Terms and Conditions

As of July 2025

I. Scope

1. These General Terms and Conditions apply to contracts for the rental of “hotel rooms” as well as conference, banquet, and event rooms (hereinafter “premises”), and to all related services and supplies (hereinafter “services”) provided by Rhine Munich Opco GmbH (hereinafter “Hotel”) and the customer (hereinafter “Customer”; the Hotel and the Customer are hereinafter also collectively referred to as the “Parties”).
2. The Customer’s General Terms and Conditions shall apply only if the Parties have agreed to this in writing.

II. Conclusion of the Contract

Hotel offers are subject to change. The contract is concluded upon the hotel’s acceptance of the customer’s request. The hotel is not required to confirm the conclusion of the contract in writing.

III. Subletting / Type of Use

1. The subletting or re-letting of the hotel rooms, premises, spaces, or display cases provided, as well as the hosting of job interviews, sales events, or similar gatherings, requires the hotel’s prior written consent (Section 126b of the German Civil Code [BGB]). Section 540(1), sentence 2 of the German Civil Code [BGB] does not apply in commercial transactions.
2. The customer undertakes to inform the hotel immediately and without being asked, but no later than upon conclusion of the contract, as to whether the provision of services and/or the event, whether due to its political, religious, or other nature, is likely to attract public interest or adversely affect the hotel’s interests. Newspaper advertisements, other promotional measures, or publications that refer to the hotel and/or contain, for example, invitations to job interviews or sales events, generally require the hotel’s written consent. If the customer violates this duty to provide information or if a publication is made without such consent, the hotel has the right to cancel the event. In this case, Clause VI. 4. applies accordingly (payment of the agreed fee).

IV. Room Assignment, Handover, and Return

1. The customer has no right to a specific room unless the hotel has confirmed the availability of a specific room in writing.
2. Unless otherwise agreed with the customer, hotel rooms are available from 3:00 p.m. on the day of arrival (check-in time). The customer has no right to earlier availability. If the customer cannot arrive until the day following the start of the reservation, the hotel is only obligated to keep the rooms booked by the customer available until check-out time on that day if the customer notifies the hotel of their delayed arrival on the original arrival date.
3. On the day of departure, the rooms must be vacated by 12:00 p.m. at the latest (check-out time). If the rooms are not vacated on time, the hotel may charge half the room rate according to the price list for the additional use of the room until 6:00 p.m., and 90% of the full room rate according to the price list after 6:00 p.m. This does not give rise to any contractual claims between the hotel and the guest. However, the guest is entitled to prove that the hotel incurred no damage at all or only significantly lower damages.

V. Services / Prices / Payment / Set-off / Lien

1. The hotel is obligated to reserve the hotel rooms and facilities booked by the guest and to provide the agreed-upon services.
2. The guest is obligated to pay the hotel’s applicable or agreed-upon rates for the provision of services. This also applies to services requested by the guest and expenses incurred by the hotel on behalf of third parties. For the use of services within the hotel’s normal operations or restaurant area that require the provision of staff, the hotel is entitled to charge reasonable surcharges per hour or portion thereof after 12:00 a.m.
3. The agreed-upon prices include the applicable statutory value-added tax as well as any local taxes or fees, such as a lodging tax, provided that the guest uses the hotel rooms, premises, and other services of the hotel for private living and personal needs. Local charges that are personally owed by the guest under municipal law, such as visitor’s tax, are not included in the agreed-upon prices. With regard to contracts with non-private customers, the hotel reserves the right to quote and/or agree upon net prices.
4. If the period between the conclusion of the contract and the agreed arrival date exceeds four (4) months and the price generally charged by the hotel for the contractual service increases after the date of conclusion of the contract, the contractually agreed price may be increased appropriately, but by no more than 10%, without the customer’s consent. If the agreed price is increased by more than 10%, the customer is entitled to withdraw from the contract.
5. In the event of an increase in the statutory value-added tax rate applicable at the time the contract is concluded, the gross price of the service covered by the contract shall increase by the percentage difference between the respective value-added tax rates. Accordingly, in the event of a subsequent reduction in the statutory value-added tax rate, the gross price shall be reduced by this difference.
6. Invoicing shall be in euros. In the event of payment with foreign currency, exchange rate differences and bank charges shall be borne by the party obligated to pay.
7. Prices may be changed by the hotel if the customer subsequently requests changes to the number of booked rooms or premises, the hotel’s services, or the length of the guests’ stay, and the hotel agrees to such changes.
8. Hotel invoices without a due date are due within ten days of receipt of the invoice. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest. The hotel reserves the right to prove higher damages, and the customer the right to prove lower damages.
9. The hotel is entitled to demand a reasonable advance payment or security deposit at any time, for example in the form of a credit card guarantee. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
10. Notwithstanding the preceding Section 8 and provided that the amount of the advance payments and the payment dates are not otherwise agreed in writing in the contract, the following advance payments are deemed agreed:
a) for the accommodation of groups of 50 room nights or more
• 10% deposit upon conclusion of the contract as a guarantee, plus
• 50% deposit 90 calendar days prior to the group’s arrival, plus
• 30% deposit 30 calendar days prior to the group’s arrival,
• Balance upon presentation of the invoice and when due
b) for events with orders totaling 10,000 EUR or more (for room rental, overhead costs, food and beverage sales)
• 10% deposit upon signing the contract as a guarantee, plus
• 50% deposit 90 calendar days before the start of the event, plus
• 30% deposit 30 calendar days prior to the start of the event,
• Balance due upon presentation of the invoice and when due.
11. The customer may only offset claims against the hotel with an undisputed or legally established claim.
12. The hotel has a lien on all items brought into the hotel by the customer to secure its claims, § 704 BGB.

VI. No-Show / Withdrawal / Cancellation by the Customer

1. Subject to Clause VI, No. 4, the customer’s withdrawal from the contract concluded with the hotel requires the hotel’s written consent (§ 126b BGB).
2. For rented hotel rooms, subject to Clause VI, No. 4, the agreed fee is payable even if consent pursuant to paragraph 1 is not granted, the booking is canceled by the customer, or the customer fails to show up. The hotel is entitled to offset the value of the expenses saved as well as any benefits it derives from renting the room to another party. In the event of cancellation, subject to Clause VI, No. 4, the customer is generally obligated to pay 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board, and 60% for full-board arrangements. However, the customer is permitted to prove that the hotel incurred no damage at all or only significantly lower damages.
3. For rented premises, the agreed fee is payable, subject to Clause VI, No. 4, even if written consent pursuant to Section 1 is not provided, the booking is canceled by the customer, or the customer fails to appear. In the event of an unjustified withdrawal from the contract by the customer (cancellation), the hotel is entitled, after offsetting any expenses saved, 90% of the total order amount (including lost food revenue) for cancellations up to 4 business days before the start of the event, and 100% of the total order amount (including lost food revenue) for later cancellations. If no price has yet been agreed upon for the meals, the least expensive 3-course menu from the currently valid event offer shall serve as the basis. The customer retains the right to prove that no damage or significantly lower damage was incurred; the hotel reserves the right to prove higher damage.
4. The preceding provisions do not apply in the event of a breach by the hotel of its obligation to respect the customer’s rights, legal interests, and interests, if the customer can no longer reasonably be expected to remain bound by the contract or if the customer is entitled to any other statutory or contractual right of withdrawal.

VII. Cancellation by the Hotel

1. If a right of withdrawal for the customer has been agreed upon in writing within a specific time frame, the hotel is entitled, during this period, to withdraw from the contract if there are inquiries from other customers regarding the rooms and facilities booked under the contract and the customer does not waive their right to withdraw in response to inquiries from the hotel.
2. If and to the extent that advance payments have been agreed upon with the customer and the customer fails to make such payments even within a reasonable grace period set by the hotel with a warning of termination, the hotel is entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if
• force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible (such as a strike or power outage);
• rooms are booked based on misleading or false statements regarding material facts, e.g., concerning the guest’s identity or the purpose of the stay;
• the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational responsibility.
• the purpose or reason for the stay is unlawful.
• the customer sublets or re-lets the provided rooms or uses them for purposes other than accommodation without the hotel’s prior written consent.
4. The hotel’s right to claim damages remains unaffected by the cancellation.
5. In the event of a justified cancellation by the hotel, the customer has no claim to damages.

VIII. Number of Participants / Billing for Events

1. Upon conclusion of the contract, the customer is obligated to inform the hotel of the estimated number of participants for the planned event. Any change in the number of participants exceeding 5% must be communicated to the hotel no later than five business days before the start of the event; such a change requires the hotel’s written consent.
2. When calculating services that the hotel provides based on the number of registered persons (e.g., food, beverages, etc.), if the registered and contractually agreed number of participants increases, the actual number of persons will be charged.
3. A reduction in the number of participants by the customer of up to 5% will be recognized by the hotel in the final billing. For deviations exceeding this limit, the originally agreed number of participants minus 5% shall be used as the basis. The customer has the right to reduce the agreed price by the amount of expenses saved due to the lower number of participants, provided the customer can provide proof thereof.
4. If the agreed start and end times of the event are changed without the hotel’s prior written consent, the hotel may charge additional costs for the provision of services, unless the hotel is responsible for the change.
5. For events extending past 11:00 p.m., the hotel may bill for personnel costs from that time onward based on itemized documentation, provided that the agreed-upon fee does not already account for a duration extending past 11:00 p.m. Furthermore, the hotel may pass on employees’ travel expenses based on itemized documentation if they must travel home after public transportation has ceased operations.

IX. Bringing Food and Beverages to Events

1. Customers are not permitted to bring their own food and beverages to events. Exceptions require a written agreement. In such cases, a fee will apply. The hotel is not liable for damage caused by food brought onto the premises, unless the hotel is found to have acted with intent or negligence.
2. The hotel assumes no liability for damage caused by food and beverages taken away by the customer or third parties after an event, unless the hotel is found to have acted with intent or gross negligence.

X. Technical Equipment and Connections for Events

1. To the extent that the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it acts in the name, under the authority, and on behalf of the customer. The customer is liable for the careful handling and proper return of such equipment and indemnifies the hotel against all claims by third parties arising from the procurement and provision of this equipment, unless such claims are based on the hotel’s fault.
2. In the case of installations of technical structures and equipment, the hotel may require that these be inspected and approved by TÜV or a comparable inspection agency and that the customer promptly and without being asked submit the technical inspection certificate to the hotel.
3. The use of the customer’s own electrical equipment while utilizing the hotel’s power grid requires the hotel’s written consent. The hotel is entitled to charge a flat-rate usage fee for this. The customer is liable for any malfunctions or damage to the hotel’s technical systems caused by the use of their equipment, insofar as these do not fall within the hotel’s area of responsibility. If damage occurs to third-party property or to third parties, the customer alone is liable for this and shall indemnify the hotel against any claims by third parties.
4. With the hotel’s consent, the customer is entitled to use their own telephone, fax, and data transmission equipment; the hotel may charge a connection fee for this.
5. The hotel will remedy malfunctions in technical or other equipment provided by the hotel immediately, if possible. Payments may not be withheld or reduced unless the hotel is responsible for such malfunctions.
6. In the event of a musical performance arranged by the customer, the customer is obligated to submit the corresponding notifications and invoices to GEMA.
7. The customer must obtain the official permits required for an event in a timely manner at their own expense.

XI. Liability, Decorative Materials, and Exhibition Items at Events

1. The hotel must be notified of deliveries of materials for an event five (5) business days prior to delivery to ensure proper receipt and storage.
2. Any exhibition items or other personal belongings brought to the event venues or the hotel are there at the customer’s own risk. The hotel assumes no liability for loss, destruction, or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb, liberty, or health. Furthermore, all cases in which safekeeping constitutes a contractual obligation due to the circumstances of the individual case are excluded from this disclaimer of liability. Statutory liability pursuant to Sections 701 et seq. of the German Civil Code (BGB) remains unaffected.
3. Any decorative materials brought on-site must comply with fire safety requirements. The hotel is entitled to request official proof of this. If such proof is not provided, the hotel is entitled to remove any materials already brought in at the customer’s expense. Due to the risk of damage, the placement and installation of objects in the hotel must be coordinated with the hotel in advance.
4. The customer must remove any exhibition items or other objects brought in immediately after the event has ended. In the event of a breach of the obligation under sentence 1, the hotel is entitled to carry out the removal and storage at the contracting party’s expense or to charge a reasonable room rental fee for the duration of the items’ stay. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
5. Packaging materials (cardboard boxes, crates, plastic, etc.) delivered by the customer must be disposed of by the customer after the event or taken back. Should the customer fail to do so, the hotel may dispose of the packaging material at the customer’s expense.
6. The foregoing provisions also apply to items rented from third-party companies and brought into the hotel’s premises on behalf of the customer.

XII. Customer Liability for Damages

1. The customer is liable for any damage to the hotel’s building or furnishings caused by the customer, event participants or visitors, employees, or other third parties.
2. The hotel may require the customer to provide appropriate security (e.g., insurance, deposits, guarantees).

XIII. General Liability of the Hotel; Statute of Limitations

1. The hotel’s liability for its own fault and the fault of its vicarious agents—regardless of the legal basis, but subject to Section 2—is limited to intentional acts and gross negligence.
2. The hotel is liable for culpable injury to the life, limb, or health of a natural person even in cases of simple negligence. Furthermore, the hotel is also liable for the breach of a material contractual obligation due to mere negligence, though the total liability is limited to the financial losses that the hotel should have foreseen as a possible consequence of the breach of contract at the time the contract was concluded. Essential contractual obligations in the aforementioned sense are those obligations whose fulfillment is essential for the proper execution of the contract and the achievement of the contract’s purpose, and on whose compliance the customer may regularly rely in accordance with the content and purpose of the contract. The hotel bears unlimited liability for culpable injury to the life, limb, or health of a natural person. The same applies to any claims under the Product Liability Act.
3. Should the event, due to official orders in effect at the time of the event—in particular those aimed at containing the COVID-19 pandemic and/or a further wave of the COVID-19 pandemic and/or a subsequent pandemic—actually in whole or in part—for example, due to a ban on events and/or capacity restrictions in and/or hygiene regulations (such as social distancing rules, etc.) for the event venues that do not permit the event to take place—the parties agree that the hotel is not responsible for such impossibility. Against this background, the Hotel’s liability for the cancellation of the event is expressly excluded. This does not apply to injury to life, limb, or health, or in cases of gross negligence.
4. Items brought by the Customer are kept in the Hotel at the Customer’s own risk. The Hotel assumes no liability for loss, destruction, or damage, except in cases of gross negligence or intent.
5. Statutory liability pursuant to Sections 701 et seq. of the German Civil Code (BGB) remains unaffected by Clause 4. The hotel is liable to the guest for items brought into the hotel in accordance with statutory provisions, i.e., up to 100 times the room rate, with a maximum of EUR 3,500, and for cash, securities, and valuables up to EUR 800. Cash, securities, and valuables may be stored in the room safe up to a maximum value of the insurance sum of EUR 800 provided for the respective hotel. The hotel recommends that the guest make use of this option. Liability claims expire if the guest does not notify the hotel immediately upon becoming aware of loss, destruction, or damage, § 703 BGB.
6. Insofar as a parking space in the hotel garage or in a hotel parking lot is made available to the guest—whether free of charge or for a fee—this does not constitute a custody agreement within the meaning of §§ 688 ff. BGB. The hotel is not liable for the loss or damage of the vehicle or its contents, except in cases of intent or gross negligence.
7. The hotel carries out wake-up calls with the utmost care. Claims for damages not based on gross negligence or intent are excluded.
8. Messages, mail, and packages for guests are handled with care. The hotel assumes responsibility for delivery, storage, and—upon request—forwarding for a fee. Claims for damages not based on gross negligence or intent are excluded.
9. The statute of limitations for the customer’s claims is generally governed by statutory provisions. Notwithstanding § 195 BGB, the statute of limitations for all claims by the guest is one year. Excluded from this are claims for defects in the cases specified in § 438(1)(2) and § 634a(1)(2) BGB. Notwithstanding § 199(3)(1) BGB and § 199(4) BGB, claims for damages and other claims shall become time-barred five years after their accrual, regardless of knowledge or grossly negligent ignorance. The foregoing exceptions do not apply to claims for damages arising from injury to life, limb, health, or liberty, or if the hotel is guilty of intent or gross negligence.

XIV. Lost and Found

Items left behind will be forwarded only upon request. The hotel will hold onto items left behind for 6 months. After this period, the items will be handed over to the local lost and found office.

XV. Data Protection

Personal data is processed in accordance with the applicable data protection regulations. For more details, please refer to the hotel’s privacy policy, which is available at mercure.

XVI. Information on Consumer Dispute Resolution

In accordance with the Act on Alternative Dispute Resolution in Consumer Matters (VSBG), the hotel hereby notes that it is neither legally obligated nor voluntarily willing to participate in dispute resolution proceedings before a consumer arbitration board.

XVII. Final Provisions

1. Any amendments or additions to the contract for the rental of hotel rooms or to these General Terms and Conditions must be made in writing to be valid.
2. The place of performance and payment is the registered office of the hotel’s operating company.
3. The exclusive place of jurisdiction—including for disputes involving checks and bills of exchange—in commercial transactions is the registered office of the hotel’s operating company. If a contracting party meets the requirements of § 38 (2) ZPO and has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction shall be the registered office of the hotel’s operating company.
4. The law of the Federal Republic of Germany applies. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws provisions is excluded.
5. Should individual provisions of these General Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions.