to request a full deposit for these services in advance.
7. Outstanding items not covered by the deposit will be invoiced immediately after departure. The invoice must then be paid within 10 calendar days of receipt. 
8. A pledge is created by the deposit of all items of any type brought in by the customer in respect of all Claims, which are connected with the relevant contract.
9. Complaints possibly concerning the billing have to be communicated to the hotel immediately after arising.
10. The hotel has to be notified about the requested billing mode (addressee) when signing contracts or immediately upon completion of Services. The customer agrees to receive invoices electronically. Electronic invoices are sent to the customer by e-mail in PDF format.
11. Client is obliged to adhere to laws, rules and regulations concerning payments to the hotel. Especially, but not exclusively, concerning national and international rules and regulations against money laundering.

IV. The Hotel's right to withdraw

1. If an agreed advance payment is not made even after the expiry of a reasonable deadline set by the hotel, the hotel shall be entitled to withdraw from the contract.
2. The hotel shall also be entitled to withdraw from the contract if
   - the customer falls into payment arrears
   - the customer has filed for bankruptcy at a district court
   - provisional bankruptcy proceedings have been initiated against the customer by the
   district court or if bankruptcy proceedings have been opened or have been dismissed due to insufficient assets.
3. The hotel is also entitled to withdraw from the contract for objectively justified reasons, for
   example if
   - force majeure or other circumstances for which the hotel is not responsible make the fulfilment of the contract impossible,
   - accommodation or functions were booked under misleading or incorrect statements of material facts, e.g. the customer or the purpose of use,
   - the hotel has justified cause to assume that the accommodation and/or function may endanger the smooth business operations, the safety or the reputation of the hotel in public, without this being attributable to the management or organization of the hotel or
   - there is a breach of the above clause II.2.
4. The hotel must notify the customer without delay of the exercise of the right to withdraw.
5. If the hotel is entitled to withdraw, then the customer shall not be entitled to damages. Any claims under clause IX. shall remain unaffected.

V. Cancellation by the customer

1. Cancellations must be made in writing.
2. For accommodation, the following applies to a cancellation by the customer:
   
   2.1 In case of cancellation the customer is obliged to pay 90 % of the agreed room rate for each room and booked nights.
   
   2.2 For group bookings of at least 10 room nights
   
   a) up to 90 calendar days before arrival of the group, 90 % of the booked or remaining room nights may be reduced free of charge,
   
   b) up to 60 calendar days before arrival of the group, 70 % of the booked or remaining room nights may be reduced free of charge,
   
   c) up to 30 calendar days before arrival of the group, 40 % of the booked or remaining room nights may be reduced free of charge,
   
   d) up to 14 calendar days before arrival of the group, 20 % of the booked or remaining room nights may be reduced free of charge,
   
   e) up to 5 calendar days before arrival of the group, 5 % of the booked or remaining room nights may be reduced free of charge.
   
   2.3 In respect of individual bookings, the cancellation period stated on the written confirmation shall apply.
3. Where an allocation of rooms has been reserved on call, clause V.2. shall apply accordingly to the cancellation of rooms after booking. If guests book individual rooms directly, the customer remains liable until the full allocation of rooms has been booked.
4. For functions, the following shall apply to a cancellation by the customer:
   a)up to 60 calendar days before the date of the function, or 120 days for rental of the Festsaal, the customer may withdraw free of charge up to a room rental value of € 2,000.00. For a room rental value of € 2,000.00 and more the hotel is entitled to invoice 10 % of the agreed rental price.
   b)If the customer withdraws between 60 and 30 calendar days before the date of the function, or between 120 and 30 calendar days for the rental of the Festsaal, then the hotel is entitled to invoice the agreed rental price, to the extent it is no longer possible to rerent the rooms, however at least 10 % of the agreed rental price.
   c)If the customer withdraws between 30 and 14 calendar days before the date of the function, then the hotel is entitled to invoice the agreed rental price plus 50 % of the lost food revenue.
   d)If the customer withdraws between 14 and 7 calendar days before the date of the function, then the hotel is entitled to invoice the agreed rental price plus 75 % of the lost food revenue, upon later withdrawal also the full food revenue.
   e)The catering revenue shall be calculated using the formula: catering menu price x the number  of  persons.  If  no  price  had  been  agreed  for the  menu,  the  food  price  or  the cheapest 3-course meal at the then current function prices shall form the basis. If no estimated room rental for the function was given, the current room rental prices for this period shall apply.
   f) If a daily rate per participant has been agreed, then the hotel shall be entitled to charge 10 % of the agreed daily rate times the agreed number of participants for a cancellation up to 60 calendar days before the date of the function, or 120 days for the rental of the Festsaal, 60 % for a cancellation between 60 calendar days, or 120 calendar days for the rental of the Festsaal, and 30 calendar days before the date of the function, or 85 % in the case of a later cancellation. If a function has been booked for fewer than 25 persons, a cancellation is possible free of charge up to 60 calendar days before the date of the function.
5. A change of the contractual extent through later arrival or early departure shall also be deemed to be a cancellation for the purposes of the above provisions.
6. The customer remains entitled to evidence a lower loss, the hotel a higher one.

VI. Changes to the number of participants and function times

1. A change to the number of participants by more than 5 % must be notified to the catering department at least 5 working days before the start of the function; this requires the written approval of the hotel without a corresponding written approval from the hotel, where the number of participants is lower the charges shall be based on the contractually agreed number of participants crediting any expenditure saved.
2. In the event of a higher number, the actual number of participants will be charged.
3. The hotel is entitled to make its approval of a reduction by more than 10 % of the number of participants, which is notified later than five working days before the start of the function subject to the condition that the agreed prices are redetermined and/or the confirmed rooms are changed.
4. If the agreed start and end times of the function are changed without the prior written approval of the hotel, the hotel may invoice additional costs for holding the Services ready.
5. The hotel may allocate different function rooms to the customer from those originally booked, when this is not unreasonable for the customer, in particular when urgent maintenance works have to be carried out or the originally booked rooms are otherwise required and the alternative rooms allocated are comparable to those originally booked in capacity and facilities, or are at least suitable in the same way for the function planned by the customer. The hotel shall notify the customer without delay of any change of the function rooms.

VII. Technical facilities and connections

1. To the extent the hotel obtains technical or other facilities as well as Services from third parties at the request of the customer on its behalf, it acts in the name, with the authority and for the account of the customer. The customer shall be liable for handling such items with due care and for their proper return. The customer shall indemnify the hotel against all Claims of third parties for the Provision of these facilities.
2. For installations of technical extras and equipment, the hotel may demand that these are inspected by the TÜV and that the customer furnishes the technical examination certificate to the hotel without delay and without being asked.
3. The use of the customer's own electrical equipment using the hotel's electricity requires its written approval. The hotel is entitled to invoice a fixed usage fee for this. The customer shall be liable for disruptions or damage to the technical facilities of the hotel occurring through the use of his equipment, to the extent this does not fall within the hotel's area of responsibility.
4. The customer is entitled with the approval of the hotel to use its own telephone, telefax and data transfer facilities. The hotel is entitled to charge a connection fee for this.
5. If suitable equipment from the hotel remains unused through the connection of the customer's own equipment, the hotel is entitled to invoice a shortfall fee.

VIII. Customer's decoration materials and other items

1. Decoration materials brought in by the customer must comply with the fire regulations. The hotel may demand the presentation of an official certificate.
2. Because of the danger of possible damage, the hanging and fixing of items to the walls is prohibited. The hotel will provide appropriate Stands or decorative screens, for which there is a charge.
3. All exhibition or other items brought by the customer must be removed without delay after the end of the stay and/or the function. If the customer fails to comply with this Obligation, the hotel may carry out the removal and storage at the customer's expense. If the items remain in the function room, the hotel may charge the room rental until they are removed. The customer remains entitled to evidence a lower, the hotel a higher loss. The necessary disposal of rubbish left behind shall again take place at the customer's expense. The above provisions also apply to items which are rented from third parties or are brought into the hotel rooms.

IX. Liability of the Hotel

1. Claims to compensation for damage, regardless of their legal basis, are precluded unless the hotel, its legal representative, its manager or any of its agents have acted with intent or gross negligence or the claim to compensation for damage is based on a breach of an essential contractual obligation. Any liability in this context in any case of simple negligence is limited in amount to the damage typical of and foreseeable under the contract. Liability for damage or injury to life, body or health are unaffected.
2. Where the customer is a guest with accommodation, the hotel shall be liable for items brought in under section 701 et seq. German Civil Code. Thereunder, the liability is limited to 100 times the room price for one day, however, at most € 3,500.00 or € 800.00 for money and valuable items.
3. The hotel shall be liable pursuant to clause IX.1. for any damage to vehicles of the customer which have been parked in a hotel garage parking bay, when such damage is the responsibility of the hotel, its employees or agents. The customer shall be obliged to notify such damage without delay, obvious damage at the latest before leaving the hotel garage/parking area. The hotel shall not be liable for damage which is solely caused by other customers or other third parties. The hotel shall not be liable towards the customer for losses to the belongings of third parties which are caused by the customer's vehicle. Liability for death, personal injury or damage to health as well as liability for intent and gross negligence of the hotel, its legal representative, its manager or any of its agents and the liability for breach of an essential contractual obligation shall remain unaffected.

X. Liability of the Customer

1. The customer shall be liable for damage to buildings and/or furnishings which are caused by himself, his family members or guests, participants or visitors to functions, employees or other third parties from his sphere, under the statutory provisions. It shall be for the customer to obtain sufficient insurance for such types of liability. The Hotel is entitled to demand evidence of a corresponding insurance.

XI. Final Provisions

1. Amendments or additions to this contract, including to this written form requirement, must be made in writing.
2. Place of fulfilment and payment is the registered offices of the hotel.
3. Exclusive place of jurisdiction in commercial transactions, including for cheque and bills of exchange disputes, is the registered offices of the hotel. If the customer has no general place of jurisdiction in Germany, the place of jurisdiction shall again be the registered offices of the hotel.
4. German law shall apply.
5. Should individual terms of these Standard terms of business be invalid or void, this shall not thereby affect the validity of the remaining terms. The same applies to gaps in the contract. Apart from this, the statutory provisions shall apply.

XII. Supplementary Terms for the Purchasing of Vouchers

1. In the event of a voucher being ordered, a contractual offer pursuant to clause II.1. of these Terms & Conditions as made by the customer is deemed to have been accepted at the time the customer receives the voucher from the hotel.
2. On the basis of a voucher purchased from the hotel, the customer is entitled to demand that the hotel provide the service stated on the voucher. The service stated on the voucher will be provided in accordance with these Terms & Conditions. The hotel is only required to provide the service upon presentation of the voucher (a bearer ticket within the meaning of section 807 and sections 793 ff. of the German Civil Code [BGB]).
3. The customer is entitled to pass on the voucher to third parties, in particular as a gift. At the request of the customer, the hotel will already state on the voucher form the name of a third party as the intended recipient of the voucher. The stipulation of a name does not affect the legal nature of the voucher as described in clause XII.2.
4. If the customer is a consumer and, by purchasing a voucher, concludes a contract with the hotel by the sole means of remote communication media, the customer has a right of cancellation pursuant to sections 355, 312g, 312c of the German Civil Code (BGB). Remote communication media are communication media that can be used to negotiate or conclude a con-tract between a consumer and a trader without the need for both parties to be present at the same time. In particular, they include letters, catalogues, telephone calls, faxes and emails, as well as radio, telecommunications and media services. There is no right of cancellation if the voucher relates to the provision of services in the areas of lodging, conveyance, food and drink provision or leisure activities and the hotel has committed to providing the services at a particular point in time or within a precisely defined period of time. This applies in particular to vouchers with specific booking dates.
5. In addition, the contractual conditions for the purchase and in particular the use of vouchers apply, available at https://shop.bayerischerhof.de/texts/216/ 
    

XIII. Cancellation right

1. If the customer is a consumer, he/she has a general legal cancellation right when entering into a distance selling transaction or off-premises contract about which the hotel informs below in accordance with the legal model:
   
   INSTRUCTION ON CANCELLATION RIGHT
   
   (does apply to vouchers without specific booking dates)
   
   Cancellation right
   
   You have the right to cancel this contract within 14 days without giving any reason.
   
   The cancellation period will expire 14 days after the day on which you or a third party designated by you that is not the carrier took possession of the last goods.
   
   To exercise the cancellation right, you must inform us (Hotel Bayerischer Hof, Promenadeplatz 2-6, 80333 Munich, e-mail: gutschein@bayerischerhof.de, fax: +49 (0) 89 2120-646, Telephone: +49 (0) 89 2120-894) of your decision to cancel the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
   
   To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the cancellation right before the cancellation period has expired.
   
   To return goods, please use only this address: Hotel Bayerischer Hof, Abteilung Gutscheinverkauf, Promenadeplatz 2-6, 80333 Munich.
   
   Effects of cancellation
   
   If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard de-livery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
   
   We can refuse to make the reimbursement until we have received the goods or until you have provided documentation of the fact that you have sent the goods back, whichever occurs first.
   
   You must return or hand over the items immediately and at any event within 14 days at the latest as of the date on which you notified us of the cancellation of this agreement. The deadline is met if you send the items back before the 14-day period expires.
   
   You are responsible for paying the direct costs of returning the items.
   
   You are only required to pay any diminished value of the items if this diminished value results from handling other than what is necessary to ascertain the nature, properties and functioning of the items.
   
   We also inform you below regarding the model cancellation form according to applicable law:
   
   Model cancellation form
   
   (If you wish to cancel the contract, please fill in this form and return it to us.)
   
   − To: Hotel  Bayerischer Hof, Abteilung Gutscheinverkauf, Promenadeplatz 2-6, 80333 Munich, e-mail: gutschein@bayerischerhof.de, fax: +49 (0) 89 2120-646
   − I/We (*) hereby cancel the contract into which I/we (*) have entered governing the purchase of the following goods (*)/the provision of the following services (*)
   − ordered on (*)/received on (*)
   − Name of the consumer(s)
   − Address of the consumer(s)
   − Signature of the consumer(s) (only for notification on paper)
   − Date
   ______
   
   (*) Delete whatever does not apply
   
   To return goods, please use only this address: Hotel Bayerischer Hof, Abteilung Gutscheinverkauf, Promenadeplatz 2-6, 80333 Munich.
   
   The legal exceptions to the cancellation right in relation to vouchers are specified below. According to applicable law, there is no cancellation right in situations including
   − contracts for the provision of services in the fields of accommodation other than for residential purposes, transport of goods, car rental services, deliveries of food and beverages, or services related to leisure activities, if the contract provides for a specific date or period of performance.

XIV. Dispute resolution

1. The EU Commission has set up a website for online dispute resolution. The website serves as a point of contact for out-of-court resolution of disputes regarding contractual obligations arising from online purchase agreements. More information is available using the following link: ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in any dispute resolution proceedings at a consumer dispute resolution body.
   
   Status: 09th December 2020

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