Impressum

Hotel Bredeney
Theodor-Althoff-Straße 5
45133 Essen
Telefon : +49 201 769-0
Telefax : +49 201 769-1143
E-Mail : info.essen@hotelbredeney.de
Internet : http://www.hotelbredeney.de/

Betreibergesellschaft:
Hotel Bredeney Betriebsges. mbH
Theodor-Althoff-Straße 5
45133 Essen
Telefon : +49 201 769-0
Telefax : +49 201 769-1143
E-Mail : info.essen@hotelbredeney.de
Internet : http://www.hotelbredeney.de/
Vertretungsberechtigte :
Herr Jean Pierre Troillet
Jeanpierre.troillet@hotelbredeney.de
Frau Taina Notbohm taina.notbohm@hotelbredeney.de

Registergericht : Essen
Registernummer : 18854
USt-IdNr. : DE 814549712
Inhaltlich Verantwortlicher gemäß §6 MDStV :
Herr Hotel Bredeney Betriebsges. mbH
info.essen@hotelbredeney.de

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GENERAL TERMS AND CONDITIONS

 

FOR EVENTS WITH OR WITHOUT ACCOMODATION

1. Applicability/Terms and Conditions of the event organiser

1.1 These terms and conditions shall apply to agreements allowing the use by way of hire of the Hotel’s conference, banquet and event rooms

for the holding of events such as banquets, seminars, conferences etc. with or without accommodation as well as for further services

provided by the hotel in relation thereto.

1.2 No general terms and conditions of the event organiser shall apply unless their applicability is expressly confirmed by the hotel in writing.

2. Conclusion of the agreement/permitting of use to third parties

2.1 The agreement shall only come into force upon receipt of written confirmation by the hotel of the events organiser’s orders; the event

organiser and the hotel are contracting parties.

2.2 Any subletting or other allowing of use of the rooms, areas or showcases to third parties shall be subject to the prior written consent of the

hotel.

3. Prices, payment, setoff

3.1 The agreed prices include VAT at the respective statutory rates unless the VAT is shown separately. If more than 4 months lapse between

the signing of the agreement and the event, and if the price generally invoiced by the hotel for such services increases the hotel shall be

entitled to increase the contractually agreed price accordingly.

3.2 Changes in orders (changes in the number of booked rooms, in the guest’s duration of stay or in other material services of the hotel) shall

entitle the hotel to review the originally quoted prices and make appropriate amendments.

3.3 The hotel’s invoices shall be payable without deduction within 10 days as of the invoice. In the event of delayed payment the hotel shall

be entitled to invoice interest at the amount of 4 % above the respective discount rate of the German Federal Bank. The event organiser

shall remain entitled to prove a lower loss, the hotel to prove a higher loss.

3.4 The hotel shall be entitled to demand an appropriate advance payment or deposit at any time.

3.5 The events organiser shall only be entitled to set off undisputed claims or claims which have become res. judicata against claims of the

hotel.

4. Provision, handling over and return of rooms

4.1 The event organiser shall not be entitled to a guarantee of certain room categories being provided.

4.2 Booked rooms shall be available to the events organiser from 15.00 hours onwards on the agreed arrival day. Unless a late

arrival time was expressly agreed, the hotel shall be entitled to let booked rooms to third parties after 18.00 hours without the events

organiser being entitled to claim compensation therefor.

4.3 On the agreed departure day the rooms shall be cleared and available to the hotel at 11.00 hours at latest. Thereafter the hotel shall be

entitled to invoice 50 % of the full room price (list price) for use up to 18.00 hours, and 100 % from 18.00 hours onwards. The event

organiser shall be entitled to prove that no loss or a lower loss occurred to the hotel. The hotel shall reserve the right to any further

compensation claims.

5. Withdrawal on the part of the events organiser (cancellation)

5.1 The event organiser shall only be entitled to withdraw at no expense if this is agreed in writing. Otherwise, in the event of cancellation,

the hotel shall be entitled to invoice an agreed rent for event rooms if it is not possible to re-let these.

5.2 The hotel has to be informed in writing of the exact number of rooms broken down in to single and double rooms till 6 weeks prior

arrival. After that date no alteration will be expected free of charge. If a cancellation is made after this deadline, a cancellation fee of

80 % of the room price will be charged. This agreement is also valid in case of partial cancellations.

5.3 If sales of food and beverage have been agreed, these shall in the event of cancellation be invoiced on a pro rata basis as follows:

Withdrawal later than 3 months before the start of the event: 30 %

Withdrawal later than 6 weeks before the start of the event: 50 %

Withdrawal later than 4 weeks before the start of the event: 70 %

Withdrawal later than 2 weeks before the start of the event: 80 %

If no price has been agreed for the menu or buffet, the low priced 3-course-menu or buffet offered for the event shall be used as the basis

for calculation. Any expenses saved shall therewith be deemed compensated. The event organiser shall remain entitled to prove a lower

loss, the hotel to prove a higher loss.

5.4 If lump-sum prices for conferences have been agreed, these shall in the event of cancellation be invoiced on a pro rata basis as follows:

Withdrawal later than 3 months before the start of the event: 20 %

Withdrawal later than 6 weeks before the start of the event: 40 %

Withdrawal later than 4 weeks before the start of the event: 60 %

Withdrawal later than 2 weeks before the start of the event: 80 %

Any expenses saved shall therewith be deemed discharged. The events organiser shall remain entitled to prove a lower loss, the hotel to

prove a higher loss.

5.5 Services provided by third parties or special services which become redundant as a result of cancellation, shall be paid for in any case.

5.6 The obligations of the event organiser to pay under clauses 5.1 to 5.4 shall not arise if the events organiser withdraws for a reason which

the hotel is responsible for.

5.7 The customer and the hotel have the right to dissolve the contract in writing up until 6 months prior to the specified arrival date without

penalty.

6. Withdrawal on the part of the hotel

6.1 If an appropriate advance or security demanded by the hotel is not provided, even after an extension of the original terms with the threat

of rejection has lapsed, the hotel shall be entitled to withdraw from the agreement.

6.2 Furthermore, the hotel reserves the right to withdraw from the agreement with due cause, for example if force majeure or other

circumstances which the hotel is not responsible for make the fulfilment of the agreement unreasonable; if events are booked stating

essential facts in a misleading of false manner, e.g. the name of the events organiser or the purpose of the event; if rooms are booked

stating the names of the events organiser or the guests in a false manner or are booked for purposes other than accommodation without the

consent of the hotel; if the hotel has sound reasons for assuming that an event may endanger the smooth operation of business, the security

or the reputation of the hotel with the general public, unless the reason therefore derives from the sphere of the hotel, the hotel shall also be

entitled to withdraw from the agreement if the events organiser infringes clauses 2.2 or 12.2 of the conditions.

7. Number of participants, changes in the number of participants and changes in the time of the event

7.1 The event organiser shall inform the hotel of the final number of participants at the latest 3 working days before the beginning of the

event.

7.2 If the actual number of participants is up to 10 % less than the original number booked, the actual number of participants shall be

invoiced. In the event of reductions above 10 %, the following percentages of any agreed food and beverage sales with the respect to

shortfall exceeding 10 % will be invoiced:

If cancellation is notified later than 90 days before the start of the event: 50 %

If cancellation is notified later than 60 days before the start of the event: 75 %

If cancellation is notified later than 30 days before the start of the event: 100 %

If the number of participants is reduced by more than 10 %, the hotel shall be entitled to charge the rooms, as long as the size of the new

room is appropriate for the reduced number of participants and the rooms are equipped in a comparable way.

7.3 An increase of more than 5 % is subject to the consent of the hotel. In the event of an increase the actual number of participants shall form

the basis for the invoicing.

7.4 If the agreed beginning and finishing times of the event change without prior written consent of the hotel having been obtained, the hotel,

the hotel shall be entitled to invoice additional charges for the readiness to provide services in accordance with paragraph 315 of the

German Civil Code unless the hotel is responsible for the changes in times.

In the event of time changes which are after midnight, the hotel shall be entitled to invoice the following amounts:

In the event of time changes which are after midnight, the hotel shall be entitled toinvoice the following amounts: up to 50 guests: € 65,00

to 150 guests: € 110,00, 151 to 250 guests: € 160,00, 251 to 400 guests: € 250,00, 401 to 600 guests: € 360,00 and over 600 guests: €

500,00 for each hour, or part there of.

8. Food, beverage and other items brought by guests; disposal of items brought by guests

8.1 The food and beverage for the event shall be provided exclusively by the hotel. Expections to this are subject to a written agreement. In

these cases a contribution towards the covering of overheads shall be invoiced. The event organiser shall bear full liability for food and

beverage brought by guests and shall thus release the hotel from all claims from third parties.

8.2 Decorations brought by guests shall meet the fire safety requirements under public law. The hotel shall be entitled to

demand official proof of this. Due to the possibility of causing damage, the hanging and attaching of items to walls and ceilings is subject

to the hotel’s prior consent.

8.3 All exhibition items brought by the event organiser or by participants in the events are to be removed, together with their packaging,

without undue delay, the hotel shall be entitled to undertake the removal and storage of the items remain at the expense of the events

organiser.

If the items remain in the events room, the hotel shall be entitled to invoice room rent for the time the items remain in the events room.

The events organiser shall remain entitled to prove a lower loss, the hotel to prove a higher loss.

9. Technical equipment and connections

9.1 To the extent that the hotel acquires technical equipment from third parties for the event organiser at the latter’s instigation, it acts in the

name of, on behalf of and for the account of the event organiser. The event organiser shall be liable for safekeeping and duly returning the

equipment. The event organiser shall release the hotel from all claims of third parties arising from allowing the use of the equipment.

9.2 The event organiser’s use of his own electrical facilities on the hotel’s power supply system requires the hotel’s prior written consent.

Disruptions or damage caused to the hotel’s technical facilities arising from the use of this equipment shall be at the event organiser’s

expense unless the hotel is deemed responsible. The power costs arising from such use may be invoiced by the hotel in lump sum.

9.3 The event organiser shall only with the prior consent of the hotel be entitled to use his own telephone, telex and data transmission

facilities, for which the hotel shall be entitled to invoice a connection fee.

10. Loss of or damage to items brought by guests; liability of the hotel

10.1 Exhibition items, seminar, conference or other items, including personal items brought by guests will be kept in the events room/in the

hotel at the events organiser’s risk. The hotel shall be under no obligation to guard or look after these items. Items for the event shall not

be brought into the hotel more than two days before the beginning of the event. The hotel shall only be liable for loss, destruction or

damage in cases of intent or gross negligence of the hotel. The insurance of the items brought by the guests shall be incumbent on the

events organiser.

10.2 Otherwise the hotel – except in cases of intention or gross negligence of the hotel – shall only be liable if it infringes material contractual

duties and limited to the respective amounts insured as under its business liability insurance. The hotel shall only be liable for carrying out

requests to wake guests, for forwarding and safekeeping messages, mail and packages for the guests in cases of intention or gross

negligence of the hotel.

10.3 If parking spaces in the hotel garage or in the hotel carpark are let by a valet service, the event organiser shall only have contractual

relations with the valet service. In this case the hotel is not liable for vehicles and their contents. If the hotel provides parking spaces in

the hotel garage or hotel carpark, also against payment, a contract of loan for use/hiring agreement and no custody agreement shall be

concluded. The hotel does not accept any obligation to take in its custody vehicles and their contents. The hotel shall only be liable for

vehicles and their contents only in cases of intention or gross negligence of the hotel.

10.4 Except as expressly provided in these conditions, Hilton shall be not liable to the client or guest by reasons of any failure to or delay in

performing any of Hilton’s obligations under these conditions if the delay or failure was due to any cause beyond Hilton’s reasonable

control. Without limitation, the following shall be regarded a causes beyond the reasonable control of Hilton:

- Act of God, explosion, flood, tempest, fire or accident;

- War or threat of war, sabotage, insurrection, civil disturbance or requisition;

- Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government or authority;

- Strikes, lock-outs or other industrial action or trade disputes (whether involving employees of Hilton or of a third party); or

- Power failure or breakdown of machinery.

11. Liability of the events organiser for damages

11.1 The events organiser shall be liable for all damage to the building or to the inventory which is caused by participants in the events or

visitors, employees, other third parties from his sphere or himself.

11.2 The events organiser shall upon the hotel’s request provide appropriate security (e.g. insurance, deposits, guarantees).

12. Miscellaneous

12.1 The taking of photographs for commercial purposes in the hotel shall be subject to the hotel’s prior written consent.

12.2 Newspaper advertisements referring to events held in the hotel shall also be subject to the hotel’s prior written consent.

12.3 The hotel is obliged to register with the GEMA (German Society for Musical Performance and Mechanical Reproduction Rights) all

events where music is played. Gema´s fees will be invoiced directly by GEMA to the events organiser.

12.4 Any amendments, supplements or cancellation to this agreement shall be written form. This also applies for cancellation of

this written form requirement. Unilateral changes or supplements to this agreement by the event organiser shall be invalid.

12.5 If any provisions of this agreement should be ineffective, this shall not affect the effectiveness of the agreement as a whole. The parties

shall replace any ineffective provisions which such that come as close as possible to the parties´ original intent in economic terms.

12.6 The location of event and payment shall be the registered seat of the hotel. German law shall apply.

12.7 If the events organiser is a merchant the exclusive place of jurisdiction – including for disputes over cheques or exchange – shall be the

registered seat of the hotel. If one contracting party fulfils the requirement of paragraph 38. 1 of the Code of Civil Procedure and has no

domestic general place of jurisdiction the place of jurisdiction shall be the registered seat of the hotel.

12.8 All amendments, additions, or cancellations, must be confirmed to the hotel in writing.

The entrepreneur does not undertake the participate in dispute settlement proceedings before a consumers notification office.