These terms and conditions apply to contracts for our hotel rooms and serviced apartments including all other services and supplies provided to our guests by the hotel. The wording “hotel” replaces in the following context the wording myMINGA Hotel & serviced apartments.
a) Subletting or re-letting of the hotel room or apartment rented, as well as its use for purposes other than accommodation, the prior agreement of the hotel in written form is required, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) applies, if the guest is not a consumer.
b) Terms and conditions of the guest or a commercial contractual partner shall only apply if this has been agreed in writing before the upcoming stay.
The contractual partner for myMINGA (Augsburgerstraße 14, D-80337 Munich) is myMINGA Hotel & serviced Apartments c/o Hotel Fritz Müller GmbH, Lindwurmstraße 11, (or postal address: Augsburgerstraße 14), D-80337 Munich, VAT ID: DE161239074, or the management company Steinberg-HGBB GmbH as their assigned legal representation. Any credit card debits/payments will be made in the name of the operating company named above.
In case of cancellation, the guest can contact the hotel through the following ways:
The contract is concluded by the hotel's acceptance of the guest's application. The hotel is free to confirm the room or apartment booking in written form. The contracting parties are the hotel and the guest or the commercial partner. If a third party has ordered on behalf of the guest, he will be liable together with the guest to the hotel as joint and several debtors for all obligations occurenced by the accommodation contract.
Booking confirmations for the rooms or apartments can be issued by the hotel for a maximum rental period of 6 months (max. 180 nights).
Regrettably, longer stays without interruption of more than 6 months (or more than 180 days) in the same room/ apartment are due to rules and regulations of the City of Munich not possible. However, there is the possibility of follow-up bookings or completely new booking requests on base of for a confirmed new and separate reservation contract.
All claims against the hotel are generally limited to a period of one year from the beginning of the statutory limitation period. Claims for damages are limited to a limitation period of five years, independently of knowledge. The reductions in the statute of limitations do not apply to claims which are based on an intentional or negligent breach of duty by the hotel.
In case of group bookings, a separate group booking contract must be concluded, which, in case of an objection, will have priority over all points mentioned above in the General Terms and Conditions.
The hotel is obligated to keep the rooms available which have been booked by the guest and to provide the agreed services. The guest is obligated to pay in advance the prices of the hotel applicable or agreed upon for the rental of the rooms and the services used by the guest. This also applies to services and expenses of the hotel to third parties arranged by the guest/contractual partner. The agreed prices include the respective legally valid value added tax. If the rate of value added tax changes on the day the service is rendered, the respective agreed prices will change accordingly. The hotel is entitled to charge the increase in value added tax subsequently.
If the period between the conclusion of the contract and the performance of the contract exceeds four months/120 days and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but no more than a maximum of 5%. Prices may also be changed by the hotel if the guest/contractual partner subsequently requests changes in the number of rooms booked, the hotel's services or the guests' length of stay. Therefore the agreement of the hotel has to be implied.
Invoices/expenses of the hotel without due date have to be payed immediately upon receipt of the invoice without delay. The hotel is allowed to charge pending payments at any time and demand the settlement of open invoices immediately.
In case of default in payment, the hotel is entitled to charge the legally applicable statutory default interest in the amount of currently 8%. In case of legal transactions involving the consumer in the amount of 5% above the base interest rate.
The hotel reserves the right to provide evidence of higher damage. The hotel is entitled to demand a reasonable advance payment or security deposit within conclusion of the contract or thereafter. The amount of the advance payment and the payment dates can be agreed in writing in the contract. The guest can only set off, withhold or reduce a claim of the hotel with an undisputed or legally binding claim.
Cancellation of the guest/contractual partner from the contract concluded with the hotel requires the written confirmation of the hotel to the ways mentioned in point 3. If this has not been done, 90% of the agreed price of the first night under the contract must be paid even if the guest/contractual partner does not use contractual services.
This shall not apply in the event of a breach of the hotel's obligation to consider the rights, legal interests and interests of the guest/contractual partner. Also if the guest/contractual partner can no longer reasonably be expected to adhere to the contract as a result or if the guest/contractual partner is entitled to any other statutory or contractual right of withdrawal. If a date for withdrawal from the contract has been agreed in writing between the hotel and the guest/contractual partner, the guest/contractual partner may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel.
The guest's/contractual partner's right to withdraw from the contract expires if he does not use his right to withdraw from the contract in writing to the hotel by the agreed date, unless there is a case of the customer's withdrawal. In the case of rooms not used by the guest/contractual partner, the hotel shall credit the income from renting the rooms to other parties as well as the saved expenses.
The hotel is free to demand the contractually agreed payment and to make a flat-rate deduction for saved expenses. In this case, the guest has to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast. Unless otherwise agreed, the following cancellation conditions are free of charge:
In case of booking “online”, the guest has a right to cancel or change the booking free of charge within 24 hours once.
Cancellation of the guest from the hotel accommodation contract concluded with the hotel is excluded. Cancellation of the hotel accommodation contract requires the written consent of the hotel. If this is not done, the agreed price from the contract/confirmation is to be paid even if the guest/contractual partner does not make use of contractual/confirmed services.
If a date for free cancellation of the contract/confirmation has been agreed in writing between the hotel and the guest/contractual partner, the guest/contractual partner may cancel the booking up to that date without triggering payment or damage compensation claims by the hotel. The guest/contractual partner is free to prove that the claim did not arise or did not arise in the required amount.
For bookings with a length of stay longer than one month (minimum 28 nights), the following cancellation conditions apply:
Cancellation can only be made before the start of the contract (before the arrival date). For the first monthly charge a refund is not possible. In case of cancellation before the occupancy date, the whole amount of the first month's rate must be paid. Termination can only be made after the start of the contract (arrival date). For bookings, both parties have the right to cancel the contract with 14 days (2 weeks) notice on any date.
If the right of withdrawal – free of charge - of the guest/contractual partner within a certain period of time has been agreed upon in writing, the hotel is also entitled to withdraw from the contract within this period of time if there are requests from other guests for the contractually booked rooms and the contractual partner does give up his right of withdrawal upon inquiry by the hotel.
If an agreed advance payment is not made in due time, the hotel is also entitled to withdraw from the contract. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract. If rooms are booked under misleading or false statements of material facts, e.g. in the person of the guest or the purpose, the hotel has reasonable cause to believe that the use of the accommodation services may disrupt the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the control or organizational sphere of the hotel.
The hotel has to notify the guest/contractual partner of the exercise of the right of withdrawal immediately. In case of a justified withdrawal by the hotel, the customer shall have no claim to indemnity. The guest/contractual partner acknowledges the hotel's domiciliary rights upon conclusion of a reservation contract.
The guest/contractual partner does not acquire any right to the provision of certain rooms. Booked rooms are available to the customer from 14:00 on the agreed arrival day. He has no right for an earlier provision. On the agreed departure day, the rooms/apartments must be cleared and made available by 12:00 noon at the latest. Thereafter, the hotel may charge 50% of the full daily rate for the use of the room in excess of the contract until 6:00 p.m. due to the late vacating of the room, and 100% after 6:00 p.m. Contractual claims of the guest/contractual partner are not justified by this. The guest/contractual partner is free to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
The hotel is liable for its obligations under the contract with the diligence of a reliable businessman. Claims of the contractual partner for damages are excluded. Excepted from this are damages from injury to life, body or health, if the hotel is responsible for the breach of duty and other damages based on intentional or grossly intentional breach of duty by the hotel.
A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the contract partner. The guest/contractual partner is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.
The hotel shall be liable for items brought into the hotel in accordance with the statutory provisions, up to a maximum of one hundred times the room rate, up to a maximum of € 3.500,00, and for money and valuables up to a maximum of € 800,00. Liability claims expire, if the guest does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB).
If the hotel's own parking spaces are available, even for a fee, this does not constitute a custody agreement. In case of loss/damage/breaking open of parked or maneuvered motor vehicles, motorcycles & bicycles in the hotel's own parking areas, the hotel shall not be liable, except in case of intent or gross negligence. The above paragraph a) sentences 2 to 4 apply accordingly.
Messages, mail & merchandise for the guest/contractual partner will be placed at clearly defined locations in the establishments for collection. However, the hotel assumes no responsibility for proper delivery/transmission. This does not constitute a safe storage order.
No liability is assumed for lost items. They will only be returned upon request and in case of a need of postage sending it will be charged. The hotel fullfills an obligation for a retention period of three months.
Changes and additions to the contract, the acceptance of the application or these general terms and conditions for accommodation must be in a written form. This also applies to the cancellation of this written form clause. Unilateral amendments or supplements by the contractual partner are invalid. Place of performance and payment is Munich, as well as the exclusive place of jurisdiction - also for check and bill disputes. If a contractual partner fulfills the prerequisite of § 38 paragraph 1 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, Munich shall also be the place of jurisdiction. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. Should individual provisions of these General Terms and Conditions for 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.
Status: March 2022
