I. Scope of validity
1. These Terms and Conditions of Business apply to contracts concerning the rental of hotel rooms, conference rooms, banquet halls and event rooms belonging to the hotel as well as to all related services and deliveries provided by the hotel.
2. The terms and conditions of business of the beneficiary of the contract are only applicable if these are expressly agreed to in writing.
II. Conclusion of contract and content of contract
1. Offers made by the hotel are subject to change without notice at any time. The contract is concluded upon acceptance by the hotel. Confirmation of the booking in writing is at the hotel’s discretion.
2. Subletting and further rental to other parties of the hotel rooms, event rooms, areas or showcases provided, or the use of the rented premises or areas for the purpose of job interviews, sales meetings or other such events is generally prohibited and requires the prior consent of the hotel in writing.
3. Unless otherwise agreed upon, hotel rooms are to be claimed after 2:00 pm (check-in time) on the day of arrival, and vacated no later than 11:00 am (check-out time) on the day of departure.
4. It generally not permitted to take food or beverages along to events. Any exceptions to this require the prior written consent of the Banquet department. In such cases, a corking fee will be charged in addition to a service charge to cover general costs.
III. Rates, payment
1. The customer is obliged to pay the applicable and/or agreed upon rates of the hotel for the accommodations and/or event as well as any other services provided to the customer. This also applies to services arranged for by the customer and expenses incurred by the hotel for third parties. For services provided after midnight the hotel is entitled to charge night surcharges for the provision of staff per hour commenced in accordance with wage agreements.
2. The rates agreed upon include the applicable value-added tax unless an agreement stipulating otherwise has been concluded. If a time period of four months elapses between the conclusion of the contract and the fulfillment of the contract, and if the price generally calculated by the hotel for such services or the applicable value-added tax increases, then the hotel is entitled to appropriately raise the agreed upon price, albeit this increase is limited to maximum 10%.
3. Accounts are settled in euros. In case of payment in foreign currencies, any exchange rate differences and banking expenses are the burden of the party obliged to make the payment. Deposits made in foreign currencies are set off against the total invoice based on the day of valuation.
4. Invoices issued by the hotel are to be settled within 10 days of receipt of the invoice, and no later than 30 days after departure without deductions. In case of payment arrears, the hotel is entitled to charge interest in the amount of 10% p.a. The customer retains the right to prove less damage, the hotel retains the right to prove greater damage.
5. The hotel is entitled to demand an appropriate advance payment at any time. Unless a different amount of the advance payment and different payment dates are specified in the contract in writing, the following advance payments are deemed to be agreed upon:
a) For accommodations (room & breakfast) in case of groups from 50 room nights
- 80% deposit 3 months prior to arrival of group
- Remaining amount upon presentation of invoice within 10 calendar days.
b) For events (room/hall rental & revenue from food sales) in case of orders with order volumes of € 10,000.00 and higher
- 10% deposit upon conclusion of contract as a guarantee, plus
- 50% deposit 90 calendar days before the event begins, plus
- 30% deposit 30 calendar days before the event begins,
- Remaining amount upon presentation of invoice within 10 calendar days.
6. A lien is granted on all objects of any kind furnished by the ordering party with regard to any and all outstanding accounts relating to the above order.
7. Complaints regarding invoicing are to be filed immediately with the hotel as soon as they become known.
8. The form of invoicing (recipient) is to be made known to the hotel accordingly upon order placement or no later than the end of service provision.
IV. Hotel’s withdrawal from the contract
1. If an agreed upon prepayment is not made even after expiration of an appropriate subsequent extension period specified by the hotel, then the hotel is entitled to withdraw from the contract.
2. Further, the hotel is entitled to withdraw from the contract for objectively justifiable cause, e.g. if
- an Act of God or circumstances for which the hotel is not liable make fulfillment of the contract impossible,
- accommodations and/or events are booked under misleading or incorrect specification of material facts, e.g. about the customer or purpose,
- the hotel has reason to assume that the provision of accommodations and/or the event may jeopardize the seamless operation, safety or reputation of the hotel in the public eye, without such being attributable to the management or organizational unit of the hotel or there is a violation of above Section II.2.
3. The hotel must immediately inform the customer about the exercising of the right to withdraw.
V. Cancellation by the customer
1. Cancellations must be made in writing.
2. In the accommodations section, the following applies to a cancellation made by the customer:
Upon completion of booking, a cancellation made no later than 6 months prior to arrival remains free of charge.
Thereafter the following cancellation periods and charges apply:
- It is not permitted to change the booking period. Partial cancellations on the core days are not permitted.
- Partial cancellations of up to 50% of the original total volume are free of charge if made no later than 3 months prior to arrival.
- Partial cancellations of up to 10% of the original total volume are free of charge if made no later than 2 months prior to arrival.
- Partial cancellations of up to 5% of the original total volume are free of charge if made no later than 1 month prior to arrival.
- Cancellations which are not made within the cancellation periods are invoiced in full.
- The participant list and room allocation must be submitted to the hotel no later than 10 days before arrival at the hotel.
3. For events the following applies in case of cancellation by the customer:
- The event holder can withdraw from the contract free of charge up to 60 calendar days before the event date, 90 days before the event date respectively for the rental of the ballroom.
- If the event holder cancels between the 60th calendar day and the 30th calendar day before the event date, between the 90th calendar day and the 30th calendar day before the event date respectively for the rental of the ballroom, the hotel is entitled to charge the rental price agreed upon if subsequent rental is no longer possible.
- If the event holder cancels between the 30th calendar day and the 14th calendar day before the event date, then the hotel is entitled to charge the rental price agreed upon plus 50% of the lost revenue from food sales.
- If the event holder cancels between the 14th calendar day and the 7th calendar day before the event date, then the hotel is entitled to charge the rental price agreed upon plus 75% of the lost revenue from food sales; the revenue from food sales is due in full in case of later cancellation.
- The revenue from food sales is calculated using the formula: Price of food / price of banquet x number of persons. If no price was agreed upon for the meal, the food price or the most affordable 3-course meal of the correspondingly applicable event offering will be used as a basis. If no room rents were proposed for the event, then the applicable room rental rates apply for this time period. The customer has the burden of proof of less damage, the hotel that of proof of more damage.
4. In the case booking a block of rooms, Section 2. applies accordingly if the booking is cancelled. If the rooms are called for directly by the guest, the event holder is liable for the booked block of rooms until they are called for.
VI. Changes in the number of participants and time of the event
1. The banquet department must be notified no later than 5 workdays before the event starts if the number of participants changes by more than 5%; this requires the written consent of the hotel. Without the corresponding consent of the hotel, in case of a deviation which is less than the contractually agreed upon number of participants, the charge will be for the agreed upon number of participants, with an offset of any expenses saved.
2. In case of a deviation which is more than the agreed upon number of participants, the charge will be for the actual number of participants.
3. Any later than five workdays before the event begins, in case of a deviation of more than 10% less than the number of participants agreed upon, the hotel is entitled to consent only on the condition that the prices agreed upon are redefined and/or the confirmed rooms are changed.
4. If the agreed upon start and finish times of the event change without the prior written consent of the hotel, then the hotel is permitted to charge for the additional costs of on-call service provision.
VII. Technical equipment and connections
1. If the hotel is requested by the contractor to procure technical or any other kind of equipment or services from third parties, such is done in the name of, on behalf of and on the account of the customer. The customer is liable for appropriate treatment and due return of such. The customer indemnifies the hotel from any third-party claims arising from the provision of this equipment.
2. In the case of installations of technical structures and systems, the hotel can demand that these be accepted by TÜV and that the customer presents the hotel with the technical test certificate without delay and without being requested to do so.
3. The use of the contractor’s own electrical systems running on the mains grid of the hotel requires the hotel’s written consent. The hotel is entitled to charge a fixed amount for such use. The customer is liable for any malfunctions or damages to the technical equipment of the hotel resulting from the use of the contractor’s own equipment, unless the hotel is liable for such.
4. The customer is entitled to use his/her own phone, fax and data transmission equipment with the consent of the hotel. The hotel is entitled to charge for the connection of such.
5. If, as a result of the connection of the contractor’s own systems, suitable systems belonging to the hotel are left unused, the hotel is entitled to charge for lost remuneration.
VIII. Decoration material and other items brought by the customer
1. Any decoration material brought by the customer must meet applicable fire protection requirements. The hotel can demand the presentation of a certificate issued by the corresponding authorities.
2. It is prohibited to place or mount objects on the walls due to the risk of possible damages. The hotel will provide poster stands or deco walls for a fee.
3. Any exhibition items or other objects brought along by the customer must be removed immediately after the end of the stay and/or the event. If the customer fails to fulfill this obligation, the hotel is permitted to undertake such removal and storage at the customer’s cost. If the objects remain in the event room, the hotel can charge room rent for the duration that the objects remain therein. The customer is also liable for any necessary removal of material left behind. The above provisions also apply to objects which are rented from third-party companies and placed in the rooms of the hotel.
IX. Liability of the hotel
1. Claims for compensation, regardless of the legal grounds on which they are made, are excluded unless the hotel is accused of acting with malicious intent or it must answer for its own gross negligence or gross negligence on the part of its legal representatives or executives or any of its other vicarious agents, or the claim for compensation for damages results from a violation of material contractual obligations. The amount of any liability based on such is limited to damages which are typical of the contract and foreseeable in all cases of ordinary negligence. Liability for damages arising from injury to life, body or health remains unaffected.
2. If the customer is an accommodated guest, the hotel is liable for the things brought in by the guest as per Sections 701 ff. of the German Civil Code (BGB). Accordingly, liability is limited to an amount corresponding to one-hundred times the price of the room for one day, albeit at most up to € 3,500.00, and for money and valuables at most up to € 800.00.
X. Liability of the customer
1. The customer is liable for damages to the building and/or inventory caused by the customer, the customer’s family members or guests, event participants and/or visitors, employees or other third parties associated with the customer in accordance with the legal provisions. The customer is obliged to take out sufficient insurance to cover such liability cases. The hotel is entitled to demand proof of such insurance.
XI. Closing provisions
1. Amendments or additions to the contract, including this written form requirement, must be made in writing.
2. The place of performance and place of payment is the site of the hotel.
3. The exclusive place of jurisdiction in commercial transactions – also for disputes concerning checks and bills of exchange – is the site of the hotel. If the customer has no general place of jurisdiction in Germany, the site of the hotel is also the place of jurisdiction.
4. German law applies.
5. If individual provisions of these General Terms and Conditions of Business are invalid or null and void, this does not affect the validity of the remaining provisions. This also applies in the case of loopholes in the contract. Legal regulations are applicable otherwise.
