Terms and Conditions

General terms and conditions for room bookings at the Holiday Inn Munich-Unterhaching

I. Scope

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, including all other deliveries and services provided by the hotel for the customer.

2. The customer’s terms and conditions only apply if this has been agreed in writing beforehand.

II. Services

1. Both contractual partners undertake to provide the agreed content. Changes must be made in writing and confirmed by the hotel.

2. Reserved hotel rooms are available to the guest from 3:00 p.m. on the day of arrival until 11:00 a.m. on the day of departure. If you do not move into your room by 6:00 p.m. on the day of  arrival, the hotel can allocate the room to someone else. This does not apply if a guaranteed, later arrival has been expressly agreed.

3. The customer has no right to the provision of specific hotel rooms within a category.

III. Prices

1. The prices for the provision of services result from the respective contract. Unless prices have been agreed, the hotel’s official prices apply.

2. The contractually agreed prices include the statutory value added tax. If the statutory VAT rate increases in the period between the conclusion of the contract and the provision of the service, this will be passed on to the customer.

3. The prices can also be changed by the hotel in an appropriate amount if either the customer subsequently requests changes to the booked services (number of rooms, length of stay etc …) or there are at least six months between the conclusion of the contract and the provision of the service.

IV. Payment

1. Hotel invoices without a due date are payable within 14 days of the invoice date without deduction.

2. The hotel reserves the right to request advance payments in the amount to be determined by the hotel.

3. If and to the extent that advance payments have been agreed with the customer and the customer does not make them within a reasonable grace period set by the hotel with a threat of            rejection, the hotel is entitled to withdraw from the contract and to demand compensation for non-performance. For the assessment of the damage, Section V. 3 applies accordingly.

4. The customer can only offset claims of the hotel with legally established claims or to that extent exercise a right of retention.

V. Withdrawal / cancellation by the customer

1. The customer only has a total right of withdrawal free of charge if this has been agreed in the respective contract.

2. A free reduction of contractually agreed room units is only possible if a provision has been made in this regard in the respective contract.

3. If and as well as the customer does not make use of the booked room, the hotel must credit the proceeds from renting to other parties as well as any saved expenses as part of the calculation. The saved expenses are agreed with 10% of the room price.

VI. Resignation of the hotel

1. If the customer has been granted a total or partial cancellation right free of charge, this also applies to the hotel.

2. Furthermore, the hotel reserves the right to withdraw from the contract free of charge if:

– Force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible or unreasonably difficult for the hotel

– Rooms were booked with misleading or false information about essential facts (e.g. about the person of the customer or for the purpose of renting)

– the hotel has justified cause to believe that the use of the deliveries and services may endanger the smooth business operations or the security or reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization

– there is a violation of Clause X. 1. or Clause X. 2.

VII. Hotel liability

1. If there are defects in the hotel’s deliveries or services or the service is disrupted, the customer must report this immediately – in any case before departure – so that the hotel has the opportunity to remedy the situation within a reasonable period of time to create or to ensure that the deliveries and services are in accordance with the contract. The customer is obliged to do what is reasonable for him and to keep any damage as low as possible.

2. Acceptance, storage and forwarding of messages, mail and consignments for the customer as well as wake-up calls are carried out by the hotel with due diligence. In the event of non-execution or poor execution, claims for damages are excluded, unless the hotel has acted with gross negligence or willful intent.

3. The hotel is not liable for loss or damage to items brought in by the customer, unless the hotel is responsible for the loss or damage through gross negligence or willful misconduct.

4. In addition, the hotel’s liability in the non-service-specific area is limited to deficiencies in performance that are based on intent or gross negligence on the part of the hotel.

VIII. Liability of the customer

The customer is liable for all damage to the hotel building and its furnishings caused by the customer, visitors and employees of the customer as well as other third parties assigned to the customer’s area. The customer is responsible for proving that there was no culpable behavior.

IX. Statute of limitations

Claims by the customer for non-performance or poor performance or for reasons of other liability on the part of the hotel become statute-barred – subject to any shorter statutory limitation period – at the latest after six months, calculated from the last day of the provision of the service.

X. Further instructions

1. Submitting or referring to third parties requires the prior written approval of the hotel.

2. If the customer is a political or religious association, the approval of a cooperation by the management of the hotel is also required for a contract to be effective.

XI. Final provisions

1. Changes and additions to the contract for the rental of hotel rooms or these terms and conditions must be made in writing to be effective.

2. The place of fulfillment and payment is Unterhaching.

3. The law of the Federal Republic of Germany applies.

4. Should individual provisions of the contract for the rental of hotel rooms and / or these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.

General Terms and Conditions for Events at the Holiday Inn Munich-Unterhaching

I.              Scope of Application

1. These Terms and Conditions shall apply to contracts for the rental of conference, banquet and other function rooms of the hotel as well as hotel rooms for the purpose of holding events such as banquets, seminars, conferences, exhibitions, trade fairs, etc., as well as to all other related deliveries and services of the hotel.

2. The customer’s terms and conditions shall apply only if previously agreed in writing.

II. Services

1. Both contracting parties undertake to provide the agreed contents. Changes must be made in writing and confirmed by the hotel.

2. The customer does not acquire a claim to the provision of specific, named, conference rooms.

III. Prices

1. The prices for the provision of services are set out in the respective contract. If no prices have been agreed upon, the official prices of the hotel shall apply.

2. If a flat conference rate has been agreed, this shall be per day of the event and per participant, unless otherwise agreed.

3. The contractually agreed prices include the statutory value added tax. If the statutory rate of value added tax increases in the period between the conclusion of the contract and the provision of the service, this shall be passed on to the Customer.

4. The prices may also be changed by the hotel to a reasonable extent if either the customer subsequently requests changes to the booked services (number of participants, event days, etc…) or if there is a period of at least six months between the conclusion of the contract and the provision of services.

IV.            Payment

1. Invoices of the hotel without due date are payable within 10 days from date of invoice without deduction.

2. The hotel reserves the right to demand advance payments in an amount to be determined by the hotel.

3. If and to the extent that advance payments have been agreed with the customer and the customer fails to make such payments even within a reasonable grace period set by the hotel with a threat of refusal, the hotel shall be entitled to withdraw from the contract and to claim damages for non-performance. For the assessment of the damage, section VI. 1 applies accordingly.

4. The customer may only offset claims of the hotel against legally established claims or exercise a right of retention in this respect.

V. Changes in the Number of Participants and/or number of rooms / Minimum Charge

1. Latest 14 days prior to arrival the organizer will let the hotel know the current number of participants and/or number of rooms which will be the basis for the invoice. (under consideration of the Minimum Charge which is named in the contract).

2. A free reduction of participants and/or hotel rooms up to the Minimum Charge is possible till this date.

3. 5% of the original booked number of participants and/or rooms can be reduced free of charge till 3 days prior to arrival. (if the Minimum Charge is not reached yet). Reductions shorter than 3 days cannot be considered for the invoice.

4. If no notification will be made, the original number will be charged.

5. An increase in the number of participants and/or hotel rooms is possible upon availability and consultation with the hotel. In this case the higher number will be charged.

VI. Withdrawal / Cancellation by the Customer

1.In case of a total cancellation of the event contract the following cancellation costs will be charged, if there is no other written
agreement:

a) till 6 weeks prior to arrival: no cost
b) till 4 weeks prior to arrival: 30% of the agreed services
c) till 2 weeks prior to arrival: 45% of the agreed services
d) till 1 week prior to arrival: 60% of the agreed services
e) during 1 week prior to arrival: 80% of the agreed services

2. For reservations from 50 persons and/or room nights on as well as during trade fairs other cancellation deadlines will apply.
(see contract). Trade fairs will be e.g. (subject to change) Bau, Bauma, Ispo (summer/winter), Semicon, Automatica, Analytica,
Eltec, IFAT, Transport, Laser, Intermot, IBA, Drinktec, Systems, Electronica or Productronica, Expo Real and the time of the
Oktoberfest.

3. The hotel will make every effort to reallocate unused rooms, conference rooms and arrangements to other parties, if possible, in order to avoid cancellations. If it is not possible to resell the contracted rooms, conference rooms and arrangements, the service recipient must pay the calculated amount for the duration of the contract and taking into account the aforementioned cancellation regulation.

VI. Changes in the Number of Participants or the Time of the Event

The organizer may notify the hotel in writing of the final number of participants, which may deviate by a maximum of 5% from the originally ordered arrangement, no later than 3 working days before the start of the event. Otherwise, the ordered number of booked arrangements will be charged.

VII. Cancellation by the hotel

1. If the customer has been granted a right of total or partial cancellation free of charge, this right shall also apply to the hotel.

2. Furthermore, the hotel reserves the right to withdraw from the contract free of charge if:

– Force majeure or other circumstances beyond the hotel’s control make the fulfillment of the contract impossible or unreasonably difficult for the hotel

– Services were ordered under misleading or false information of essential facts (e.g. concerning the person of the customer or the purpose of the rental)

– The hotel has reasonable grounds to believe that the use of the supplies and services may jeopardize the smooth operation of the business or the safety or public reputation of the hotel without this being attributable to the hotel’s sphere of control or organization

– There is a breach of Clause XIII. 1. or Clause XIII. 2.

3. In the event of justified withdrawal by the hotel, the customer shall have no claim for damages.

VIII.          Liability of the Hotel

1. Should the hotel’s deliveries or services be defective or the performance be disrupted, the customer shall notify the hotel thereof immediately upon discovery – in any event prior to departure – so that the hotel may, if necessary, remedy the defect within a reasonable period of time or restore the deliveries and services to conformity with the contract. The customer is obligated to contribute what he can reasonably be expected to do and otherwise to keep any damage to a minimum.

2. The hotel shall not be liable for loss of or damage to items brought in by the customer, unless the hotel is responsible for the loss or damage due to gross negligence or intent.

3. In all other respects, the hotel’s liability in the non-service area is limited to service deficiencies caused by intent or gross negligence on the part of the hotel.

IX.            Liability and other obligations of the customer

1. The customer is liable for all damage to the hotel’s building and its furnishings caused by the customer, event participants, visitors and employees of the customer as well as other third parties assigned to the customer’s area. The customer is responsible for proving that culpable conduct did not occur.

2. The customer shall ensure that any waste is disposed of in accordance with the relevant statutory provisions on separation and other treatment. If the customer leaves waste behind in contravention of this, the hotel shall be entitled to charge the customer for the costs of disposal in accordance with the regulations as well as for any special cleaning of the rooms associated with this.

3. The use of external security personnel requires the prior consent of the hotel.

4. Decorative materials brought into the hotel must comply with the hotel’s fire safety requirements. The hotel is entitled to demand official proof of this. Due to possible damage, the installation or attachment of decorations and similar material must be coordinated with the hotel in advance.

5. Exhibits or other objects brought to the event must be removed from the event rooms immediately after the end of the event and may not be placed in other publicly accessible areas of the hotel, even temporarily. If the customer fails to do so, the hotel may remove and store the items at the customer’s expense and risk. If the items remain in the event room, the hotel may charge the agreed or official room provision costs for the duration of their retention.

6. The hotel may demand the provision of appropriate collateral in the event of justified cause.

X.             Bringing food and beverages

1. The customer may only bring food and beverages to events if the hotel has given its prior written consent. Such consent may be made conditional upon the payment of a contribution to cover overhead costs.

XI.            Technical facilities and connections

1. Insofar as the Hotel procures technical and other equipment from third parties for the Organiser at the latter’s instigation, it shall act on behalf and for the account of the Organiser. The Organiser shall be liable for careful handling and proper return. He shall indemnify the Hotel against all claims of third parties arising from the procurement and provision of such equipment.

2. The use of the organizer’s own electrical and other technical equipment using the hotel’s electricity and other power networks requires the hotel’s prior written consent. If suitable facilities of the hotel or technical hotel partner remain unused due to the connection of the organizer’s own facilities, the consent may be made dependent on the payment of a default compensation. The organizer shall be liable for any disruptions or damage to the hotel’s power networks and other facilities caused by the use of its own facilities, unless the hotel is responsible for such disruptions or damage. The hotel may charge separately for energy costs incurred by the use of such own equipment of the organizer in the form of an appropriate lump sum.

3. If the organizer wishes to use its own telephone, telefax and other communications equipment, this shall require the hotel’s prior written consent. Such consent may be made contingent upon the payment of a connection fee.

XII.           Limitation

Claims by the customer for non-performance or poor performance or for reasons of other liability on the part of the hotel shall become statute-barred – subject to any shorter statutory limitation period – at the latest after six months, calculated from the last day of performance.

XIII Further Provisions

1. Subcontracting or subcontracting to third parties requires the prior written consent of the hotel.

2. If the customer is a political or religious association, the effectiveness of a contract also requires the approval of cooperation by the management of the hotel.

XIV Final Provisions

1. Amendments and additions to the contract for the rental of events or to these terms and conditions must be made in writing in order to be effective.

2. Place of performance and payment is Unterhaching.

3. The law of the Federal Republic of Germany shall apply.

4. Should individual provisions of the contract for the rental of hotel rooms and/or these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.