Terms and Conditions
1. Scope and Definitions
1.1 These Terms and Conditions (T&C’s) govern the contractual relationship between Adina Germany Holding GmbH & Co. KG (referred to as the "Provider") and the Guests for the rental of hotel rooms in the MM:NT Hotels operated by the Provider and its subsidiaries (individually referred to as the "Hotel"). These T&Cs also apply to the provision of other services (collectively referred to as the "Services") by the Provider to the Guests as part of the MM:NT Hotel experience.
1.2 By accepting these T&Cs, during booking or when invited to download the MM:NT digital concierge App ("App"), the Guest agrees to these T&Cs and acknowledges that they form an integral part of the contractual relationship between the Provider and the Guest. Terms and Conditions of Guests shall not apply, unless this has been expressly agreed in advance in writing between the Guest and the Provider.
1.3 The term “Guest” collectively refers to the primary occupant responsible for the reservation (also referred to as “Customer”) and any fellow travelers associated with the booking.
1.4 The MM:NT digital concierge App ("App") is a mobile application provided by the Provider, which allows Guests to access the Hotel, utilize various services, and enhance their stay experience.
1.5 The Provider refers to Adina Germany Holding GmbH & Co. KG and its subsidiaries operating the Hotel(s) and providing the Services to the Guests.
2. General Provisions and Requirements
2.1 Customers requesting to book a room must be at least 18 years of age when placing the request. Guests who are Minors must have parent or legal guardian’s permission to stay at the MM:NT Hotel and to use the Services offered by the Provider. The Provider has taken technical safeguards to protect Minors under the age of 16 during their stay. The Customer and the Guest guarantee to provide only accurate information regarding their eligibility and all personal information, including but not limited to with regards to the identity and age of the Guests.
2.2 To Access the Hotel and rooms, Guests will be provided with a link to download the MM:NT digital concierge App ("App"). The App requires a mobile device with an Internet connection and an iOS or Android operating system in its current version. Guests are solely responsible for the functioning of their mobile device and for making sure that no third party has access to the personal key registered with the App.
2.3 In order to use the App you must register an account (“Registration”). You can finish the registration process by clicking on the link in the registration email sent to you by the Provider. Upon creation of your personal user account, you can login with the password you have chosen. You must not provide your password to any third party and protect it from unintended disclosure.
3. Conclusion of Contract
3.1 Any Accommodation Agreement between the Provider and the Guests shall only be concluded upon the Provider's acceptance of the Customer's binding request to book a room at the Hotel selected by the Customer. The Provider's declaration of acceptance shall be sent to the Customer by e-mail upon completion of the online booking process. It is expressly pointed out that a confirmation of the booking in the online booking window only refers to the receipt of the Customer's booking request and does not constitute a contract with the Provider.
3.2 Guests do not acquire a right to the provision of specific rooms unless this has been separately agreed in writing.
3.3 Subject to eligibility (e.g. age requirements) Guests may purchase additional – fee based – services such as self-service bar ordering, concierge assistance, and other functionalities as determined by the Provider and adjusted from time to time via the App. Guests’ selection is summarized in a final order overview, including information about the type and number of Services selected, individual and total purchase price of the order. Guest may correct any errors detected in the order summary before the purchase is completed. By pressing the button "order and pay now" you are placing a binding request to purchase the selected Services. The Provider's declaration of acceptance shall be provided by confirmation in the App.
3.4 Customer and Guests shall be jointly and severally responsible for complying with these T&Cs insofar as legally permissible.
4. Subject Matter
4.1 Accommodation to Guests is provided solely for the purpose of providing temporary accommodation and not to meet general housing needs or to establish a permanent center of life. The latter will remain at the registered address provided by the Guest.
4.2 Guests may use the common areas of the Hotel in addition to the booked rooms. The rules of use pursuant to Section 11 of these Terms and Conditions shall apply.
4.3 Any subletting or re-letting of the rooms as well as using the rooms or common areas of the Hotel for purposes other than accommodation (such as parties, commercial or corporate events, conferences, job interviews, sales or marketing events) shall require the prior written consent of the Provider and may be made dependent on the payment of additional remuneration. Section 540, paragraph 1, sentence 2 of the German Civil Code (BGB) shall not apply.
4.4 Guests are obliged to inform the Provider without request, at the latest at the time of the conclusion of the contract, if the use of the Services offered by the Provider is likely to jeopardise the smooth running of the business, the safety or the public reputation of the Provider or the Hotel.
4.5 Customer shall be provided with a digital access key to access the common areas of the hotel and the booked rooms via the MM.NT digital concierge App (“App”). Additional digital access keys for Guests may be requested during the booking process or subsequently. Customer and Guest warrant to provide truthful information about the age of additional Guests.
4.6 Due to the nature of the internet and technological infrastructures, Provider cannot and does not guarantee that the App will always be available without any interruption or delay. The availability of the App is dependent on the availability and of the app store from which you can download the App.
4.7 Provider reserves the right to change the App and the functions contained therein to improve the user experience or for other reasons. For this purpose, Provider can remove individual functions from the App, add new functions or replace existing functions with others.
5. Check-In and Check-Out
5.1 To verify the identity of the guest and to comply with the legal obligations, Guests will be requested to provide a valid identification document (for domestic guests an identity card or passport; for foreign guests the passport) as well as other information legally required at check-in via the App. If the information provided regarding identity and age of a Guest cannot be clarified beyond doubt due to missing or false documents or willful manipulation during booking or digital check-in, the Provider is entitled to cancel the booking and to deny the Guest access to the Hotel.
5.2 Irrespective of the agreed check-in time for the booked rooms, the digital access key to the hotel shall be activated by the Provider from 8:00 a.m. on the agreed day of arrival. From this time on, Guests may enter and use the common areas of the Hotel. At 20:00 on the agreed day of departure, the digital access key to the hotel will be deactivated. Guests are not permitted to remain in the Hotel common areas after this time.
5.3 At 14.00 on the agreed day of arrival ("Regular Check-In"), the digital access key to the booked rooms shall be activated by the Provider. Subject to availability and confirmation from the Provider, the Guest may, at the time of booking and by paying an appropriate surcharge on the payment as indicated during booking, request an earlier check-in before 14.00 on the agreed day of arrival ("Early Check-In"). In this case the digital key to the booked rooms will be activated at 08:00 on the agreed day of arrival.
5.4 Booked rooms must be vacated by the Guest by 11:00 am on the agreed day of departure. At this time, the digital access key for the booked room will be deactivated, without prejudice to Section 5.2 above. Subject to availability and confirmation from the Provider, Customer may request to check out later than 11:00 am on the agreed day of departure ("Late Check-Out") against payment of a corresponding surcharge on the remuneration during the booking process.
5.5 If the Guest has not vacated the booked rooms by 11:00 am at the latest in the case of a Regular Check-Out or by 18:00 on the agreed day of departure in case of a Late Check-Out, the Provider is entitled to vacate the rooms. Items left behind by Guests in the room are subject to Section 10.7 and 10.8 of these T&Cs.
6. Costs for unauthorized use after agreed Check-Out
6.1 If Guests use the booked rooms beyond the agreed check-out time in violation of these Terms and Conditions, Provider shall be entitled to compensation of 50% of the room price per night of the original reservation and if Guests use the room for more than 3 hours after the agreed upon check-out time, the Provider is entitled to compensation of 100% of the room price per night of the original reservation.
6.2 Such use shall not give rise to any contractual claims on the part of the Guest.
6.3 Customer is expressly free to prove that the Provider has no or significantly lower claims for compensation.
7. Prices, Payments and Offsetting
7.1 The prices indicated at the time of the booking or purchase of additional services shall apply. The Provider reserves the right to modify the, but such modifications will not affect bookings that have already been confirmed.
7.2 Prices may be subject to change if the Customer subsequently requests a change in the number of rooms booked, services or the length of the stay, provided that the Provider agrees.
7.3 Indicated prices include value added tax.
7.4 The Guest acknowledges and agrees that prices for accommodation as well as additional other services are due and payable upfront. Subsequent additional services, including third-party services, can be purchased by the Guest via the App. Payment for such services will be debited by the Provider using the electronic means of payment specified by the Guest. Invoices for all booked Services of the Provider will be sent to the Guest in text form by e-mail upon check-out and can also be accessed in the Guests' account in the App.
7.5 When rooms and other services are provided at no cost during the trial period, Customer agrees to participate in Guest questionnaires, surveys and interviews and consents to the Provider using such information for internal market and opinion research. Customer grants Provider the right to use the information provided by Customer in connection with market and consumer research - free of charge, irrevocable, exclusive, worldwide, unrestricted and transferable.
7.6 The payment methods and means available for the booking are displayed in the booking process and in the App. The processing of payment via electronic means is carried out by the external payment service Provider Adyen N.V., a company registered with the Dutch Chamber of Commerce under number 34259528 and having its seat at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands (hereinafter referred to as “Adyen”). In case of a payment via the Internet, Adyen will process the Guest's credit/debit card data, charge the card, and return the collected amount to Provider. Cash-Payments are not accepted.
7.7 Only undisputed or legally established claims may be set off or reduced against a claim of the Provider. This applies accordingly to the Customer's right to withhold payment. Any claims of the Customer against the Supplier based on the law of unjust enrichment shall remain unaffected.
8. Cancellations and No-Shows
8.1 Revoking requires the written consent of the Provider. Without such a declaration by the Provider, the agreed price from the contract must be paid, even if the Guest does not make use of the contractual services of the Provider. This does not apply if the Customer has a statutory or contractual right of revocation.
8.2 During the booking process, Customer has the right to choose between a contract with or without free cancellation.
8.2.1 In the case of bookings made without the possibility of free cancellation, the Provider's claim to payment of the agreed remuneration shall remain valid even if the Guest fails to make use of the services offered by the Provider (No-Show).
8.2.2 For bookings with free cancellation, the Customer may cancel the entire contract free of charge up to 24 hours before the agreed check-in time. In this case, the Provider shall refund the agreed payment. If the Customer cancels less than 24 hours before the start of the agreed check-in period, the Supplier retains the right to the payment for the first night. For further nights, the Supplier shall refund the Customer the agreed payment. The Customer is expressly free to prove that the Provider's claim has not arisen or has not arisen in the amount claimed.
8.2.3 The Customer's statutory rights to cancellation and withdrawal remain unaffected.
8.3 Payments made in advance by Customer will be refunded to Customer in the event of a justified cancellation or withdrawal via the means of payment used for the booking by Customer.
8.4 If the Guest has not checked in by 1:00 a.m. at the latest on the day following the agreed date of arrival without having previously exercised an existing right of withdrawal vis-à-vis the Provider, the Provider shall be entitled to allocate the rooms for the booked period to another Guest, unless otherwise agreed in text form between Customer and Provider. This shall not give rise to any claims by the Customer against the Provider. In this case, the Provider's claim to payment of the remuneration shall remain in effect, whereby the Provider shall credit any income from the rental of the rooms to another party as well as any expenses saved. Refunds to the Customer shall be made via the electronic payment method specified by the Customer at the time of booking. The Customer is explicitly free to prove that the Provider is not entitled to any or substantially less compensation.
9. Withdrawal
9.1 The accommodation contracts that Customer conclude with Provider are fixed-term contracts, for which the Provider only has a certain contingent of places available. The Customer is therefore not granted a right of withdrawal even if the Customer is a consumer.
9.2 If Guests enter into this Agreement as consumers, i.e. for purposes that can predominantly be attributed neither to commercial nor to self-employed professional activity, Guests are entitled to the statutory right of withdrawal, in accordance with the instructions that can be found at the end of these T&Cs.
9.3 To exercise withdrawal, the Guests are also welcome to use the model revocation form, which is available in the App.
10. Revocation and Cancellation by the Provider
10.1 If the agreed advance payment for the services of the Provider is not received by the Provider, the Provider is entitled to withdraw from the contract.
10.2 The Provider shall be entitled to withdraw from the contract or to terminate the contract extraordinarily for objectively justified reasons (§ 314 BGB), if
a force majeure or other circumstances for which the Provider is not responsible make it impossible to fulfill the contract;
services of the Provider are booked under misleading or false information of essential facts, e.g. in the person of the Guest or the purpose;
the Provider has reasonable grounds to believe that the use of the Provider's services may jeopardize the smooth operation of the business, the safety or the reputation of the Provider or the Hotel in public, without this being attributable to the Provider's sphere of control or organization and its vicarious agents;
the purpose or occasion of the stay is unlawful or constitutes a violation of morality;
the Guest sub- or relets the rented rooms without the prior written consent of the Provider.
10.3 Unauthorized events such as interviews and sales may be stopped or cancelled by the Provider.
10.4 The Guest shall not be entitled to any compensation in the event of justified withdrawal by the Provider.
10.5 If, in the event of a justified withdrawal/termination by the Provider pursuant to Sections 9.1 or 9.2 above, the Provider may claim damages against the Guest if the Guest is responsible for the premature termination of the contract by the Provider. The Provider's claim for damages shall be calculated as a lump sum according to the agreed remuneration, whereby the Provider shall credit any income arising from renting the rooms to a third party and saved expenses.
11. Liability of the Provider, Statute of Limitations
11.1 The Provider shall be liable for all legal or contractual claims only in the event of intentional or grossly negligent conduct. The Provider is exceptionally liable for damages caused by simple negligence, as far as the negligence concerns the violation of such essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Guest may regularly rely (cardinal obligations), whereby the liability in these cases is limited to the foreseeable damages typical for the contract. In addition, the Provider shall be liable for slight negligence in the event of damage to life, limb or health.
11.2 A breach of duty by the Provider is equal to that of a legal representative or vicarious agent. Exclusions and limitations of liability shall apply in the same way in favor of all companies used by the Provider to fulfill its contractual obligations, its subcontractors and vicarious agents.
11.3 In the event that the Contractual Services are found to be faulty or defective, the Provider undertakes to endeavour to remedy the situation when notified or when the Guest makes an immediate complaint. The Guest is obligated to notify the Provider of any visible defects immediately, at the latest upon departure. The Guest shall notify the Provider immediately after becoming aware of the possibility of an extraordinarily high damage.
11.4 The Provider recommends that money, securities and valuables be kept in the hotel or room safe. The Provider shall be liable to the Guest for items brought into the Hotel in accordance with the statutory provisions of §§ 701 ff. BGB. The obligation to pay compensation does not apply if the loss, destruction or damage is caused by the Guest, or a person the Guest has taken in, or by the nature of the items or by force majeure. The obligation to compensate does not extend to vehicles, to things that have been left in a vehicle, and to live animals. The liability claims expire if the Guest does not report the loss, destruction or damage to the Provider immediately after becoming aware of it (§ 703 BGB).
11.5 Items left behind by the Guest will only be forwarded at the Guest's request, risk and expense. The Provider shall keep the items for six months after notification of the discovery to the entitled party or the competent authority. After the expiry of these six months, the Provider shall hand over the item to the competent authority.
11.6 All claims of the Guest against the Provider are generally subject to a limitation period of one year from the beginning of the regular limitation period of § 199 paragraph 1 BGB. This shall not apply to claims of the Guest based on intentional or grossly negligent conduct of the Provider or on injury to life, body or health of the Guest.
12. Liability of the Guest; House Rules
12.1 The Guest is obligated to treat the hotel room, common areas and the entire facility with care. Without prejudice to further claims, the Guest shall be liable in particular for
willful damage to or destruction of furnishings, in particular but not limited to permanent marker;
Damage caused by overflowing bathtubs or sinks;
Damage caused by setting off the fire alarm, in particular but not limited to stoves, toasters, microwaves, etc. left unattended; pots, pans, kettles, etc. left on stove tops left on; unauthorized smoking, open fires, incense, candles, smoking rituals, etc.; ironing on the carpet; or unattended children.
This list is for clarification only and is not exhaustive. Further claims of the Provider may exist.
12.2 This list is for clarification only and is not exhaustive. Further claims of the Provider may exist.
12.3 Misusing the Internet connection, e.g. by downloading or distributing content subject to copyrights via peer-to-peer sharing platforms, illegal streaming is a breach of duty. The guest indemnifies Provider on first request from all claims and claims for damages of third parties as well as from the costs of legal defense in an appropriate amount, which have been caused by an illegal use of the provided Internet connection by the guest or by third parties with the knowledge of the Guest. This claim for indemnification covers in particular claims arising from the infringement of copyrights, patent rights, rights to a name, trademark rights and personal rights as well as violations of data protection law.
12.4 A breach of duty by the Guest is equal to that of his legal representative, vicarious agent, or guest.
12.5 Furthermore, Guests must abide by the following house rules for the use of common areas and rooms:
Pets are not allowed.
Smoking in the common areas and in the rooms is prohibited. This also applies to e-cigarettes. Violations of this provision by the Guest will be punished with a contractual penalty cleaning fee of up to EUR 150.
Playing music, videos or (video) phone calls are permitted in the common areas only if headphones are used.
The Guest may only allow its guests who are not themselves booked into the Provider's respective Hotel access to the common areas until 11:00 pm. A maximum of two external guests of the Guest may stay in the common areas simultaneously. The Guest shall be liable for all damages caused to the Provider. Parties or similar events may not be held in the common areas.
In the common areas room noise is to be observed. During the nighttime (10:00 p.m.-07:00 a.m.) the Guests have to be particularly considerate of the night rest of other hotel guests.
After each use of the common areas, the Guest must dispose of any objects, trash, etc. that he may have brought with him and put used dishes in the dishwashers provided.
Bringing animals into the property is prohibited. This applies to both the common areas and the rooms.
For the time before room check-in and after room check-out, lockers are available for the Guest in the common areas, which can be used for luggage and the like for a fee. Booking and payment is made via the App.
When using the App Guests are prohibited from:
acting in any unlawful or illegal manner;
providing false or misleading information;
disabling, circumventing or otherwise manipulating any of the App’s security feature or any feature preventing or restricting the use or copying of the content in the App;
modifying the App (including content accessible to the User);
entering data or information about any third-party without the consent of that third-party; and/or
extracting data or information from the App except as permitted under these Terms.
13. Final Provisions
13.1 Changes or additions to the contract or these terms and conditions for the services of the Provider require text form to be effective. Unilateral changes or additions by the Guest are ineffective.
13.2 Place of performance and payment is the registered office of the Provider.
13.4 If the Guest is a merchant, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the Provider's registered office. However, the Provider shall also be entitled to file suit at the Guest's general place of jurisdiction.
13.5 All rights and claims arising from and in connection with this Accommodation Agreement (including its effective conclusion) shall be governed by the laws of the Federal Republic of Germany to the exclusion of international private law.
13.6 Should individually provisions of these General Terms and Conditions for the services of the Provider be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the parties shall agree on a new provision that comes as close as possible to the meaning of the invalid provision.
13.7 In the event of a dispute, consumers have the option of contacting the online dispute resolution platform. The "OS platform" is available via the link http://ec.europa.eu/consumers/odr/. Provider is neither obligated nor willing to participate in arbitration proceedings before a consumer arbitration board according to § 36 VSBG.
Withdrawal information
Right of withdrawal
If you are a consumer, you have the right to withdraw from contractual agreements within fourteen days from the day of the conclusion of the contract without giving any reason.
In order to exercise your right of withdrawal, you must inform us, [Adina Germany Holding GmbH & Co. KG, Leipziger Str. 124, 10117 Berlin, Tel.: +49 30 863 298 0; Fax: +49 30 863 298 599; Email: info@adina.eu] by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back).
To
[Adina Germany Holding GmbH & Co. KG, Leipziger Str. 124, 10117 Berlin, Tel.: +49 30 863 298 0; Fax: +49 30 863 298 599; Email: info@adina.eu]
I/we (*) hereby withdraw the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
____________________________________________________________________________________________________________________________________________________________________
Ordered on (*) / received on (*)
_________________________________________________________
Name of the consumer(s):
_________________________________________________________
Address of consumer(s):
______________________________________________________
Signature of consumer(s) (only in case of paper communication):
__________________________
Date ____________________
(*) Delete where not applicable.