I. SCOPE OF APPLICATION
(1) These Terms and Conditions shall apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract. They also apply to the provision of event and conference rooms, the holding of events of all kinds, services within the framework of events, as well as the supply and performance of catering of all kinds.
The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived, unless the customer is a consumer.
3. the customer's general terms and conditions shall only apply if this has been expressly agreed in text form in advance.
II. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, STATUTE OF LIMITATIONS
(1) The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in text form. The contract for restaurant and banquet services is concluded by the hotel's confirmation to the customer.
The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
All claims against the hotel are subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF
(1) The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obligated to pay the agreed or applicable prices of the hotel for the provision of the rooms and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value-added tax. 3.
3. the hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's services or the customer's length of stay conditional upon an increase in the price for the rooms and/or for the hotel's other services.
4. invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears, currently 6% 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.
5. the hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. 6.
(6) In justified cases, e.g., payment arrears on the part of the customer or expansion of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
7. the hotel is also entitled to demand from the customer an appropriate advance payment or security deposit within the meaning of No. 5 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such a deposit or security deposit has not already been provided in accordance with No. 5 and/or 6 above.
(8) The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
(9) The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes that are owed by the guest according to the respective local law, such as visitor's tax. In the event of changes to the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion and fulfillment of the contract exceeds four months.
IV. cancellation conditions, unless otherwise stated: Up to 4 weeks prior to arrival - free of charge Up to 21 days prior to arrival - 25%, up to 14 days prior to arrival - 50%, up to 7 days prior to arrival - 75%, on the day of arrival - 80% For groups of 10 or more persons, the following also applies: 50% deposit of the total amount 14 days prior to arrival
V. SPECIAL REGULATIONS FOR MEETINGS AND BANQUETS
1. if W-Lan is technically available in the rooms, the use of the W-Lan connection is free of charge.
2. the hotel is not liable for technical defects of the network operator.
3. the furnishing of the rooms will be done according to the order.
4. the disposal of garbage and waste within the usual limits is included. If special waste or unusual amount of waste is left behind, the disposal will be done at cost price.
5. normal power supply is provided. Further requirements for energy services, as far as these are not technically provided, may cause additional costs.
6. unless otherwise agreed, we will set up the rooms according to your wishes. Rearrangement work requested at short notice may be invoiced at cost price.
For banquet events, the prices include the room rental, service, VAT and setting the table. Otherwise, our room rentals apply. The agreed prices are fixed. For orders placed more than 4 months before the date of the event, we reserve the right to adjust prices according to the market and cost situation.
8. if agreed rooms are not available or the number of persons named by the customer is significantly reduced (approx. 25%), an equivalent room can be made available. A reduction of the agreed prices cannot be derived from this.
The number of participants for firmly ordered meals can be corrected up to 2 days before the event. This number is the basis for the invoice. 10.
10. for self-delivered cakes we charge a cover price of € 5,00 per person. In the run-up to the event, the customer must sign a certificate of harmlessness so that no liability claim can arise against the hotel for the materials brought in. The packaging should be labeled with the name of the event. By law, the hotel is required to give food and cakes to the event organizer at the end of the event or destroy them immediately. Cake and baking trays are to be collected within 2 days.
11. if bottled beverages (wine, sparkling wine, mineral water, etc.) have been agreed upon, billing shall be based on the number of bottles opened.
12. if certain beverages are not to be billed in total or are to be served, this must be specified in writing in advance.
Gifts, flowers, flower arrangements or other personal items are always to be taken away at the end of the event. No liability will be assumed.
14. due to noise protection regulations, we point out that windows, doors and skylights to the neighborhood remain closed from 23:00 and ventilation is exclusively via the technical systems.
15. the customer is liable for damages and loss of equipment and inventory caused during the event. This also applies to decorative items on the buffets.
16. banquet invoices are to be paid upon receipt in cash, EC card or by bank transfer and without deduction within 14 days.
17. for events lasting longer than 1:00, the hotel is entitled to charge a flat rate for additional costs: - up to 50 persons per hour or part thereof Euro 90,00 - from 50 persons per hour or part thereof Euro 110,00.
18. we are happy to help arrange a band or a solo entertainer. Please always make the following binding agreements with your artists: - When transporting, setting up and dismantling technical equipment, make sure that walls, floors and furniture are not damaged. Damage of this kind will be charged to the organizer. - The customer determines the extent to which the musicians will receive food and beverages at his expense. - During the night hours, music performances shall be directed to the interests of the neighbors and the house guests. In concrete terms, this means that the volume must be significantly reduced from 11:00 p.m. onwards.
19. if a political event is held without the written consent of the hotel or if there is reasonable cause that the event threatens to jeopardize the smooth operation of the business, the safety or the reputation of the house or the guests, as well as in the event of force majeure, the hotel may withdraw from the contract.
20. a complete "à la carte service" can only be granted if this has been expressly agreed. For events for which no uniform menu has been agreed, only a limited selection of dishes from restaurant cuisine can be offered.
22. musicians' and artists' fees must be settled by the organizer directly with the acting persons. If the fee is deposited in the hotel in advance, the hotel can take over the payment "on behalf". Any GEMA fees or other charges incurred shall be borne by the organizer.
VI. WITHDRAWAL OF THE CUSTOMER (CANCELLATION) / NON-UTILIZATION OF THE HOTEL'S SERVICES (NO SHOW)
1) Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in text form. If this is not done, the agreed price from the contract must be paid even if the customer does not use contractual services. The contract is concluded by the hotel's confirmation to the customer. The same applies to all gastronomic events.
2. if a date for free withdrawal from the contract has been agreed between the hotel and the customer in text form, the customer may withdraw from the contract until then without triggering payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel in text form by the agreed date.
3. in the case of rooms not used by the customer, the hotel shall credit the income from renting these rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and make a lump-sum deduction for saved expenses of the hotel. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount. Deviating from this, the following agreements can be made: In the event of cancellation by the customer, the following minimum amounts are to be paid: 59 to 30 days prior to arrival or event date: 30% of the agreed price 29 to 14 days prior to arrival or event date: 50% of the agreed price 13 to 7 days prior to arrival or event date: 60% of the agreed price 6 to 0 days prior to arrival or event date: 80% of the agreed price In the event of cancellation 60 days or earlier prior to arrival, compensation or a handling fee is only to be paid in special cases.
4. in case of ordered meals at least the ordered number of persons is valid for the calculation. Up to 2 days before the event, the number of ordered meals can be reduced by up to 10% without incurring any costs.
VII. CANCELLATION BY THE HOTEL
1. if it has been contractually agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel is also entitled to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
2. if an advance payment or security deposit agreed upon or requested above is not made even after the expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. the hotel is entitled to withdraw from the contract for good cause, - due to force majeure or other circumstances for which the hotel is not responsible and which make it impossible to fulfill the contract. - if rooms or rooms were culpably booked under misleading or false information of facts essential to the contract, e.g. concerning the person of the customer (orderer) or the purpose of his stay. - if the hotel has reasonable grounds to believe that the use of the hotel service or the booked rooms may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization. - if the purpose or reason for the stay is unlawful. - if there is a violation of Item I No. 2 above.
4. in the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.
VIII. ROOM PROVISION, HANDOVER AND RETURN
The customer does not acquire a right to the provision of certain rooms, unless this was expressly agreed in text form. 2.
2. booked rooms are available to the customer from 14:00 on the agreed arrival day. The customer has no right to earlier provision. 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 late vacating of the room until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
IX. LIABILITY OF THE HOTEL
1. the hotel is liable for its obligations under the contract. The hotel's liability for any deficiencies in performance shall be limited to those based on intent or gross negligence. The customer is obligated to point out in time the possibility of an exceptionally high damage.
2. claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent.
In the event of disruptions or deficiencies in the hotel's services, the hotel shall endeavor to remedy the same upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and minimize any possible damage.
The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Accordingly, liability is limited to one hundred times the room rate, but not more than Euro 3,000.00 and, in deviation therefrom, for money, securities and valuables not more than Euro 800. Higher amounts are to be agreed with the hotel in advance.
Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on hotel property and their contents, the hotel shall not be liable, except in cases of intent or gross negligence. For the exclusion of the customer's claims for damages, the provision of the above number 1, sentences 2 to 4 shall apply mutatis mutandis.
6. wake-up orders shall be executed by the hotel with the utmost care. Messages, mail and merchandise shipments for the guests will be handled with care. The hotel will take care of delivery, safekeeping and - upon request - forwarding of the same against payment. For the exclusion of claims for damages by the customer, the provisions of the foregoing provisions shall apply.
7. items brought along are at the risk of the guest in the event rooms and guest rooms of the hotel. The hotel assumes no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of hotel employees, unless the items are expressly taken into custody. Any exhibition or other items brought along must be removed immediately after the end of the event or rental period.X. FINAL PROVISIONS
1. amendments and additions to the contract, the acceptance of the application or these general terms and conditions shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
2. place of performance and payment is the location of the hotel.
3. the exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions shall be the hotel's registered office under company law. If a contracting party fulfills the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the Conflict of Laws shall be excluded.
(5) Should individual provisions of these General Terms and Conditions 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