General Terms and Conditions

Status: July 2025

I. Scope of application

1 These General Terms and Conditions apply to contracts for the rental of “hotel rooms” as well as conference, banquet and event rooms (hereinafter referred to as “premises”) as well as for all other associated services and deliveries (hereinafter referred to as “provision of services”) of Rhine Munich Opco GmbH (hereinafter referred to as “hotel”) and the customer (hereinafter referred to as “customer”; hotel and customer are hereinafter also referred to together as “parties”).
2. General terms and conditions of the customer shall only apply if the parties have agreed this in writing.

II Conclusion of contract

Offers made by the hotel are non-binding. The contract is concluded upon acceptance of the customer’s request by the hotel. The hotel is not obliged 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, areas or showcases provided as well as invitations to job interviews, sales or similar events require the prior consent of the hotel in text form (§ 126b BGB). § Section 540 (1) sentence 2 BGB does not apply in commercial transactions.
2. The customer undertakes to inform the hotel immediately and without being asked, but at the latest upon conclusion of the contract, whether the provision of services and/or the event, whether due to its political, religious or other character, is likely to cause public interest or prejudice the interests of the hotel. Newspaper advertisements, other advertising measures or publications which have a connection to the hotel and/or which contain, for example, invitations to job interviews or sales events, generally require the written consent of the hotel. If the customer breaches this duty of disclosure 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 provision, handover and return

1. the customer does not acquire any claim to the provision of specific rooms unless the hotel has confirmed the provision of a specific room in writing.
2. unless otherwise agreed with the customer, hotel rooms are available from 3 p.m. on the day of arrival (check-in time). The customer is not entitled to earlier availability. If the customer can only arrive on the day following the start of the booking, the hotel is only obliged to keep the rooms booked by the customer free until the check-out time on this day if the customer informs the hotel of his late arrival on the original day of arrival.
3. On the day of departure, the rooms must be vacated by 12 noon 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 p.m. and 90% of the full room rate according to the price list after 6 p.m. This shall not give rise to any contractual claims between the hotel and the customer. However, the customer is entitled to prove that the hotel has incurred no loss at all or a significantly lower loss.

V. Services / Prices / Payment / Offsetting / Right of lien

1. the hotel is obliged to keep the hotel rooms and premises booked by the customer available and to provide the agreed services.
2. the customer is obliged to pay the hotel’s applicable or agreed prices for the provision of services. This also applies to services and expenses of the hotel to third parties arranged by the customer. For the use of services in the normal hotel operation or restaurant area that require the provision of staff, the hotel is entitled to charge reasonable surcharges per hour or part thereof after midnight.
3. The agreed prices include the applicable statutory VAT and any local taxes or duties, e.g. accommodation tax, insofar as the customer uses the hotel rooms, premises and other services of the hotel for private living and personal needs. Local taxes that are owed personally by the guest under local law, such as visitor’s tax, are not included in the agreed prices. With regard to contracts with non-private customers, the hotel reserves the right to state and/or agree net prices.
4. If the period between the conclusion of the contract and the agreed date of arrival exceeds four (4) months and if the price generally charged by the hotel for the contractual service increases after the time 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 shall be entitled to withdraw from the contract.
5. In the event of an increase in the rate of statutory VAT applicable at the time of conclusion of the contract, the gross price of the contractual service shall be increased by the percentage difference in the respective VAT rates. Accordingly, if the rate of statutory VAT is reduced again, the gross price shall be reduced by this difference.
6. Invoicing shall be carried out in the EURO currency. In the event of payment with foreign means of payment, the exchange rate differences and bank charges shall be borne by the party obliged to pay.
7. The prices may be changed by the hotel if the customer subsequently requests changes to the number of rooms or premises booked, the hotel’s services or the duration of the guests’ stay and the hotel agrees to this.
8. Hotel invoices without a due date are due for payment 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, the customer reserves the right to prove lower damages.
9. The hotel is entitled to demand an appropriate advance payment or security deposit, for example in the form of a credit card guarantee, at any time. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
(10) Notwithstanding clause 8 above and unless the amount of the advance payments and the payment dates are agreed otherwise in writing in the contract, the following advance payments shall be 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 before arrival of the group, plus
– 30 % deposit 30 calendar days before arrival of the group,
– Remainder after presentation of the invoice and when due
b) for events with an order volume of EUR 10,000 or more (for room rental, framework costs, food and beverage sales)
– 10 % deposit upon conclusion of the contract as a guarantee, plus
– 50 % deposit 90 calendar days before the start of the event, plus
– 30 % deposit 30 calendar days before the start of the event,
– remainder after presentation of the invoice and when due.
11. the customer may only offset claims of the hotel against undisputed or legally established claims.
12. the hotel has a lien on all items brought into the hotel by the customer for its claims, § 704 BGB.

VI. non-appearance / withdrawal / cancellation by the customer

1. subject to clause VI. no. 4, withdrawal by the customer from the contract concluded with the hotel requires the hotel’s consent in text form (§ 126b BGB).
2. subject to clause VI. no. 4, the agreed remuneration for rented hotel rooms must also be paid if consent pursuant to no. 1 is not given, the booking is canceled by the customer or the customer does not appear. The hotel must take into account the value of the expenses saved as well as the benefits it obtains from renting the room to another party. Subject to clause VI. no. 4, in the event of withdrawal the customer is generally 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. However, the customer is permitted to prove that the hotel has incurred no loss at all or a significantly lower loss.
3. Subject to clause VI. no. 4, the agreed fee for rented rooms must also be paid if the written consent pursuant to clause 1 is not given, the booking is canceled by the customer or the customer does not appear. In the event of unjustified withdrawal from the contract by the customer (cancellation), the hotel is entitled to demand 90% of the total order amount (including lost food sales) in the event of cancellation up to 4 working days before the start of the event and 100% of the total order amount (including lost food sales) in the event of later cancellation, taking into account any expenses saved. If no price has yet been agreed for the food, the cheapest 3-course menu of the respective valid event offer shall be used as a basis. The customer reserves the right to prove that no loss at all or a significantly lower loss has been incurred; the hotel reserves the right to prove a higher loss.
4. The above clauses shall not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract or is entitled to any other statutory or contractual right of withdrawal.

VII Cancellation by the hotel

1. if a right of withdrawal of the customer within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and premises and the customer does not waive his right of withdrawal upon inquiry by the hotel.
2. if and to the extent that advance payments have been agreed with the customer and the customer fails to make such payments within a reasonable grace period set by the hotel with a warning of refusal, the hotel shall be 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 for which the hotel is not responsible make it impossible to fulfill the contract (such as strikes or power failures);
– rooms are booked under misleading or false statements of material facts, e.g. regarding the person of the guest or the purpose; – the hotel has reasonable grounds to believe that the use of the hotel’s services will jeopardize the smooth operation of the hotel’s business, security or reputation.
– 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.
– the purpose or reason for the stay is unlawful.
– the customer sublets or re-lets the rooms provided or uses them for purposes other than accommodation without the prior written consent of the hotel.
4. the right of the hotel to claim damages is not affected by the withdrawal.
5 In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VIII Number of participants / billing for events

1. the customer is obliged to inform the hotel of the expected number of participants in the planned event upon conclusion of the contract. A change in the number of participants by more than 5% must be communicated to the hotel no later than five working days before the start of the event; it requires the written consent of the hotel.
2. When charging for services provided by the hotel according to the number of persons registered (e.g. for food, drinks, etc.), the actual number of persons shall be charged in the event of an increase in the registered and contractually agreed number of participants
3. A reduction in the number of participants by the customer by a maximum of 5% shall be recognized by the hotel when invoicing. In the event of deviations exceeding this, the originally agreed number of participants less 5% shall be taken as a basis. The customer has the right to reduce the agreed price by the expenses saved due to the lower number of participants, which he must prove.
4. If the agreed start and end times of the event are postponed without the prior written consent of the hotel, the hotel may charge additional costs for the provision of services, unless the hotel is responsible for the postponement.
5In the case of events that extend beyond 11:00 p.m., the hotel may invoice the personnel expenses from this time onwards on the basis of an itemized bill, provided that the agreed remuneration does not already take into account a period of time beyond 11:00 p.m.. Furthermore, the hotel may, on the basis of the itemized invoice, charge travel costs incurred by employees if they have to make their way home after public transport has closed.

IX. Taking food / drinks to events

1. the customer may not bring food and drinks to events. Exceptions require a written agreement. In this case, a fee will be charged. The hotel shall not be liable for any damage caused by food brought into the hotel, unless the hotel has acted with intent or negligence.
2. The hotel accepts no liability for damage caused by food and beverages taken away by the customer or third parties after an event, unless the hotel has acted with intent or gross negligence.

X. Technical equipment and connections for events

1. insofar as the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it acts in the name, on behalf of and for the account of the customer. The customer is liable for the careful handling and proper return and indemnifies the hotel from all claims of third parties arising from the procurement and provision of these facilities, unless these claims are based on a fault of the hotel.
2. In the case of installations of technical superstructures and equipment, the hotel may demand that these be approved by the TÜV or a comparable testing company and that the customer submits the technical test certificate to the hotel immediately and unsolicited.
3. The use of the customer’s own electrical equipment using the hotel’s electricity network requires the hotel’s written consent. The hotel is entitled to charge a flat-rate usage fee for this. The customer shall be liable for any faults or damage to the hotel’s technical equipment caused by the use of the customer’s equipment, insofar as these are not the responsibility of the hotel. If damage occurs to third-party property or to third parties, the customer shall be solely liable for this and shall indemnify the hotel against third-party claims.
4. With the hotel’s consent, the customer is entitled to use his own telephone, fax and data transmission equipment; the hotel may charge a connection fee for this.
5. The hotel shall remedy any faults in technical or other equipment provided by the hotel as soon as possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these malfunctions.
6. The customer is obliged to make the corresponding notifications and settlements with GEMA in the case of music performances arranged by him.
7. The customer must obtain the official permits required for an event in good time at his own expense.

XI. Liability, decoration material, exhibits at events

1. the hotel must be notified of deliveries of material for an event five (5) working days prior to delivery in order to ensure acceptance and appropriate storage.
2. any exhibition or other items, including personal items, are kept in the event rooms or in the hotel at the customer’s risk. The hotel accepts no liability for loss, destruction or damage, including for financial losses, 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, freedom or health. In addition, all cases in which the safekeeping represents a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability. The statutory liability according to §§ 701 ff. BGB remains unaffected.
3. Any decoration material brought along must comply with fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel is entitled to remove any material already brought in at the customer’s expense. Due to possible damage, the installation and attachment of objects in the hotel must be agreed with the hotel in advance.
4. The customer must remove any exhibits or other objects brought in immediately after the end of the event. In the event of a breach of the obligation under sentence 1, the hotel shall be entitled to remove and store the items at the expense of the contracting party or to charge an appropriate room rental fee for the duration of the stay. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.
5. Packaging material (cardboard boxes, crates, plastic, etc.) delivered by the customer must be disposed of or taken away by the customer after the event. Should the customer fail to do so, the hotel may dispose of the packaging material at the customer’s expense.
6. The above provisions also apply to items rented from external companies and brought into the hotel’s rooms on behalf of the customer.

XII. Liability of the customer for damages

1. the customer shall be liable for all damage to the hotel’s building or inventory 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 is limited to intent and gross negligence – regardless of the legal grounds, but subject to clause 2.
2. the hotel is also liable for culpable injury to life, limb or health of a natural person in the event of simple negligence. In addition, the hotel shall also be liable for the breach of a material contractual obligation due to simple negligence, however, limited in amount to the pecuniary disadvantages which the hotel should have foreseen as a possible consequence of the breach of contract upon conclusion of the contract. 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 purpose of the contract and on whose compliance the customer may regularly rely on the content and purpose of the contract. The hotel shall be liable without limitation for culpable injury to life, limb or health of a natural person. The same applies to any claims under the Product Liability Act.
3. If the event cannot actually be held, in whole or in part, due to official orders in force at the time of the event, in particular those to contain the COVID-19 pandemic and/or a further wave of the COVID-19 pandemic and/or a subsequent pandemic – for example due to a ban on events and/or capacity restrictions in and/or hygiene regulations (such as distance regulations etc.) for the event rooms, which do not allow the event to be held – the parties agree that the hotel is not responsible for such impossibility. Against this background, any liability of the hotel for the cancellation of the event is expressly excluded. This does not apply to injury to life, limb or health or due to gross negligence.
4. Any items carried by the customer are located in the hotel at the customer’s risk. The hotel accepts no liability for loss, destruction or damage, except in cases of gross negligence or intent.
5. The statutory liability pursuant to §§ 701 ff. BGB remains unaffected by clause 4. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to 100 times the room rate, up to a maximum of EUR 3,500, and for money, securities and valuables up to EUR 800. Money, securities and valuables may be stored in the room safe up to a maximum value of the sum insured for the respective hotel of EUR 800. The hotel recommends that the customer makes use of this option. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage, § 703 BGB.
6. Insofar as the customer is provided with a parking space in the hotel garage or in a hotel parking lot – whether free of charge or for a fee – this does not constitute a safekeeping contract within the meaning of §§ 688 ff. BGB (German Civil Code). The hotel is not liable for loss of or damage to 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 that are not based on gross negligence or intent are excluded.
8. Messages, mail and consignments for customers are handled with care. The hotel shall be responsible for delivery, storage and – on request – forwarding for a fee. Claims for damages that are not based on gross negligence or intent are excluded.
9. The limitation period for the customer’s claims is generally based on the statutory provisions. In deviation from § 195 BGB, the limitation period for all claims of the customer is one year. Excluded from this are claims due to a defect in the cases of § 438 Para. 1 No. 2 and § 634a Para. 1 No. 2 BGB. Notwithstanding § 199 para. 3 no. 1 BGB and § 199 para. 4 BGB, claims for damages and other claims shall become time-barred five years after they arise, irrespective of knowledge or grossly negligent ignorance. The above exceptions do not apply to claims for damages due to injury to life, limb, health or freedom or if the hotel is guilty of intent or gross negligence.

XIV Lost property

Items left behind will only be forwarded on request. The hotel will keep items left behind for 6 months. After this time, the items will be handed over to the local lost and found office.

XV Privacy

Personal data is processed in accordance with the applicable data protection regulations. Details can be found in the hotel’s Privacy Policy, which is available at https://www.mercure-hotel-muenchen-sued-messe.de.

XVI Information on consumer dispute resolution

With regard to the law on alternative dispute resolution in consumer matters (VSBG), the hotel points out that it is neither legally obliged nor voluntarily willing to participate in a dispute resolution procedure before a consumer arbitration board.

XVII Final provisions

1. Amendments or additions to the contract for the rental of hotel rooms or these General Terms and Conditions must be made in writing to be effective.
2. The place of performance and payment is the registered office of the hotel’s operating company.
3. The exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – in commercial transactions is the registered office of the hotel’s operating company. If a contractual partner fulfills the requirements of § 38 para. 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 shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws 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.