AGB
1. scope of application
1.1 These Terms and Conditions of Business apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and supplies provided by the hotel to the customer in this connection (hotel accommodation contract). The term "hotel accommodation agreement" includes and replaces the following terms: Accommodation-, guest accommodation-, hotel-, hotel room agreement.
1.2 Subletting or subletting of the rooms provided as well as their use for purposes other than lodging shall require the prior consent of the Hotel in text form, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) is waived, unless the customer is a consumer.
1.3 The General Terms and Conditions of CB Freiham Operations GmbH shall apply upon reservation at the Hotel or upon sending of the reservation confirmation.
2. conclusion of contract, -partner, statute of limitations
2.1 The contracting parties are the hotel and the customer. The contract shall come into effect upon acceptance of the customer's application by the hotel. The Hotel is free to confirm the room reservation in text form.
2.2 All claims against the Hotel shall become statute-barred after one year from the start of the statutory limitation period. Claims for damages shall become statute-barred after five years, depending on knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on a wilful or grossly negligent breach of duty by the hotel.
3. services, prices, payment, offsetting
3.1 The Hotel is obliged to keep the rooms booked by the Customer ready and to provide the agreed services.
3.2 The customer is obligated to pay the Hotel's agreed or applicable prices for the room and the other services used by the customer. This shall also apply to services commissioned 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 charges which are owed by the guest himself according to the respective local law, such as visitor's tax. In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfilment of the contract exceeds four months. 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 an increase in the price for the rooms and/or for the hotel's other services.
3.4 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel is entitled to charge the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
3.5 Upon conclusion of the contract, the Hotel is entitled to demand a reasonable advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or securities for package tours, the statutory provisions shall remain unaffected.
3.6 In justified cases, for example if the customer is in arrears with payments 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 security deposit within the meaning of the above Clause 3.6 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.7 The Hotel is further entitled, at the beginning and during the stay, 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, insofar as such has not already been made in accordance with Clause 3.6 and/or Clause 3.7 above.
3.8 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the Hotel.
4. rescission by the customer (cancellation) / non-use of the hotel's services (NO SHOW)
4.1 The customer may withdraw from the contract concluded with the Hotel only if a right of withdrawal has been expressly agreed in the contract, another legal right of withdrawal exists or if the Hotel expressly consents to the cancellation of the contract. The agreement on a right of rescission and any consent to a cancellation of the contract shall be made in writing
4.2 Insofar as the Hotel and the customer have agreed on a date for free withdrawal from the contract, the customer may withdraw from the contract until that date without incurring payment or damage compensation claims by the Hotel. The customer's right of rescission expires if he does not exercise his right of rescission vis-à-vis the hotel by the agreed date. If a right of rescission has not been agreed or has already expired, there is also no statutory right of rescission or termination, and if the Hotel does not agree to a cancellation of the contract, the Hotel shall retain the claim to the agreed remuneration despite not using the service.
The Hotel shall credit the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented out to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obligated to pay at least 90 % of the contractually agreed price for overnight accommodation. For large events and trade fairs, 100% of the contractually agreed price for overnight stays will be charged.
The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the full amount demanded.
5. cancellation of the hotel
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the Hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his or her right to withdraw at the Hotel's request with a reasonable notice period.
5.2 If an advance payment or security deposit agreed upon or requested in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the Hotel has expired, the Hotel shall also be entitled to rescind the contract.
5.3 Furthermore, the Hotel shall be entitled to extraordinarily rescind the contract for objectively justified reasons, in particular if force majeure or other circumstances for which the Hotel is not responsible make performance of the contract impossible; rooms or spaces are culpably booked with misleading or false information or with concealment of material facts; the identity of the customer, solvency or the purpose of the stay may also be material; the hotel has reasonable cause to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the public reputation of the hotel, without this being attributable to the control or organizational area of its own hotel; the purpose or occasion of the stay is unlawful; - there is a violation of the above-mentioned Item 1.2.
5.4 The Hotel's rescission of the contract shall not give rise to any claim by the customer for damages
6. room provision, handover and return
6.1 The customer does not acquire a claim to the provision of specific rooms unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 15:00 hours on the agreed day of arrival. The customer is not entitled to earlier availability of the rooms.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the Hotel no later than 11:00 a.m. After that time, the Hotel may charge 50% of the full accommodation price for use of the room in excess of the contractually agreed use until 6:00 p.m. due to the delayed vacating of the room, and after 6:00 p.m. 90 % of the full accommodation price.
Contractual claims of the customer shall not be justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
7. liability of the hotel
7.1 The Hotel shall be liable for any damage to life, body or health for which it is responsible. Furthermore, it shall be liable for other damage caused by a wilful or grossly negligent breach of duty on the part of the Hotel or by a wilful or negligent breach of typical contractual duties on the part of the Hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Item 7.
Should disruptions or defects in the services of the hotel occur, the hotel will endeavor to remedy such upon knowledge thereof or upon immediate notification of the customer.
The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.
7.2 The Hotel shall be liable to the customer for items brought in in accordance with the statutory provisions. The Hotel insists on the use of the hotel or room safe.
7.3 Insofar as the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even against payment, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.
8. final provisions
8.1 Amendments and supplements to the contract, the acceptance of applications or these General Terms and Conditions of Business shall be made in text form. Unilateral amendments or additions by the customer are invalid.
8.2 Place of performance and payment and exclusive place of jurisdiction is Munich.
If a contractual partner fulfils the requirements of § 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, Munich shall always be the place of jurisdiction.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.
General Terms and Conditions for Events (AGBV) of CB Freiham Operations GmbH
1. scope of application
1.1 These Terms and Conditions apply to contracts for the rental of conference and event rooms of the Hotel for the purpose of holding events as well as to all other services and supplies of the Hotel provided to the customer in this connection
1.2 Subletting or subletting of the rooms, areas or showcases provided as well as invitations to job interviews, sales or similar events require the prior consent of the Hotel in text form, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) is waived insofar as the Customer is not a consumer.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.
2. conclusion of contract, -partner, liability, statute of limitations
2.1 The contracting parties are the hotel and the customer. The contract shall come into effect upon acceptance of the customer's application by the hotel. The Hotel is free to confirm the booking of the event in text form.
2.2 The Hotel shall be liable for any damage to life, body or health for which it is responsible. Furthermore, it shall be liable for other damage caused by a wilful or grossly negligent breach of duty on the part of the Hotel or by a wilful or negligent breach of typical contractual duties on the part of the Hotel. A breach of duty on the part of the hotel is equivalent to that of a legal representative or vicarious agent.
Further claims for damages are excluded, unless otherwise provided for in Item 9. Should disruptions or defects in the services of the hotel occur, the hotel will endeavor to remedy such upon knowledge thereof or upon immediate notification of the customer.
The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage. In all other respects, the customer is obligated to notify the hotel in a timely manner of the possibility of exceptionally high damages.
2.3 All claims against the Hotel shall become statute-barred after one year from the start of the statutory limitation period. Claims for damages shall become statute-barred after five years, depending on knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on a wilful or grossly negligent breach of duty by the hotel.
3. services, prices, payment, offsetting
3.1 The Hotel shall be obliged to provide the services ordered by the Customer and promised by the Hotel.
3.2 The customer is obligated to pay the Hotel's agreed or applicable prices for these and other services used. This shall also apply to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. In particular, this shall also apply to claims of copyright collecting societies.
3.3 The agreed prices are inclusive of the taxes applicable at the time of conclusion of the contract. In the event of changes in the statutory value-added tax or the introduction, amendment or abolition of local levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and performance of the contract exceeds four months.
3.4 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel is entitled to charge the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate.
3.5 Upon conclusion of the contract, the Hotel is entitled to demand a reasonable advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form.
3.6 In justified cases, for example if the customer is in arrears with payments or if the scope of the contract is extended, the Hotel shall be entitled, even after conclusion of the contract and up to the start of the event, to demand an advance payment or provision of security within the meaning of Clause 3.5 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
3.7 The customer may only offset or set off an undisputed or legally valid claim against a claim of the Hotel. Withdrawal by the customer (cancellation, rescission)
3.8 Ein Rücktritt des Kunden von dem mit dem Hotel geschlossenen Vertrag ist nur möglich, wenn ein Rücktrittsrecht im Vertrag ausdrücklich vereinbart wurde, ein sonstiges gesetzliches Rücktrittsrecht besteht oder wenn das Hotel der Vertragsaufhebung ausdrücklich zustimmt. Die Vereinbarung eines Rücktrittsrechtes sowie die etwaige Zustimmung zu einer Vertragsaufhebung sollen jeweils in Textform erfolgen.
3.9 To the extent that the Hotel and the customer have agreed on a date for free withdrawal from the contract, the customer may withdraw from the contract until that date without incurring payment or damage compensation claims by the Hotel. The customer's right of rescission expires if he does not exercise his right of rescission vis-à-vis the hotel by the agreed date.
3.10 If a right of rescission has not been agreed or has already expired, there is also no statutory right of rescission or termination, and if the Hotel does not agree to rescind the contract, the Hotel shall retain the claim to the agreed remuneration despite not having used the service. The hotel shall offset the income from renting the rooms to other parties and the expenses saved. The expenses saved in each case may be offset as a lump sum in accordance with Sections 4.4, 4.5 and 4.6. The customer is free to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.
3.11 If the Customer withdraws before the date of the event, the Hotel shall be entitled to charge 90 % of the sum in accordance with the valid event offer, which shall then be taken as the basis.
4. cancellation of the hotel
4.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the Hotel is entitled for its part to simply withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked conference room and the customer does not waive his right to withdraw at the Hotel's request, setting a reasonable deadline.
4.2 If an advance payment or security deposit agreed upon or requested in accordance with Clause 3.5 and/or Clause 3.6 is not made even after a reasonable grace period set by the Hotel has expired, the Hotel shall also be entitled to rescind the contract.
4.3 Furthermore, the Hotel shall be entitled to extraordinarily rescind the contract for objectively justified reasons, in particular if Force majeure or other circumstances beyond the Hotel's control make it impossible to fulfill the contract. Events or rooms are culpably booked under false or misleading statements or withholding of material facts; material facts may include the identity of the Customer, the Customer's solvency or the purpose of the stay; the Hotel has reasonable cause to believe that the event may jeopardize the smooth operation of the business, the security or the public reputation of the Hotel without this being attributable to the Hotel's sphere of control or organization; the purpose or occasion of the event is unlawful; a violation of Clause 1.2 has occurred.
4.4 The justified rescission by the Hotel shall not give rise to any claim by the customer for damages.
5. changes in the number of participants and the time of the event
5.1 Any increase in the number of participants by more than 5 % must be notified to the Hotel no later than five working days before the event begins; such notification shall require the Hotel's consent, which shall be given in text form. The invoice shall be based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer shall be entitled to reduce the agreed price by the additional expenses saved due to the lower number of participants.
5.2 The Hotel shall be notified in good time, no later than five working days before the event begins, of any reduction in the number of participants by more than 5%. The invoice shall be based on the actual number of participants, but at least 95% of the number of participants finally agreed. Section 6.1 sentence 3 shall apply accordingly.
5.3 If the number of participants is reduced by more than 10%, the Hotel shall be entitled to exchange the confirmed rooms, taking into account any different room rent, unless this is unreasonable for the Customer.
5.4 If the agreed start or end times of the event are postponed and if the Hotel agrees to such postponement, the Hotel may reasonably charge for the additional services rendered, unless the Hotel is at fault.
5.5 Bringing food and drinks. The customer may not bring food and beverages to events. Exceptions require an agreement with the hotel. In such cases, a contribution to cover overheads shall be charged.
6. technical equipment and connections
6.1 Insofar as the Hotel procures technical and other equipment from third parties for the customer at the customer's instigation, it shall act in the name, on behalf and for the account of the customer. The customer shall be liable for careful handling and proper return. The customer shall indemnify the hotel against all claims of third parties arising from the provision of such equipment.
6.2 The use of the Customer's own electrical equipment using the Hotel's power supply system requires the Hotel's consent. Any malfunctions or damage to the Hotel's technical equipment resulting from the use of such equipment shall be borne by the Customer, unless the Hotel is responsible for such malfunctions or damage. The Hotel may record and charge the electricity costs incurred by such use on a flat-rate basis.
6.3 With the Hotel's consent the customer is entitled to use its own telephone, fax and data transmission facilities. The Hotel may charge a connection fee for this.
6.4 If suitable Hotel facilities remain unused due to the connection of the Customer's own facilities, a cancellation fee may be charged.
6.5 Faults in technical or other equipment provided by the Hotel shall be remedied immediately if possible. Payments may not be withheld or reduced if the Hotel is not responsible for such disruptions.
7. loss or damage of items brought along
7.1 Any exhibition or other, even personal, items brought along by the Customer shall be located in the event rooms or in the Hotel at the Customer's risk. The Hotel assumes no liability for loss, destruction or damage, including financial losses, except in cases of gross negligence or intent on the part of the Hotel. This does not include damages resulting from injury to life, body or health. Furthermore, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
7.2 Decorative material brought along must comply with the fire protection requirements. The Hotel is entitled to demand official proof of this. If such proof is not provided, the Hotel shall be entitled to remove any material already brought in at the Customer's expense. Due to possible damage, the installation and attachment of items must be agreed with the hotel in advance.
Any exhibition or other objects brought in must be removed immediately after the end of the event. If the Customer fails to do so, the Hotel may remove and store such items at the Customer's expense. If the objects remain in the event room, the Hotel may charge reasonable compensation for use of the room for the duration of the withholding.
8. liability of the customer for damages
8.1 If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
8.2 The Hotel may require the customer to provide reasonable security, for example in the form of a credit card guarantee.
9. final provisions
9.1 Amendments and supplements to the contract, the acceptance of applications or these General Terms and Conditions of Business shall be made in text form. Unilateral amendments or additions by the customer are invalid
9.2 Place of performance and payment as well as exclusive place of jurisdiction - in commercial transactions is 80333 Munich. If a contractual partner fulfils the requirements of § 38 Paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be 80333 Munich.
9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
9.4 Should individual provisions of these General Terms and Conditions for Events be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.
Parking conditions for parking garages and hotel parking spaces (AGBP)
1. rental contract
1.1 Upon acceptance of the parking ticket and/or upon entering the parking garage or the hotel parking lot (hereinafter referred to as the "parking area"), a rental agreement is concluded between the hotel and the lessee for the parking time requested by the lessee within the opening hours according to these terms and conditions.
1.2 Neither guarding nor safekeeping are the subject of this contract. The Hotel shall not assume any custody or special care obligations for the items brought in by the Lessee!
2. terms of use
2.1 The lessee shall be obliged to exercise the care required in traffic. In particular, the special traffic rules and safety regulations installed in the parking area must be observed. Instructions of the hotel staff that serve the purpose of safety or concern the house rules must always be followed immediately. In all other respects the provisions of the StVO apply accordingly.
2.2 Vehicles may only be parked within the marked parking spaces, but not on the parking spaces that are reserved for permanent users by means of signs. The Hotel is entitled to take suitable measures to move or have moved vehicles parked in an incorrect manner at the Lessee's expense. The hotel may charge a lump sum for this; in this case the lessee may prove that the costs did not arise or are considerably lower than the lump sum.
2.3 The Hotel is also entitled to remove the Lessee's vehicle from the parking area in case of imminent danger.
2.4 It is recommended that each Hirer always carefully locks his vehicle after leaving it and does not leave any valuables behind.
2.5 The opening hours can be found on the corresponding posters.
3. safety and order regulations
3.1 In the parking area you may only drive at walking speed.
3.2 In the parking area are not allowed: smoking and the use of fire, the storage of operating materials, operating material containers and inflammable objects, the unnecessary running of engines, parking of vehicles with leaking tank or carburetor, the refuelling, repairing, washing, interior cleaning of vehicles, the draining of cooling water, operating materials or oils,the distribution of advertising material.
3.3 Staying in the parking area is only permitted for the purpose of parking, loading and unloading, as well as the collection of vehicles.
3.4 The lessee shall immediately remove any contamination caused by him