1. These General Terms and Conditions for the Hotel Accommodation Contract apply to contracts for the rental of rooms in the Hotel Stay2Munich (hereinafter referred to as the “Hotel”) to guests, including all services and deliveries provided by the Hotel for the guests.
2. The subletting or re-letting of the hotel rooms provided and their use for purposes other than accommodation require the prior express consent of the hotel.
3. In the case of I. No. 2, the guest’s right of termination is excluded if the hotel refuses to consent to subletting or re-letting in accordance with Section 540 (1) sentence 2 BGB. This does not apply if the guest is a consumer.
4. These General Terms and Conditions apply exclusively. The guest’s terms and conditions shall only apply if this has been expressly agreed in advance.

1. The hotel accommodation contract is concluded upon acceptance of the guest’s application by the hotel. The hotel is free to confirm the room booking in text form.
2. The contractual partners of the hotel accommodation contract are the hotel and the guest. If the booking of the hotel room or the ordering of any other services of the hotel was made by a third party on behalf of the guest, the third party is jointly and severally liable with the guest for all claims of the hotel arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.

1. The hotel is obliged to keep the rooms booked by the guest available and to provide any other services agreed. Unless otherwise agreed, the guest is not entitled to the provision of specific rooms within a room category.
2. Unless otherwise agreed, booked rooms are available to the guest from 3 p.m. on the agreed day of arrival.
   Unless otherwise agreed, the rooms must be vacated and made available to the hotel by 11 a.m. at the latest on the agreed day of departure. If the room is vacated late, the guest is obliged to pay 50% of the accommodation price (list price) to the hotel as a usage fee for the use of the room until 6 p.m. in excess of the contractually agreed time. If the use of the room in excess of the contract continues beyond 6.00 p.m., the guest is obliged to pay 90% of the accommodation price (list price) to the hotel as a usage fee. This shall not give rise to any contractual claims on the part of the guest. The guest is at liberty to prove that the hotel has no or a lower claim to a usage fee.
3. The guest is obliged to pay the agreed prices or the prices applicable to the hotel (list prices) for the room rental and the other services of the hotel used by him. This also applies to services provided by the hotel to third parties at the guest’s request.
4. The agreed prices include the respective statutory value added tax. If there are more than 4 months between the conclusion of the contract and the date of arrival and the prices applicable to the hotel (list prices) have increased, the hotel may increase the contractually agreed price appropriately, but by no more than 5%.
5. The hotel is no longer bound by the prices agreed with the guest if the guest wishes to change the number of rooms booked, the agreed hotel services or the duration of the guest’s stay after conclusion of the contract and the hotel agrees to the contract amendment.
6. Hotel invoices without a due date are payable within 10 days of receipt of the invoice. If the guest is in default of payment of a claim of the hotel, the hotel is entitled to demand immediate payment of all claims of the hotel against the guest, including deferred or credited claims. In the event of default in payment, the hotel is entitled to demand the applicable statutory default interest. The hotel reserves the right to provide evidence of higher damages.
7. The hotel is entitled to demand an advance payment or security deposit from the guest upon or after conclusion of the contract in the amount of the expected total price for the hotel stay.
8. The guest may only offset or exercise a right of retention against claims of the hotel with undisputed or legally established counterclaims.
9. All claims of the guest against the hotel are subject to a limitation period of one year. Section 199 (1) BGB shall apply to the commencement of the limitation period. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel, a legal representative of the hotel or a vicarious agent of the hotel, or to damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, or to damages based on an intentional or negligent breach of typical contractual obligations by the hotel, a legal representative of the hotel or a vicarious agent of the hotel. Typical contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the guest relies and may rely.

1. Unless otherwise agreed, the guest’s withdrawal from the hotel accommodation contract concluded with the hotel requires the hotel’s consent. If the hotel does not agree to the guest’s withdrawal, the guest is obliged to pay the agreed price or the list price applicable to the hotel under the hotel accommodation contract even if the guest does not make use of the contractual services. This shall not apply if, taking into account the interests of both parties, the guest can no longer reasonably be expected to adhere to the contract or if the guest has any other statutory or contractual right of withdrawal.
2. In the case of rooms not used by the guest, the hotel shall offset the income from any other letting of the rooms as well as the expenses saved against the remuneration to be paid by the guest.
3. The hotel is free to demand the contractually agreed price or the price applicable to the hotel (list price) and to make a flat-rate deduction for saved expenses. In this case, unless otherwise agreed, the guest is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The guest is free to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.

1. If the hotel and the guest have agreed on a deadline for free withdrawal from the contract, the hotel is entitled to withdraw from the contract until the expiry of this deadline if there are inquiries from other guests about the contractually booked rooms and the guest does not waive his right to withdraw from the contract upon inquiry by the hotel within a reasonable period of time.
2. If a guest does not pay an agreed advance payment or security deposit or fails to do so in accordance with III. No. 7, even within a reasonable grace period set by the hotel, the hotel shall be entitled to withdraw from the contract or to claim damages for non-performance.
3. In addition, the hotel is entitled to withdraw from the hotel accommodation contract for good cause or to terminate the hotel accommodation contract extraordinarily. This applies in particular if

• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• rooms are booked under misleading or false statements of material facts, e.g. in the person of the guest;
• the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organization;
• a violation of I. No. 2 exists.

4. if the hotel’s withdrawal was justified, the guest is not entitled to compensation.

1. The hotel is liable for its obligations arising from the hotel accommodation contract with the diligence of a prudent businessman. Claims of the guest for damages are excluded. Excluded from this are

• Damages arising from injury to life, body or health if the hotel is responsible for the breach of duty,
• other damage caused by an intentional or grossly negligent breach of duty by the hotel and
• Damage caused by an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the guest relies and may rely.

A breach of duty by a legal representative or vicarious agent of the hotel shall be deemed equivalent to a breach of duty by the hotel. Should defects or disruptions occur in the hotel’s services, the guest must notify the hotel immediately upon discovery so that the hotel has the opportunity to remedy the defects or disruptions if necessary. The guest is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage. 2. the hotel shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions (see §§ 701 ff. BGB). No. 1 sentences 2 to 4 apply accordingly to any further liability of the hotel, e.g. arising from the hotel accommodation contract.
If the guest wishes to bring in money, securities and valuables with a total value of more than € 800 or other valuables with a total value of more than € 3,500, a separate storage agreement must be made with the hotel. 3. if the guest is provided with a parking space in the underground garage or in the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The conditions for parking in the underground garage apply. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. No. 1, sentences 2 to 4 apply accordingly. 4. messages, mail and consignments of goods for guests shall be handled with care. The hotel will deliver, store and – on request – forward them for a fee. No. 1, sentences 2 to 4 shall apply accordingly.

1. In the case of accommodation in a non-smoking room, smoking in this room constitutes a breach of contract. A flat-rate contractual penalty of € 500 shall be payable for this. The guest is free to prove that no or less damage has been incurred.
   In any case, the guest is obliged to reimburse the hotel for the actual, proven cleaning fees incurred. Should a false fire alarm be triggered by smoking in breach of the contract by the guest or a person attributable to him, e.g. a visitor, the guest shall bear the actual costs incurred as a result, in particular for a fire department call-out.
2. The guest shall also bear the costs for fire department operations caused by excessive steam, cooking or smoke due to improper handling of the kitchenette, cooking appliances or coffee machine.
3. Pets may only be brought by the guest with the prior consent of the hotel in text form and for an additional charge. Pets are not allowed in common areas such as the restaurant, bar, fitness area etc.
4. Lost property or left/forgotten items will only be forwarded to the guest on request and against reimbursement of the costs incurred. The hotel will store the items for a period of 6 months. VI No. 1 sentences 2 to 4 shall apply accordingly.

1. Amendments or additions to the contract or these terms and conditions for hotel accommodation should be made in text form. Unilateral amendments or additions by the guest are invalid.
2. The place of performance and payment in commercial transactions is the registered office of the hotel.
3. The exclusive place of jurisdiction for commercial transactions is the registered office of the hotel. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4. The law of the Federal Republic of Germany shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

1. These General Terms and Conditions for Accommodation Contracts apply to contracts for the generally longer-term (maximum six months) rental of rooms to guests at the Hotel Stay2Munich (hereinafter referred to as the “Hotel”) for accommodation, including all services and deliveries provided by the Hotel for the guests.
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior express consent of the hotel.
3. In the case of I. No. 2, the guest’s right of termination is excluded if the hotel refuses to consent to subletting or re-letting in accordance with Section 540 (1) sentence 2 BGB. This does not apply if the guest is a consumer.
4. These General Terms and Conditions apply exclusively. The guest’s terms and conditions shall only apply if this has been expressly agreed in advance.

1. The accommodation contract is concluded upon acceptance of the guest’s request by the hotel. The hotel is free to confirm the generally longer-term room booking (maximum six months) in text form.
2. The parties to the accommodation contract are the hotel and the guest. If the booking of the room or the ordering of any further services of the hotel was made by a third party on behalf of the guest, the third party is jointly and severally liable with the guest for all claims of the hotel arising from the accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

1. The hotel is obliged to keep the rooms booked by the guest available and to provide any other services agreed. Unless otherwise agreed, the guest is not entitled to the provision of specific rooms within a room category.
2. Unless otherwise agreed, booked rooms are available to the guest from 3 p.m. on the agreed day of arrival. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12.00 noon at the latest, unless otherwise agreed. If the room is vacated late, the guest is obliged to pay 50% of the accommodation price (list price) to the hotel as a usage fee for the use of the room until 6 p.m. in excess of the contractually agreed time. If the use of the room in excess of the contract continues beyond 6.00 p.m., the guest is obliged to pay 90% of the accommodation price (list price) to the hotel as a usage fee. This shall not give rise to any contractual claims on the part of the guest. The guest is at liberty to prove that the hotel has no or a lower claim to a usage fee.
3. The guest is obliged to pay the agreed prices or the prices applicable to the hotel (list prices) for the accommodation and the other services of the hotel used by him. This also applies to services provided by the hotel to third parties at the guest’s request.
4. The agreed prices include the respective statutory value added tax. If there are more than 4 months between the conclusion of the contract and the date of arrival and the prices applicable to the hotel (list prices) have increased, the hotel may increase the contractually agreed price appropriately, but by no more than 5%.
5. The hotel is no longer bound by the prices agreed with the guest if the guest wishes to change the number of rooms booked, the agreed hotel services or the duration of the guest’s stay after conclusion of the contract and the hotel agrees to the contract amendment.
6. Hotel invoices without a due date are due 10 days from receipt of the invoice. If the Guest defaults on payment of a claim against the Hotel, the Hotel shall be entitled to demand immediate payment of all claims of the Hotel against the Guest, including deferred or credited claims. In the event of default in payment, the hotel is entitled to demand the applicable statutory default interest. The hotel reserves the right to provide evidence of higher damages.
7. The hotel is entitled to demand an advance payment or security deposit from the guest upon or after conclusion of the contract in the amount of the expected total price for the stay.
8. The guest may only offset or exercise a right of retention against claims of the hotel with undisputed or legally established counterclaims.
9. All claims of the guest against the hotel are subject to a limitation period of one year. Section 199 (1) BGB shall apply to the commencement of the limitation period. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel, a legal representative of the hotel or a vicarious agent of the hotel, or to damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, or to damages based on an intentional or negligent breach of typical contractual obligations by the hotel, a legal representative of the hotel or a vicarious agent of the hotel. Typical contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the guest relies and may rely.

1. Unless otherwise agreed, the guest’s withdrawal from the accommodation contract requires the hotel’s consent. If the hotel does not agree to the guest’s withdrawal, the guest is obliged to pay the agreed price or the list price applicable to the hotel for the accommodation contract even if the guest does not make use of the contractual services. This shall not apply if, taking into account the interests of both parties, the guest can no longer reasonably be expected to adhere to the contract or if the guest is entitled to any other statutory or contractual right of withdrawal.
2. In the case of rooms not used by the guest, the hotel shall offset the income from any other letting of the rooms as well as the expenses saved against the remuneration to be paid by the guest.
3. The hotel is free to demand the contractually agreed price or the price applicable to the hotel (list price) and to make a flat-rate deduction for saved expenses. In this case, the guest is obliged, unless otherwise agreed, to pay 90% of the contractually agreed price for the overnight stay with or without breakfast. The guest is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.

1. If the hotel and the guest have agreed on a deadline for a cost-free withdrawal from the contract, the hotel is entitled to withdraw from the contract until the expiry of this deadline if there are inquiries from other guests about the contractually booked rooms and the guest does not waive his right to withdraw from the contract upon inquiry by the hotel within a reasonable period of time.
2. If a guest does not pay an agreed advance payment or security deposit or fails to do so in accordance with III. No. 7, even within a reasonable grace period set by the hotel, the hotel shall be entitled to withdraw from the contract or to claim damages for non-performance.
3. In addition, the hotel is entitled to withdraw from the accommodation contract for good cause or to terminate the accommodation contract extraordinarily. This applies in particular if

• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• rooms are booked under misleading or false statements of material facts, e.g. in the person of the guest;
• the hotel has justified cause to believe that the use of its services may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
• a violation of I. No. 2 exists.

4. if the hotel’s withdrawal was justified, the guest is not entitled to compensation.

1. The hotel is liable for its obligations arising from the accommodation contract with the due care of a prudent businessman. Claims of the guest for damages are excluded. Excluded from this are

• Damages arising from injury to life, body or health if the hotel is responsible for the breach of duty,
• other damage caused by an intentional or grossly negligent breach of duty by the hotel and
• Damage caused by an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the guest relies and may rely.

A breach of duty by a legal representative or vicarious agent of the hotel is equivalent to a breach of duty by the hotel. Should defects or disruptions occur in the hotel’s services, the guest must notify the hotel immediately upon discovery so that the hotel has the opportunity to remedy the defects or disruptions if necessary. The guest is obliged to do what can reasonably be expected of him to remedy the disruption and minimize any possible damage.

2. The hotel is liable to the guest for items brought into the hotel in accordance with the statutory provisions (see §§ 701 ff. BGB). No. 1 sentences 2 to 4 apply accordingly to any further liability of the hotel, e.g. from the accommodation contract.
   If the guest wishes to bring in money, securities and valuables with a total value of more than € 800 or other valuables with a total value of more than € 3,500, a separate storage agreement must be made with the hotel.
3. If the guest is provided with a parking space in the underground garage or in the parking lot, even for a fee, this does not constitute a safekeeping agreement. The conditions for parking in the underground garage apply. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel’s property and their contents, except in cases of intent or gross negligence. No. 1, sentences 2 to 4 apply accordingly.
4. Messages, post and consignments for guests are handled with care. The hotel shall be responsible for the delivery, storage and – upon request – forwarding of the same for a fee. No. 1 sentences 2 to 4 shall apply accordingly.

1. In the case of accommodation in a non-smoking room, smoking in this room constitutes a breach of contract. A flat-rate contractual penalty of € 500 shall be payable for this. The guest is free to prove that no or less damage has been incurred. In any case, the guest is obliged to reimburse the hotel for the actual, proven cleaning costs incurred. Should a false fire alarm be triggered due to smoking by the guest or a person attributable to him, e.g. a visitor, in breach of the contract, the guest shall bear the actual costs incurred as a result, in particular for a fire department call-out.
2. The guest shall also bear the costs for fire department operations caused by excessive steam, cooking or smoke due to improper handling of the kitchenette, cooking appliances or coffee machine.
3. Pets may only be brought by the guest with the prior consent of the hotel in text form and for an additional charge. Pets are not allowed in common areas such as the restaurant, bar, fitness area, etc.
4. Lost property or abandoned/forgotten items will only be forwarded to the guest upon request and against reimbursement of the costs incurred. The hotel will store the items for a period of 6 months.VI No. 1 sentences 2 to 4 apply accordingly.

1. Amendments or additions to the contract or these terms and conditions for accommodation should be made in text form. Unilateral amendments or additions by the guest are invalid.
2. The place of performance and payment in commercial transactions is the registered office of the hotel.
3. The exclusive place of jurisdiction for commercial transactions is the registered office of the hotel. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4. The law of the Federal Republic of Germany shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for the Accommodation Agreement be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Status: May 2023