Terms and Conditions of McDreams Hotel GmbH in Germany

1 SCOPE
1.1 These Terms and Conditions apply to contracts concerning the provision of hotel rooms for accommodation and to all related services and supplies rendered to the Customer by the Hotel (Hotel Accommodation Contract). The term ‘Hotel Accommodation Contract’ encompasses and replaces the following terms: lodging contract, guest contract, hotel contract, hotel room contract.
1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the Hotel in writing, whereby Section 540(1) sentence 2 of the German Civil Code (BGB) is waived insofar as the Customer is not a consumer.
1.3 The Customer’s general terms and conditions shall apply only if expressly agreed in advance.

2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
2.1 The contracting parties are the Hotel and the Customer. The contract shall become effective upon the Hotel’s acceptance of the Customer’s request. At its discretion, the Hotel may confirm the room reservation in writing.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This shall not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by the Hotel.
2.3 A group booking shall be deemed to exist if a Customer books more than nine rooms in a hotel establishment during the same period and/or for the same event by way of one or more booking transactions. This shall also apply to professionally related and corporate bookings. The booking method used to make a group booking is immaterial. The booking can be made in person, by telephone, by email, in writing, on ‘mcdreamshotels.de’, through agents (e.g. online portals) or in other ways.

For group bookings, different booking, payment and cancellation conditions may apply.

3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The Hotel undertakes to provide the rooms booked by the Customer and to render the agreed services.
3.2 The Customer undertakes to pay the agreed or applicable hotel prices for the provision of the rooms and services used by the Customer. This shall also apply to services ordered by the Customer directly or through the Hotel, which are provided by third parties and paid for by the Hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes which are payable by the Guest according to the respective local law, such as visitor’s tax.
If the statutory VAT rate changes or local taxes on the subject matter of the contract are newly introduced, changed or abolished after conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the time span between conclusion and fulfilment of the contract exceeds a period of four months.

3.4 The Hotel may make its consent to a subsequent reduction in the number of booked rooms, the Hotel’s services or the Customer’s length of stay requested by the Customer dependent on the price for the rooms and/or for the Hotel’s other services being increased.
3.5 Hotel invoices not stating a due date shall be payable in full within ten days of receipt of the invoice. The Hotel may demand immediate payment of due receivables from the Customer at any time. If the Customer is in default of payment, the statutory provisions shall apply. The Hotel is entitled to furnish proof of greater damage.
3.6 The Hotel is entitled to request a reasonable advance payment or security deposit from the Customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. If the Customer is in default of payment, the statutory provisions shall apply.
3.7 In justified cases, for example if the Customer is in arrears with payment or if the scope of the contract is extended, the Hotel is entitled, even after conclusion of the contract and up to the beginning of the stay, to demand an advance payment or a security deposit within the meaning of clause 3.6 above or an increase in the amount of the advance payment or security deposit agreed in the contract up to the total agreed remuneration. This shall also apply to the circumstances listed in clause 5.3.
3.8 Furthermore, the Hotel is entitled to demand from the Customer a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract at the beginning of and during the stay, insofar as such payment has not already been made pursuant to clause 3.6 and/or clause 3.7 above.
3.9 The Customer may only set off undisputed, legally established claims against claims of the Hotel.
3.10 If the Customer uses a credit card or another online payment method to pay for McDreams products for which McDreams requires advance payment (e.g. standard orders requiring advance payment or guaranteed bookings) without presenting such payment method in person (e.g. on the phone or Internet), McDreams shall not grant the Customer the right to cancel said charges with his/her bank and credit card company.

4 CUSTOMER’S WITHDRAWAL (CANCELLATION) / NON-USE OF THE HOTEL’S SERVICES (NO SHOW)
4.1 Reservations made by the Customer are binding for both contracting parties. If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination, and if the Hotel does not consent to a cancellation of the contract, the Hotel shall retain the claim to the agreed remuneration despite the service not being used. In this case, the Customer must pay 100% of the contractually agreed total price for accommodation. Additional services may be treated separately.
4.2 If the Hotel can provide the cancelled service to other parties during the agreed period, the cancellation charge payable by the Customer shall be reduced by the amount which said third parties pay for the cancelled service, but by no more than the total cancellation charge.
4.3 The Customer shall be at liberty to demonstrate that the above claim did not arise or not in the amount claimed.

4.4 If the Guest cancels a reservation late, he/she shall remain liable to pay for the entire stay. Cancellation deadlines and the associated payment terms shall refer to the booked arrival date as per the booking confirmation. In such a case, McDreams can rent the room to someone else.

3. a) The same shall apply if the Guest has not checked in by 3.00 a.m. on the day following the day of arrival (“no show”). The Guest must also pay the accommodation price as stated in the booking confirmation in this case.
4. b) Cancellation of the Hotel Accommodation Contract by the Guest shall only be possible if the Guest has not yet completed check-in and not yet activated the digital room key.

5 WITHDRAWAL BY THE HOTEL
5.1 Insofar as it was agreed that the Customer can withdraw from the contract at no cost within a certain period of time, the Hotel has, for its part, the right to withdraw from the contract during this period of time if enquiries from other customers regarding the contractually reserved rooms exist and if the Customer, upon enquiry thereof by the Hotel with a reasonable deadline set, does not waive his/her right of withdrawal.
5.2 The Hotel is also entitled to withdraw from the contract if an advance payment or a security deposit agreed or demanded pursuant to clause 3.6 and/or clause 3.7 is not made even after a reasonable grace period set by the Hotel has expired.
5.3 Moreover, the Hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if
force majeure or other circumstances beyond the Hotel’s control render the fulfilment of the contract impossible;
rooms or spaces are booked by providing misleading or false information or by withholding material facts, e.g. concerning the identity or solvency of the Customer or the purpose of his/her stay;
the Hotel has justified reasons to assume that the use of the services may jeopardize the smooth running of the Hotel’s operations, its safety or its public reputation, without this being attributable to the Hotel’s power of control or organizational remit;
the purpose or the cause of the stay is illegal;
there is a breach of the above clause 1.2.
5.4 Justified withdrawal from the contract by the Hotel does not give the Customer any right to claim damages.

6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The Customer does not acquire the right to be given specific rooms insofar as this has not been expressly agreed.
6.2 Booked rooms shall be available to the Customer from 3:00 p.m. on the agreed day of arrival. Unless agreed otherwise, the Hotel is entitled to allocate booked rooms to other guests after 6:00 p.m. without the Customer being able to derive any rights or claims from this.
6.3 On the agreed departure date, rooms shall be vacated and made available to the Hotel by 11:00 a.m. at the latest. After that time, the Hotel may charge the full accommodation price (list price) for use exceeding the contractually agreed time on the grounds of late vacating of the room. The Customer shall be at liberty to prove that the Hotel has no or a considerably lower claim to a usage fee.
6.4. It is prohibited to resell/sub-let and/or pass on booked rooms to third parties. In particular, it is not permitted to pass on rooms and/or room contingents to third parties at higher prices than the actual room rates. It is likewise not permitted to assign or sell any claim against McDreams Hotel. In such cases, McDreams is entitled to cancel the booking, especially if the Guest has made untrue statements about the nature of the booking or payment to third parties in case of assignment/sale. Use of the hotel room for a purpose other than that of accommodation is expressly prohibited.

6a HOUSE RULES
Please note that our House Rules (PDF download) are part of the general Terms and Conditions.

7 SECURITY RIGHT
7.1 For the innkeeper’s claims for providing living space and other services to satisfy the needs of the Guest, including the innkeeper’s expenditures, the innkeeper has a security right over the things brought in by the Guest (Section 704 of the German Civil Code [BGB]).

8 LIABILITY OF THE HOTEL
8.1 The Hotel shall be liable for any damage for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for any other damage resulting from an intentional or grossly negligent breach of duty by the Hotel or from an intentional or negligent violation of typical contractual obligations on the part of the Hotel. A breach of duty on the part the Hotel is deemed to be the equivalent to that of a statutory representative or vicarious agent. All other claims for damages shall be excluded unless stipulated otherwise in this clause 8. Should disruptions or deficiencies occur in the Hotel’s services, the Hotel shall, upon becoming aware of these or in the case of immediate complaint by the Customer, make every effort to rectify them. The Customer undertakes to do whatever can be reasonably expected in order to help resolve the disruption and keep damage to a minimum.
8.2 The Hotel shall be liable in accordance with the statutory provisions for items brought in by the Customer. If the Guest wishes to bring onto the premises cash, securities, stocks, bonds or valuables with a value of more than EUR 800 or other things with a value of more than EUR 3,500, a separate safekeeping agreement has to be signed with the Hotel.

8.3 Lost items

1. a) Documentation and storage

Found items shall be documented thoroughly and stored securely by us. Lost items shall be held for a storage period of no more than six months. After this period, we reserve the right to dispose of the lost items in an appropriate manner or utilize them otherwise.

1. b) Exclusion of liability
   We assume no liability or guarantee for lost items. In particular, we cannot accept any responsibility if guests claim to have lost an item at our hotel but we have been unable to find it. The decision on the existence of lost property shall be based solely on our documentation.
2. c) Return
   Guests may collect lost items within the storage period upon presentation of appropriate proof. Shipping of lost items shall only be arranged on request and exclusively at the recipient’s cost and risk.

8.4 Insofar as a parking space is provided to the Customer in the hotel car park or parking lot, this shall not constitute a safekeeping agreement, even if a fee is charged. If motor vehicles parked or manoeuvred on the Hotel’s premises or the contents thereof are lost or damaged, the Hotel shall only be liable in accordance with the above clause 8.1, sentences 1 to 4.
8.5 Messages, mail and merchandise deliveries cannot be accepted in person and no liability shall be accepted for such. The Hotel shall only be liable in accordance with the above clause 8.1, sentences 1 to 4.

9 FINAL PROVISIONS
9.1 Amendments and additions to the contract, to the acceptance of offers or to these Terms and Conditions shall be made in writing. Unilateral amendments or additions by the Customer shall be invalid.
9.2 The place of performance and payment as well as the exclusive place of jurisdiction – including for cheque and exchange disputes – for commercial transactions is that of McDreams Hotel Feldkirchen GmbH. Insofar as a contracting party fulfils the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no standard place of jurisdiction in the country, Munich is deemed the place of jurisdiction.
9.3 German law shall be applied. Application of the UN Contract for the International Sale of Goods and of the conflict of laws principles shall be excluded.
9.4 Should individual provisions of these Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected. In addition, the legal provisions shall apply.