GENERAL TERMS AND CONDITIONS
for Accommodation Services
Munich Rooms Hotel e.K., proprietor Selcuk Gürler
Herzogstrasse 51, 80803 Munich, Germany
Email: hello@mucrooms.de
Register Court: Local Court of Munich, HRA 118535
VAT identification number: DE 245345635
1. Scope and Contracting Party
- These General Terms and Conditions (“GTC”) apply to contracts for the rental of hotel rooms for accommodation purposes and to all related services and supplies provided by Munich Rooms Hotel e.K. (the “Hotel”).
- The guest’s contracting party is Munich Rooms Hotel e.K., proprietor Selcuk Gürler. If a third party makes a booking for the guest, the third party and the guest shall be liable for the obligations arising from the contract to the extent that the third party has made a corresponding declaration.
- Deviating terms and conditions of the guest shall apply only if the Hotel has expressly agreed to their application in text form.
- For bookings made through intermediary platforms, the terms displayed there shall apply in addition. The Hotel remains the contracting party for the accommodation service unless the booking confirmation expressly names another service provider. In the event of contradictions, the special rate and booking conditions displayed at the time of booking shall take precedence over these GTC.
2. Hotel Services
- The Hotel shall provide the booked room for the agreed period and shall provide the additional services stated in the booking confirmation.
- The essential characteristics of the room, the total price, the payment terms and the cancellation and amendment conditions applicable to the selected rate shall be displayed before the booking is completed or communicated to the guest in text form.
- The guest is entitled to a specific room only if this has been expressly confirmed in text form. The Hotel may provide an equivalent or higher-category room.
- Equipment and service information stated on the website forms part of the offer. The following currently applies in particular: no breakfast service; complimentary coffee and tea; no extra beds or baby cots; no twin beds; no daily room cleaning. For stays of three nights or more, an interim room cleaning including a towel change is provided after every two nights. For longer stays, bed linen is changed once per week. Additional cleaning or an additional linen change may be arranged upon request, subject to availability and, where applicable, an additional charge, unless otherwise agreed.
3. Booking and Formation of Contract
- The guest selects the room, stay period, rate and, where applicable, additional services via the website, the booking system integrated into it, an intermediary platform or by contacting the Hotel directly.
- The display of available rooms does not constitute a binding contractual offer. By completing the booking process, the guest submits a binding offer to conclude an accommodation contract.
- The contract is concluded when the guest receives the booking confirmation from the Hotel or from the booking system used by the Hotel. The confirmation contains the essential booking details and the applicable rate conditions.
- The guest must provide all booking, contact and payment details completely and correctly. The guest must ensure that they can be reached at the email address and telephone number provided and that all accompanying guests receive the information required for the stay.
- Bookings are accepted only on a guaranteed basis. A payment method accepted by the Hotel must be provided as a guarantee. The Hotel may verify its validity and, where announced at the time of booking, carry out a pre-authorisation.
- Group bookings of three or more rooms are subject to the separate conditions set out in Section 7.
4. Prices, Taxes and Additional Services
- The prices displayed or confirmed at the time the contract is concluded shall apply. Prices are gross total prices including the statutory taxes and charges applicable at the time the contract is concluded.
- Local charges owed directly by the guest under local law and not included in the displayed total price shall be shown and charged separately.
- Services not expressly listed in the booking confirmation are not included in the room price.
- If statutory taxes or charges change after conclusion of the contract, the price may be adjusted to the extent permitted by law. For consumers, this applies only where the statutory requirements are met.
5. Payment and Security
- For direct bookings, an advance payment of 100 percent of the total price, including booked additional services, becomes due immediately after expiry of the free cancellation period applicable to the respective booking. For non-refundable rates, the advance payment becomes due immediately upon conclusion of the contract. The specific due date is also stated in the booking confirmation.
- No later than the day of arrival, the Hotel may charge the payment method provided with amounts then due. If payment cannot be processed despite the setting of a reasonable deadline, the Hotel may withdraw from the contract. Setting a deadline is not required if the guest seriously and definitively refuses payment or if special circumstances justify immediate withdrawal.
- At the time of booking or arrival, the Hotel may require a reasonable pre-authorisation or security deposit for the room price and foreseeable additional services, provided this has been communicated in advance.
- For online payments, all credit cards shown as available in the booking and payment process handled via Stripe are accepted. The options displayed at the time of booking are decisive. On site, only the payment methods expressly offered there are accepted.
- Claims of the Hotel arising from services subsequently booked or used may be charged to the stored payment method if the guest has validly consented to this during the booking or payment process or if another legal basis exists.
- The guest may set off claims only if they are undisputed or have been finally adjudicated. For consumers, this also applies to claims arising from the same contractual relationship.
6. Cancellation, Amendment, No-Show and Early Departure
- For cancellations and amendments, the rate conditions displayed at the time of booking and reproduced in the booking confirmation shall take precedence.
- Unless different rate conditions have been agreed, the following standard cancellation periods apply to guaranteed individual bookings. Trade fairs, Oktoberfest and other event periods with different conditions will be clearly identified in the booking system before the contract is concluded:
- outside trade fairs, Oktoberfest and specially identified event periods: free cancellation until 00:00 Munich local time five days before the day of arrival;
- during trade fairs, Oktoberfest and specially identified event periods: free cancellation until 00:00 Munich local time 30 days before the day of arrival.
- In the event of a later cancellation or amendment, the Hotel may charge 90 percent of the agreed price. The guest remains entitled to prove that no loss or a substantially lower loss was incurred. The Hotel remains entitled to prove a higher loss to the extent permitted by law.
- For a rate expressly designated as non-refundable, free cancellation or rebooking is excluded. In the event of cancellation or no-show, the agreed total price becomes due, less saved expenses and proceeds from alternative letting. The guest remains entitled to prove that no claim or a substantially lower claim exists.
- If the guest does not arrive and does not cancel the booking in due time (“no-show”), 100 percent of the agreed price for the entire booked stay becomes due, less saved expenses and proceeds from alternative letting. The guest remains entitled to prove that no loss or a substantially lower loss was incurred.
- In the event of an early departure for which the guest is responsible, there is no entitlement to a refund; saved expenses and proceeds from alternative letting shall be deducted.
- Cancellations and requests for amendments must be submitted via the method stated in the booking confirmation or by email to hello@mucrooms.de. Receipt by the Hotel is decisive.
7. Group Bookings
- Reservations of three (3) or more rooms are considered group bookings, regardless of whether they are made within a single reservation or split across several reservations. This also applies where several reservations are made by the same person, company or organisation, or by guests travelling together for the same stay period. Splitting a group booking into several individual reservations does not circumvent the Hotel’s group booking policy.
- In such cases, an advance payment of 100% of the total booking value is required. Free cancellation is possible only up to 30 days before arrival.
- We reserve the right to reject or cancel reservations that have evidently been made in order to circumvent our group booking conditions. Such reservations are subject to our published group booking conditions, including the respective payment and cancellation provisions. We expressly reserve the right to reject or cancel bookings made in circumvention of these conditions.
8. No Right of Withdrawal for Date-Specific Accommodation
- For contracts for accommodation services for purposes other than residential purposes, there is no statutory right of withdrawal where the contract provides for a specific date or period (Section 312g (2) no. 9 German Civil Code (BGB)). Any contractual cancellation rights remain unaffected.
9. Check-in, Access and Check-out
- The Hotel operates without a permanently staffed reception. The guest is required to complete the electronic self check-in fully and truthfully before arrival.
- The room is generally available from 3:00 p.m. on the day of arrival. Self check-in is generally possible from 3:00 p.m. to 10:00 p.m. Deviations require prior confirmation by the Hotel.
- Check-in instructions and access details are sent to the email address or telephone number provided at the time of booking. If the guest does not receive the information or suspects that the contact details are incorrect, the guest must contact the Hotel without delay.
- The guest must provide complete and accurate information concerning themselves and all accompanying guests as required for online check-in, registration formalities and performance of the contract. Where required by law, proof of identity may be requested.
- Access codes must be kept confidential and may be passed on only to registered accompanying guests. The booking guest shall ensure that all persons to whom access is provided comply with these GTC and the house rules.
- The room must be vacated by 11:00 a.m. on the day of departure. A later check-out requires prior approval. For an approved late check-out, the Hotel may charge EUR 20 per commenced hour; use after 3:00 p.m. may result in the full daily room rate being charged. In each case, the guest remains entitled to prove a lower loss.
- A separate check-out procedure is generally not required. The invoice will be sent by email.
10. Guest Obligations and House Rules
- The room may be used only for accommodation purposes and only by registered persons. Guests under 18 years of age may stay only when accompanied by an adult, unless a legally and operationally permissible exception has been confirmed in advance.
- The resale, subletting or commercial brokerage of booked rooms without the Hotel’s prior consent is prohibited.
- The guest must show consideration for other guests and local residents, avoid unnecessary noise and comply with reasonable instructions issued by the Hotel.
- Food and beverages brought in from outside may not be consumed in public areas. Preparing food in guest rooms is prohibited.
- For fire safety and general safety reasons, guests may not use privately brought heating, cooking or electrical cooling appliances, in particular kettles, hot plates, irons, refrigerators and cool boxes with an electrical connection. Passive cool boxes without an electrical connection are not covered by this prohibition.
- Bicycles and scooters may not be stored anywhere in the Hotel or in guest rooms.
- In the event of loss of or damage to a key or key card provided by the Hotel, the Hotel may charge the necessary replacement costs. The guest remains entitled to prove that no loss or a lower loss was incurred.
11. Non-Smoking Policy and Animals
- The Hotel is a non-smoking hotel. Smoking is prohibited in all guest rooms and public areas.
- In the event of a violation, the Hotel may charge a lump-sum amount of EUR 300 for special cleaning and demonstrable loss of room revenue. The guest remains entitled to prove that no loss or a lower loss was incurred; the Hotel remains entitled to prove a higher loss.
- Pets are not permitted. Recognised assistance dogs, in particular guide dogs and hearing assistance dogs, may be brought free of charge. The Hotel requests prior notice in order to facilitate a smooth stay.
12. Withdrawal and Termination by the Hotel
- The Hotel may withdraw from or terminate the contract for good cause. Good cause exists in particular where
- force majeure or other circumstances for which the Hotel is not responsible make performance of the contract impossible;
- the room was booked culpably using false or misleading information regarding identity, solvency, number of persons or purpose of stay;
- specific facts justify the assumption that use of the room would materially endanger the safe or undisturbed operation of the Hotel;
- the purpose of the stay is unlawful;
- the room is resold, sublet or used for an unauthorised purpose without permission; or
- despite a warning, the guest materially violates the house rules and continuation of the contract cannot reasonably be expected.
- In the event of a justified termination for a reason attributable to the guest, the Hotel’s statutory payment and damages claims remain unaffected; saved expenses and proceeds from alternative letting shall be deducted.
- If the Hotel is unable to provide the confirmed room for a reason for which it is responsible, it shall, where possible, offer reasonable alternative accommodation of at least equivalent standard or refund payments already made. Further statutory claims remain unaffected.
13. Hotel Liability
- The Hotel shall have unlimited liability for damage resulting from injury to life, limb or health, in cases of intent or gross negligence, under the German Product Liability Act and in all other cases of mandatory statutory liability.
- In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable loss typical for the contract. Material contractual obligations are obligations whose performance is essential to the proper performance of the contract and on compliance with which the guest may regularly rely.
- Liability for property brought into the Hotel is governed by Sections 701 et seq. of the German Civil Code (BGB). The guest must report any loss, destruction or damage without undue delay after becoming aware of it.
- Liability for disruptions to services provided by third parties that are not attributable to the Hotel as vicarious agents exists only in accordance with statutory provisions.
- The guest must take reasonable measures to avoid or mitigate damage and must report identifiable defects without undue delay so that the Hotel has an opportunity to remedy them. The guest’s statutory rights remain unaffected.
14. Lost Property and Luggage
- Lost property will be kept for six months. At the guest’s request, items will be sent at the guest’s cost and risk. After expiry of the retention period, the Hotel may dispose of the item in accordance with the statutory provisions governing lost property.
- Luggage storage before check-in or after check-out is available only by prior arrangement and subject to operational capacity.
15. Data Protection
- The Hotel processes personal data in connection with the website, booking, payment, online check-in and performance of the accommodation contract. In particular, a booking and hotel property management system (PMS), Stripe as payment service provider and an online check-in provider may be used.
- Where statutory registration or retention obligations apply to accommodated persons, the required data will be processed and retained in accordance with the applicable statutory provisions. In all other respects, the retention and deletion of personal data depend on the respective purpose of processing and the applicable legal requirements.
- Further information, in particular on legal bases, recipients, data subject rights and retention periods, is contained in the privacy policy at https://www.mucrooms.de/datenschutz/.
16. Complaints and Consumer Dispute Resolution
- Complaints may be addressed to: Munich Rooms Hotel e.K., Herzogstrasse 51, 80803 Munich, Germany, email: hello@mucrooms.de.
- The Hotel is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
17. Final Provisions
- The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the state of their habitual residence.
- If the contracting party is a merchant, a legal entity under public law or a special fund under public law, Munich shall be the exclusive place of jurisdiction. The same applies if the contracting party has no general place of jurisdiction in Germany and a jurisdiction agreement is legally permissible. Mandatory statutory places of jurisdiction remain unaffected.
- Individual agreements shall take precedence over these GTC. Amendments and supplements to the contract should be made in text form for evidentiary purposes. Statutory form requirements and individual agreements remain unaffected.
- If any provision of these GTC is or becomes wholly or partly invalid, the remaining provisions shall remain effective. The invalid provision shall be replaced by the applicable statutory provisions.