GTC
Events (last update: September 2023)
I. Sphere of Application
1. These Terms and Conditions apply to all contracts concerning
a) the renting of hotel rooms for accommodation as well as all services rendered for guests in this
connection (hereinafter referred to as ‘Hotel Accommodation Contract’) by the Haus im Tal hotel in
question (hereinafter referred to as ‘Hotel’). The term ‘Hotel Accommodation Contract’ embraces and
replaces the following terms: accommodation contract, guest accommodation contract, hotel
contract and hotel room contract;
b) the renting of Hotel conference, banquet and event rooms for the holding of events such as
banquets, seminars, conferences, exhibitions and presentations, etc., as well as all Hotel services
rendered for guests in this connection.
2. The subletting or onward letting of rented rooms, premises, spaces or display cases, as well as
public invitations and the holding of sales or similar events, requires the Hotel’s prior written
consent, to the exclusion, unless the guest is a consumer, of Section 540 paragraph 1 sentence 2 of
the German Civil Code (Bürgerliches Gesetzbuch ~ BGB).
3. These Terms and Conditions apply exclusively. Any contrary or divergent terms and conditions
will not be recognised unless they are expressly agreed in advance and in writing. Any special
contractual agreements between the Hotel and the guest take precedence.
II. Conclusion of Contract, Contracting Parties
1. The Contract enters into force on acceptance of the guest’s request by the Hotel. The Hotel is
entitled to confirm the booking of a room or event in writing or by e-mail.
2. The Contracting Parties are the Hotel and the guest for whom the Hotel is providing the services. If
a third party makes the order on the guest’s behalf it is jointly and severally liable to the Hotel
together with the guest for all obligations arising from the Contract in question.
III. Services, Prices & Payment
1. The Hotel undertakes to reserve the rooms booked by the guest and to provide the services
requested by the guest and promised by the Hotel, as well as any services individually agreed with
the guest. Unless otherwise agreed, the guest is not entitled to a
specific room or, in the case of events, to a room which has already been allocated on organisational
grounds.
2. The guest undertakes to pay either the prevailing price charged by the Hotel for the rooms and any
other services, or the price agreed with the Hotel if different. This also applies to services outsourced
by the Hotel to third parties, whether these are procured directly by the guest or obtained via the
Hotel. This applies in particular to the claims of copyright associations.
3. The agreed prices are inclusive of the taxes and local levies prevailing at the time of concluding
the Contract. Not included are local levies payable by the guests themselves in line with local
ordinances, for instance tourist tax. In the event of changes to the rate of VAT or the introduction,
changing or abolition of local levies on the service in question after conclusion of the contract, the
prices will be adjusted accordingly. However, in the case of contracts with consumers this only
applies if the period between conclusion and fulfilment of the contract exceeds four months.
4. On concluding a contract with a guest the Hotel is entitled to charge a reasonable advance
payment or to demand security, for instance in the form of a credit card guarantee. The amount of the
advance payment and the payment dates may be agreed in writing in the Contract. In the case of
stays exceeding one week or bills for more than EUR 1,000 for services already rendered the Hotel is
entitled to issue interim invoices which are payable immediately.
5. In justified cases, for example in the event of a guest falling into arrears or the broadening of the
Contract’s scope, in conformity with subsection III. 4 the Hotel is entitled, between conclusion of the
Contract and the start of the guest’s stay and/or the start of the event, to increase the advance
payment or guarantee agreed in the Contract by any amount up to the full agreed remuneration.
6. Furthermore, at the beginning and during a guest’s stay the Hotel is entitled to charge a
reasonable advance payment or demand security in conformity with subsection III.4 above on
existing and future claims arising from the Contract if said advance payment or security has not
already been furnished by the guest in accordance with subsection III. 4 above and/or subsection
III.5? below.
7. If, after making a booking, a guest subsequently wishes to reduce the number of rooms booked,
the services required or the duration of the stay, the Hotel may make its agreement to said reduction
subject to an increase in the charge it makes for the remaining rooms and/or services which it does
provide.
8. The total invoice amount in connection with a Hotel Accommodation Contract is payable by the
guest at the latest on departure. Any advance payments requested by the Hotel must be made no
later than the date specified by the Hotel.
9. Other Hotel invoices with no due date are payable in full within ten days of receipt. The Hotel may
at any time demand the immediate payment by guests of claims which are already due.
10. If a guest falls into payment arrears guest the Hotel is entitled to charge the prevailing statutory
rate of penal interest, which is currently the central bank base rate plus 8%, or in the case of
transactions involving consumers 5%. However, irrespective of this the Hotel reserves the right to
prove that it has suffered greater loss or damage. Furthermore, in this event the Hotel is entitled to
refuse to render any further or future services for the guest provided it has given the guest prior
warning and set a period for payment of the arrears, in the process warning the guest that it would
refuse to render any further services if said payment is not made within the stipulated period.
11. In every individual case the Hotel is entitled to choose whether or not to accept credit cards and
which credit cards it is willing to accept, even if its general acceptance of credit cards is advertised
on signs displayed in the Hotel. Cheques, credit cards and other means of payment are accepted
only in consideration of performance.
IV. Right of Offset
The guest may only offset its own claims against the Hotel’s claims if said claims are undisputed or
established in law.
V. Cancellation by the Hotel
1. If a given individual contract grants the guest a right of cancellation without charge within a given
period, the Hotel is likewise entitled to cancel the Contract during that period if other prospective
guests make enquiries about the contractually booked bedrooms or event rooms and, in response to
a corresponding request by the Hotel, the guest elects not to waive its cancellation right.
2. If an advance payment or security agreed or demanded pursuant to Section III above is not
made/furnished by the expiry of a reasonable extension period granted by the Hotel, the Hotel shall
be entitled to cancel the Contract.
3. The Hotel is also entitled to cancel the Contract on
legitimate material grounds. A legitimate materiel ground is deemed to exist if
force majeure or other circumstances beyond the Hotel’s control render fulfilment of the Contract
impossible;
rooms are booked on the basis of misleading or false information, for instance regarding the
identity of the guest or purpose of the booking;
events or rooms are culpably booked on the basis of misleading or false information or the
withholding of material circumstances. These may concern the guest’s identity or solvency or the
purpose of the stay;
the Hotel has good reason to belief that providing its services for the guest in question could
jeopardise the smooth running, safety or reputation of the Hotel in ways not imputable to the Hotel’s
sphere of control or organisation;
the purpose of or reason for the stay and/or event is unlawful;
the guest allows third parties to use the rooms without the Hotel’s consent.
4. The guest has no right to damages in the event of the legitimate cancellation of the Contract by the
Hotel.
VI. Cancellation of a Hotel Accommodation Contract by the Guest
1. The guest is only entitled to cancel a Hotel Accommodation Contract concluded with the Hotel if
the Contract expressly provides for a right of cancellation, if there is in any case a statutory right of
cancellation or if the Hotel expressly consents to the rescission of the Contract. Any agreement to a
right of cancellation or to the rescission of a contract must be made in writing.
2. If the Hotel and the guest agree a deadline after which the right to cancel the Contract without
charge expires, the guest may cancel the Contract until said expiry date without triggering any right
to payment or damages on the Hotel’s part. However, the guest’s right of cancellation is forfeited if it
is not exercised within that period.
3. If a right of cancellation has not been agreed or has already expired, if there is no statutory right of
cancellation or termination or if the Hotel does not consent to the rescission of the Contract, the
Hotel reserves its right to the agreed remuneration regardless of whether the guest avails itself of the
agreed services or not. However, [when calculating the above-mentioned remuneration] the Hotel
must offset any receipts from letting the rooms to others and also any cost savings [resulting from
the cancellation]. If the rooms are not let to others the Hotel may make a lump-sum deduction to
reflect the costs saved. In this event the guest is obliged to pay at least 90% of the contractually
agreed charges for overnight accommodation with or without breakfast and for arrangements
involving third-party services, as well as 70% for half-board and 60% for full-board arrangements.
However, the guest shall be free to provide proof that a claim for the above amounts has not in fact
arisen or is excessive
VII. group bookings and name changes and the following right of cancellation
1. one or more bookings which exceed the number of 5 rooms are considered as a group booking.
Guests traveling together or whose reservation/booking for an overlapping period of time was made
by the same person will be considered as a group booking.
2. group bookings must be approved by the hotel prior to booking. If this approval has not been
given in advance in text form, the hotel is entitled to withdraw from this booking without giving
further reasons.
3. bookings/reservations must always be made in the actual guest name. A subsequent change of a
guest name entitles the hotel to cancel the affected reservation(s). The customer is not entitled to
any compensation. If the name of an arriving customer does not match the reservation, the hotel may
refuse the stay. If several rooms are booked in the same name, the hotel is entitled to cancel all other
rooms except one.
VIII. Cancellation of Events by the Guest
1. The guest is only entitled to cancel an Event Contract concluded with the Hotel if the Contract
expressly provides for a right of cancellation, if there is in any case a statutory right of cancellation
or if the Hotel expressly consents to the rescission of the Contract. Any agreement to a right of
cancellation or to the rescission of a contract must be made in writing.
2. If the Hotel and the guest agree a deadline after which the right to cancel the Contract without
charge expires, the guest may cancel the Contract until said expiry date without triggering any right
to payment or damages on the Hotel’s part. However, the guest’s right of cancellation is forfeited if it
is not exercised within that period.
3. If a right of cancellation has not been agreed or has already expired, if there is no statutory right of
cancellation or termination or if the Hotel does not consent to the rescission of the Contract, the
Hotel reserves its right to the agreed remuneration regardless of whether the guest avails itself of the
agreed services or not. However, [when calculating the above-mentioned remuneration] the Hotel
must offset any receipts from alternative use of the rooms and also any cost savings [resulting from
the cancellation]. Said saved expenses will be taken into account via the following compensation
arrangements:
4. The guest is obliged to pay compensation if it cancels within 84 days of the agreed event date. The
following cancellation fees will be payable:
- 42-83 days before the start of the event 50%...
- 14-41 days before the start of the event 75%...
- 1-13 days before the start of the event 90%...
… of either the agreed price or the price for the arranged event as determined by the Hotel’s price
list. If the guest only hires premises, without any meals or drinks, the remuneration payable will be
90% of the agreed price regardless of the cancellation date. However, the guest shall be free to
provide proof that a claim for the above amounts has not in fact arisen or is excessive, whereas the
Hotel shall be free to provide proof that the loss or damage incurred was in fact greater.
VIII. Surrender and Return of Bedrooms
1. Unless expressly agreed the guest is not granted any entitlement to specific rooms.
2. Guests may occupy booked rooms from 3:00 p.m. on the agreed day of arrival. Unless specially
agreed the guest is not entitled to occupy rooms at an earlier time.
3. Unless a later arrival time has been arranged, the rooms have been fully paid for in advance or the
guest has given the Hotel a credit card number whereby the Hotel can charge the room price even if
the guest does not show up, the Hotel shall be entitled to let the rooms to others from 4 p.m.
onwards. In this event the guest has no right to assert any claim against the Hotel.
4. On the agreed day of departure the guest must vacate the rooms by 12 noon at the latest. If the
guest fails to vacate rooms on time the Hotel may charge 50% of the room’s full list price for the
following night for late occupancy between 12 noon and 6 p.m. and 100% thereafter. In this event the
guest has no right to assert any contractual claim against the Hotel. However, the guest shall be free
to provide proof that a claim for the above amounts has not in fact arisen or is excessive. The above
is without prejudice to the Hotel’s right to assert claims for more extensive loss or damage.
5. The Hotel is entitled to refuse a guest admittance to the Hotel or accommodation therein if on the
guest’s arrival it has good grounds for believing that the guest is under the influence of drugs or
alcohol or otherwise behaves in an offensive manner towards hotel staff or other guests. The Hotel is
entitled to eject a guest from the Hotel and cancel without notice its existing Contract with that guest
if he or she repeatedly disturbs the peace or causes a nuisance for other guests or hotel staff.
IX. Change of Event Time and Additional Services
1. If agreed event start and finish times are delayed, and the Hotel agrees to these changes, the Hotel
may make a reasonable extra charge for services made available during this period unless the Hotel
is responsible for the delay.
2. If the guest requests changes to the agreed type of seating on the day of the event the Hotel
reserves the right to make a fixed charge of EUR 75 for the rearrangement work involved.
3. The actual number of people at events where food and drink are served may not be more than 20%
lower than the number stated in the event contract, regardless of when the number of people was
reduced.
4. The guest is obliged to inform the Hotel of the final number of people at least 5 working days
before the event starts.
5. If the number of people increases, the actual number of people in attendance will be used as the
basis for the invoice.
6. If the actual number of people is lower than the final figure provided, the hotel shall be entitled to
bill the guest the difference between the actual number of people and the maximum permissible
reduction in full.
7. Any costs incurred for services over and above the agreed ones, such as telephone, bar and mini-
bar drinks and other additional meals and drinks, must be paid for by the event participants
themselves. The guest is jointly and severally liable for any such costs together with the event
participants.
X. Bringing Food and Drink to Events
The guest may not bring its own food and drink to events except with the Hotel’s consent. If said
consent is given a charge will be made to cover the Hotel’s overhead costs in this respect.
XI. Technical Equipment and Connections
1. If the Hotel obtains technical and other equipment from third parties at the guest’s request it does
so in the name, on the authority and on behalf of the guest. The guest is responsible for handling the
equipment with care and returning it in good condition, and hereby indemnifies the Hotel against all
third-party claims arising from the provision of said equipment.
2. The guest must obtain the Hotel’s consent if it intends to connect its own electrical equipment to
the Hotel’s power network. Any malfunctions or damage to the Hotel’s technical installations caused
by the use of this equipment will be charged to the guest unless the Hotel is at fault for said damage.
The Hotel is entitled to make a fixed charge to cover the cost of the electricity consumed by this
equipment.
3. With the Hotel’s consent the guest may use its own telephone, fax and data transmission
equipment. The Hotel may charge a connection fee in this respect.
4. If the use of the guest’s own equipment means that suitable Hotel equipment remains unused the
Hotel is entitled to make a corresponding compensation charge.
5. Any malfunctions in technical or other equipment provided by the Hotel will be repaired as quickly
as possible. However, payments may not be withheld or reduced unless the Hotel is responsible for
said malfunctions.
XII. Loss of or Damage to Items Brought by Guests
1. Any personal items or items brought to the Hotel by guests for use at events are kept in the event
rooms or the Hotel at the guest’s own risk. The Hotel disclaims all liability for the loss, destruction or
damage of said items, including for financial loss, unless this is the result of gross negligence or
intent on the Hotel’s part. Also excluded from the above disclaimer are loss of life, physical injury
and harm to health, as well as all cases whose individual circumstances entail that safekeeping
constitutes a contractually-typical obligation.
2. Any decorative items brought by guests must comply with all fire safety requirements. The Hotel is
entitled to demand official proof of compliance, and if such proof is not forthcoming the Hotel may
remove materials already installed at the guest’s cost. The guest must consult with the Hotel before
putting up or affixing any items.
3. Any items brought for display or other purposes must be removed immediately at the end of the
event. If the guest fails to do so the Hotel may remove and store said items at the guest’s cost. If the
items are left in an event room the Hotel may make a reasonable charge for the use of that room until
it has been made ready for reuse.
XIII. The Guest’s Liability during Events
1. If the guest is a business enterprise it is liable for all damage to buildings, furnishings, fixtures or
fittings caused by event participants, visitors, employees, other associated third parties or by the
guest itself.
2. The guest hereby indemnifies the Hotel against all third-party claims arising from the conduct of
the guest, its employees, the event participants or the guest’s vicarious agents.
XII. INTERNET USE
1. We only offer our guest WLAN for visitors to our company. It is not a publicly accessible
telecommunications service, but an internal WLAN for guests of our company. Prerequisite for use is
the implied acceptance of the terms of use. By entering the WLAN key, you agree to these terms of
use. There is no entitlement to use the hotspot. We reserve the right to restrict or discontinue access
to the hotspot at any time without giving reasons. The current version of these terms of use applies.
2. As a user, you are prohibited from any actions when using the hotspot that violate applicable law,
infringe the rights of third parties or violate the principles of the protection of minors. In particular,
the following actions are prohibited:
the posting, distribution, offering and advertising of pornographic content, services and/or products
that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent; the
publication or making available of content that insults or defames other participants or third parties;
the use, provision and distribution of content, services and/or products that are legally protected or
encumbered with third-party rights (e.g. copyrights). e.g. copyrights) without being expressly
authorized to do so; the making available to the public of works protected by copyright or other acts
in breach of copyright, in particular when using so-called "Internet file-sharing networks" or file-
sharing services.
Furthermore, the following activities are also prohibited, irrespective of any violation of the law,
when posting your own content on the service provider's website and when communicating with
other users (e.g. by sending personal messages, participating in discussion forums, etc.).
the transmission of above-average amounts of data and in particular the persistent transmission of
such amounts of data; the hosting of a web server or other servers by using a hotspot of the service
provider; changing the default DNS servers in the network settings of the hotspot of the service
provider; the sending of junk or spam mail and chain letters; the distribution of viruses, Trojans and
other harmful files; the distribution of lewd, offensive, sexual, obscene or defamatory content or
communication as well as content or communication that is suitable for promoting or supporting
racism, fanaticism, hatred, physical violence or illegal acts (in each case explicitly or implicitly); the
solicitation of other users or third parties to disclose passwords or personal data for commercial or
illegal or unlawful purposes.
3. We may temporarily or permanently block your access to the hotspot at any time if there are
concrete indications that you are violating or have violated these Terms of Use and/or applicable law
or if we have any other legitimate interest in blocking your access.
4. As a user, you are responsible for all actions you take in connection with the use of the Internet via
our hotspot. You shall indemnify us on first demand against all claims asserted against us by third
parties due to a breach by the user of statutory provisions, third-party rights (in particular personal
rights, copyrights and trademark rights) or contractual obligations, warranties or guarantees,
including the costs of the necessary legal defense (lawyer's fees and court costs at the statutory
rate). In the event of the assertion of claims within the meaning of clause 10 paragraph 2, you are
obliged to cooperate immediately and fully in the clarification of the facts and to provide us with the
necessary information in a suitable manner.
XIV. The Hotel’s Liability
1. Compensation claims on the part of the customer are excluded. Exempt from this rule are claims
on the part of the customer for damages due to injury to life, body and health, or in case of violation
of contractual duties (cardinal obligations), as well as liability for other damages based on intentional
or grossly negligent breaches of duty committed by the hotel, its legal representatives or agents.
Essential contractual obligations are those which need to be fulfilled in order to achieve the aim of
the contract. In the case of violation of contractual duties, the hotel shall only be liable for
foreseeable damage typical for the contract, if such damage was caused by ordinary negligence,
unless the customer claims damages relating to injury to life, body or health. The aforementioned
limitations shall also apply in favour of the legal representatives and vicarious agents of the hotel, if
claims are made directly against them.
2. The Hotel is liable to the guest in accordance with the prevailing legal provisions for the items
brought by the guest to the Hotel. The Hotel recommends using the main Hotel safe or bedroom safe.
If the guest wishes to bring to the hotel money, securities or valuables to a value in excess of EUR
800, or other items to a value of over EUR 3,500, it must make a separate safekeeping agreement with
the Hotel.
3. If the Hotel provides the guest with a parking space in the Hotel garage or car park, including for a
charge, this does not constitute a safekeeping agreement. In the event of the loss of or damage to
motor vehicles while parked or being driven on the Hotel’s grounds, or to the contents thereof, the
Hotel is only liable pursuant to subsection XIV 1, sentences 1 to 4 above.
4. The Hotel will take all due care in complying with requests for wake-up calls. Messages, mail and
consignments of goods for guests will be handled with care. The Hotel will deal with the delivery,
safekeeping and, on request and for a charge, dispatch of the same. In this respect too the Hotel is
only liable pursuant to subsection XIV 1, sentences sentences 1 to 4 above.
XV. Right to Refuse Admittance or Eject Guests
The Hotel is entitled to refuse a guest admittance to the Hotel or accommodation therein if on the
guest’s arrival it has good grounds for believing that the guest is under the influence of drugs or
alcohol or otherwise behaves in an offensive manner towards hotel staff or other guests. The Hotel is
entitled to eject a guest from the Hotel and cancel without notice its existing Contract with that guest
if he or she repeatedly disturbs the peace or causes a nuisance for other guests or hotel staff.
XVI. Closing Provisions
1. Any amendments or supplements to the Contract, the [provisions governing] acceptance of orders
or to these General Terms and Conditions must be made in writing. Any unilateral amendments or
supplements made by the guest are hereby null and void.
2. The place of commercial performance and payment is the registered office of the relevant Hotel.
3. The exclusive place of jurisdiction over commercial matters, including disputes relating to
cheques, is the City of Munich. However, if it so chooses the Hotel may also take legal action against
a guest at the seat of the Hotel or guest. The same applies if the guest meets the conditions of
Section 38 paragraph 2 of the German Code of Civil Procedure (Zivilprozeßordnung - ZPO) and does
not have any general place of jurisdiction in Germany.
4. These General Terms and Conditions are governed by German law, to the exclusion of UN sales
law and legal provisions governing conflicts of law.
The German version of GTC (AGB) is the binding version.
Munich, September 2023