General Terms and Conditions for Events

I. Scope

1. These terms and conditions shall apply to the temporary provision of conference, banquet and event rooms at the hotel for the holding of events such as conferences, banquets, seminars, meetings and other events, as well as to any other hotel services and deliveries associated with this, in particular room bookings.
2. Deviating provisions, including those contained in the contracting party’s General Terms and Conditions, shall not apply unless expressly recognised by the hotel in writing.

II. Conclusion of contract, contracting parties

1. The event contract (hereinafter referred to as “contract”) shall come into effect upon acceptance of the offer submitted by the hotel by the customer. The parties to this contract are the hotel and the customer. If the customer concludes the contract in the name of a third party, it is not the customer but the third party who becomes the hotel’s contracting party; the customer must specifically inform the hotel of this in good time before the conclusion of the contract and provide the hotel with the name and address of the actual contracting party.
2. If the customer concludes the contract recognisably in the name of the third party or if the third party has commissioned a commercial intermediary or organiser for the contractual processing, the customer, intermediary or organiser shall be jointly and severally liable with the third party who becomes the contracting party for all obligations arising from the contract, insofar as the hotel has received corresponding declarations from the customer, intermediary or organiser. Irrespective of this, the customer is obliged to forward all information relevant to the booking, in particular these General Terms and Conditions, to the third party.
3. The subletting or reletting of the rooms, areas or showcases provided as well as invitations to job interviews, sales or similar events require prior written consent from the hotel.

 

III. Services, prices, payment, offsetting

1. The hotel is obliged to provide the ordered and promised services in accordance with these General Terms and Conditions.
2. The contracting party is obliged to pay the hotel’s agreed or applicable prices for these services. This shall also apply to the hotel’s services and expenses in relation to the event and arranged by the contracting party vis-à-vis third parties, in particular also to claims from copyright collecting societies. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds four months and if the statutory value added tax increases after conclusion of the contract, the hotel reserves the right to increase the agreed prices by the amount by which the applicable value added tax has increased. Furthermore, the contracting party shall be liable for the payment of all food and beverages ordered by the event participants as well as other costs incurred by the event participants.
3. The hotel’s invoices are due for payment immediately upon receipt without deduction. The hotel may demand immediate payment of due claims from the guest at any time. The guest shall be in default at the latest if they do not make payment within 7 days after the due date and receipt of an invoice; this shall only apply to a guest who is a consumer if these consequences have been specifically pointed out in the invoice. The hotel may charge a reminder fee of EUR 5.00 for each reminder after default has occurred. In the event of default in payment, the hotel shall be entitled to charge the respective applicable statutory default interest of currently 9% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages.
4. The hotel is entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee, a down payment or similar from the contracting party upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
5. In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the start of the event, to demand an advance payment or security deposit within the meaning of the above paragraph 4 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
6. The contracting party may only offset an undisputed or legally established claim against a claim by the hotel.

 

IV Withdrawal of the contracting party, cancellation

1. The hotel grants the contracting party the right to withdraw from the contract at any time. The following conditions apply to this:
1. In the event that the contracting party withdraws from the reservation, the hotel shall be entitled to reasonable compensation.
2. The hotel has the option of claiming damages from the contracting party in the form of a compensation flat rate instead of a specifically calculated compensation. In the event of cancellation up to 60 days prior to the event, the compensation flat rate shall amount to 50% of the contractually agreed amount for the event, in particular for the provision of the hotel premises, hotel rooms and food and beverages. In the event of cancellation less than 60 days prior to the event, the compensation flat rate shall amount to 80% of the contractually agreed amount for the event, in particular for the provision of the hotel premises, hotel rooms and food and beverages. The contractually agreed amount is calculated according to the number of agreed participants. If no amount has been contractually agreed for food and beverages, the flat rate shall be based on the lowest-priced 3-course menu offered for the applicable event. The contracting party is at liberty to prove that the hotel has suffered no loss or that the loss suffered by the hotel is lower than the compensation flat rate demanded.
3. If the hotel calculates the compensation in specific terms, the amount of compensation shall not exceed the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
2. The above provisions on compensation shall apply mutatis mutandis if the contracting party does not make use of the booked services without notifying the hotel in good time.
3. If the hotel has granted the contracting party an option to withdraw from the contract within a certain period of time without further legal consequences, the hotel shall not be entitled to compensation. Receipt of the declaration of withdrawal by the hotel on time is authoritative. The contracting party must declare the withdrawal in writing.
4. If reserved hotel rooms or packages are changed or cancelled, the following charges apply:

4.1 For tour groups:

1. Cancellation is free of charge up to 8 weeks before arrival.
2. Up to 21 days before arrival we charge 50% of the accommodation price.
3. In the event of cancellation within 7 days prior to arrival, we will charge you 80% of the fully booked services (board and lodging). In the event of cancellation up to 2 days before arrival, at least 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board packages are due.

4.2 Individual guests:

1. Cancellation free of charge up to 3 days before arrival date
2. Cancellation fee 50% of the accommodation price up to 2 days before arrival date.
3. Cancellations within 1 day prior to arrival date will be charged 90% of the accommodation price.
4. This also applies in the event of early departure. As a matter of principle, the hotel will make every effort to reallocate unused reservations. If this is successful, the customer shall only incur processing costs or compensation for expenses.

V. Withdrawal of the hotel

1. Insofar as the contracting party has been granted a right of withdrawal free of charge pursuant to section IV, paragraph 3, the hotel shall also be entitled to withdraw from the contract within the agreed period of time if there are enquiries from other guests and customers regarding the booked rooms and function rooms and the contracting party does not waive its right of withdrawal free of charge pursuant to section IV, paragraph 3 upon enquiry by the hotel.
2. If an agreed advance payment or a security deposit required in accordance with section III, paragraph 5 above is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for good cause, in particular if
1. Force majeure or other circumstances which the hotel is not responsible for make it impossible to fulfil the contract;
2. Events are booked by giving misleading or false information concerning important facts, e.g. about the organiser or purpose;
3. The hotel has reasonable grounds to believe that the event may jeopardise the smooth running of the business, the safety or the reputation of the hotel in the public eye, without this being attributable to the hotel’s power of control or organisation;
4. There is an unauthorised subletting or reletting within the meaning of section II, paragraph 3;
5. There is a case of section VI paragraph 3;
6. The hotel becomes aware of a state of affairs where the contracting party’s financial circumstances have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle due claims from the hotel or does not provide sufficient security and therefore the hotel’s payment claims appear to be at risk;
7. The contracting party has filed an application to open insolvency proceedings against its assets, has made a statement of assets in accordance with Article 802c of the German Code of Civil Procedure (Zivilprozessordnung), has initiated extrajudicial proceedings for the settlement of debts or has suspended its payments;
8. Insolvency proceedings are opened against the contracting party’s assets or the opening of such proceedings is rejected for lack of assets.
4. The hotel shall notify the contracting party of its exercising of the right of withdrawal in writing without delay.
5. In the aforementioned cases of withdrawal, the contracting party shall not be entitled to claim damages.

 

VI. Arrival and departure

1. The contracting party shall not acquire any claim to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in writing.
2. Booked rooms are available to the contracting party from 2.00 p.m. on the agreed day of arrival. They do not have the right to earlier provision unless this has been agreed with the hotel in writing.
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 for the additional use of the room until 6.00 p.m., and 100% after 6.00 p.m., in addition to the damage incurred by the hotel as a result. The contracting party is at liberty to prove to the hotel that the hotel has incurred no damage or significantly lower damage.
4. In order to ensure an orderly process for group bookings (10 rooms or more), the service recipient / customer is obliged to provide the hotel with the list of participants immediately or 7 days before the group’s arrival at the latest.

 

VII. Changes to the number of participants and the event time

1. The contracting party is obliged to inform the hotel of the expected number of participants when making the booking. The final number of participants must be communicated to the hotel in writing no later than four working days before the event date in order to ensure careful preparation. A change to the number of participants by more than 5% requires the hotel’s consent.
2. In the event of an increase in the number of registered and contractually agreed participants, the actual number of people shall be charged for any services provided by the hotel based on the number of people registered (e.g. hotel rooms, food and drinks). In the event of a reduction in the contractually agreed number of participants by more than 5%, the hotel shall be entitled to charge the contractually agreed number of participants less 5%.
3. In the event of a reduction in the number of participants by more than 10%, the hotel shall be entitled to increase the agreed prices appropriately and to exchange the confirmed rooms, unless this cannot reasonably be expected of the contracting party. The prices may also be changed by the hotel if the contracting party subsequently requests changes to the number of participants, the hotel’s service or the duration of the event and the hotel agrees. If a definable part of a booked event is not taken up, the hotel may demand reasonable compensation for the part not used in accordance with the provisions of section IV, paragraph 1 a) to c).
4. The contracting party is at liberty to prove that the hotel has saved a higher amount of expenses.
5. If the agreed event’s start or finish times are moved without the hotel’s prior written consent, the hotel may charge additional costs for the provision of staff and equipment unless the hotel is responsible for the postponement.
6. The hotel is forced to have events with music end around midnight out of consideration for others and for organisational reasons. However, the celebration can come quietly to an end once the music is switched off. Depending on the celebration, the party/music can be extended until 1.00 a.m. by prior arrangement. There shall be a flat-rate expense allowance of EUR 250.00.
7. For events that go on beyond midnight, the hotel may, unless otherwise agreed, invoice the staff costs from this time onwards on the basis of an itemised bill.

VIII. Own food and drinks   

1. The contracting party may only bring food and drinks to events by prior written agreement with the hotel. In these cases, the hotel may charge a service fee to cover overhead costs.

 

IX. Handling of the event

1. If the hotel procures technical and other equipment from third parties for the contracting party at their request, it shall act in the name of, on the authority of and for the account of the contracting party. The contracting party is liable for the careful handling and proper return of this equipment. They shall indemnify the hotel against all claims by third parties arising from the provision of this equipment.
2. The use of the customer’s or organiser’s own electrical systems and equipment using the hotel’s power supply requires the hotel’s prior written consent. Any malfunctions or damage to the hotel’s technical systems caused by the use of such equipment and installations shall be borne by the contracting party, insofar as the hotel is not responsible for such malfunctions or damage. The hotel can record and charge the electricity costs arising from the use as a flat rate.
3. With the hotel’s consent, the contracting party is entitled to use its own telephone, fax and data transmission equipment. The hotel may charge connection fees for this. If the hotel’s corresponding equipment remains unused due to the connection of the contracting party’s own equipment, an appropriate loss compensation may be charged.
4. The hotel shall endeavour to remedy faults in technical or other equipment provided by the hotel without delay as soon as the contracting party complains. Payments may not be withheld or reduced if the hotel is not responsible for these disruptions.
5. The contracting party shall procure all official permits that may be necessary to stage the event at its own expense. They shall be responsible for compliance with these permits as well as all other regulations under public law in connection with the event. If the contracting party transfers the provision of services within the scope of the event (e.g. set-up work etc.) to third parties, the contracting party shall ensure compliance with all relevant occupational health and safety regulations.
6. The contracting party shall be responsible for handling the formalities and invoices required in the context of self-arranged music performances and sound systems with the responsible institutions (e.g. GEMA).
7. The contracting party may only use the hotel’s names and trademarks within the scope of advertising its event after prior agreement with the hotel.

 

X. Own items

1. Any exhibition items or other items, including personal items, brought to the event shall remain in the event rooms or in the hotel at the contracting party’s risk. The hotel accepts no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damages resulting from injury to life, body or health.  In addition, all cases in which safekeeping constitutes a typical contractual duty due to the circumstances of the individual case are excluded from this exemption from liability.
2. Any decorative items brought along must comply with the fire regulations. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel shall be entitled to remove any items already brought in at the customer’s expense. Due to possible damage, the installation and attachment of items must be agreed with the hotel in advance.
3. Any exhibition items or other items brought along must be removed immediately after the end of the event. The hotel may remove items left behind and have them stored at the contracting party’s expense. If removing them entails disproportionately high expense, the hotel may leave the items in the event room and charge the respective room rent until they are removed. The contracting party reserves the right to prove lower damage, the hotel the right to prove higher damage.
4. Packaging material (cardboard boxes, crates, plastic, etc.) that accumulates in relation to the contracting parts or third parties supplying the event must be disposed of by the contracting party. If the organiser leaves packaging material behind in the hotel, the hotel is entitled to dispose of it at the contracting party’s expense.

 

XI. Contracting party’s liability

1. The contracting party shall be liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from its area or itself or its legal representatives and vicarious agents.
2. The hotel may require the contracting party to provide appropriate security (e.g. insurance, deposits, guarantees) to protect it from possible claims for damages.

XII. Hotel’s liability, limitation period

1. If there are disruptions or shortcomings in the hotel’s services, the hotel will endeavour to remedy the situation upon immediate complaint by the contracting party. If the contracting party culpably fails to notify the hotel of a defect, a claim for reduction of the contractually agreed remuneration shall not be applicable.
2. The hotel shall be liable in accordance with the statutory provisions for all damages arising from injury to life, limb and health as well as in the event of the assumption of a guarantee on the part of the hotel and in the event of fraudulently concealed defects.
3. The hotel shall only be liable for all other damage not covered by section XII, paragraph 2 and caused by slightly negligent conduct on the part of the hotel, its legal representatives or its vicarious agents if such damage is attributable to the breach of a typical contractual obligation. In these cases, liability is limited to the foreseeable damage typical for the contract.
4. The above limitations of liability apply to all claims for damages irrespective of their legal basis, including claims in tort. The above limitations and exclusions of liability shall also apply in cases of any claims for damages by a contracting party against the hotel’s employees or vicarious agents.
5. The hotel shall be liable to the contracting party for items brought in in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but not more than EUR 3,500.00. For valuables (cash, jewellery, etc.) the liability is limited to EUR 800.00. The hotel recommends making use of the storage option in the room safe or at reception.
6. If a parking space is made available to the contracting party in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a safekeeping contract. There is no surveillance obligation on the part of the hotel. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and their contents, unless the hotel is responsible for intent or gross negligence. This also applies to the hotel’s vicarious agents. The damage must be claimed against the hotel at the latest when leaving the hotel property.
7. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
8. Messages, post and deliveries of goods for the contracting party and participants in the event will be handled with care. The hotel will take care of the delivery, safekeeping and – on request – forwarding of the same for a fee, as well as for lost property on request. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a storage period of one month at the latest, subject to the payment of a reasonable fee.
9. Claims for damages by the contracting party shall become statute-barred at the latest after two years from the time when the contracting party becomes aware of the damage or, irrespective of such knowledge, at the latest after three years from the time of the damaging event. This does not apply to liability for damages arising from injury to life, limb or health or for other damages based on an intentional and grossly negligent breach of duty by the hotel, a legal representative or the hotel’s vicarious agent.

 

XIII. Final provisions

1. Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation shall be made in writing. Unilateral changes or additions by the guest are invalid.
2. The place of performance and payment is the hotel’s registered office.
3. The exclusive place of jurisdiction, also for cheque and bill of exchange disputes in commercial transactions, is the hotel’s registered office. If the hotel’s contracting party has no general place jurisdiction in Germany, the place of jurisdiction shall be the hotel’s registered office. The hotel is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
4. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

 

Version: November 2020