TERMS AND CONDITIONS

1. Scope
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and 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, guest accommodation, hotel, hotel room contract.

1.2 The sub-letting or sub-letting of the rooms provided and their use for purposes other than accommodation requires the prior consent of the hotel in writing, subject to Section 540 paragraph 1 sentence 2 BGB, provided that the customer is not a consumer.

1.3 The general terms and conditions of MY HOME München GmbH & Co KG apply when you make a reservation at the hotel or when you send the reservation confirmation.

2. Conclusion of contract, partner, statute of limitations
2.1 The contract partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the room booking in text form.

2.2 All claims against the hotel generally expire one year from the start of the legal limitation period. Compensation claims expire after five years, depending on knowledge, unless they are based on injury to life, limb, health or freedom. These compensation claims expire after ten years regardless of knowledge. The limitations do not apply to claims based on an intentional 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 obliged to pay the agreed or applicable hotel prices for the provision of rooms and the other services used by him. This also applies 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 taxes and local charges applicable at the time the contract is concluded. It does not include local taxes that are owed by the guest himself in accordance with the respective local law, such as tourist tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local taxes on the subject of the service after conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of contract and performance of the contract exceeds four months. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the service provided by the hotel or the length of stay of the customer subject to an increase in the price of the rooms and/or for the other services provided by the hotel.

3.4 Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel can demand immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, of 5% above the base interest rate. The hotel reserves the right to prove higher damage.

3.5 When concluding the contract, the hotel is entitled to request an appropriate 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 can be agreed in text form in the contract. In the case of advance payments or security deposits for package holidays, the legal provisions remain unaffected.

3.6 In justified cases, such as payment arrears by the customer or extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit in accordance with Section 3.6 above or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.

3.7 The hotel is also entitled to demand an appropriate advance payment or security deposit from the customer at the beginning and during the stay in accordance with Section 3.6 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Section 3.6 and/or Section 3.7 above.

3.8 The customer can only offset or offset an undisputed or legally binding claim against a claim from the hotel.

4. Withdrawal by the customer (cancellation, cancellation)/failure to use the hotel services (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if there is another legal right of withdrawal or if the hotel expressly agrees to the cancellation of the contract. The agreement on a right of withdrawal and any consent to a cancellation of the contract should be made in writing.

4.2 If an appointment has been made between the hotel and the customer to withdraw from the contract free of charge, the customer may withdraw from the contract until then without triggering payment or compensation claims from the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.  If a right of withdrawal has not been agreed or has already expired, there is also no legal right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel remains entitled to the agreed remuneration despite failure to use the service. The hotel must offset the income from renting out the rooms to other parties and the expenses saved. If the rooms are not rented out elsewhere, the hotel can lump sum the deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation. For major events and trade fairs, 100% of the contractually agreed price is charged for overnight stays. The customer is free to prove that the above claim did not arise or did not arise in full.

5. Withdrawal by the hotel
5.1 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 in turn entitled 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 right to withdraw upon inquiry from the hotel with a reasonable deadline.

5.2 If an advance payment or security deposit agreed or required in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable period of grace set by the hotel has elapsed, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, in particular if

Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
rooms or rooms are culpably booked with misleading or false information or concealment of essential facts; the identity of the customer, the ability to pay or the purpose of the stay may also be essential;
the hotel has reasonable cause to believe that the use of the service may jeopardize the smooth operation, security or public reputation of the hotel without this being attributable to the control or organization of its own hotel;
the purpose or reason of the stay is unlawful; — there is a violation of the above-mentioned section 1.2.

5.4 The hotel's withdrawal from the contract does not give rise to any claim by the customer for compensation.

6. Room provision, handover and return
6.1 The customer is not entitled to the provision of specific rooms unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to an earlier provision 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, due to the late vacation of the room, the hotel may charge 50% of the full lodging price for its use across the contract by 18:00 and then 90% of the full accommodation price after 18:00 hours. This does not justify the customer's contractual claims. He is free to prove that the hotel has no or significantly lower claim to a usage fee.

7. Liability of the hotel
7.1 The hotel is liable for damage due to injury to life, limb or health for which it is responsible. It is also liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by 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 Section 7. Should faults or deficiencies occur in the hotel's services, the hotel will endeavour to remedy the situation upon becoming aware of or immediately complaining from the customer. The customer is obliged to do what is reasonable to rectify the fault and to keep potential damage to a minimum.

7.2 The hotel is liable to the customer for items brought in in in in in accordance with legal provisions. The hotel insists on the use of the hotel or room safe.

7.3 Insofar as a parking space is made available to the customer in the hotel garage or in the hotel parking lot, even for a fee, no custody contract is concluded as a result. If motor vehicles parked or shunted on the hotel property and their contents are lost or damaged, the hotel is only liable in accordance with the above section 7.1, sentences 1 to 4.

8. Final provisions
8.1 Amendments and additions to the contract, application acceptance or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are ineffective.

8.2 The place of fulfilment and payment as well as the exclusive place of jurisdiction is Munich. If a contractual partner meets the requirements of Section 38 paragraph 2 of the Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction is always Munich.

8.3 German law applies. The application of UN sales law and conflict of law rules is excluded.

8.4 Should individual provisions of these general terms and conditions be or become invalid or void, this shall not affect the effectiveness of the remaining provisions. In all other respects, the legal regulations apply.

Terms and conditions for events (AGBV) of MyHome GmbH & Co. KG

1. Scope
1.1 These terms and conditions apply to contracts for the rental of hotel conference and event rooms to hold events and to all other services and supplies provided by the hotel to the customer in this context.

1.2 The sub-letting or re-letting of the provided rooms, spaces or showcases as well as the invitation to job interviews, sales or similar events require the prior consent of the hotel in writing, with Section 540 (1) sentence 2 BGB being waived, provided that the customer is not a consumer.

1.3 The customer's general terms and conditions only apply if this has been expressly agreed in advance.

2. Conclusion of contract, partners, liability, statute of limitations
2.1 The contract partners are the hotel and the customer. The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the booking of the event in text form.

2.2 The hotel is liable for damage due to injury to life, limb or health for which it is responsible. It is also liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, unless otherwise provided for in Section 9, are excluded. Should faults or deficiencies occur in the hotel's services, the hotel will endeavour to remedy the situation upon becoming aware of or immediately complaining from the customer. The customer is obliged to do what is reasonable to rectify the fault and to keep potential damage to a minimum. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage occurring.

2.3 All claims against the hotel generally expire one year from the start of the legal limitation period. Compensation claims expire after five years, depending on knowledge, unless they are based on injury to life, limb, health or freedom. These compensation claims expire after ten years regardless of knowledge. The limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3. Services, prices, payment, offsetting
3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

3.2 The customer is obliged to pay the agreed or applicable hotel prices for these and other services used. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. In particular, this also applies to claims from copyright collecting societies.

3.3 The agreed prices include the taxes applicable at the time the contract is concluded. In the event of changes in the statutory value added tax or the introduction, amendment or abolition of local taxes on the subject of the service after conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months.

3.4 Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel can demand immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, of 5% above the base interest rate.

3.5 When concluding the contract, the hotel is entitled to request an appropriate 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 can be agreed in text form in the contract.

3.6 In justified cases, such as payment arrears by the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract, to demand an advance payment or security deposit in accordance with Section 3.5 above or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.

3.7 The customer can only offset or offset an undisputed or legally binding claim against a claim from the hotel. Withdrawal by the customer (cancellation, cancellation)

3.8 Withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, if there is another legal right of withdrawal or if the hotel expressly agrees to the cancellation of the contract. The agreement on a right of withdrawal and any consent to a cancellation of the contract should be made in writing.

3.9 If an appointment has been made between the hotel and the customer to withdraw from the contract free of charge, the customer may withdraw from the contract until then without triggering payment or compensation claims from the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.

3.10 If a right of withdrawal has not been agreed or has already expired, there is also no legal right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel remains entitled to the agreed remuneration despite failure to use the service. The hotel must offset the income from renting out the rooms to other parties and the expenses saved. The expenses saved in each case can be set 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 required amount. The hotel is free to prove that a higher claim has arisen.

3.11 If the customer withdraws before the date of the event, the hotel is entitled to charge 90% of the sum according to the valid event offer, which is then used as a basis.

4. Withdrawal by 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 in turn entitled to simply withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked meeting room and the customer does not waive his right to withdraw upon request from the hotel, with a reasonable deadline.

4.2 If an advance payment or security deposit agreed or required in accordance with Section 3.5 and/or Section 3.6 is not made even after a reasonable period of grace set by the hotel has elapsed, the hotel is also entitled to withdraw from the contract.

4.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, in particular if

Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract.
events or rooms are culpably booked with misleading or false information or confusing material facts; the identity of the customer, the ability to pay or the purpose of the stay may be essential;
the hotel has reasonable cause to believe that the event may jeopardize the smooth operation, security or 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 illegal;
there is a violation of paragraph 1.2.

4.4 The justified cancellation by the hotel does not give rise to the customer's claim for compensation.

5. Changes in the number of participants and the time of the event
5.1 An increase in the number of participants of more than 5% must be notified to the hotel no later than five working days before the start of the event; this must be given in writing by the hotel. The billing is 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 has the right to reduce the agreed price by showing the additional expenses he has saved due to the lower number of participants.

5.2 A reduction in the number of participants by more than 5% should be notified to the hotel in good time, at the latest up to five working days before the start of the event. The billing is based on the actual number of participants, but at least 95% of the finally agreed number of participants. Section 6.1 sentence 3 applies mutatis mutandis.

5.3 If the number of participants is reduced by more than 10%, the hotel is entitled to exchange the confirmed rooms, taking into account any deviating room rental, unless this is unacceptable for the customer.

5.4 If the agreed start or closing times of the event are postponed and the hotel agrees to these deviations, the hotel may reasonably charge for the additional service, unless the hotel is at fault.  Bring food and drinks

5.5 The customer is generally not allowed to bring food and drinks to events. Exceptions require an agreement with the hotel. In these cases, a contribution will be charged to cover overheads.

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 request, it acts on behalf of, and for the account of the customer. The customer is responsible for careful treatment and proper return. He releases the hotel from all claims by third parties arising from the provision of these facilities.

6.2 The use of the customer's own electrical systems using the hotel's power grid requires the customer's consent. Malfunctions or damage to the hotel's technical equipment as a result of the use of these devices shall be borne by the customer, insofar as the hotel is not responsible for them. The hotel may record and calculate the electricity costs arising from the use as a flat rate.

6.3 With the hotel's consent, the customer is entitled to use their 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 default fee may be charged.

6.5 Where possible, faults in technical or other equipment provided by the hotel will be rectified immediately. Payments cannot be withheld or reduced unless the hotel is responsible for these disruptions.

7. Loss or damage to items brought along
7.1 Any exhibition or other items, including personal items, are 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 the event of gross negligence or intent on the part of the hotel. This does not include damage resulting from injury to life, limb or health. In addition, all cases in which custody is a typical contract obligation due to the circumstances of the individual case are excluded from this exemption from liability.

7.2 Decorative material brought along must meet fire protection requirements. The hotel is entitled to request official proof of this. If no such proof is provided, the hotel is entitled to remove material that has already been brought in at the customer's expense. Due to possible damage, the installation and installation of objects must be coordinated with the hotel in advance.  Any exhibition or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer's expense. If the objects remain in the event room, the hotel may charge an appropriate compensation for the duration of the withholding of the room.

8. Customer liability for damage
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 an appropriate security deposit, for example in the form of a credit card guarantee.

9. Final provisions
9.1 Amendments and additions to the contract, application acceptance or these general terms and conditions should be made in text form. Unilateral changes or additions made by the customer are ineffective.

9.2 Place of fulfilment and payment as well as exclusive place of jurisdiction — in commercial transactions is 80333 Munich. If a contractual partner meets the requirements of Section 38 paragraph 2 of the Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction is 80333 Munich.

9.3 German law applies. The application of UN sales law and conflict of law rules is excluded.

9.4 Should individual provisions of these general terms and conditions for events be or become invalid or void, this shall not affect the effectiveness of the remaining provisions. In all other respects, the legal regulations apply.

Parking conditions for parking garages and hotel parking spaces (AGBP)

1. Rental agreement
1.1 Upon acceptance of the parking ticket and/or by entering the parking garage or the HotelPark square (hereinafter: “parking area”), a rental agreement is concluded between the hotel and the tenant for the parking period desired by the tenant within opening hours in accordance with these parking conditions.

1.2 Neither guarding nor safekeeping are the subject of this contract. The hotel does not assume any custody or special duty of care for the items brought in by the tenant!

2. Terms of use
2.1 The tenant is obliged to comply with the care required in traffic. In particular, the special traffic rules and safety regulations in the parking area must be complied with. Instructions from hotel staff relating to security or house law must always be followed immediately. In addition, the provisions of the StVO apply accordingly.

2.2 Vehicles may only be parked within the marked parking spaces, but not in parking spaces reserved for permanent users by signs. The hotel is entitled to take appropriate measures to move or have faulty parked vehicles converted at the renter's expense. The hotel may charge a flat rate for this; in this case, the tenant can prove that the costs have not been incurred or are significantly lower than the flat rate.

2.3 The hotel is also entitled to remove the renter's vehicle from the parking area in the event of imminent danger.

2.4 Every renter is recommended to always carefully lock their vehicle after leaving and not to leave any valuables behind.

2.5 The opening times can be found on the corresponding notices.

3. Safety and regulatory requirements
3.1 You may only drive at walking pace in the parking area.

3.2 The following are not permitted in the parking area:

smoking and the use of fire,
the storage of operating materials, fuel containers and flammable objects,
letting engines run unnecessarily,
parking vehicles with a leaky tank or carburettor,
refueling, repairing, washing, interior cleaning of vehicles,
draining cooling water, operating fluids or oils,
the distribution of promotional material.

3.3 Staying in the parking area is only permitted for the purpose of parking, loading, unloading and picking up vehicles.

3.4 The tenant must immediately remove any contamination caused by him.