GENERAL TERMS & CONDITIONS
1. SCOPE OF APPLICATION
- These terms and conditions apply to contracts for the rental of hotel rooms for accommodation concluded between Cocoon München GmbH (The hotel) as the operating company of Cocoon Hotels in Germany and third parties, as well as to all other services and supplies provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract.
- The subletting or further letting of the rooms provided as well as the use for purposes other than accommodation require the prior written consent of the hotel, where Section 540 (1, 2) of the German Civil Code is waived, where the client is not a consumer.
- Terms and conditions of the client only apply if expressly agreed.
2. ENTERING INTO THE CONTRACT, CONTRACTUAL PARTNERS, LIMITATION
- The contractual partners are the hotel and the client. The contract enters into effect by the offer by the client being accepted by the hotel. The hotel is free to confirm the room booking in writing.
- All claims against the hotel are invariably time-barred one year as of the statutory limitation period. Claims for compensation expire as of five years of their notification, unless they involve injury to life or limb or a breach of freedom. These claims for compensation expire in ten years regardless of when they were notified. Curtailments to limitation do not apply in the event of claims relating to intentional or grossly negligent breaches by the hotel.
3. SERVICES, PRICES, PAYMENT, OFFSETTING
- The hotel is obliged to prepare the rooms booked by the client and provide the agreed services.
- The client is obliged to pay the prices of the hotel agreed or applicable for making the room available and for the services used by it. This also applies to services commissioned directly by the client or via the hotel that are provided by third parties and paid for by the hotel.
- The agreed prices include taxes and local levies applicable at the time of entering into the contract. This does not include local taxes paid by the guests themselves in accordance with local laws, such as ‘Visitor’s Tax’. Prices are adjusted accordingly in the event of local taxes on the object of performance being introduced, amended or abolished after the contract has been entered into. With contracts with consumers, this only applies if the period between entering into the contract and performance exceeds four months.
- The hotel is entitled to make its consent to a subsequent reduction in the number of rooms booked, service by the hotel, or the length of stay by the client requested by the client conditional on the price for the rooms and/or other hotel services increasing.
- Hotel invoices without a payment date are to be paid within ten days as of receipt of the invoice without discount. The hotel is entitled to demand the immediate payment of receivables due at any time from the client. In the event of payment arrears, the hotel is entitled to demand he applicable statutory arrears interest of currently 8 % or, as may apply with legal transactions involving a consumer, of 5 % above the base rate. The hotel reserves the right to provided evidence of a lower loss.
- When the client enters into the contract, the hotel is entitled to demand an appropriate payment in advance or deposit, for example in the form of a credit card guarantee. The amount of the payment in advance and the payment terms can be agreed in writing in the contact. Statutory provisions remain unaffected in the event of payments in advance or deposits for package tours.
- In justified cases, for example client payment arrears or enhanced contractual scope, the hotel is entitled to demand, even after the contract has been entered into, a payment in advance or a deposit in the sense of Clause 3.6 above or an increase in the payment in advance or the deposit agreed in the contract up to the full payment agreed by the start of the stay.
- The hotel is also entitled to demand an appropriate payment in advance or deposit in the sense of Clause 3.6 above at the start of and during the client’s stay for existing and future receivables under the contract where such a one has not already been made in accordance with Clauses 3.6 and/or 3.7 above.
- The client is only able to offset or charge against an undisputed or legally binding claim by the hotel.
4. WITHDRAWAL BY THE CLIENT (CANCELLATION, ANNULMENT) / FAILING TO USE THE HOTEL’S SERVICES (NO SHOW)
- Withdrawal by the client from the contract entered into with the hotel is possible within the first six hours after booking, or if a right to withdrawal has been expressly agreed in the contract, a separate right of withdrawal exists, or if the hotel has expressly consented to cancel the contract. Any agreement to a right to withdrawal as well as any consent to cancel the contract is to be in writing.
- Where a deadline has been agreed between the hotel and the client for free withdrawal from the contract, the client is entitled to withdraw from the contact up to this date without triggering claims for payment or compensation by the hotel. The client’s right to withdraw expires if it fails to exercise this right against the hotel by the agreed deadline.
- Where a right to withdrawal is not agreed or it has already expired, and there is also no statutory right to withdrawal or termination and the hotel does not consent to the contract being cancelled, the hotel reserves the right to claim the agreed payment despite the service not being used. The hotel is to charge the income from otherwise letting the room as well as saved expenses. Where the rooms are not otherwise let, the hotel is entitled the hotel is entitled to estimate the deduction for saved expenses. In this case, the client shall pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with external services, 70% for half-board, and 60% for full-board arrangements. The client is entitled to provide evidence that the aforementioned claim has not arisen or not to the amount claimed.
5. WITHDRAWAL BY THE HOTEL
- Where the client being able to withdraw at no charge from the contract within a specific period has been agreed, for its part the hotel is entitled to withdraw from this contract within this period if there are enquiries by other clients for the contractually booked rooms and the client, on enquiry by the hotel, does not waive its right to withdrawal where an appropriate period is set.
- Where a payment in advance or deposit agreed or demanded in accordance with Clause 3.6 and 3.7has also not been paid following lapsing of an appropriate grace period set by the hotel, then the hotel is also entitled to withdraw from the contract.
- In addition, the hotel is entitled to extraordinary withdrawal from the contract for an objectively justified reason, in particular if:
- Force majeure or other circumstances beyond the control of the hotel make performance of the contract impossible;
- Rooms or premises are purposely booked under misleading or false details or the concealment of significant facts. Significant facts here may be the client’s identity, the ability to pay, or the purpose of the stay;
- There is cause for the hotel to assume that use of the service may jeopardise the smooth running, safety or reputation of the hotel for the public, without being attributed to the sphere of control or organisation of the hotel.
- The purpose or reason for the stay is unlawful;
- There is a breach of Clause 1.2 above.
- Justified withdrawal by the hotel gives no claim for compensation by the client.
6. PROVISION, HANDOVER AND RETURN OF ROOMS
- The client acquires no entitlement to specific rooms being provided unless expressly agreed.
- Rooms booked are available to the client as of 15:00 on the agreed day of arrival. The client has no entitlement to earlier provision.
- On the day of departure, the rooms are to be vacated and made available by no later than 11:00. After this, the hotel is able to invoice 50% of the full room rate (list price) due to the late vacation of the room for it being used over and beyond the contract up to 18:00, and 90% as of 18:00. This does not justify contractual claims by the client. It is free to provide evidence that the hotel has incurred no or a significantly lower claim to a usage fee.
7. LIABILITY BY THE HOTEL
- The hotel is liable for losses that is responsible for due to injury to life or limb. In addition, it is liable for other losses due to an intentional or grossly negligent breach by the hotel or, as may apply, an intentional or negligent breach of typical contractual duties by the hotel. A breach by a statutory representative or vicarious agent equates to one by the hotel. Unless otherwise set out in Clause 7, ongoing claims for compensation are excluded. In the event of malfunctions or defects with performance by the hotel, it will endeavour to ensure its immediate remedy when made aware of or complained to without delay by the client. Where reasonable, the client shall contribute to remedying the malfunction and minimising potential losses.
- The hotel is liable towards the client in accordance with statutory provisions for items brought in. The hotel recommends use of the hotel or room safe. Where the guest would like to bring in cash, securities and valuables to a value of more than €800, or other items to a value of more than €3,500, a separate safeguarding agreement is required with the hotel.
- A parking place in the hotel garage or in the hotel car park, including for payment, being made available does not lead to a contract of safe custody. In the event of loss or damage to vehicles and their contents parked or kept in the hotel grounds, the hotel is only liable in accordance with Clause 7.1 (1 to 4) above.
- Wake-up services are performed by the hotel with the greatest of care. Messages, post and parcels for guests are handled with care. The hotel deals with their delivery, storage and, if requested, paid forwarding. In doing so, the hotel is only liable in accordance with Clause 7.1 (1 to 4) above.
8. CLOSING PROVISIONS
- Amendments and additions to the contract, the application acceptance or these Terms and Conditions are to be made in writing. Unilateral amendments or additions by the client have no effect.
- With commercial transactions, the place of performance and payment as well as sole jurisdiction, including for disputes revolving around cheques and bills of exchange, is Munich. Where a party to the contract meets the requirements of Section 38 (2) of the German Rules for Civil Procedure and has no general domestic jurisdiction, jurisdiction is regarded as with the courts for the Munich.
- Governing Law is that of Germany. Application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws does not apply.
- Individual provisions of these Terms & Conditions being or becoming invalid or void does not affect the validity of the remaining provisions. Otherwise, statutory provisions apply.