AGB
GENERAL TERMS AND CONDITIONS OF CONTRACT
1. Scope of application/terms and conditions of the customer
1.1 These terms and conditions apply to contracts for the rental of conference, banqueting and event rooms as well as guest rooms of the hotel for the organisation of events such as banquets, seminars, conferences etc. with or without accommodation as well as for the related further services of the hotel.
1.2 The customer’s general terms and conditions shall not apply. Anything to the contrary shall only apply if this is expressly confirmed by the hotel.
2. Conclusion of contract / transfer to third parties
2.1 The contract is only concluded upon written confirmation by the hotel to the organiser; the organiser and the hotel are contracting parties.
2.2 The subletting or other transfer of the rooms, areas and showcases provided to third parties requires the prior written consent of the hotel.
3 Prices, payment, offsetting
3.1 The agreed prices include the respective statutory value added tax, unless this is shown separately. If the period between the conclusion of the contract and the event exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price accordingly.
3.2 Changes to bookings (changes to the number of rooms booked, the length of stay of the guests or other essential services of the hotel) entitle the hotel to charge different prices.
3.3 Hotel invoices are payable in full within 10 days of receipt of the invoice. In the event of late payment, the hotel is entitled to charge interest at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. The organiser reserves the right to provide evidence of lower damages, the hotel reserves the right to provide evidence of higher damages.
3.4 The hotel is entitled to demand an appropriate advance payment or security deposit at any time.
3.5 The customer may only offset undisputed and legally established claims against claims of the hotel.
4. Room provision, handover and return
4.1 The Organiser shall not acquire any claim to the provision of specific rooms.
4.2 Booked rooms are available to the Organiser from 3 p.m. on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hotel may allocate booked rooms to other guests after 6.00 p.m. without the Organiser being able to derive any claims for compensation from this.
4.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. Thereafter, the hotel may charge 50 % of the full accommodation price (list price) for the additional use of the room until 6.00 p.m. 100 % from 6.00 p.m. onwards. The organiser is at liberty to prove to the hotel that no or less damage has been incurred. The hotel reserves the right to claim damages.
5. Withdrawal by the customer (discontinuation, cancellation)
5.1 The Organiser is only entitled to cancel free of charge if this has been agreed in writing. Otherwise, in the event of cancellation, the hotel is entitled to charge the agreed rent for event rooms if it is not possible to re-let the rooms.
5.2 Cancellation of the entire room booking is possible free of charge up to six weeks before arrival. If the entire room booking is cancelled after this period, 80% of the room price will be charged. This agreement also applies to partial cancellations of the room contingent.
5.3 Insofar as food and beverage sales have been agreed, these shall be invoiced pro rata as follows in the event of cancellations: Cancellation later than three months before the start of the event: Cancellation later than six weeks before the start of the event: Cancellation later than four weeks before the start of the event: Cancellation later than two weeks before the start of the event:
Cancellation later than three months before the start of the event: 30%
Cancellation later than six weeks before the start of the event: 50%
Cancellation later than four weeks before the start of the event: 70%
Cancellation later than two weeks before the start of the event: 80%
If no price has yet been agreed for the menu or buffet, a favourable 3-course menu or buffet from the current event offer will be used as a basis. Saved expenses are thus compensated. The organiser reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
5.4 If all-inclusive conference prices have been agreed, these will be charged pro rata as follows in the event of cancellation:
Cancellation later than three months before the start of the event: Cancellation later than six weeks before the start of the event: Cancellation later than four weeks before the start of the event: Cancellation later than two weeks before the start of the event:
Cancellation later than three months before the start of the event: 20%
Cancellation later than six weeks before the start of the event: 40%
Cancellation later than four weeks before the start of the event: 60%
Cancellation later than two weeks before the start of the event: 80%
Saved expenses are thus compensated. The organiser reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
5.5 Services provided by third parties or special services that become useless as a result of the cancellation must be paid for in all cases.
5.6 The organiser’s payment obligation pursuant to Sections 5.1 to 5.4 shall not arise if the organiser’s cancellation is due to a reason for which the hotel is responsible.
5.7 The customer and the hotel have the right to cancel the contract in writing 6 months before the date of arrival without being able to assert mutual claims for damages.
6. Cancellation of the hotel
6.1 If a reasonable advance payment or security demanded by the hotel is not made within the agreed or a reasonable period, the hotel is entitled to withdraw from the contract.
6.2 Furthermore, the hotel is entitled to withdraw from the contract for important reasons, for example if force majeure or other circumstances for which the hotel is not responsible make the fulfilment of the contract unreasonable, if events are booked with misleading or false information regarding material facts, e.g. the organiser or the purpose of the event; if rooms are booked for purposes other than accommodation with false information about the organiser or the guests or without the hotel’s consent; if the hotel has justified cause to believe that an event may jeopardise the smooth running of the business, the security or the reputation of the hotel in the public eye without this being attributable to the hotel’s sphere of control or organisation or if the organiser breaches clause 2.2 or 12.2 of these terms and conditions.
7. Number of participants, changes to the number of participants and changes to the event time
7.1 The Organiser shall inform the Hotel of the final number of participants no later than 3 working days before the start of the event.
7.2 If the actual number of participants is reduced by a maximum of 10% compared to the original order, the actual number of participants shall be invoiced. In the event of further reductions, the following proportions of the agreed food and beverage sales of the cancellations exceeding 10 % shall be invoiced:
If notified later than 90 days before the start of the event: 50%
If notified later than 60 days before the start of the event: 75%
If 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 is entitled to exchange the agreed rooms, provided that the size of the new rooms is appropriate for the reduced number of participants and the rooms are comparably equipped.
7.3 An increase of more than 5% requires the consent of the hotel. In the event of an increase, invoicing shall be based on the actual number of participants.
7.4 If the agreed start or end times of the event are postponed without the prior written consent of the hotel, the hotel may charge additional costs for readiness to perform in accordance with § 315 BGB, unless the hotel is at fault for the postponement of the times. In the event of postponements after midnight, the hotel will charge the following amounts:
Up to 50 guests: € 65.00, for 51 to 150 guests: € 110.00, for 151 to 250 guests: € 160.00, for 251 to 400 guests: € 250.00, for 401 to 600 guests: € 360.00 and for more than 600 guests: € 500.00 per hour or part there of.
8. Bringing in food, drinks and other items; disposal of items brought in
8.1 Food and beverages for events are provided exclusively by the hotel. Exceptions require a written agreement. In these cases, an amount to cover overheads (“corkage fee”) will be charged. The organiser shall bear full liability for any food and beverages brought to the event and shall indemnify the hotel against any claims by third parties in this respect.
8.2 Any decoration material brought in by the Organiser must comply with fire regulations. The hotel is entitled to demand official proof of this. Due to the possibility of damage, the installation and attachment of objects to walls and ceilings is only permitted with the consent of the hotel.
8.3 Costs arising from fire brigade operations due to negligence on the part of the organiser or persons commissioned by the organiser shall be borne by the organiser.
All exhibition or other objects brought by the Organiser or participants of the event, as well as their packaging, must be removed by the Organiser immediately after the end of the event. If the organiser does not immediately comply with his obligation to dispose of such items, the hotel may remove and store them at the organiser’s expense. If the items remain in the event room, the hotel may charge room hire for the duration of their retention. The organiser reserves the right to provide evidence of lower damages and the hotel of higher damages.
9. Technical equipment and connections
9.1 Insofar as the Hotel procures technical and other equipment from third parties for the Organiser at the latter’s request, it shall act in the name of, on the authority of and for the account of the Organiser. The organiser shall be liable for the careful handling and proper return of the equipment. It shall indemnify the hotel against all third-party claims arising from the provision of such equipment.
9.2 The use of the organiser’s own electrical equipment using the hotel’s electricity network requires the hotel’s written consent. Any faults or damage to the hotel’s technical equipment caused by the use of such equipment shall be borne by the organiser, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.
9.3 The organiser is only entitled to use its own telephone, fax and data transmission equipment with the hotel’s consent. The hotel may charge a connection fee for this.
10. Loss of or damage to items brought along, liability of the hotel
10.1 Any exhibition, seminar, conference or other items, including personal items, brought into the event rooms or the hotel are at the risk of the organiser. The hotel assumes no obligation to guard or store such items. Items intended for the event must be brought to the hotel no earlier than 2 days before the start of the event. The hotel accepts no liability for loss, destruction or damage except in cases of gross negligence or intent on the part of the hotel. The organiser is responsible for insuring any items brought into the hotel.
10.2 Otherwise, the hotel is liable – except in cases of intent and gross negligence – only in the event of a breach of material contractual obligations and limited to the respective amount covered by the public liability insurance.
The hotel shall only be liable for the fulfilment of wake-up calls and the delivery and storage of messages, post and consignments of goods for guests in cases of intent and gross negligence.
10.1 If parking spaces in the hotel garage or in a hotel car park are rented out by a valet service, the organiser’s contractual relationship is only with the valet service. In this case, the hotel is not liable for the vehicle and its contents.
If the hotel provides parking spaces in the hotel garage or in a hotel car park, even for a fee, this constitutes a loan or rental agreement and not a safekeeping agreement. The hotel assumes no duty of care for vehicles and their contents. The hotel is only liable for vehicles and contents in cases of intent and gross negligence.
11. Liability of the organiser for damages
11.1 The organiser is liable for all damage, such as damage to the building or inventory, caused by event participants or visitors, employees, other third parties from his area or himself (e.g. residues on walls caused by hanging posters or the like, etc.)
11.2 The hotel may require the organiser to provide appropriate security (e.g. insurance, deposits, guarantees).
12. Miscellaneous
12.1 Photographs for commercial purposes may only be taken in the hotel with its prior written consent.
12.2 Newspaper adverts referring to events at the hotel also require prior written consent.
12.3 The hotel is obliged to register all events at which music is played with GEMA. The GEMA fees will be invoiced directly to the organiser by GEMA.
12.4 Amendments, additions or cancellations to the contract must be made in writing. This also applies to the cancellation of this written form requirement. Unilateral amendments or additions by the customer are invalid.
12.5 Should individual provisions of the contract be invalid, this shall not affect the validity of the remaining provisions. The parties shall replace ineffective provisions with provisions that come as close as possible to the intended economic purpose.
12.6 The place of fulfilment and payment is the registered office of the hotel. German law shall apply.
12.7 The exclusive place of jurisdiction – also for cheque and bill of exchange disputes – in commercial transactions is the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
12.8 All contract extensions, additions or cancellations must be confirmed to the hotel in writing.
12.9 The hotel does not grant any commission on cancellation costs.
12.10 The entrepreneur is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(http://ec.europa.eu/consumers/odr/.)
