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General terms and conditions of AWA Hotel GmbH

§ 1 Scope and provider (1) The general terms and conditions (hereinafter referred to as “GTC”) regulate the contractual relationship between AWA Hotel GmbH (hereinafter provider or hotel) and you (hereinafter the customer) in the version valid at the time the contract was concluded. (2) These terms and conditions apply to contracts for the rental of hotel rooms of the hotel as well as for all other related services and deliveries of the hotel. Please read these conditions carefully before using a service from AWA Hotel GmbH. § 2 Conclusion of the contract (1) The customer must have reached the age of 18. (2) With the booking, the customer accepts the present terms and conditions. With the booking, a contractual relationship arises between AWA Hotel and the registered customer, which is based on the provisions of these terms and conditions. (3) If the customer concludes the contract recognizably on behalf of the third party or if the third party has commissioned a commercial broker or organizer for the contractual processing, the purchaser, broker or organizer is jointly and severally liable with the third party who becomes the contractual partner for all obligations arising from the Contract, insofar as the hotel has corresponding declarations from the customer, agent or organizer. Irrespective of this, the customer is obliged to forward all booking-relevant information, in particular these general terms and conditions, to the third party. (4) The subletting or subletting of the rooms and areas as well as the invitation to interviews, sales or similar events require the prior consent of the hotel in text form. (5) Different terms and conditions of the customer only apply if this has been expressly agreed in writing. § 3 Description of the scope of services (1) The customer does not acquire any right to the provision of certain rooms or room properties such as separate beds. (2) Unless otherwise agreed, hotel rooms are to be used from 3 p.m. on the day of arrival (check-in time). The purchaser is not entitled to earlier provision. (3) The rooms must be vacated and made available to the hotel no later than 12:00 noon (check-out time) on the agreed departure date. Thereafter, due to the delay in vacating the room for use beyond the contract, the hotel can charge € 10.00 per hour or part thereof until 6:00 p.m., from 6:00 p.m. 100% of the valid accommodation price. § 4 Terms of payment (1) Any accruing fee must be paid to AWA Hotel GmbH in advance at the time of the due date or at the latest on arrival without deduction. (2) Certain payment methods can be excluded by the provider in individual cases. (3) The agreed prices include the respective statutory value added tax, unless otherwise agreed. (4) Billing is in euros (€). In the case of foreign means of payment, the exchange rate differences and bank charges are charged to the party obliged to pay. Down payments in foreign currencies are offset against the total invoice on the day of the value date. Cash payments in foreign currency are not accepted by the customer for payment. (5) The hotel is entitled to request a reasonable advance payment at any time. If the amount of the advance payment and the payment dates are not agreed in writing in the contract, in the accommodation area (lodging and breakfast) for groups (bookings of three or more room units) up to 100% deposit is agreed as a guarantee upon conclusion of the contract. (6) If the provider offers payment by credit card and the customer chooses this payment method, the provider expressly authorizes the provider to collect the amounts due. (7) Complaints about invoicing must be reported to the hotel immediately after they become known. Claims for changes expire 31 days after debiting. (8) The hotel is entitled to request advance payment or security in the form of a credit card guarantee, a down payment or the like. In justified cases, e.g. Payment arrears or damage, the hotel is entitled to withhold this payment. (9) The contractual partner can only offset an undisputed or legally established claim against a claim by the hotel. § 5 Cancellation of the hotel (1) If an agreed advance payment is not made even after a reasonable grace period set by the hotel has expired, the hotel is entitled to withdraw from the contract. (2) The hotel must immediately inform the customer of the exercise of the right of withdrawal. (3) If the hotel withdraws justifiably, the purchaser is not entitled to compensation. § 6 Cancellation by the customer (1) Cancellations must be made in writing. (2) In the accommodation area (lodging and breakfast), the following applies to a cancellation by the customer: Cancellation outside of 60 days: 10% of the total amount Cancellation between 60-30 days: 20% of the total amount Cancellation between 30-14 days: 50% of the total amount Cancellation within 14 days: 100% of the total amount (3) A cancellation within the meaning of the above regulations also applies to a change in the scope of the contract due to non-arrival, late arrival or early departure. (4) Cancellation within the meaning of the above regulations also applies if the customer does not arrive. For bookings of two nights or more if the first night is not started, all subsequent nights of this reservation will be treated as a cancellation by the customer. The customer loses his claims from the underlying contract. § 7 Liability of the customer (1) The customer is liable for all damage to buildings or inventory caused by himself, his legal representatives and vicarious agents or fellow travelers. § 8th Liability of the hotel (1) Should faults or defects occur in the services of the hotel, the hotel will endeavor to remedy the situation immediately on the part of the contractual partner. If the contracting partner culpably fails to report a defect to the hotel, there is no entitlement to a reduction in the contractually agreed fee. (2) The hotel is liable according to the statutory provisions for all damage resulting from injury to life, limb and health as well as in the event of a guarantee on the part of the hotel and in the event of fraudulently concealed defects. (3) The hotel is only liable for all other damages that are not covered by Section 8 Paragraph 2 and are caused by the slightly negligent behavior of the hotel, its legal representatives or its vicarious agents if these damages result from the breach of a contractual obligation are. In these cases, liability is limited to the foreseeable damage typical for the contract. (4) The above limitations of liability apply to all claims for damages regardless of their legal basis, including claims from tort. The above limitations and exclusions of liability also apply in the event of any claims for damages by a contractual partner against employees or vicarious agents of the hotel. (5) The hotel is liable to the contractual partner for items brought in according to the statutory provisions, i.e. up to a hundred times the accommodation price, up to a maximum of € 3,500.00. Liability for valuables (cash, jewelry, etc.) is limited to € 500.00. The hotel recommends that you make use of the option of storing them in the room safe. The hotel assumes no liability for items that are deposited outside the room safe. (6) If the contract partner is provided with a parking space in the hotel garage or in a hotel car park, also for a fee, this does not result in a custody contract. The hotel does not have to be monitored. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, unless the hotel is responsible for intent or gross negligence. This also applies to vicarious agents of the hotel. The damage must be claimed against the hotel at the latest when leaving the hotel property. (7) Wake-up calls are carried out by the hotel with the greatest care. Claims for damages, except for gross negligence or intent, are excluded. (8) Messages, mail and consignments for the contractual partner and the participants of the event are handled with care. The hotel will take care of delivery, storage and – if requested – forwarding for a fee, as well as for lost and found items on request. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a storage period of one month at the latest, charging a reasonable fee. (9) Claims for damages by the contractual partner become statute-barred no later than two years from the point in time at which the contractual partner becomes aware of the damage or, regardless of this knowledge, no later than three years from the time of the damaging event. This does not apply to the liability for damage resulting from injury to life, limb or health as well as for other damage based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel. §9 Right of withdrawal If the customer is a consumer, he has a statutory right of withdrawal upon conclusion of a distance selling transaction or a contract concluded outside of business premises, about which the hotel will provide the following information in accordance with the legal model: (1) Right of withdrawal You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. To exercise your right of withdrawal, you must contact us AWA Hotel GmbH Schillerstrasse 10 80336 Munich Email: inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the model withdrawal form on our website or send us another clear explanation. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email). To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period has expired and for the goods to be returned via our online return center within the time limit defined below. For additional information regarding the range, content and explanations for exercise please contact (2) Consequences of cancellation If you cancel this contract, we have to repay all payments we have received from you immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. If you have requested that the services should start during the cancellation period, you have to pay us a reasonable amount, which is the proportion of the services already rendered in the service up to the point in time when you inform us of the exercise of the right of cancellation with regard to this contract Compares to the total scope of the services provided in the contract. (3) Exceptions to the right of withdrawal According to the legal regulation, there is no right of withdrawal, in particular for contracts for the provision of services in the areas of accommodation for purposes other than for residential purposes, the transport of goods, vehicle rental, delivery of food and beverages and for the provision of other services in connection with leisure activities if the contract for the provision stipulates a specific date or period. § 10 Dispute settlement (1) The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. More information is available at the following link:  We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board. § 11 Data protection regulations (1) All guidelines relating to data protection can be found in our separate data protection guidelines. § 12 Final provisions (1) Changes or additions to the contract, including this written form clause, must be made in writing. (2) The place of fulfillment and payment is the seat of the hotel. (3) Exclusive place of jurisdiction – also for check and exchange disputes in commercial transactions is the seat of the hotel. If the customer has no general place of jurisdiction in Germany, the place of jurisdiction is also the seat of the hotel. (4) German law applies. (5) Should individual provisions of these general terms and conditions be ineffective or void, this does not affect the effectiveness of the remaining provisions. The same applies to gaps in the contract. In addition, the statutory provisions apply. § 13 Cut-off period (1) Claims from the contractual relationship expire – unless there are compelling legal provisions – at the end of 3 months after the due date if they are not asserted in text form within this period. As of March 9, 2020